ATTACHMENT B_Draft Waterwise Landscaping Land Use Code changes ANNOTATED

Attachment B - Annotated Ordinance

ATTACHMENT B Annotated Ordinance 4-20-43. Development Application Fees. … (b)

Land use regulation fees: (1)

Applicant for a blue line amendment shall pay$524

(2)

An applicant for zoning of land to be annexed shall pay the following fees:

Feasibility study Annexation feasibility study$2,100 (Will apply as credit to initial annexation application fee if submitted within the same calendar year.) Simple Residential Detached Dwelling Unit Initial application$5,000 Reapplication for same type of revision on same property within six months (if initial application is withdrawn or denied)$2,500 Standard Initial application$15,000 Reapplication for same type of revision on same property within six months (if initial application is withdrawn or denied)$7,500 Complex Initial application$20,000 Each additional annexation agreement$2,500 Reapplication for same type of revision on same property within six months (if initial application is withdrawn or denied)$10,000 (3)

An applicant for approval of a use review shall pay the following fees:

Standard Initial application$3,420 Reapplication for same type of revision on same property within six months (if initial application is withdrawn or denied)$1,710 Fee includes an initial and two subsequent staff reviews of the application. Each additional staff review of an application is$1,130 Nonconforming uses and nonstandard lots and buildings Initial application$2,870 Reapplication for same type of revision on same property within six months (if initial application is withdrawn or denied)$1,435 Fee includes an initial and two subsequent staff reviews of the application. Each additional staff review of an application is$950 Created: 2024-12-20 14:02:41 [EST]

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Attachment B - Annotated Ordinance

Minor use review Initial application$1,710 Reapplication for same type of revision on same property within six months (if initial application is withdrawn or denied)$855 Fee includes an initial and two subsequent staff reviews of the application. Each additional staff review of an application is$560 (4)

An applicant for the concept plan review and comment process shall pay$8,915

Applicant shall also pay the planning board/city council administrative fee. (5)

An applicant for approval of a site review or an amendment to a site review shall pay the following fees:

Standard Initial application$14,480 Reapplication for same type of revision on same property within six months (if initial application is withdrawn or denied)$7,240 Fee includes an initial and two subsequent staff reviews of the application. Each additional staff review of an application is$4,780 Height modification only Initial application$2,870 Reapplication for same type of revision on same property within six months (if initial application is withdrawn or denied)$1,435 Fee includes an initial and two subsequent staff reviews of the application. Each additional staff review of an application is$950 Simple site review Initial application$7,630 Reapplication for same type of revision on same property within six months (if initial application is withdrawn or denied)$3,815 Fee includes an initial and two subsequent staff review of the application. Each additional staff review of an application is$2,520 Minor site review Initial application$3,420 Reapplication for same type of revision on same property within six months (if initial application is withdrawn or denied)$1,710 Fee includes an initial and two subsequent staff reviews of the application. Each additional staff review of an application is$1,130 Complex site review Initial application$40,580 Reapplication for same type of revision on same property within six months (if initial application is withdrawn or denied)$20,290 Created: 2024-12-20 14:02:41 [EST]

(Supp. No. 161, Update 4) Page 2 of 34

Attachment B - Annotated Ordinance

Fee includes an initial and two subsequent staff reviews of the application. Each additional staff review of an application is$13,390 (6)

An applicant for rezoning shall pay the following fees:

Initial application$22,890 Reapplication for same type of revision on same property within six months (if initial application is withdrawn or denied)$11,445 Fee includes an initial and two subsequent staff reviews of the application. Each additional staff review of an application is$7,550 (7)

An applicant for an outside city utility permit shall pay the following fees:

Initial application$7,630 Reapplication for same type of revision on same property within six months (if initial application is withdrawn or denied)$3,815 Fee includes an initial and two subsequent staff reviews of the application. Each additional staff review of an application is$2,520 (8)

An applicant for a temporary water utility connection permit shall pay393

(9)

An applicant for a planning board review shall pay an administrative fee of $1,580 plus a $131 hourly rate for staff time required.

(10) An applicant for a conditional use review shall pay $1,090, unless a different fee is specified herein. (11) Reserved. (12) Reserved. (13) Reserved. (14) An applicant for selling from a moveable structure, vacant lot, or a parking lot (includes Christmas tree sales) shall pay the following fees: Initial application$252 Application renewal ..... $84 (15) An applicant for a wireless communications facility, including small cell facilities in the public right-ofway, shall pay the following fees: New, modification to, or collocation of wireless communications facility, and eligible facilities request, for each facility that is part of the application$2,440 Small cell facility in public right-of-way, up to five facilities as part of the application$500 New vertical infrastructure in the public right-of-way intending to support one or more small cell facility$1,000 Wireless communications facilities, including small cell facilities in the public right-of-way, shall pay $100 each for any additional facilities that are part of the application. Small cell facilities in the public right-of-way are subject to a yearly fee of $270 per facility. (16) An applicant for a group home facility shall pay$505 (17) An applicant for a review for development under Section 9-7-12, "Two Detached Dwellings on a Single Lot," B.R.C. 1981, shall pay$560 (18) An applicant for an administrative parking reduction shall pay$605 Created: 2024-12-20 14:02:41 [EST]

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Attachment B - Annotated Ordinance

(19) An applicant for an administrative parking deferral shall pay$337 (20) An applicant for an administrative solar exception shall pay$252 (21) An applicant for a conditional use in a BC zoning district pursuant to Section 9-6-2(c)(1), "Specific Use Standards for Uses in the BC Zoning Districts," B.R.C. 1981$274 (22) An applicant for vacation of a public street or alley shall pay $4,000 for a vacation feasibility study and $5,230 for a vacation processing fee. An applicant for vacation of a public easement shall pay$505 (23) An applicant for an administrative setback variance shall pay$252 (24) An applicant for a minor modification to an approved discretionary review plan shall pay the following fees: Standard$757 Simple ..... $168 (25) An applicant for a conditional height review shall pay$252 (26) An applicant for temporary outdoor entertainment shall pay the following fees: Initial application$252 Application renewal ..... $84 (27) An applicant for a miscellaneous plan review (additional plan review required by changes, additions, or revisions to approved plans) or other services associated with development review shall pay $131 per hour of staff time required, with a minimum charge of one hour. (28) Development related fees: An applicant requesting a zoning verification letter shall pay$136 An applicant for a development extension/staff approval review shall pay$136 An applicant requesting to rescind a development agreement shall pay$547 An applicant for an administrative relief/transportation/parking shall pay$274 An applicant for an administrative relief/nonconforming use substitution shall pay$274 An applicant for an administrative relief/landscaping review standards modification 1shall pay$274 An applicant requesting initial property addressing shall pay $32 plus$16/unit An applicant requesting a change of address shall pay$274 An applicant requesting a street name change/city council approval shall pay an administrative fee of $1,580 plus review fee of$524 Boulder Valley Comprehensive Plan fees: An applicant for a land use designation change outside the annual update process shall pay$630 (29) An applicant for approval of a form-based code review or an amendment to a form-based code review shall pay the following fees:

1

The name for the administrative review application does not match that within Table 2-1 of Section 9-2-1. Further, the name is proposed to be updated to be a “standards modification” rather than a “variance” which implies hardship. Created: 2024-12-20 14:02:41 [EST]

(Supp. No. 161, Update 4) Page 4 of 34

Attachment B - Annotated Ordinance

Form-Based Code Review$8,885 Form-Based Code Review Amendment$2,100 Administrative Form-Based Code Review$757

6-2-3. Growth or Accumulation of Weeds Prohibited. (a)

No owner, lessee, agent, occupant, or person in possession or control of any occupied or unoccupied lot or tract of land or any part thereof in the city shall permit or maintain on any such lot or tract of land or along the sidewalk, street, or alley adjacent thereto any growth state-listed of noxious weeds to a height greater than twelve inches. All Colorado Department of Agriculture List A species must be eradicated, regardless of height. 2

6-6-1. Legislative Intent. (a)

The purpose of this chapter is to protect the public health, safety, and welfare by prescribing requirements for the protection of trees and plants within the city, including, without limitation, trees, shrubs, lawns, and all other landscaping.

(b)

The city council finds that all trees, plants, and other landscaping located, standing or growing within or upon city property, including, without limitation, any city-owned or controlled street, alley, rights of way, or other public place or city or mountain park, recreation area or open space, belong to the city and are a community asset comprising a part of the public infrastructure.

(c)

The city council finds that the protection, expansion, and maintenance of the urban forest is important to support community resilience, which is the ability of the community to recover in times of emergency or disruption and to adapt over time to chronic stresses.3 Preservation of trees is necessary for the continuity of the environmental, economic, social and human health services provided by the urban tree canopy. Continued maintenance ensures the health and value of individual trees, broadens the urban tree canopy to mitigate urban heat island effect,4 and maximizes the services provided by this resource.

(d)

The city council finds that the requirements of this chapter are necessary to ensure the continued protection, maintenance, replacement, and management of city-owned trees, plants, and other landscaping.

6-6-6. Protection of Trees and Plants. (a)

No person shall, remove, damage, or destroy any tree or plant growing within or upon any city-owned, city controlled property, or within or upon any public right-of-way without first having obtained written permission from the city manager or a permit pursuant to Chapter 8-5, "Work in the Public Right-of-way and Public Easements," B.R.C. 1981. Only International Society of Arboriculture (ISA) certified contractor licensed in the City of Boulder may work on public trees. 5

2

Aligns existing code section on weeds to noxious weeds as defined by the state and clarifies state legislation to eliminate noxious weeds. 3 Adds a definition for community resilience, as defined in the current Boulder Valley Comprehensive Plan. 4 Updates to indicate more environmental benefits of increasing tree canopy to mitigate rising temperatures in areas that have hardscape or increase ground level heat. 5 This change reflects current practice by the city’s Urban Forestry division. Created: 2024-12-20 14:02:41 [EST]

(Supp. No. 161, Update 4) Page 5 of 34

Attachment B - Annotated Ordinance

(b)

No person shall attach to or install on any tree or plant growing within or upon any city-owned or controlled property, including public rights-of-way, without first having obtained approval from the city manager, any metal material, sign, cable, wire, nail, swing or other material foreign to the natural structure of the tree, except materials used for standard tree care or maintenance, such as bracing and cabling, installed by tree professionals.

(c)

No person shall attach any electric insulator or any device for holding electric wires to any tree or plant growing or planted upon any city property. No person owning any wire charged with electricity running through public property shall fail to fasten such wire securely to a post or other structure so that it will not contact any plant. If the city manager determines it is necessary to prune or cut down any plant growing on city property in the city across which electric wires run, no person owning such wires shall fail to remove any such wire or to discontinue electric service within twenty-four hours after being notified by the manager of the scheduled pruning or cutting of the trees.

(d)

No person owning or operating a gas pipe or main within a radius of forty feet of any tree or plant shall fail to repair the same immediately if a leak occurs and stop such leak in order to protect the plant and the public health, safety and welfare.

(e)

No person shall perform any work or construction within or upon any city-owned property, public right-ofway or public easement without providing tree protection in conformance with the City of Boulder Design and Construction Standards.

(f)

No person shall engage in the business of cutting, pruning, removing or applying pesticides to any trees on public or private property within the city for commercial gain or profit without first obtaining from the city manager a license under this chapter.

8-2-25. Adjacent Owners' Duty to Maintain Street Trees. A property owner shall maintain trees required pursuant to Section 6-6-7, "Mitigation of Trees or Plants Removed or Destroyed," B.R.C. 1981; Subsection 9-2-14(h)(2)(C), "Site Review," B.R.C. 1981; and Section 9-9-12, "Landscape and Screening Standards," B.R.C. 1981, on or adjacent to the owner's property in the public right-ofway, by providing sufficient irrigation to sustain the life of the tree and landscaping or and6 a mulched sod-free base around all trees with a diameter of six inches and under measured fifty-four inches above the ground.

8-5-2. Definitions. The following terms used in this chapter have the following meaning, unless the context fully indicates otherwise: … Landscaping means materials, including, without limitation, grass, ground cover, shrubs, vines, hedges, or trees, and nonliving natural materials commonly used in landscape development, as well as attendant irrigation systems. Landscaped area means any land set apart allotted for to living landscape planting materials, and also planting grass, turf, shrubs, trees, or similar living materials, including, without limitation, hardscaped areas such land in an arcade, plazas, patios, seating areas, courtyards, or pedestrian areapathways, designed to be

6

This is not an either or, and thus, is clarified with “and”. Created: 2024-12-20 14:02:41 [EST]

(Supp. No. 161, Update 4) Page 6 of 34

Attachment B - Annotated Ordinance

integrated with the landscaping,, and of which fences and walls and seating areas may be a part, but excluding building footprints, driveways, vehicular circulation, non-irrigated portions of parking lots, and decks.7 Landscaping means materials, including, without limitation, grass, ground cover, shrubs, vines, hedges, or trees, and nonliving natural materials commonly used in landscaped development.

8-5-11. Minimizing the Impacts of Work in the Rights-of-Way and Public Easements. (a)

Responsibility: No person shall fail to conduct work in such a manner as to avoid unnecessary inconvenience and annoyance to the general public and occupants of neighboring property.

(b)

Location of Utilities: Before any person begins work in any public right-of-way or public easement, it shall contact the Utility Notification Center of Colorado and make inquiries of all ditch companies, utility companies, districts, municipal departments and all other agencies that might have facilities in the area of work to determine possible conflicts. No person shall fail to contact the Utility Notification Center of Colorado and request field locations of all facilities in the area at least forty-eight hours in advance of commencing work.

(c)

Protection of Utilities: No person shall fail to support and protect all infrastructure, including, without limitation, pipes, conduits, poles, wires or other apparatus, which may be affected by the work from damage during construction performance of the work, or settlement of trenches subsequent to construction.

(d)

After Hours Work: Work activity performed in the public right-of-way or public easements may occur between the hours of 7 a.m. and 5 p.m. A person may request permission to perform work before 7 a.m. or after 5 p.m. in a public right-of-way or public easement, subject to city approval considering the type of work to be performed, the public necessity to have the work performed outside of normal hours, and the potential inconvenience or annoyance the work may have on the general public and occupants of neighboring property. Any approval to permit after-hours construction shall be subject to approval of a sound level variance, if necessary, prescribed under chapter 5-9, "Noise," B.R.C. 1981, and the applicant's agreement to pay the fee for after hours inspection prescribed under section 4-20-6, "Public Right-of-Way Permit and Contractor License Fees," B.R.C. 1981.

(e)

Noise: No person shall fail to comply with allowable noise levels prescribed under chapter 5-9, "Noise," B.R.C. 1981.

(f)

Trash and Construction Materials: No person shall fail to maintain the work site such that: (1)

Trash and construction materials are contained and do not blow off the construction site;

(2)

Trash is removed from a construction site often enough so that it does not become a health, fire or safety hazard; and

(3)

Trash dumpsters, materials, storage trailers or construction trailers shall not be placed in the right-ofway unless approved with the right-of-way permit.

(g)

Dust and Erosion: No person shall fail to use appropriate measures, such as watering and best management environmental practices, to control dust and erosion at the construction site.

(h)

Deposit of Dirt and Material on Roadways: No person shall fail to comply with the requirements to eliminate the tracking of mud or debris upon any street or sidewalk as prescribed under section 8-2-10, "Deposit of

7

This definition for ‘landscaped area’ is proposed to be updated to match the updated definition within Title 9, Land Use Code. Created: 2024-12-20 14:02:59 [EST]

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Attachment B - Annotated Ordinance

Dirt and Material on Streets and Alleys Prohibited," B.R.C. 1981. Equipment and trucks used during construction, excavation or work activity shall be cleaned of mud and debris prior to leaving any work site. (i)

Use of Street and Sidewalk Within the Right-of-Way or Public Easement: A permittee for a right-of-way construction permit shall: (1)

Make provisions for employee and construction vehicle parking so that neighborhood parking adjacent to a work site is not impacted;

(2)

Obtain permission from the city manager to occupy public metered parking spaces and pay applicable parking reimbursement fees for any work activity that impacts public metered parking spaces, as set forth in section 4-18-8, "Parking Meter Hood and Sign Permits," B.R.C. 1981;

(3)

Maintain safe traffic operations along all public streets in conformance with section 8-5-10, "Traffic Control," B.R.C. 1981;

(4)

Maintain an adequate and safe unobstructed public walkway through or around the working construction site or blocked sidewalk in conformance with section 8-2-11, "Duty to Maintain Walkway Around Obstructed Portions of Sidewalks," B.R.C. 1981;

(5)

Clear all snow and ice hazards from public sidewalks or walkways through or around the work site by 12:00 noon following a snowfall in conformance with section 8-2-13, "Duty to Keep Sidewalks Clear of Snow," B.R.C. 1981; and

(6)

Secure all dangerous areas, such as trenches and excavations, with appropriate markers, barricades and/or fencing.

(j)

Protection of Trees and Landscaping: No person shall fail to protect trees, landscape and landscape features, or improperly irrigate trees and landscaping resulting in damage or loss, as required by the city inconsistent with city requirements in the Design and Construction Standards and the City of Boulder Landscape Manual. 8 All protective measures shall be provided at the expense of the person performing work. Any damage to existing trees and landscaping shall be reported to the city manager for inspection. The person performing work shall be required to complete any remedial action necessary to repair and restore damaged trees and landscaping, as determined by the city manager. Any trees and landscape materials which are damaged beyond repair or restoration shall be replaced at an equivalent value to the damaged material at the expense of the person performing work.

(k)

Protection of Paved Surfaces from Damage: The permittee or any other person performing work shall be responsible for any damage caused to any pavement by any work activity. Upon order of the city manager, said person shall repair all damage to the satisfaction of the city manager. Failure to repair such damage will result in the use of the permittee's performance bond, financial guarantee or warranty by the city to repair any damage. To protect against pavement damage, backhoe equipment outriggers shall be fitted with rubber pads when used on pavement surfaces, and tracked vehicles are not permitted on paved surface unless specific precautions approved by the city manager are taken to protect the surface.

(l)

Protection of Property: No person shall fail to protect from injury any adjoining property by providing adequate support and taking other necessary measures. Said person shall, at their expense, shore up and protect all buildings, walls, fences or other property likely to be damaged during the work, and shall be responsible for all damage to public or private property resulting from failure to properly protect and carry out work in the public right-of-way and public easements.

8

This is intended to increase protection for existing trees in the public rights-of-way. Created: 2024-12-20 14:02:59 [EST]

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Attachment B - Annotated Ordinance

(m) Cleanup: As the work progresses, all public rights of way, public easements and private property shall be thoroughly cleaned of all rubbish, excess dirt, rock and other debris. All cleanup operations shall be done at the expense of the permittee or any other person performing work. (n)

Preservation of Monuments: No person shall disturb any surface monuments or survey hubs and points found on the line of work unless approval is obtained from the city manager. Any monuments, hubs and points disturbed shall be replaced by a Colorado Registered Land Surveyor at the expense of the permittee or the person that is responsible for its removal.

8-6-2. Definitions. The following terms used in this chapter have the following meanings, unless the context fully indicates otherwise: … Obstruction includes, without limitation: (a)

A fence, hedge or wall placed nearer than permitted by section 9-9-15, "Fences and Walls," B.R.C. 1981, to any public sidewalk or path; 9

(b)

Any landscaping, structure or fence within the corner sight triangle specified in section 9-9-7, "Sight Triangles," B.R.C. 1981, or within its prolongation within the right-of-way, which does not comply with the requirements of that section;

(c)

A tree or bush 10or other plant or a structure of any sort which projects beyond the property line of property abutting the right-of-way of any street, sidewalk, path or alley onto or over the public rightof-way and obstructs the view of traffic, obscures any traffic control device, prevents pedestrian use of any part of a street, sidewalk, path or alley, or otherwise constitutes a hazard to drivers or pedestrians. Without limitation, a dead bough of a tree located on a person's property but overhanging public property constitutes such a hazard11; 12

(d)

Cement, concrete, piping or other material placed in a gutter to aid vehicles in driving over a curb or for any other purpose.

9-2-1. Types of Reviews. (a)

Purpose: This section identifies the numerous types of administrative and development review processes and procedures. The review process for each of the major review types is summarized in Table 2-1 of this section.

(b)

Summary Chart: TABLE 2-1: REVIEW PROCESSES SUMMARY CHART I. ADMINISTRATIVE REVIEWS Affordable housing design review pursuant to Section 9-13-4, B.R.C. 1981

II. DEVELOPMENT REVIEW AND BOARD ACTION Annexation/initial zoning

9

Section 9-9-15, "Fences and Walls," B.R.C. 1981, requires that fences, hedges, and walls be no closer than eighteen inches to sidewalks.

10

Bush is undefined and is captured under “other plant”.

12

The language above it clarifies what an obstruction would be and therefore, this example is unnecessary. Created: 2024-12-20 14:02:59 [EST]

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Attachment B - Annotated Ordinance

BOZA variances Building permits Concept plans

Change of address Change of street name Conditional uses, as noted in Table 6-1: Use Table Demolition, moving, and removal of buildings with no historic or architectural significance, per Section 9-1123, "Review of Permits for Demolition, On-Site Relocation, and Off-Site Relocation of Buildings Not Designated," B.R.C. 1981

Demolition, moving, and removal of buildings with potential historic or architectural significance, per Section 9-11-23, "Review of Permits for Demolition, On-Site Relocation, and Off-Site Relocation of Buildings Not Designated," B.R.C. 1981 Form-based code review Geophysical exploration permit Landmark alteration certificates other than those that may be approved by staff per Section 9-11-14, "Staff Review of Application for Landmark Alteration Certificate," B.R.C. 1981

Easement vacation Extension of development approval/staff level Landmark alteration certificates (staff review per Section 9-11-14, "Staff Review of Application for Landmark Alteration Certificate," B.R.C. 1981)

Lot line adjustments

Landscape standards variance modification 13

Minor Subdivisions

Minor modification to approved site plan

Out of city utility permit

Minor modification to approved form-based code review

Rezoning

Lot line elimination

Site review Noise barriers along major streets per Paragraph 9-915(c)(7), B.R.C. 1981

Subdivisions

Nonconforming use extension

Use review

Parking deferral per Subsection 9-9-6(e), B.R.C. 1981

Vacations of street, alley, or access easement

Parking reduction of up to twenty-five percent per Subsection 9-9-6(f), B.R.C. 1981 Parking reductions and modifications for bicycle parking per Paragraph 9-9-6(g)(6), B.R.C. 1981 Parking stall variances Public utility

13

As stated above, this type of review is not really a variance, which implies hardship. Proposing a change from the standards is typically called a modification, so the name of the administrative review is proposed for update. Created: 2024-12-20 14:02:59 [EST]

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Attachment B - Annotated Ordinance

Rescission of development approval Revocable permit Right-of-way lease Setback variance Site access variance Substitution of a nonconforming use Solar exception Zoning verification 9-2-14. Site Review. …… (h)

Criteria: No site review application shall be approved unless the approving agency finds that the project is consistent with the following criteria:

… (2)

Site Design Criteria: The project creates safe, convenient, and efficient connections for all modes of travel, promotes safe pedestrian, bicycle, and other modes of alternative travel with the goal of lowering motor vehicle miles traveled. Usable open space is arranged to be accessible; designed to be functional, encourage use, and enhance the attractiveness of the project; and meets the needs of the anticipated residents, occupants, tenants, and visitors to the project. Landscaping aesthetically enhances the project, minimizes use of water, is sustainable and resilient, decreases wildfire risk, mitigates for urban heat island effect 14, and improves the quality of the environment. Operational elements are screened to mitigate negative visual impacts. In determining whether this is met, the approving agency will consider the following factors: (A)

Access, Transportation, and Mobility: (i)

The project enables or provides vehicular and pedestrian connectivity between sites consistent with adopted connections plans relative to the transportation needs and impacts of the project, including but not limited to construction of new streets, bike lanes, on-street parking, sidewalks, multi-use paths, transit stops, streetscape planting strips, and dedication of public right-of-way or public access easements, as applicable considering the scope of the project. Where no adopted connections plan applies, the applicant shall, in good faith, and in coordination with the city manager, attempt to coordinate with adjacent property owners to establish, where practicable, reasonable and useful pedestrian connections or vehicular circulation connections, such as between parking lots on abutting properties, considering existing connections, infrastructure, and topography.

… (B) 14

Open Space:

Updates the Site Review criteria to recognize emerging priorities in light of climate change. Created: 2024-12-20 14:02:59 [EST]

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Attachment B - Annotated Ordinance

(C)

(i)

Useable open space is arranged to be accessible and designed to encourage use by incorporating quality water efficient and wildfire resilient landscaping, a mixture of sun and shade, hardscape areas with site furnishings and amenities 15, and green spaces for gathering.

(ii)

The open space will meet the needs of the anticipated residents, occupants, tenants, and visitors of the property. In mixed-use projects, the open space provides for a balance of private and common areas for the residential uses and includes common open space that is available for use by residents of the residential uses and their visitors and by tenants, occupants, customers, and visitors of the non-residential uses.

(iii)

If the project includes more than 50 dwelling units, including the addition of units that causes a project to exceed this threshold, and is more than one mile walking distance to a public park, at least 30 percent of the required outdoor open space is designed for active recreational purposes.

(iv)

On-site open space is linked to adjacent public spaces, multi-use paths, city parks, or public open space if consistent with Department of Open Space and Mountain Parks or Department of Parks and Recreation plans and planning for the area, as applicable.

Landscaping and Screening: (i)

The project exceeds the minimum landscaping requirements of Section 9-9-12, "Landscaping and Screening Standards," B.R.C. 1981, by at least fifteen percent in terms of planting quantities, includes a commensurate area to accommodate the additional plantings, and, where practical, preserves healthy long-lived trees and includes new deciduous trees that can broaden the city’s urban tree canopy and provide shade for water conservation and cooling efforts.16

(ii)

The landscaping design includes a variety of plants providing a variety of colors and contrasts in terms of texture and seasonality and high-quality hard surface materials, such as stone, flagstone, porous pavers, and decorative concrete.

(iii)

The landscaping design is designed in accordancecomplies with the Boulder Approved Tree and Plant List and City of Boulder Landscape Manual. 17

(iv)_ The landscape design and conserves water through use of native and adaptive plants, reduction of exotic plant materials, and landscaping within stormwater detention facilities to create bioswales or rain gardens, or other similar design strategies. (iv)

(3)

Operational elements, such as electrical transformers, trash storage and recycling areas, parking, and vehicular circulation, are screened from the public realm through design elements, such as landscaping, fencing, or placement of structures, to mitigate negative visual impacts.

Building Siting and Design Criteria: Building siting and design are consistent with the character established in any adopted plans or guidelines applicable to the site or, if none apply, are compatible with the character of the area or improves upon that character, consistent with the intent specified in this paragraph. Buildings are positioned and oriented towards the public realm to promote a safe and vibrant pedestrian experience including welcoming, well-defined entries and facades. Building exteriors

15

Adds more detail on the expectations of the quality of open spaces and updates to reference emerging priorities. More clearly states the importance of increase tree cover and encourages deciduous trees which provide shade and are low flammability. 17 Adds new references to the Boulder Approved Tree and Plant List and Landscape Manual. 16

Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 12 of 34

Attachment B - Annotated Ordinance

are designed with a long-lasting appearance and high-quality materials. Building design is simple and to a human scale, it creates visual interest and a vibrant pedestrian experience. Building roof design contributes to a city skyline that has a variety of roof forms and heights. In determining whether this is met, the approving agency will consider the following factors: (A)

Building Siting and Public Realm Interface: (i)

New buildings and, to the extent practicable, additions to existing buildings are positioned towards the street, respecting the existing conditions or the context anticipated by adopted plans or guidelines. In urban contexts, buildings are positioned close to the property line and sidewalk along a street; whereas, in lower intensity contexts, a greater landscaped setback may be provided to match the surrounding context.

(ii)

Wherever practical considering the scope of the project, parking areas are located behind buildings or set back further from the streetscape than the building façade.

(iii)

Along the public realm, building entries are emphasized by windows and architectural features that include one or more of the following: increased level of detail, protruding or recessed elements, columns, pilasters, protruding bays, reveals, fins, ribs, balconies, cornices, eaves, increased window glazing, or changes in building materials or color.

(iv)

Defined entries connect the building to the public realm. Unless inconsistent with the context and building's use, along the public realm, one defined entry is provided every 50 feet. Buildings designed for residential or industrial uses may have fewer defined entries.

(v)

If the project is adjacent to a zoning district of lower intensity in terms of allowable use, density, massing, or scale, the project is designed with an appropriate transition to the adjacent properties considering adopted subcommunity and area plans or design guidelines applicable to the site, and, if none apply, the existing development pattern. Appropriate transitions may be created through design elements such as building siting and design or open space siting and design.

(vi)

The building's siting and relationship to the public realm is consistent with the character established in any adopted plans or guidelines applicable to the site or, if none apply, is compatible with the character of the area or improves upon that character, consistent with the intent of Paragraph (3), Building Design Criteria.

…

9-2-16. Form-Based Code Review. … (d)

Application Requirements: An application for approval of a form-based code review, may be filed by any person having a demonstrable property interest in land to be included in a form-based code review on a form provided by the city manager that includes, without limitation: (1)

All materials and information required by Subsection 9-2-6(a), B.R.C. 1981;

… (6)

Landscaping Plan. A detailed landscaping plan, consistent with Section 9-9-12, B.R.C. 1981, the Boulder Approved Tree and Plant List, the City of Boulder Landscape Manual, Chapter 8.5, “Wildland Code,” B.R.C. 1981 of Title 10, Structures, and Sections 9-9-13, "Streetscape Design Standards," and 9-9-14,

Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 13 of 34

Attachment B - Annotated Ordinance

"Parking Lot Landscaping Standards," B.R.C. 1981 18 showing the spacing, sizes, specific types of landscaping materials, quantities of all plants and whether the plant is coniferous or deciduous. All trees with a diameter of six inches and over, measured fifty-four inches above the ground on the property, or in the landscape setback of any property adjacent to the development shall be shown on the streetscape and landscaping plan. … 9-9-11. Useable Open Space. … (e)

Types of Useable Open Space: Useable open space includes: (1)

Landscaped areas meeting the requirements of sections 9-9-12, "Landscaping and Screening Standards," and 9-9-13, "Streetscape Design Standards," B.R.C. 1981 and the City of Boulder Landscape Manual; including landscaped areas with complementary open air plazas; fountains and waterfalls; pedestrian arcades; and outdoor small seating and gathering areas;. and vest-pocket parks.

(2)

Outdoor activity or recreational elements such as play fields, swimming pools or hot tubs, and hard surface areas constructed at the ground level, that are unenclosed by an overhead structure, including, without limitation, tennis, volleyball or basketball courts.

(3)

(4)

An outdoor garden or landscaped courtyard designed to connect to the adjacent grade and streetscape designed for the use of the occupants of the building, with a minimum dimension of at least twenty feet or more, proportional to the height of a building. The minimum dimension shall increase at least one foot in width for each one foot of height over thirty-five feet. Seating and other elements encouraging use and occupation shall be included in its design, and it should form an integral part of the circulation pattern within the project. To the extent practical and achievable on a given property, such outdoor garden or landscaped courtyard area shall also meet the following standards: 19

(A)

Provide southern exposure and sunlight into the open space area;

(B)

Hard surface areas shall be paved with unit pavers, such as bricks or quarry tiles or porous pavers, or poured-in-place materials. If poured-in-place materials are selected, they shall be of decorative color or textures;

(C)

At least twenty-five percent of the area shall be dedicated to gathering areas that include amenities such as seating, tables, grills, plantings, shade, horseshoe pits, playground equipment and lighting;

(D)

The required open space shall be visible directly from an adjoining public sidewalk, along a street frontage; and

(E)

All spaces shall provide a minimum of one tree per one thousand square feet of space, planted in the ground or accommodated in tree vaults over parking garages.

All landscaped areas, plazas and patios, used as open space, and located adjacent to a street, alley, driveway or parking lot, and protected from vehicular encroachment by a vehicular barrier which may include, without limitation, a bollard, wall, fence or curb.

18

Adds new references to the tree and plant list and landscape manual and also highlights the need to reference the wildland code, which has landscape related requirements in the Wildland Urban Interface (WUI). 19 Follows up on a prior conversation about the quality of these spaces and the need to have the spaces connect to the adjacent streetscape. Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 14 of 34

Attachment B - Annotated Ordinance

(5)

Exterior paved surfaces, except public sidewalks less than five feet in width and those paved areas specifically prohibited in subsection (i) of this section, may be used as open space subject to meeting the following additional standards: (A)

The pavement surface shall be decorated with elements such as brick, stone, concrete pavers, exposed aggregate, textured concrete, patterned concrete or colored concrete. A decorative surface shall not include a standard, uncolored concrete or asphalt surface, unless it is stamped with a pattern. An area that also includes utilities that may be located underneath such paved surface is not required to be of a decorative surface.

(B)

The paved areas shall be accessible and open for use by the tenants, occupants or visitors of the building. To enhance the use of such areas, the paved areas shall include passive recreation amenities which include, without limitation, benches, tables, ornamental lighting, sculpture, landscape planters or movable planting containers, trees, tree grates, water features, or active recreation amenities which include, without limitation, areas for basketball, volleyball or racquet sports.

… (i)

Prohibitions: Portions of a lot on which a structure or unenclosed use is located shall not be counted as useable open space unless allowed in subsection (d), (e), (f) or (h) of this section. Portions of a lot that are unenclosed include those areas that are designed such that they cannot be enclosed and are generally open to the sky above, except for a balcony or deck. The following are specific examples of areas that may not be counted as useable open space: (1)

Paved areas intended for pedestrian use, which are located adjacent to alleys or driveways and are not physically separated from the alley or driveway by a barrier such as a fence, wall, bollard or elevated planter or curb which prevent use of the area by any vehicle;

(2)

A recessed window or doorway of less than twenty-four square feet in ground area and less than three feet in any horizontal dimension;

(3)

Any landscaped area less than two five 20feet in width unless located within an elevated planter that is less than eighteen inches in height;

(4)

Public or private rights of way for highways, streets or alleys;

(5)

Roofs that do not meet the provisions of paragraph (f)(1) of this section;

(6)

Parking areas and garages that do not meet the provisions of paragraph (f)(3) of this section;

(7)

Land area with a slope in excess of fifteen percent unless approved as part of a site review;

(8)

Balconies, decks and patio areas attached to a single-family detached dwelling unit which are: (A)

Attached at the same level or below the first floor above grade and where the deck floor exceeds six feet above grade; or

(B)

Constructed over an enclosed building.

9-9-12. Landscaping and Screening Standards. (a)

Purpose: The purpose of the landscaping and screening requirements set forth in this chapter is to:

20

Landscape areas at 2 feet are often unsuccessful and too narrow. This increases the size to 5 feet, which is a typical side yard setback area. Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 15 of 34

Attachment B - Annotated Ordinance

(b)

(1)

Provide minimum requirements for the landscaping of lots and parcels, street frontages, streetscapes and paved areas;

(2)

Provide minimum requirements to ensure the proper installation or cultivation, and maintenance of landscaping materials;

(3)

Promote sustainable landscapes and improve the quality of the environment by enhancing air quality, reducing the amount and rate of stormwater runoff, improving stormwater runoff quality, reducing the spread of noxious weeds, and increasing the capacity for groundwater recharge;

(4)

Minimize the amount of water used for landscaping by promoting water conservation and improving irrigation efficiency;

(5)

Enhance the appearance of both residential and nonresidential areas, and reduce the visual impacts of large expanses of pavement and rock; and

(6)

Minimize impacts between uses both on-site and off-site. Landscaping can improve the compatibility of adjacent land uses and screen undesirable views. The landscaping standards also enhance the streetscape by separating the pedestrian from motor vehicles, auto fumes, and dust, providing shade, attenuating noise, and filtering air, buffering wind, and reducing glare.

(1)

Provide minimum requirements for the landscaping of lots and parcels, street frontages, streetscapes and paved areas to enhance the visual appearance of areas with attractive, colorful year-round color and textured landscapes with a diversity of plant materials, and reduce the visual impacts of large expanses of pavement on all sites;

(2)

Provide minimum requirements for the proper installation of specified plant materials, ensuring minimum levels of quality and quantities, and effective maintenance of landscaping materials for perpetuity or alignment with current landscaping standards;

(3)

Promote sustainable landscapes and improve the quality of the environment. Sustainable landscapes can help accomplish the following: enhance air quality, mitigate the impacts of the urban heat island effect, preserve and protect mature trees to broaden urban tree canopy for cooling, create interconnected pollinator habitats for insects and birds. balance urban vegetation with natural habitat, enhance ecosystem functions, increase biodiversity, ensure healthy soils with moisture retention for plant health, reduce the amount and rate of stormwater runoff, improve stormwater runoff quality, reduce the spread of noxious weeds, and increase the capacity for water absorbency;

(4)

Prevent and deter the spread of wildfire through use of fire resistant and low flammability vegetation, and maintenance practices that may include the removal of high-risk vegetation and avoiding plantings near structures in areas of the city that are at high risk for wildfire spread;

(5)

Minimize the amount of water used for landscaping by promoting water conservation and irrigation efficiency; and

(6)

Minimize impacts between uses both on-site and off-site. Landscaping can improve the compatibility of adjacent land uses and screen undesirable views. The landscaping standards also enhance the streetscape by separating the pedestrian from motor vehicles, auto fumes, and dust, providing shade, attenuating noise, and filtering air, buffering wind, and reducing glare. 21

Scope: This section and Section 9-9-14, "Parking Lot Landscaping Standards," B.R.C. 1981, apply to all nonresidential and residential developments unless expressly stated otherwise.

21

Updates the purpose statement, which hasn’t been updated since 2003, and increases the scope of the regulations to recognize wildfire resiliency, water conservation, and broadening urban tree cover among others. Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 16 of 34

Attachment B - Annotated Ordinance

(1)

The standards in this section, Chapter 8.5, “Wildland Code,” B.R.C. 1981 of Title 10, Structures, and Sections 9-9-13, "Streetscape Design Standards," and 9-9-14, "Parking Lot Landscaping Standards," B.R.C. 1981, the Boulder Approved Tree and Plant List, and the City of Boulder Landscape Manual,22 shall be met prior to a final inspection for any building permit for: (A)

New development for any project that involves development on a vacant lot or parcel, a lot or parcel where a new principal structure is proposed, or the addition of a dwelling unit on a lot or parcel, or 23

(B)

Redevelopment for any project that: i) involving Involves floor area expansion of the total building floor area which exceeds for any use on a lot or parcel where the additions are valued at twenty-five25 percent or more of the value of the existing structure or structures on the lot or parcel and if a residential lot or parcel, has more than three dwelling units, or ii) for any use except a property with three or fewer dwelling units; Involves floor area expansion for a residential lot of less than three dwelling units where the additions are valued at 50 percent or more of the value of the existing structure or structures on a lot or parcel, or ii) Involves no floor area expansion and site improvements exceed 75 percent of the value of the existing structure or structures on the lot or parcel, or

(C)

New development or redevelopment that: i) Iinvolves a land disturbance of more than 50 percent of the existing aggregate landscape area or a disturbance of more than 5,000 square feet on a lot or parcel, whichever is less. For the purposes of this section, a land disturbance includes site grading, new landscaping, surfacing or resurfacing, but excludes footings and foundations for buildings and structures; or ii) Iinvolves the addition of floor area or new structures, including decks, or accessory buildings, on a lot or parcel in the Wildland Urban Interface (WUI) area, where compliance with Chapter 8.5, “Wildland Code,” B.R.C. 1981 of Title 10, Structures, is required. Projects in the WUI are otherwise exempt from the standards of this chapter if a project does not meet any other scope thresholds of this Section 9-9-12(b), B.R.C. 1981. 24 (C) Redevelopment involving the expansion of the total floor area for a property that has three or fewer dwelling units, shall meet the landscaping standards as follows:

22

Adds new references to the tree and plant list and landscape manual and also highlights the need to reference the wildland code, which has landscape related requirements in the Wildland Urban Interface (WUI). 23

Current code does not define “New development”. This updated language specified what counts as new development. 24 The current incremental compliance in the code has been confusing (much like the prior outdoor lighting regulation triggers for compliance). These updates attempt to simplify the thresholds by removing incremental compliance and adjustments the percentages on valuation down to capture more properties in updates. While more landscape plan reviews may be required, this is intentional to try to implement the city’s goals of water conversation, and wildfire resilient, and efficient landscapes in areas of the city that have significant amounts of landscaping. The thresholds also require landscape plans for WUI properties so that compliance with new landscape related WUI requirements can be verified. Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 17 of 34

Attachment B - Annotated Ordinance

(i)

Redevelopment valued at more than twenty-five percent, but less than fifty percent of the value of the existing structure shall require compliance with the street and alley tree requirements and the trash and parking screening requirements;

(ii)

Redevelopment valued at fifty percent or more, but less than seventy-five percent of the value of the existing structure shall require compliance with the street and alley tree requirements and the trash and parking screening requirements and the front yard landscape requirements; and

(iii)

Redevelopment valued at seventy-five percent or more of the value of the existing structure shall require compliance with the landscape regulations.

(D)

Redevelopment exceeding one hundred percent of the value of the existing structure and not involving expansion of the total building floor area; or

(E)

The addition of a dwelling unit.

(FD) For purposes of this paragraph (1), the applicant shall demonstrate the value of the existing structure by submitting, at the discretion of the applicant, either the actual value assessed by the Boulder County Assessor's Office or the fair market value determined by a real estate appraiser licensed in Colorado. (2)

(c)

When additional parking spaces are provided, the provisions of Section 9-9-14, "Parking Lot Landscaping Standards," B.R.C. 1981, shall be applied as follows: (A)

When the number of additional parking spaces that will be provided exceeds twenty-five percent of the number of existing parking spaces on the site, all standards in Section 9-9-14, "Parking Lot Landscaping Standards," B.R.C. 1981, shall be met for the entire parking lot (existing and new portions) prior to the final inspection for a change of use or concurrent with the addition of the parking spaces.

(B)

When the number of additional parking spaces that will be provided is less than twenty five percent of the number of existing parking spaces on the site, the standards in Section 9-9-14, "Parking Lot Landscaping Standards," B.R.C. 1981, shall be met for the new portions of the parking lot prior to the final inspection for a change of use or concurrent with the addition of the parking spaces.

Modifications to the Landscape Standards: The city manager is authorized to modify the standards set forth in this section and Sections 9-9-13, "Streetscape Design Standards," and 9-9-14, "Parking Lot Landscaping Standards," B.R.C. 1981, upon finding that: (1)

The strict application of these standards is not possible due to existing physical conditions;

(2)

The modification is consistent with the purpose of the section; and

(3)

The modification is the minimum modification that would afford relief and would be the least modification of the applicable provisions of this chapter.

The manager shall require that a person requesting a modification supply the information necessary to substantiate the reasons for the requested modification. The details of any action granting modifications will be recorded and entered in the files of the planning department. (d)

Prior Approvals and Turf Replacement or Conversion: Conversion or replacement of turf on a site with a prior approval shall not require a minor modification or amendment to a site review or form-based code review, provided that: (1)

Overall landscaped area and quantities are maintained, including preservation of existing trees, and

Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 18 of 34

Attachment B - Annotated Ordinance

(2)

The turf conversion or replacement is consistent with all applicable standards in the Boulder Approved Tree and Plant List and City of Boulder Landscape Manual.25

(de) General Landscaping and Screening Requirements: (1)

Landscaping Plan: A landscaping plan designed in accordance with this section, Chapter 8.5, “Wildland Code,” B.R.C. 1981 of Title 10, Structures, and Sections 9-9-13, "Streetscape Design Standards," and 99-14, "Parking Lot Landscaping Standards," B.R.C. 1981, and the Boulder Approved Tree and Plant List, and the City of Boulder Landscape Manual, shall be provided for all developments. The site plan shall include the following: (A)

A site plan with a north arrow showing the major details of the proposed landscaping and irrigation, prepared on a scale not less than one inch equals thirty feet providing sufficient detail to evaluate the features of the landscaping and irrigation required by this section and Sections 99-13, "Streetscape Design Standards," and 9-9-14, "Parking Lot Landscaping Standards," B.R.C. 1981;

(B)

The location of property lines and adjacent streets, the zoning and use of adjacent properties, the existing and proposed locations of all buildings, sidewalks and curb cuts, bike paths and pedestrian walkways, drive aisles and curb islands, utilities, and easements, and the existing location, size, and type of all trees one and one-half inch caliper or greater;

(C)

The location of existing and proposed parking lots, including the layout of parking spaces and interior and perimeter parking lot landscaped areas, and the dimensions and total area (in square feet) for each interior parking lot landscaped area;

(D)

The location, design, and materials of all other landscaped areas, including, without limitation, planting strips along all streets, earth berms, retaining walls, fences, water features, benches, trash enclosures, lights, and paved areas. Where fencing is used for required screening, a scaled drawing of the fence elevation must be included;

(E)

The locations of all proposed plant material, drawn at the size the materials will be within five years of initial planting;

(F)

The locations of all proposed planting of all ground surfaces. Grass surfaces must be identified as sod or seed with the blend or mix specified;

(G)

The botanical and common names and sizes of all plant material consistent with the Boulder Approved Tree and Plant List; 26

(H)

Location and dimensions of sight distance triangles at all intersections of streets and curb cuts;

(I)

Location and type of irrigation and of plant groupings by water use zone;

(J)

A chart comparing the landscaping requirements of Sections 9-9-13, "Streetscape Design Standards," and 9-9-14, "Parking Lot Landscaping Standards," B.R.C. 1981, to the proposed materials, including, without limitation, the following information: total lot size (in square feet), total parking lot size, including all drives and driveways (in square feet), total number of parking stalls required and the total provided, total interior parking lot landscaped area required and the

25

This section makes it clear that projects that received prior approvals through Planned Unit Developments (PUDs) or Site Reviews or Form-Based Code Reviews would not require amendments or modifications to make changes to landscaping that maintain the quality and extent, if the changes they are proposing are consistent with the goals of this section and the landscape manual. Requiring amendments could be a deterrent to turf conversations to save water or plant more low flammability plants, so this section would not require such reviews. 26 Necessary reference to the tree and plant list. Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 19 of 34

Attachment B - Annotated Ordinance

total provided, total perimeter parking lot landscaping required and total provided, total number of street trees required and the total provided, and total quantity of plant material required and the total provided; (K)

The location, size, and species of all existing trees on the property and within the landscape setbacks of all properties adjacent to the development site; and

(L)

The landscaping plan shall consider and attempt to avoid shading of new trees onto a solar zone required under the 2017 City of Boulder Energy Conservation Code.

(L)

Landscaping plans for properties including non-residential uses or any residential properties greater than one acre shall be prepared by a landscape architect licensed in the state of Colorado.27

(M) A statement or summary of how the landscaping complies with the standards of this section, Chapter 8.5, “Wildland Code,” B.R.C. 1981 of Title 10, Structures, Sections 9-9-13, "Streetscape Design Standards," 9-9-14, "Parking Lot Landscaping Standards," B.R.C. 1981, the Boulder Approved Tree and Plant List, and the City of Boulder Landscape Manual. 28 (2)

Landscape and Screening Planting, Maintenance, and Replacement: The property owner shall maintain all required landscaping and provide for replacement of plant materials that have died or have otherwise been damaged or removed, and maintenance of all non-live landscaping materials, including, but not limited to, fencing, paving, irrigation systems, and retaining walls from the issuance of a certificate of occupancy or certificate of completion. (i)

Planting: Required landscaping and screening shall be planted between March 1 and October 15. Bare root stock shall be planted between March 1 and April 30 or prior to plants leafing out. Stock, other than container-grown stock, shall be planted between March 1 and June 1 or between September 1 and October 15. The city manager may approve planting at different times based on weather conditions that allow for successful planting.

(ii)

Maintenance and Replacement: The property owner shall maintain all required landscaping and provide for replacement of plant materials that have died or have otherwise been damaged or removed, and maintenance of all non-live landscaping materials, including, but not limited to, fencing, paving, irrigation systems, and retaining walls from the issuance of a certificate of occupancy or certificate of completion.

(3)

Open Space: Required useable open space shall meet the provisions of this section and Sections 9-7-1, "Schedule of Form and Bulk Standards," and 9-9-11, "Useable Open Space," B.R.C. 1981.

(4)

Pedestrian Access: In all zones except A, P, RR, RE, RL, and RM, paved pedestrian walkways, a minimum of three feet in width, shall be provided as follows:

(5)

(A)

Between at least one building entrance and the sidewalk adjacent to the street;

(B)

Between the parking lot and the entrance to any buildings larger than 10,000 square feet in size.

Screening of Trash Collection and Recycling Areas, Service Areas, and Loading Areas: In nonresidential and multi-unit residential developments, trash collection and recycling areas, service areas, and loading areas shall be screened on all sides so that no portion of such areas are visible from public streets and

27

Having licensed landscape architects prepare plans is a best practice. To avoid the added cost to many properties, a minimum one acre threshold for this requirement is proposed so that only the larger projects are required to have a licensed landscape architect. 28 This requirement is intended to affirm that preparer of plans have taken the city policies on water conversation and importance of designing for wildfire safety into account. Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 20 of 34

Attachment B - Annotated Ordinance

alleys and adjacent properties. Required screening may include new and existing plantings, walls, fences, screen panels, doors, topographic changes, buildings, horizontal separation, or any combination thereof. (6)

Outdoor Service Yards and Storage Areas: Service yards and outdoor storage areas in commercial and industrial areas shall be screened from public areas, streets, alleys, and adjacent areas through the use of one or more of the following: walls, fencing, or plantings.

(7)

Setbacks: All setbacks adjacent to a street shall be landscaped in accordance with the standards set forth in Section 9-9-13, "Streetscape Design Standards," B.R.C. 1981, including, without limitation, that area between the property line and the edge of the pavement or curb of the adjacent street.

(8)

Minimum Overall Site Landscaping: In all zones except A, P, RR, RE, RL and RM, one tree and five shrubs are planted for each 1,500 square feet of lot area not covered by a building or required parking.

(9)

MaterialsBoulder Approved Tree and Plant List: All material required in a landscaped area shall be live plant material, except as approved by the city manager to provide attractive screening, plazas, or pedestrian access. Plant materials shall be selected from the Boulder Approved Tree and Plant List and 29 planted in sufficient quantity to completely cover within five years of initial planting, all landscaped areas, including temporary mulched areas, and under trees. Within the Wildland Urban Interface (WUI), a reduced plant density is permissible to deter wildfire spread. 30

(10) City of Boulder Landscape Manual: All planting and irrigation areas shall be designed, installed and maintained according to the City of Boulder Landscape Manual. (11) Wildland Urban Interface (WUI) Compliance for Landscaping: Landscaping on a lot or parcel within the Wildland Urban Interface (WUI) shall comply with the requirements of Chapter 8.5, “Wildland Code,” B.R.C. 1981 of Title 10, Structures. 31 (10) Mulches: (A)

Temporary mulches are required in all shrub, tree, and perennial planting beds until full plant coverage is achieved. Organic mulches include wood and bark chips, straw, grass clippings, and seed hulls. Inorganic or inert mulches include weed-barrier fabrics, gravel, and rock.

(B)

Non-living materials such as bark or rocks shall only be used as temporary mulch until full plant coverage is achieved, or as permanent mulch under shrubs if specifically approved as part of a final landscape plan.

(C)

Rocks larger than three inches in diameter shall not be used in the public right-of-way or adjacent to sidewalks, and shall be used only upon approval of the city manager as a decorative feature. Rock mulches shall not be used in landscaped areas on the south, west, or southwest-facing sides of buildings or in interior parking lot landscaped areas except under the following conditions: (i)

All plants within the rock mulched area are from very low, low, or moderate water use zones and spaced to fill the beds within three years of initial planting; or

(ii)

Rock is used as a specific ornamental feature in a limited area or as a pedestrian path.

29

Adds new references to the tree and plant list and landscape manual and also highlights the need to reference the wildland code, which has landscape related requirements in the Wildland Urban Interface (WUI). 30

This sentence is added to recognize the need for a different approach in WUI areas to deter wildfire spread, which could be exacerbated by dense plantings. 31 Alerts users to the wildland code which applies specific landscaping related requirements in the WUI. Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 21 of 34

Attachment B - Annotated Ordinance

(11) Minimum Plant Sizes: All materials planted under the provisions of this title shall meet the following requirements: (A)

Deciduous trees are at least two-inch caliper measured six inches above the ground, except ornamental and flowering trees, including, without limitation, the trees identified as "small maturing trees" on the approved street tree list in Section 3.03-1, City of Boulder Design and Construction Standards, that are at least one and one-half inch caliper measured six inches above the ground;

(B)

Evergreens are at least five feet tall; and

(C)

Shrubs are five-gallon container size.

(12 )Grading Standards for New Earth Berms: Berms adjacent to paved surfaces shall be graded to capture all irrigation runoff or to convey it to an appropriate water quality design feature as described in the Urban Storm Drainage Criteria Manual, Vol. 3 (Urban Drainage and Flood Control District, Denver, Colorado). (13) Soil Preparation and Planting Specifications: Site preparation and all planting shall be completed, at a minimum, in accordance with the City of Boulder Design and Construction Standards. Site preparation in any development shall include tilling the soil to a minimum depth of six inches below the finished grade, together with soil amendments, including, without limitation, compost, manure, or peat, that are appropriate to ensure the health and sustainability of the landscaping to be planted. (14) Water Conservation: Landscaping shall be designed to conserve water through application of all Xeriscape™ landscaping principles. Xeriscape™ landscaping principles do not include artificial turf or plants, mulched or gravel beds, or areas without landscape plant material, bare ground, weed-covered or infested surfaces, paving of areas not required for pedestrian access, plazas, or parking lots, or any landscaping that does not comply with the standards of this section. Xeriscape™ landscaping principles include: (A)

Planning and design that ensures water-conserving techniques are coordinated and implemented in the landscape;

(B)

Grouping plants with similar water and cultural requirements (such as sun and climate) together in the same water use zones and on the same irrigation zones;

(C)

Limiting the use of high water use turf grass and plantings to high-use areas with high visibility or functional needs;

(D)

Use of efficient irrigation systems;

(E)

Use of mulches;

(F)

Improving soils to allow better water absorption and proper drainage; and

(G)

Continued maintenance, including weeding, pruning, fertilizing, pest control, and irrigation maintenance.

(15) Xeriscape™ Landscape Standards: The following Xeriscape™ landscape standards shall apply to all required landscaped areas: (A)

Plants from the same water use zone shall be grouped together on the same irrigation zones. Water use zones shall be consistent with the Waterwise Plant List as shown in the City of Boulder, Landscape Requirements for Streetscape, Parking Lots, and All Other Developments or based on other lists which meet the same criteria for water use and adaptability if approved by the city manager;

Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 22 of 34

Attachment B - Annotated Ordinance

(B)

The total amount of high water use zones on a property shall not exceed fifty percent of the total landscaped area. The total amount of high water use turf grass shall not exceed twenty-five percent of the total landscaped area. Turf grass areas designated for high use or a specific recreational use shall be excluded from the total landscaped area under this requirement. Trees in tree grates shall also be excluded from the total landscaped area under this requirement;

(C)

The use of high-irrigation turf and plantings shall be limited to high-use areas with high visibility or functional needs;

(D)

High water use turf grass shall not be used in landscaped areas with any one dimension less than ten feet in width unless drip, subsurface, or low-volume irrigation is used in that area;

(E)

Very low and low water use zone plants and turf grass shall be used to the extent practicable;

(F)

Plants or turf grass from a high water use zone shall not be planted on slopes or berms at a 4:1 slope or greater.

(16) Irrigation: The following standards shall apply to irrigation systems for required landscaped areas: (A) All landscaped areas, including, but not limited to, trees in tree pits, raised planters, planting in the public right-of-way, and all landscaping required in this chapter, shall be irrigated with a permanent, automatic irrigation system designed to provide efficient irrigation coverage with minimal overspray onto non-landscaped areas. (B)

The city manager may approve the use of temporary irrigation systems if all plant material is from the very low or low water use zones.

(C)

Low-volume, drip, or subsurface irrigation systems shall be used in the following conditions: (i)

In landscaped areas where any one dimension is less than six feet in width and surrounded by impervious surfaces;

(ii)

In all non-turf grass areas.

(D)

Trees shall be zoned separately from turf grass when located in a low or very low water use zone.

(E)

A soil moisture sensing device or other irrigation management system shall be required for irrigation systems in turf areas.

(F)

The landscape plan shall indicate the nature, location, and specifications of the irrigation system which shall be used. Separate irrigation circuits should be specified for different zones on the landscape plan. The landscape plan shall have sufficient detail to show that adequate irrigation will be provided to all required landscape areas and plant materials.

(G)

The irrigation system shall be designed to correlate to the organization of plants into zones with similar watering requirements.

(H)

Irrigation systems shall be designed to maximize efficient water use and minimize the waste of water.

(17) Noxious Weeds: All landscape plans must comply with the current state weed and nursery lists. (18) Tree Protection: All existing trees six inches or more in caliper and located in any development in the required setback or on the property line shall be protected from construction impacts, unless the tree is a noxious weed. Trees over six inches in caliper shall be protected from construction impacts within

Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 23 of 34

Attachment B - Annotated Ordinance

the drip line of the tree in a manner that is consistent with the City of Boulder Design and Construction Standards' tree protection for construction site standards. 32 (f) City Manager Authorized to Issue Rules. The city manager is authorized to adopt rules necessary for the implementation and interpretation of this chapter under the procedures of Chapter 1-4, "Rulemaking," B.R.C. 1981. Such rules may address, without limitation, the following documents to implement the requirements of this chapter: (1)

The Boulder Approved Tree and Plant List, and

(2)

The City of Boulder Landscape Manual. 33

(g) Compliance Required. No person shall fail to comply with the requirements of this section or any rule issued by the city manager under this section. (19h) Final Inspection: Labels that identify the botanical or common name of the plant material shall be on all trees at the time of final inspection. 9-9-13. Streetscape Design Standards. Streetscape improvements shall be designed in accordance with the following standards: (a)

Scope: The standards set forth in this section apply to all land uses, including detached dwelling units.

(b)

Street Trees: A planting strip consisting of deciduous trees shall be planted along the full length of all public and private streets in all zoning districts. When possible, trees shall be planted in the public right-of-way. Large deciduous trees and detached sidewalks are required wherever possible and shall be planted at a minimum, of one tree for every forty linear feet of public right-of-way and otherwise 34 in accordance with subsection (d) of this section.

(c)

Alley Trees: Except for existing lots with a detached dwelling unit, along all alleys adjacent to or within a residential zone, trees shall be planted at an overall average of one tree per forty linear feet within ten feet of the pavement or edge of alley. The city manager may waive this requirement if the applicant demonstrates that the planting conflicts with or may be detrimental to a structure over 50 years old that is eligible of preservation pursuant to Chapter 11, “Historic Preservation,” B.R.C. 1981. 35

(d)

Streetscape Requirements: Street trees must be selected from the Boulder Approved Tree and Plant List selected from the approved street tree list set forth in the City of Boulder Design and Construction Standards, unless an equivalent tree selection is approved by the city manager. Table 9-10 of this section sets the minimum planting interval for street and alley trees. The specific spacing for each development is dependent upon tree type (for a list of tree species in each type, see Approved Street Tree List, in the City of Boulder Design and Construction Standards) and existing conditions as identified in this section or an equivalent approved by the city manager. TABLE 9-10: STREETSCAPE REQUIREMENTS Existing or Approved Condition

Required Planting

32

Most technical requirements are proposed for removal from the land use code and be added to the landscape manual, that can be adopted and updated on a more regulator basis to keep it up to date with landscaping needs and best practices. 33 This section specifies the city manager rules necessary to allow updates to the tree and plant list and landscape manual outside of the typical ordinance adoption process. 34 Reflects current best practices for tree coverage in streetscapes. 35 Enables some flexibility so that impact to historic resources can be reduced from this requirement. Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 24 of 34

Attachment B - Annotated Ordinance

Sidewalk Condition

Planting Strip Width

Utility Location

Tree Type

Detached

Up to and including 8 feet or more

Buried

Large

Overhead

Small

Buried

Medium

Overhead

Small

Buried

Small

Overhead

Small

Buried

Large

Overhead

Small

Buried

Large

Overhead

Medium

More than 6 feet to 8 feet

4 feet—6 feet: This planting strip width is less than desirable

Attached

Urban sidewalk of 12 feet or wider (BMS, BR1, BR-2, and MU3 zoning districts)

Trees must be planted 4 feet—5 feet from the sidewalk. Trees may be planted on private property if there is not adequate right-of-way. Trees must be planted in irrigated tree grates or tree pits unless approved by the city manager. For tree grate dimensions and tree pit volume, see Design and Construction Standards, Table 3.05-5.

Minimum Tree Planting Interval 30 feet—40 feet 15 feet—20 feet 25 feet—30 feet 15 feet—20 feet 15 feet—20 feet 15 feet—20 feet 30 feet—40 feet 15 feet—20 feet 20 feet—25 feet 15 feet—20 feet

(e)

Understory Planting, Water Conservation, and Irrigation: Except where planted in tree grates, all required street trees in the landscape strip shall be planted together with an irrigated understory planting that will cover the entire planting strip, except for walkways between the street and sidewalk, within five years of the initial plantingwith water conservation measures and irrigation according to the Ccity of Boulder Landscape Manual.

(f)

Special Area Streetscape Plans: In areas of the City where a streetscape plan has been adopted by city council, including, without limitation, downtown, University Hill, North Broadway, and the Boulder Valley Regional Center, landscaping improvements shall be completed in accordance with the adopted streetscape program.

(g)

Water Conservation and Irrigation: All streetscape plantings shall comply with the Water Conservation and Irrigation standards as listed in Paragraphs 9-9-12(d)(14), (d)(15), and (d)(16), B.R.C. 1981. 36

(hg) The street and alley tree installations shall be considered complete if the required trees survive for one year from the issuance of a certificate of occupancy or certificate of completion. The city manager is authorized to require that an applicant provide the financial guarantee consistent with the requirements of Section 9-2-21, "Required Improvements and Financial Guarantees," B.R.C. 1981. The financial guarantee will be released after one year after an inspection that confirms the tree is in good health.

36

This section is proposed to be deleted and folded into subsection (e) above. Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 25 of 34

Attachment B - Annotated Ordinance

9-9-14. Parking Lot Landscaping Standards. (a)

Scope Required: This section shall apply to all surface parking lots with more than five parking spaces. All parking lots shall be screened from the street and adjacent properties and contain interior lot landscaping in accordance with this section. Landscaping and screening standards set forth in this section are separate and in addition to the requirements of all other sections in this chapter unless expressly stated otherwise.

(b)

Screening Parking Lots From The Street: A parking lot screen shall be provided for parking areas adjacent to rights-of-way, in accordance with the following standards: (1)

Minimum Height and Opacity: Parking lot screening may include landscape features such as planter boxes, walls, or hedges in combination with trees and plantings, but must provide a screen a minimum of forty-two inches in height along the full length of the parking lot adjacent to the street. Planted materials must provide a significant screen when fully grown that is at least forty-two inches in height as measured from the base of the sidewalk adjacent to the street, unless the parking lot is higher than the sidewalk, in which case it shall be measured from the base of the parking lot adjacent to the street. Fences shall be no taller than forty-eight inches in height.

(2)

Minimum Width: The parking lot screen shall have a minimum width as follows: (A)

In all zones except the DT, BMS, IMS, and MU-3, and MU-4 zones, the minimum width of a parking screen shall be the same as the applicable minimum front or side yard setback requirement for the zone district in which the parking area is located, except that it must not be less than five feet in zone districts having smaller minimum front or side yard setback requirements.

(B)

In the DT, BMS, IMS, and MU-3, and MU-437 zones, the parking lot screening requirement can be met by any one of the following: (i)

A planting area with a minimum of a six foot width between the sidewalk and the parking lot, planted with shrubs having a mature height no lower than forty-two inches in height;

(ii)

A fence, hedge, or wall meeting the requirements of Section 9-9-15, "Fences and Walls," B.R.C. 1981, and of a height no lower than forty-two inches and fences and walls shall be no taller than forty-eight inches as measured from the base of the parking lot adjacent to the street; and

(iii)

Another method, if approved by the city manager, that forms a significant screen a minimum of forty-two inches in height and a maximum of forty-eight inches in height, for the full length of the parking lot adjacent to the street.

9-9-15. Fences and Walls. (a)

Purpose: The purpose of this section is to: (1)

Rregulate the installation of fences, hedges, and walls to provide safety and security as well as visual barriers, while minimizing the impacts that result from fence location and height, and

(2)

Prevent and deter the spread of wildfire through use of fire-resistant materials near structures in areas of the city that are at high risk for wildfire spread.38

37

MU-4 was not created at the time this section was oringally drafted. As it is a similar context as the other zones (e.g., typically urban, walkable areas), it is proposed here for inclusion. 38 Updates the purpose section to recognize current fire science that notes the dangers that many wood fences present in wildfire prone areas and alerts users to the wildland code that applies in the WUI. Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 26 of 34

Attachment B - Annotated Ordinance

A fence, hedge, or wall, which includes retaining walls, columns, posts, piers, or similar structures, or any combination of such structures, is permitted if it meets the standards of this section, in addition to the requirements of Section 9-9-7, "Sight Triangles," B.R.C 1981, and Chapter 10-5, "Building Code," B.R.C 1981. (b)

Location Standards: A fence, hedge, or wall, which includes retaining walls, columns, posts, piers, or similar structures, or any combination of such structures, is permitted if it meets the standards of this section, in addition to the requirements of Section 9-9-7, "Sight Triangles," B.R.C 1981, and Chapter 10-5, "Building Code," B.R.C 1981. 39 A fence, hedge, or wall is permitted if it meets the following conditions: (1)

Location on Property: No fence, hedge, or wall shall extend beyond or across a property line, unless an agreement with the abutting property owner is obtained; and

(2)

Location Near Sidewalks: No fence or wall is placed nearer than eighteen inches to any public sidewalk.

Figure 9-10: Height of Fence, Wall, Hedge, or Combination Thereof

Figure 9-11: Fences on Berms or Mounds

39

Since this current language is location related, it is proposed to be moved down to these “Locational Standards.” Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 27 of 34

Attachment B - Annotated Ordinance

Figure 9-12: Exception - Fences on Retaining Walls

Figure 9-13: Exception - Fences or Walls Located on Within Three Feet of a Property Line (requires abutting owners' permission)

Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 28 of 34

Attachment B - Annotated Ordinance

(c)

Height Standards: A maximum of seven feet in height is permitted for any individual fence, wall, hedge, or any combination thereof located within three feet of each other and located on the same property (see Figure 9-10), except as otherwise permitted by this section. (1)

(2)

(d)

40

Measurement of Height: (A)

General: The height of a fence, wall, or hedge shall be measured from the finished grade directly beneath it to the tallest element of the fence, wall, or hedge (see Figure 9-10).

(B)

Fences on Berms or Mounds: A fence, wall, or hedge located on a berm or mound shall include the height of the berm or mound above natural grade located directly beneath the fence in the overall height measurement (see Figure 9-11).

(C)

Modifications of Grade Not Permitted: No person shall modify the grade for the purpose of increasing the permitted height of a fence, wall, or hedge. If there is evidence that a modification to the grade has occurred which results in lowering or increasing the height measurement, the city manager may consider any information to determine the unaltered grade. The manager will use this information to determine the appropriate maximum height of the fence or wall, which shall be the functionally equivalent height if such changes to the grade had not been made.

Exceptions: (A)

Fences on Retaining Walls: For the purposes of complying with applicable codes for safety, a fence or guard not exceeding forty-two inches in height may be placed on or within three feet of a retaining wall regardless of the combined fence and retaining wall height, provided the fence and retaining wall are located on the same property (see Figure 9-12).

(B)

Fences and Walls Located on or within Three Feet of a Property Line: A fence, wall, hedge, or any combination thereof located within three feet of each other and located on or within three feet of a property line, may be permitted up to a maximum of twelve feet in height, provided that the abutting property owners are in joint agreement and the height does not exceed seven feet when measured from the highest evaluation elevation 40of grade within three feet of either side of the property line. In no event shall such a fence, wall, hedge, or combination thereof exceed twelve feet in height (see Figure 9-13).

(C)

Athletic facilities: Fencing around athletic facilities, including, without limitation, tennis courts, may be ten feet in height so long as all portions above seven feet are constructed with at least fifty percent non-opaque materials.

(D)

Noise Barriers Along Major Streets: Along any of the major roads shown in Appendix A, "Major Streets," of this title, a fence or wall over seven feet in height may be approved by the city manager as part of a comprehensive noise barrier system.

(E)

Garden Arbors and Trellises: Garden arbors and trellises attached to a fence or wall are not subject to the standards of this section, but are subject to the accessory structure standards in Table 7-1 of Section 9-7-1, "Schedule of Form and Bulk Standards," and Section 9-7-3," Setbacks Encroachments," B.R.C. 1981.

(F)

Temporary Fences: A temporary fence on a construction site may be as high as required to protect the property during the period of construction.

Electric or Barbed Wire Fences: No barbed wire or other sharp, pointed, or electrically charged fence may be erected or maintained except as follows:

Prior error with wrong word now fixed. Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 29 of 34

Attachment B - Annotated Ordinance

(e)

(1)

Temporary Construction Fences: A temporary fence on a site to protect the property during the period of construction which has an active building permit may be topped with barbed wire where the barbed wire is not less than eight feet above the ground and does not extend more than two feet above the temporary fence;

(2)

Fences to Contain Livestock: In the A district, a barbed wire or electrically charged fence may be permitted provided it is used as an internal fence, not on the periphery of the property, to contain livestock;

(3)

Location of Electric Fences: Electric fences may be permitted in the A district when used as an internal fence not on the periphery of the property to contain livestock, and in the A, RR, RE, and RL districts, as an internal fence not on the periphery of the property to protect crops and plantings. No person shall maintain an electric fence without a fence permit. All such electric fencing must meet the following requirements: (A)

Controllers are approved by Underwriters Laboratories and so designated on an attached label;

(B)

Electric fencing may not be located within five feet of the periphery of the property and must be located interior to a nonelectric fence which completely encloses the yard;

(C)

Electric fencing may not be located in a landscaped setback nor in a required sight triangle, as prescribed in Section 9-9-7, "Sight Triangles," B.R.C. 1981;

(D)

Electric fencing may not inhibit access by emergency equipment and operators thereof; and

(4)

Location of Barb Wire Fences: In the B, IM, IG, IS, and P districts, a fence or wall set back at least twelve feet from the property line may have barbed wire if it is not less than eight feet above the ground and does not extend more than two feet above the fence or wall, notwithstanding the requirements of subsection (c) of this section.

(5)

Wildland Urban Interface (WUI) Compliance for Fences and Walls: Newly constructed fences and walls of any height, including gates or arbors, that are on a lot or parcel within the Wildland Urban Interface (WUI) area shall comply with the requirements of Chapter 8.5, “Wildland Code,” B.R.C. 1981 of Title 10, Structures. 41

Variances and Interpretations: The requirements of this section may be varied by the city manager subject to the provisions of Subsection 9-9-7(e), and Section 9-2-3, "Variances and Interpretations," B.R.C. 1981. Decisions by the city manager may be appealed to the BOZA.

9-16-1. Definitions … Hydrozone means a portion of the irrigated landscaped area having plants with similar water needs. Each irrigated hydrozone is served by a valve or set of valves with the same irrigation schedule. …

41

Alerts users to the wildland code which applies specific landscaping related requirements in the WUI.

Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 30 of 34

Attachment B - Annotated Ordinance

Landscaping means materials, including, without limitation, grass, ground cover, shrubs, vines, hedges, or trees, and nonliving natural materials commonly used in landscape development as well as attendant irrigation systems.42 Landscaped area means any land set apartallocated for planting grass, shrubs, trees, or similar livingliving landscape planting materials, and also including, without limitation, hardscaped areas such as land in an arcade, plazas, patios, seating areas, courtyards, or pedestrian areapathways, designed to be integrated with the landscaping, and of which fences and walls may be a part., but excluding building footprints, driveways, vehicular circulation, non-irrigated portions of parking lots, and decks. 43 … Noncombustible zone means a five-foot area around a building or other structure having no vegetation and no combustible material. This definition has the same meaning as in Chapter 8.5, “Wildland Code,” B.R.C. 1981 of Title 10, Structures. 44 Noxious weed means an alien plant or part of an alien plant that has been designated by Colorado state regulations as being a state Noxious Weed. a plant or parts of a plant that have been designated by rule as being noxious or has been declared a noxious weed designated by Colorado state regulations as being a state noxious weed, and meets one or more of the following criteria: (a) Aggressively invades or is detrimental to economic crops or native plant communities; (b) Is poisonous to livestock; (c) Is a carrier of detrimental insects, diseases, or parasites; (d) The direct or indirect effect of the presence of this plant is detrimental to the environmentally sound management of natural or agricultural ecosystems45

… Planting strip means a linear strip of land in a streetscape, or planting area buffering from an adjacent use that is planted with landscaping consistent with Section 9-9-12, “Landscaping and Screening Standards,” B.R.C. 1981, the Ccity of Boulder Landscape Manual, and the Boulder Approved Tree and Plant List. 46 … Setback, landscaped means the minimum distance in linear feet measured on a horizontal plane between the outer perimeter of a structure, above and below grade, and its lot lines that is intended to be used exclusively for landscaping purposes.

42

This definition is updated to be consistent with another ‘landscaping’ definition in Title 8, Parks, Open Spaces, Streets, and Public Ways. 43 Proposed update to ‘landscape area’ for additional clarity on what features are included in such areas. 44 Adds definition to land use code, which is consistent with the definition in the wildland code. 45 Includes state definition in the code. 46 Adds new definition to land use code for clarity. Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 31 of 34

Attachment B - Annotated Ordinance

Shrub means a self-supporting deciduous or evergreen woody plant normally branched near the base, bushymultistemmed, and normally less than fifteen feet in height at maturity as grown in Boulder County. … Understory planting means the plant materials such as turf, ornamental grasses, perennials, ground cover, or lowgrowing shrubs that cover the ground area under a tree in a landscaped area. … ,,, Water use zone means a portion of a landscaped area having plants with similar water needs that are either not irrigated or irrigated by a circuit with the same schedule. 47 … XeriscapeTM means the application of a set of landscaping principles that in concert promote water conservation. XeriscapeTM was trademarked by the Denver Water Board in 1981

10-8.5-2. Adoption of the International Wildland-Urban Interface Code With Modifications. (a)

The 2024 edition of the International Wildland-Urban Interface Code of the International Code Council is adopted by reference as the City of Boulder Wildland Code and has the same force and effect as though fully set forth in this chapter, except as specifically amended by the provisions of this chapter.

(b)

Appendix B, "Vegetation Management Plan," and Appendix C, "Fire Hazard Severity Form," and sections contained therein are adopted.

(c)

Section 101.1, “Title,” is repealed and reenacted to read: 101.1 Title. These regulations shall be known as the City of Boulder Wildland Code or Wildland Code or wildland code, hereinafter referred to as “this code.”

… 603.2 Fuel modification. New bBuildings and new structures constructed in compliance with the conforming defensible space category (moderate hazard, high hazard, or extreme hazard) as identified within the wildland urban interface area by the code official shall comply with the applicable fuel modification distance established in Table 603.2 or with fuel modification to the lot line, whichever is less. The distances specified in Table 603.2 shall be measured on a horizontal plane from the perimeter or projection of the building or structure as shown in Figure 603.2. … 603.2.4 Noncombustible Zone. All new buildings with habitable space and all new

47

This definition is updated to be ‘hydrozones’, a more common contemporary term. Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 32 of 34

Attachment B - Annotated Ordinance

structures shall have a noncombustible zone. Additions that are 200 square feet in floor area or greater shall have a noncombustible zone around the addition. New decks and expansions of decks shall have a noncombustible zone around the deck.48 … 603.2.5 Fuels planted within defensible space. In areas identified for Class 1 or Class 2 ignition-resistant construction on the wildland-urban interface area mapping, fuels planted within the defensible space, in the area that is between 5 feet (1.5 m) from the building or structure and the property lot line, but not to exceed 30 feet (9.1 m) in width, shall be low-flammability plants with a rating score between 7.5 and 10 as identified by the Colorado State Forest Service. 603.2.5 Fuels planted within defensible space. For all new buildings with habitable space and all new structures, within the defensible space, in the area between 5 feet (1.5 m) from the building or structure and the property lot line, but not to exceed 30 feet (9.1 m) in width, all plants shall be lowflammability plants that are approved for the wildland-urban interface area per the Boulder Approved Tree and Plant List. Existing plants not meeting this requirement shall be removed within the defensible space. For additions 200 square feet in floor area or greater, new decks, and expansions to a deck, all new plants within the area that is between 5 feet (1.5 m) from the addition or deck and the property lot line, but not to exceed 30 feet (9.1 m) in width, shall be low-flammability plants that are approved for the wildland-urban interface area per the Boulder Approved Tree and Plant List, and existing plants are not required to be removed. 49

11-1-25.5 - Duty to Avoid Waste of Water and to Maintain Service Lines and Fixtures. (a) No owner of property connected to the water utility shall fail to keep all pipes, fixtures and appliances on the property tight and in good working order so as to prevent waste of water. (b) No owner of any property connected to the water utility shall fail to maintain the water service line from the meter pit to the structure being served and to keep the line in good condition at the owner's expense. (c) It shall be unlawful for any person to cause or allow the application of city water to waste upon property under their ownership or control or allow the excessive runoff or pooling of city water from, upon, or adjacent to property under their ownership or control. (d) It shall be unlawful to wash motor vehicles, trailers, boats and other types of equipment with a hose that lacks a shut-off nozzle.

48

Clarifies existing code language to note when the combustible zone is required for smaller scale projects. Clarifies existing code language to note that all new plantings associated with building permits are required to be consistent with the tree and plant list and when existing plantings that are not considered low flammability or not permitted in the WUI would need to be removed. The section notes that smaller scale projects (less than 200 square feet) would not require any vegetation removal. 49

Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 33 of 34

Attachment B - Annotated Ordinance

(e) It shall be unlawful to use water to clean outdoor impervious surfaces such as sidewalks, driveways and patios, except when cleaning with water is necessary for public health or safety reasons or when other cleaning methods are impractical or inappropriate. (fd) It is a presumptive waste of water under this section if a customer exceeds a water budget designated by the city manager, including an adjusted or reduced water budget in the event of a drought declaration. (g) Water applied to landscaping shall be done so in accordance with the City of Boulder Landscape Manual, as the same may be amended, and all applicable all city manager rules. (h) Variances. The city manager may, in the city manager's discretion, grant variances from the water use limitations pursuant to this section for individual water customers if the city manager finds that compliance will cause an undue hardship such as extreme economic impacts, health and safety considerations, or religious objections. If the city manager grants a variance, the city manager shall prescribe such reasonable conditions or requirements as are necessary to minimize adverse impacts to the city's water supply and effects upon the community. Violation of any term or condition of an exemption may result in the variance being revoked. 50

50

Reflects recognized best practices in water use. Links the existing code section to the landscape manual, and adds necessary flexibility to this section . Created: 2024-12-20 14:02:59 [EST]

(Supp. No. 161, Update 4) Page 34 of 34