City of Riverbank Landscape Ordinances
Community Design
Good community design is defined in several ways. For this discussion we will use the definition that good community design is a balanced approach to development that allows nature to play a significant role in the community and a significant role on each development site within that community. Good community design will allow nature to perform a number of environmental services as well as make the community more interesting from a visual and physical point of view. Good community design means retaining the urban forest canopy, reducing on site run off, screening objectionable views, minimizing the importance of the automobile and its parking areas and providing habitat for urban wild life. Further, good community design brings to the community the lines, colors, texture, forms, and patterns which are created by the careful composition of landscape design elements that have flowers, fruits, interesting bark patterns and assorted leaf characteristics. Nature in the city is one measure of good community design.
Landscape codes and tree laws can help the community build while still protecting nature and the benefits that can be drawn from nature. A community can grow while protecting nature’s urban forest, public waters, clear air and beautiful scenes. If the development community, designers, natural scientists, citizens and public officials work together, we can build smarter, cleaner and healthier communities.
To help the City of Riverbank grow in an orderly manner and to protect the property values of landowners, there are certain landscape regulations that are accepted by the city and the development community. Landscape design standards help provide uniformity with creativity in the development of land.
Landscape Design Standards
Land clearing : Development can take place in such a manner that some trees and natural places can be preserved on every development site. At the very least, natural areas which are modified or removed can at least be recreated through thoughtful landscape design. To save natural habitat, the first thing that a developer should do is inventory what is on the site. This will disclose what can be removed for development and what is possible to retain as an amenity to the project. Preserving trees on building sites will not only make properties look better, but will allow little pieces of nature to continue to occur within the city. It is good design to save patches and groves of existing trees and unique natural habitats within the city.
Tree Clearing : Land clearing and tree clearing are not the same activity. Land clearing is often done to change grades, provide for drainage and build site facilities like buildings and parking lots. Tree clearing is often done just to prepare the site for sale or development. With proper site planning and design, it is possible to retain significant groves of trees and natural habitat while still grading the site for construction, drainage and use.
View from the road : The view from the public road is one of the primary objectives of the community landscape ordinance.
Paving to street : Paving to the street with a continuous curb cut is not permissible [discouraged]. Not only is it unsafe for drivers and people who park cars, it is unsightly to push a building to the front property line. Street tree planting areas, buffer standards and street yard planting areas have been created to prevent strip developments where all businesses look the same and there is not physical separation between adjacent land uses or public streets.
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Street Edge : Street edges are owned by the city and should be carefully controlled as to size and access points. Curb cuts should be restricted and reduced in number allowing more space for street tree plantings and below ground utilities. Minimum curb cuts are desirable along public streets and all curb cuts should be properly sized. Using interconnected parking lots to minimize curb cuts is not only good design it is a smart way to grow. Riverbank [generally] requires that the street edge be planted with street trees by the developer of property frontage. The developer or private property owner fronting a public street is often required to maintain trees, shrubs and grass that may be planted in the space at the edge of public street.
Street Yard : The area behind the street right-of-way and in front of any building on private property is known as the street yard. Street yard design standards prevent property owners from paving to the property lines. Street edges and street yards can be designed and planted to help reduce roadside distraction and clutter and thereby make public roadways safer places to travel. Exceptions are often granted to businesses that use their street yards as a sales display area. But even those businesses must apply for a zoning variance.
Street Walls : Paving from the property line to the wall of a building is not good design. The city requires
[encourages] a strip of planting to occur between parking lots and buildings, especially those walls that face public streets. Plantings to separate buildings from parking soften the harshness of buildings and improve the pedestrian experience of parking lots.
Building entries : Parking lots that are paved right up to the door of the building are not pedestrian friendly nor are they safe. Street wall planting design prevents building the parking lot to the building wall. Planting between the parking lot and the building and adding walkways, waiting areas, fountains or sculpture increases the quality of the pedestrian experience and enhances safety. The City of Riverbank does not allow [discourages] paving up to the foundation of the building.
Parking lot design : Vehicular Use Areas (VUA) commonly called ‘parking lots’ comprise some 60% of urban land. The way they are designed and built greatly impacts the way the city looks and helps provide the city’s character to residents and visitors alike. More importantly, large exposed parking lots collect solar power and build up heat over urban areas. These extra heated areas are known as “heat islands” and studies show that they can raise ambient air temperature several degrees. In addition, heat island temperature rise also impacts air quality in parking lots by creating ozone which is unhealthy for certain people. Storm run off from paved parking lots is also an environmental problem. Run off adds sediments and chemicals to public water bodies which meet society’s need for potable water. And finally, the visual clutter caused by parking lots, especially when they are paved to the edge of the property, diminishes urban character as well.
VUA interiors : Parking lot interiors should be more than continuous concrete and asphalt. VUA
Interiors should be planted with shade trees to cool the environment and to make parking lots more attractive to neighbors and passersby. Planting of trees and shrubs within parking lots is one of the most cost effective ways of reducing the effects of urban heat islands. Paving from property line to property line poor design and is discouraged [or not allowed] by the City of Riverbank.
Interior Island Planting : Properly sized interior islands, peninsulas, medians and walkways are integral parts of a parking lot. Their primary use is to direct traffic, organize parking into bays and aisles, and identify parking spaces. Walkways are used to make pedestrian circulation through the parking lot safer, especially for the young, wheel chair bound and the elderly. In parking lots which sort cars by size or use, they are integral in making parking lots work efficiently. The City of Riverbank encourages [or requires] interior features within parking lots be planted with trees, low shrubs and ground covers in order to make
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vehicular use areas more visually pleasing, cooler and cleaner. Interior UVA islands should be scaled to appropriate sized shade trees.
VUA walkways : When walkways are not provided, people walk in the street. Walkways in vehicular use areas allow pedestrians to approach buildings in a safe, well-planned and designed manner. Children walking through parking lots are particularly subject to not being seen by drivers. Pedestrian walkways should not be located in the automobile travel lane, which would encourage pedestrians to walk in the street. The amount of liability that the landowner assumes by not having dedicated walkways and articulated cross walks through or around vehicular use areas is astounding. A well-designed community is concerned with pedestrian traffic.
VUA Screening : Parking lots should be screened from public streets and residential developments. This is a standard tenant in well-designed communities. To effectively screen parking lots, it is important to leave space between the lot line and the parking lot so there is a place to plant trees and shrubs. A low vegetative hedge or a low masonry wall makes an effective parking lot screen.
Storm water runoff : Large paved areas of asphalt and concrete increase storm water run off, erosion, sedimentation and possible contamination of public waters. Large expanses of pavement promote flooding. Excess run off creates urban flooding by allowing the water to run off the land quickly. At the point of concentration, the water can back up and can cause property flooding or flooding of public streets. Storm water from parking areas carries oils and sediments off the site of deposition and into public water bodies and potable water supplies. The City of Riverbank requires on site storm water management techniques such as planted areas, grassed swales, storm water filters, detention basins, wet ponds and porous paving as a solution to excess parking lot run off.
Yard Buffering : Large amounts of land within the city occur along property lines, and often this land serves no real purpose. Side and rear buffers between neighbors make better neighbors and a more orderly neighborhood. Buffering of contrasting land uses makes a more visually compatible city. Rear and side buffers are often planted with layered shrub masses, ground covers and trees and act as natural areas for urban wildlife like birds, rabbits, squirrels, raccoons and beneficial insects. Naturalized buffers become wildlife habitat and provide cover and pathways through the city for small urban creatures.
Trash Screening : Screening of trash bins can prevent ugliness at the side of public streets and in front of buildings. Trash collection areas, loading docks, and mechanical equipment areas should be screened from neighbors and streets. Perhaps the most unsightly part of any city, or any individual property, is the place where trash is stored or collected. The city encourages [requires] the placing of trash, loading docks, storage areas and utility connections where they are least seen and can be screened from view with plantings, walls and fences.
Nature in the city : Nature in the city, including natural vegetation, wetlands, and wildlife habitat, must be preserved not only for its aesthetic appeal, but also as an area that is actively working to promote the health and welfare of the community. Nature can clean the water, clear the air, and reduce heat and carbon dioxide. Green space in the city prevents erosion, flooding, and heat build up and provides places where people can make contact with nature and achieve a sense of peace and tranquility that only nature can provide.
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Common Site Zones Diagram
This diagram illustrates some of the common site zones found in landscape ordinances from across the country. The diagram places all common site zones together on one proto-typical site. No ordinance has been found that regulates the design of each site zone as seen in this illustration. Rather, the diagram brings together site zones from many ordinances as a method of examining the many facets of landscape ordinance regulation.
Resources:
Green Laws and Community Design, “Working with Nature in the City.” Louisiana Department of
Agriculture and Forestry. http://www.greenlaws.lsu.edu.
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Section 1-Short Title
(this section of the ordinance identifies the law and places it in context of some other community code.
Most landscape ordinance are contain within zoning ordinances, subdivision regulations or general municipal codes of regulations)
Section 2-Purpose, Intent and Definitions
(It is the purpose of this section to declare the purpose and intent of the ordinance and how it has a bearing on the health, safety and welfare of the community. Definitions are given to clarify the meaning of certain terms and technical language contained within the law.
Section 3-Applicability Of Landscape Ordinance
(This section describes how the law applies in the community. Generally, landscape ordinances apply to specified zoning districts that are defined within the community's Zoning Ordinance. For example, in some communities the landscape ordinance applies only to commercial districts while in others they apply to all, from residential to industrial.)
Section 4-Land Clearing and Modification
(It is the intent of this section to protect the natural resources of the community by requiring that a building permit and land clearing permit by acquired prior to the start of construction or modification to land areas.)
Section 5-Site and Landscape Design Standards
(Within this section of the ordinance are minimum site design and landscape design standards that the community feel are important to protect the public health, safety and welfare of the community. Typical standards address plant and unique natural resource preservation, landscape zone dimensions, plant installation standards and requirements, storm water retention and recharge, irrigation, air cleansing, site distances, maintenance, plant material standards, recommended plant species.)
Section 6- Landscape Maintenance
(Maintenance is an important concern to all living things, particularly plant materials in their first year of establishment. To ensure that newly planted vegetation survives and serves the purpose of the ordinance and to be neat, healthy and orderly, it is intent of this section of the ordinance to specify certain minimum maintenance standards of watering , pruning, fertilizing and plant care. In some instances communities require the posting of bonds to insure the survival of the plant material.)
Section 7-Landscape Plan Required
(This section describes the preparation of the landscape plan which is used by the community to evaluate compliance with the terms of the landscape ordinance. Language within this section describes what is to shown on the plan, what dimensions, quantities and calculations are necessary, and drawing standards and conventions so that drawings can be read with clarity. Often this section requires that the person preparing the plan be trained in a professional l engineering, architecture or landscape architecture course and be licensed in conformance with appropriate state law and insured for public liability protection.
Section 8- Alternative Compliance And Landscape Credit
(Alternative compliance refers to betterment of the requirements of this ordinance. In addition because all sites are different there needs to be a procedure for encouraging a innovative, unique, and site specific
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landscape design that exceeds these minimum requirements. Alternative compliance will provide a mechanism to exceed these minimum standards, develop a point standard system, and set minimum qualifications of the person designing the landscape plan.)
Section 9- Permit Application Procedures
(This section of the ordinance describes the procedure for seeking the required permit, payment of fees, and public review policy.)
Section10-Enforcement, Penalties and Appeals
(It is the purpose of this section of the ordinance to describe the enforcement procedures to be followed to insure compliance with the provisions of the law. Penalties for violations of the law and a procedure for appeals for any aggrieved party seeking redress is given. The community generally designates enforcement officials and offices having jurisdiction.)
Section 11-Administrative Guidelines
(Each community will have special administrative procedures that they will follow to help the public interpret the ordinance. Administrative guidelines can be devised to assist with the administration of this ordinance.
Section 12-Conflicts
(This section of the ordinance addresses conflicts between this ordinance and other ordinances within the community.)
Section 13Severability
(Severability provisions are usually included to sever and remove any part of the ordinance that may prove to be unconstitutional or in conflict or violation of other applicable laws.)
Section 14-Effective Date
(This is the date that the law goes into effect)
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Standard Landscape Ordinances Definitions http://www.greenlaws.lsu.edu/terms.htm
ADA Spaces . Site spaces, defined by the Americans With Disabilities Act, which must be barrier free.
ADA spaces must be of a certain size, location, gradient, surfacing and use. Often found in parking lots and near building entries
Buffering . The use of landscaping or retained native vegetation or the use of landscaping along with berms, walls or decorative fences that at least partially and periodically obstruct the view from the street or an abutting property in such a manner that vehicular use areas, parking lots, parked cars, detention ponds and conflicting activity areas will be partially or completely screened.
Bufferyard . A landscaped area usually at the side or rear of development sites which are provided to separate and partially obstruct the view of adjacent land uses or properties.
Foundation Area . A proscribed area of ground of a defined width adjacent to a building wall.
Heavy Vehicle Loading Area . A paved area designed to accommodate the maneuvering, loading and unloading, and parking of commercial vehicles having extra length and excessive weight which may require an increase in pavement depth or ability to carry heavy loads.
Hydro-zone . A portion of the landscaped area having plants with similar water needs that are served by one irrigation valve and a set of head with the same schedule of water flow and timing.
Impervious Surface : Land area covered by a surface treatment that hinders the ability of the underlying soils to percolate water.
Island.
In road and parking area design, one of several types of a raised planting area, usually curbed, and placed to guide traffic, separate lanes, limit paving (impervious surface), preserve existing vegetation and increase aesthetic quality.
Landscape Best Management Practices (LBPM's) . Any planting, maintenance or sound ecological practices, standards or requirements that alter horticultural or aboricultural methods that reduce garden waste, recycle natural materials, conserve water, eliminate chemical discharge, capture storm water, trap sediments, improve pest management and assist plant growth through mulching, soil building, nutrient enhancement and systemic growth improvement methods.
Light Vehicle Loading Area . A paved area designed to accommodate the maneuvering, loading and unloading, and temporary parking of commercial vehicles.
Drive Through.
A paved extension of a vehicular use area whose sole purpose is allow for the pick up of deliver of goods.
Loading Areas . An area which contains trash collection areas of dumpster type refuse containers, outdoor loading and unloading spaces, docks, outdoor shipping and receiving areas, outdoor bulk storage of
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materials or parts thereof, and outdoor repair areas of any service stations, safety equipment, inspection stations, or dealers.
Native Plant Community : A natural association of plants dominated by one or more prominent native plant species growing in its natural habitat.
Habitat Protection Areas, HPA . An area identified on an approved site plan containing native vegetation, natural features or unique habitat which will remain undisturbed when the property is fully developed.
Open Space . The unoccupied portion of a lot or building site that is open to the sky and which may or may not contain landscaping, landscaping structures, or garden facilities..
Outdoor Storage Area . An uncovered area used for storage of equipment, materials, goods, and supplies including the keeping of automobiles, trucks, boats, trailers, buses, and lawn and garden equipment which are not enclosed within building walls.
Parking Bay.
A defined number of parking stalls separated by interior landscape islands, plantings or shade trees.
Parking Lot Screen or VUA Landscape Strip . Is a landscaped area which separates the vehicular use area of any development site from adjoining property and/or public right-of-way and whose purpose is to enhance the visual appearance of the site and to provide screening of the vehicular use area and certain other activities.
Permeable Pavement . An area of a vehicular use area paved with material that permits water penetration into the soil. Permeable pavement may consist of any porous surface materials which are installed, laid or poured.
Pervious Area . The area of a development site remaining after the area of structures, vehicular use areas, storage areas, utility areas, access ways, pedestrian pavement or wet retention ponds are subtracted.
Protected Tree . A tree of a certain size, species, age or character which can not be removed without a tree removal permit.
Retention Area : Areas designed usually by hydrological calculations and used for the permanent storage of storm water runoff. Micro-retention areas are sculpted minor depressions, swales and irregularly shaped parts of a building site whose purpose is to interrupt, slow and allow the seepage of storm water into landscape beds or directly into the ground.
Detention Area : An area designed by hydrological calculations for the temporary storage of a determined quantity of water with a release rate that is either fixed or variable.
Sign Monument Zone : An area of a site dedicated or permitted to the erection of a permanent sign or sign cluster often lighted and planted with low brightly colored seasonal flowers.
Sight Triangle . The area on either side of an access way at its junction with a public street forming a triangle within which clear visibility of approaching vehicular or pedestrian traffic must be maintained.
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Storage Area.
Any exterior of a site which is used for the keeping of garbage or trash cans, dumpsters, newspaper containers, oil and bottled gas tanks, swimming pool equipment, air conditioners and mechanical appurtenances.
Stream Bank Buffer . This is a setback zone along a active bayou, creek, stream, river or other water course which is left in its natural state for the purpose of preventing sedimentation or pollution from finding it way into a public water supply.
Street Tree Planting Area . The street tree planting area is the area of a development site which lies between the street right-of-way line and the edge of the street curb parallel to the street. This land is publicly owned but is often used for street tree planting, public utilities and street maintenance. It may also include public space within the center of boulevard medians fronting development sites.
Street Wall . A planting space of a proscribed dimension attached to the building wall fronting a public street.
Street Buffer.
An area with a defined depth which is attached to a front property or servitude line which lies between the street right-of-way line and the actual front wall line of the building facing a public street. A variant is the preserved street buffer in which all native trees of a certain size must be preserved.
Street Yard . The street yard is the area of a lot, which lies between the street right-of-way line and the actual front wall line of the building facing a public street.
Technical Standards . Criteria, requirements and standards of a technical nature, usually specified in quantities, dimensions, sizes, qualities and performance outcomes and spelled out in a landscape ordinance to guide designers in the proper design of various parts of the development site, building lot or property.
Travel Lane . The main access way, one way or two way, which serves a vehicular use area or parking lot.
Tree Protection Area (TPA) : Any portion of a site wherein are located numerous existing trees and other native plant materials which are proposed to be preserved.
Tree Protection Zone . The area at the base of a tree where roots grow that is protected, from any of a number of harmful activities.
Utility Service Area: An area which contains any surface mounted HVAC equipment, utility boxes, booster stations, switch boxes, irrigation controllers and transformers that are part of a site utility system.
Vehicular Use Areas . All areas subject to vehicular traffic including access ways, driveways, loading areas, service areas, and parking stalls for all types of vehicles. Commonly thought of as parking lots, driveways and interior streets.
Visual Screen.
A physical obstruction, partially opaque, consisting of living plant material, natural or manmade construction material, or a combination thereof used to visually separate two areas of a building site.
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Yard Area . That portion of any building site covered by the front, side and rear yard areas as established by the minimum setback requirements of a zoning ordinance.
Yard, Waterfront.
A waterfront yard is the yard adjacent to public waterways. Waterfront yards front bays, bayous, wetlands, lakes, canals, aquatic conservation areas, aquatic preservation areas and similar waterways.
Administrative Standards : The set of rules, procedures and requirements set forth in a landscape code for both public administrators, consultants, builders, developers or contractors associated with making permit application, assembling materials for pubic review, meeting the requirements of the landscape or tree regulations, seeking approvals, enforcement, conducting site inspections, collecting fees, issuing permits and filing reports.
Arborist or Urban Forester : A person trained in arboriculture, forestry, landscape architecture, horticulture, or related fields and experienced and licensed in the conservation and preservation of native and ornamental trees.
Comprehensive landscape code or land alteration code : Very sophisticated ordinances, codes that regulate not only landscaping but land alteration, tree protection, tree removal, storm water management, erosion control, ground water recharge and land clearing and habitat preservation.
Landscape Administrator . A professionally educated or trained and licensed person who is responsible for advanced technical and supervisory work in the enforcement of Landscape regulations. Work involves supervising and coordinating landscape inspection and plan review work, reviewing peer professional prepared landscape plans and specifications and writing administrative reports and giving expert testimony in regards to site development.
Landscape Architect. Professionally educated and licensed designer who is authorized to prepare landscape plans, specifications and provide expert testimony in regards to site development and compliance with municipal landscape regulations.
Landscape Inspector. Technical municipal employee, whose work involves on-site inspections for landscaping of new construction sites and older existing sites to ensure landscape code compliance.
Generally reports to the Landscape Administrator.
Design Components . Sections of a landscape ordinance that make reference to specific parts of a site, building lot or development property that must be designed using standards, specifications or technical requirements specified in that ordinance.
Design Manual : A companion document to a landscape code which is prepared to summarize the technical language of a landscape code or tree regulations and the administrative procedures involved with preparing landscape design plans, seeking building permits, tree removal permits, land alteration permits conditional use of property.
Design manuals generally contain information that is helpful to designers such as a descriptions of design components, technical standards, and administrative procedures included within the landscape code.
Design manuals often contain formulas, tables, diagrams, typical construction details, materials lists, standard specifications and helpful appendix material. Design manuals are written in easy to understand language and illustrated with graphics so that city officials, permit applicants, and property owners can
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under stand the technical landscape architecture, construction, horticulture and forestry terms contained within the landscape ordinance.
Green Law.
This is a sobriquet for the term landscape ordinance or any site specific law that preserves, protects or enhances natural systems on a defined parcel of land or zoned development site. Common green laws include post construction landscape ordinances, tree preservation ordinance and land alteration ordinances whose prime purpose is the protection of native habitat including vegetation, soils, natural drainage and wildlife. Published with permission of John Wiley & Sons publishers of Abbey, Buck, U.S.
Landscape Ordinances, John Wiley, NYNY, 1998.
Landscape Code : Created as a result of a landscape ordinance to create and set forth of set of technical landscape standards and responsibilities which are included within a municipal zoning ordinance to ensure that the public health, safety, and welfare is protected in regards to the development of land and changes to natural systems such as vegetation, soil, water, climate and wildlife associated with such land.
Landscape Ordinance: A public law, requiring public review and approval of a permit and creating a landscape code or tree regulations, often contained within a zoning ordinance or land development code that regulates landscape design, landscaping, landscape installation, horticultural practices, tree removal, planting, care and general site maintenance.
Landscape Code Standards . These are specifications, requirements, quality determinations or performance guidelines for judging acceptable compliance with the provisions of a landscape code.
Landscape Plan.
The preparation of graphic and written criteria, specifications, and detailed landscape plans to arrange and modify the effects of natural features such as plantings, ground and water forms, circulation, walks, irrigation, landscape lighting, erosion control, on site drainage and other features to comply with the provisions of a community landscape code.
Permit . An official public document, authorizing performance of a specific regulated activity, on a development site.
Post Construction Certification Statement: A statement that is filed with municipal officials by the landscape architect certifying that all landscape construction has been implemented according to the requirements of the landscape ordinance or any public law that may apply.
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