§ 5.7. Screening and Landscaping Construction Regulations, Requirements and Design Criteria.

a.

Screening.

1.

Screening of the subdivision with either a masonry screen wall or a combination of berms and landscaping shall be required when any of the following conditions exist:

•

Where subdivisions are platted so that the rear and/or side yards of single-family or two-family residential lots are adjacent to an arterial thoroughfare (greater than sixty feet (60') in right-of-way width on the Thoroughfare Plan);

•

A four (4) lane collector street; are separated from a thoroughfare by an alley;

•

Houses back up to a collector or residential street (which is not allowed unless specifically approved by City Council).

NOTE: the developer shall provide, at his or her sole expense, a minimum six-foot tall masonry screening wall (also see Article 7 [VII] below), or some other alternative form of screening, if approved by City Council, according to the following alternatives and standards. All screening shall be adjacent to the right-of-way or property line and fully located on the private lot(s), including columns and decorative features. All forms of screening shall conform to the requirements of City ordinances and policies that govern sight distance for traffic safety. Any required screening device that is wholly or partially destroyed or damaged shall be replaced or repaired with the same materials and shall be finished such that its appearance is restored to how it was before being destroyed or damaged.

2.

Screening Alternatives. Screening shall be provided in accordance with, and shall be constructed to, standards and criteria as set forth in the City's TCSS and other related City code(s) and policy(s). An alternative form of screening, in lieu of the six- to eight-foot tall masonry wall, may be approved by City Council on a landscaping/screening wall plan submitted with the construction plat application. Such possible alternatives may include, but may not be limited to, the following:

(a)

Living/landscaped screen with decorative metal (e.g., wrought iron) fence sections with masonry columns;

(b)

A combination of berms and living/landscaped screening, either with or without a decorative metal or "WoodCrete" type of fence with masonry columns;

(c)

A combination of berms, decorative masonry retaining walls (no taller than six feet in height where facing or visible to a public street) and living/landscaped screening, either with or without a decorative metal or "WoodCrete" type of fence with masonry columns; or

(d)

Some other creative screening alternative may be approved if it meets the spirit and intent of this Section, if it is demonstrated to be long-lasting and generally maintenance-free, and if the City Council finds it to be in the public interest to approve the alternative screening device.

Any required screening device shall be, or shall achieve, at least six feet (6') in height and at least ninety percent (90%) opacity within three (3) years of initial installation/planting. Any landscaping used to achieve the purpose of required screening shall be equipped with an underground irrigation system with appropriate double-check valve(s), automatic controller(s), and automatic moisture and freeze sensors. Trees used for overstory screening shall be on a separate bubbler irrigation system that can be programmed to provide deep-watering of trees at intervals that may differ from the rest of the irrigation system.

The use of wood or other privacy fences immediately behind or abutting an alternative screening device that utilizes living screening elements (i.e., landscaping), berms, retaining walls and/or open (i.e., non-opaque) fence sections shall not be permitted due to the creation of a "no man's land" and subsequent maintenance nuisance in the area between the two devices/fences, and due to the detrimental visual appearance of this type of arrangement.

The use of any alternative form of screening in lieu of the masonry wall, particularly a device utilizing landscaping, shall require formation of a property/homeowners' association in accordance with Section 4.3 of this Ordinance.

3.

A wall/screening maintenance easement at least five feet (5') in width shall be dedicated to a property owners association on the private lot side and adjacent to the entire length of the screening wall or device.

4.

The screening wall/device shall be installed prior to approval of the final plat and prior to final acceptance of the subdivision (or appropriate surety provided, per Section 6 [VI] of this Ordinance). Landscape materials may be installed after the subdivision is accepted, upon approval of the Municipal Development Department, but in no case later than ninety (90) days following acceptance of the subdivision. Failure to properly install all components of a required screening wall or device within the allowed time frame, and without the appropriate developer's agreement and surety, shall constitute a violation of this Ordinance and the developer may be subject to a penalty pursuant to Article VIII of this Ordinance.

5.

All plants, such as trees, shrubs and ground covers, shall be living and in sound, healthy, vigorous and growing condition, and they shall be of a size, fullness and height that is customary for their container or ball size, as per the latest edition of the "American Standard for Nursery Stock", by the American Association of Nurserymen, as may be amended.

6.

All masonry, wrought iron, steel or aluminum screening wall or fence plans and details must be designed and sealed by a licensed professional engineer, and must be approved by the City Engineer. Masonry walls shall be in accordance with the City's design standards, and the use of "ThinWall" type of construction (i.e., that does not conform to the TCSS) shall be prohibited due to problems with inferior strength and the higher cost of long-term maintenance. Decorative metal fencing shall be solid stock, not tubular, and shall have masonry columns at a minimum spacing of forty (40) feet on center unless otherwise approved by the City.

7.

The height of required screening devices, including spans between columns, shall be a minimum of six feet (6') and shall be no more than eight feet (8') tall. Decorative columns, pilasters, stone caps, sculptural elements, and other similar features may exceed the maximum eight-foot height by up to two feet (2') for a total maximum height of ten feet (10') for these features, provided that such taller elements comprise no more than ten percent (10%) of the total wall length in elevation view. Features that are taller than ten feet (10') in height shall require City Council approval on the landscaping/screening plans submitted with the construction plat.

8.

Screening fences, walls and devices shall not be constructed within any portion of a utility or drainage easement unless specifically authorized by the City and by any other applicable utility provider(s). Any existing or proposed public utility that crosses or impacts a screening wall shall be properly encased as determined and approved by the City Engineer.

9.

All screening walls shall be maintained by a property or Homeowner's Association.

b.

Entryway Features (neighborhood identification).

1.

Subdivisions in excess of ten (10) platted lots may provide a low maintenance landscaped entryway feature at access points from streets and thoroughfares into the subdivision. The entryway feature shall be placed on private property and within an easement identified for such use (limited portions of the feature or landscaping may be placed within the right-of-way, but only with City approval on the landscaping/screening plans), and shall observe all sight visibility requirements. Most of the feature or landscaping shall be located on private property so that long-term maintenance responsibility will be borne by the property owner or an approved homeowners association (see Section 4.3). Entryway features that are located mostly or entirely within City right-of-way shall only be allowed with City Council approval. Prior to City Council approval, the City may require the applicant to execute an agreement with the City that relieves the City of maintenance responsibility and that indemnifies and holds the City harmless for damage or injury incurred by or in conjunction with such features in the right-of-way.

2.

Design Requirements. The entryway feature shall include low maintenance, living landscaped materials as approved by the City. The design of the entryway feature shall also include an automatic underground irrigation system that is equipped with moisture-and freeze-sensors, and may also include subdivision identification, such as signage located on the wall. All plants shall be living and in a sound, healthy, vigorous and growing condition, and they shall be of a size, fullness and height that is customary for their container or ball size, as per the latest edition of the "American Standard for Nursery Stock", by the American Association of Nurserymen, as may be amended. Any walls or structures used in the entryway feature must conform to the City's regulations pertaining to maximum height within the front yard of residential lots (see the Zoning Ordinance) wherever the adjacent lot sides onto the arterial street and the wall will be located within the front yard setback area.

3.

The design of the entryway shall be in accordance with design policies in the City's TCSS. The design of the entry shall be reflected on the landscape, screening and irrigation plans submitted along with the engineering plans and the construction plat, and shall be approved by the City.

4.

The maintenance of the entryway shall be the responsibility of the developer for a period of at least two (2) years or until building permits have been issued for eighty percent (80%) of the lots in the subdivision, whichever date is later. Following that period of time, maintenance responsibility shall be borne by the private property owner(s) upon whose lot(s) the entryway feature is located, or by an approved homeowners association (see Section 4.3). If, at some point in time, the maintenance responsibility shifts to the City, the City shall have the right to upgrade, reduce or eliminate entirely, at its sole option, the landscaping and other amenities in order to simplify or minimize the amount of time, effort and cost that maintenance of the entryway will require.

c.

Landscaping. All landscaping shall be in conformance with the City's Landscape Ordinance, as amended.

d.

Signage. All signage shall be in conformance with the City's Sign Ordinance, as amended.