ORDINANCE NO. 9616

 

AN ORDINANCE OF THE CITY OF LAWRENCE, KANSAS, AMENDING CHAPTER 20, ARTICLE 10, SECTION 20-1009 OF THE CODE OF THE CITY OF LAWRENCE, KANSAS, 2018 EDITION, AND AMENDMENTS THERETO, PERTAINING TO LANDSCAPE MATERIAL STANDARDS, AND REPEALING EXISTING SECTION 20-1009.

 

BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF LAWRENCE, KANSAS:

 

SECTION 1. Chapter 20, Article 10, Section 20-1009, of the Code of the City of Lawrence, Kansas, 2018 Edition, and amendments thereto, is hereby amended to read as follows:

 20-1009     Landscape Material Standards

The following standards are the minimum required planting standards for all trees and Landscape Material.

 

(a)      Plant Quality

Plants installed to satisfy the requirements of this Article shall meet or exceed the plant quality standards of the most recent edition of American Standard for Nursery Stock, published by the American Association of Nurserymen. Plants shall be nursery-grown and adapted to the local area.

 

(b)      Artificial Plants

No artificial plants or vegetation may be used to meet any standards of this section, with the exception of synthetic turf, provided that the use of synthetic turf is approved by the City Commission Planning Director in accordance with Chapter 18, Article 4, Section 18-402(b) of the City Code, as amended. Any person aggrieved by the decision of the Planning Director her4eunder may appeal that decision to the Board of Zoning Appeals in accordance with Sections 20-1311 and 20-1402 of the City Code, as amended.

 

(c)      Trees

 

(1)        Types

 

(i)       Required

Where required or permitted, trees shall be of Ornamental Trees, Evergreen Trees, or large Deciduous types, such as oak, maple, ash, hickory, or thornless honey locust. Use of the following trees is discouraged and may not be used to satisfy the standards of this Article: box elder, soft maple, hackberry, American elm, poplar, ailanthus (tree of heaven), willow or mimosa.

 

(ii)      Species Mix

When more than ten (10) trees are required to be planted to meet the standards of this Article, a mix of species shall be provided. In order to promote diversity in the urban forest, the number of species to be planted varies according to the overall number of trees required to be planted in accordance with the following requirements:

Required Number of Trees

Minimum Number of Species

11-20

2

21-30

3

31-40

4

41+

6

 

(2)        Sizes

 

(i)       Shade Trees

Shade Trees planted to satisfy the standards of this Article shall have a minimum Caliper size of two and one-half (2½) inches.

 

(ii)      Ornamental Trees

Ornamental Trees planted to satisfy the standards of this Article shall have a minimum Caliper size of one and three-fourths (1¾) inches.

 

(iii)     Upright Evergreens and Conifers

Upright Evergreen Trees planted to satisfy the standards of this article shall have a minimum planted height of six (6) feet above Grade.

 

(d)      Shrubs (Deciduous, Broadleaf  and Evergreen)

Shrubs shall have a minimum planted height of 24 inches above Grade. Deciduous and Broadleaf Shrubs shall be a minimum container size of 2 gallons. Evergreens shall be a minimum 5-gallon container size or balled and burlapped.

 

(e)      Ground Treatment

The ground area within required landscape areas shall receive appropriate landscape treatment and present a finished appearance and reasonably complete coverage upon planting. The following standards apply to the design of ground treatment:

 

(1)        Ground Cover

Ground Cover appropriate for the area may be planted in lieu of turf grass. Ground Cover shall be of a size and spacing to provide a minimum of 50% coverage after the first full Growing Season and complete coverage at maturity. Edging material shall be provided for all Ground Cover.

 

(2)        Mulch

Mulch shall be installed and maintained at a minimum depth of 2 inches and a maximum depth of 4 inches on all planted areas except where Ground Cover plants are fully established. Mulch may be used as a permanent ground treatment in those landscape designs where Ground Cover or grass is inappropriate.

 

(3)        Grass Seed and Sod

Turf areas shall be planted with species suitable as permanent lawns in Lawrence. Turf areas may be sodded or seeded.

 

(i)       In areas where grass seed is used, maintenance shall be provided until coverage is complete, and complete coverage shall be provided after the first full Growing Season.

 

(ii)      Erosion control methods shall be installed in drainage swales and areas with a gradient of 5 percent (5%) or greater. The method of erosion control shall be approved by the City Engineer prior to obtaining a Building Permit.

 

(f)       Fences and Walls

Fences and walls used to meet the standards of this Article shall be of uniform appearance and design throughout the subject development.

 

SECTION 2. Existing Section 20-1009 of the Code of the City of Lawrence, Kansas, 2018 Edition and amendments thereto, is hereby repealed in its entirety, it being the intent of the Governing Body that the provisions of this ordinance supersede it.

 

SECTION 3. If any section, sentence, clause, or phrase of this ordinance is found to be unconstitutional or is otherwise held invalid by any court of competent jurisdiction, it shall not affect the validity of any remaining part of this ordinance.

 

SECTION 4. This ordinance shall take effect and be in force after its passage and publication as provided by law.

 

PASSED by the Governing Body of the City of Lawrence, Kansas, this ____ day of _______, 201_.

 

APPROVED:

 

 

 

_____________________________

Stuart Boley

                                                                                    Mayor

ATTEST:

 

 

 

__________________________________

Sherri Riedemann

City Clerk

 

APPROVED AS TO FORM:                  

 

 

 

__________________________________                      

Toni R. Wheeler                                                        

City Attorney