Abbey, D.G. Buck. U.S.
Landscape Ordinances, John Wiley, NYNY, 1998.
Abbey’s study is the most current and most complete
study of landscape codes and standards currently in print. The book surveys ordinances from across the
country, sets forth some of the known history of landscape codes and presents
an outline model code that could be adapted by communities everywhere. Abbey’s 1998 study of over three hundred and fifty
landscape laws, in two hundred and ninety-nine communities, in forty-one states
has defined the most common landscape design components and technical standards
in use across America. The structure of the recommended model code is presented
and the three main articles describe in detail the context, technical
requirements and administrative procedures that make landscape laws work. The book is well illustrated with diagrams,
drawings and code excerpts to make the discussion lively, technically
informative and place sensitive.
The book describes in detail the known vocabulary of
this particular type of landscape law. Contacts to communities who have adopted
landscape laws are detailed in one of the several appendices included in the
book.
Many of the ideas and
concepts of this presentation are documented in more detail in Abbey’s book
that was published by John Wiley & Sons, Inc. The book which may be ordered
direct from John Wiley Publishers at www.wiley.com
or from The American Planning Association Book Service, www.bookservice@planning.org.
or from Amazon.Com at www.amazon.com.
Abbey, D.G.. Guide
To Writing A Landscape Ordinances, Louisiana Nursery and Landscape
Association, Baton Rouge, Louisiana, 1987.
This is an early study of
landscape codes that put together a model outline that could be used by any
community wishing to draft a community landscape ordinance. The study was based
on codes in effect at the time in the State of Florida with emphasis on a code
developed by the South Florida Water Management District. The real contribution
of this work is how it structures landscape codes. Where most codes are writing in a rambling disjointed style, this
model simplifies the outline in to three main articles consisting of fourteen
(14) sections and many subsections. The three articles include context,
technical requirements and administrative procedures. The fourteen sections include short title, purpose-intent and
definitions, applicability, land clearing, site and landscape design standards,
maintenance, landscape plan required, alternative compliance, permit
application, enforcement-penalty and appeals, administrative guidelines,
conflicts, severability and effective date.
The document sets a structure
for developing landscape codes that is readable, thorough and complete. Since
this model was written, a lot of work has gone into tree preservation, water
efficient landscaping and on site storm water management strategies much of
which is not included in this model, but could be easily updated within the
articles provide.
Bernhardt, E., Swiecki, T. Guidelines for Developing and Evaluating Tree Ordinances,
California Department of Forestry, Sacramento, CA, 1991.
Swiecki surveys tree
management and preservation ordinances to establish common ordinance provisions
and to out line a process where by a community could craft a ‘ tree
preservation ordinance consistent with their own particular needs.’ The paper
sets forth typical tree ordinance components found the ordinances that were
surveyed. Swiecki finds that most tree ordinances are crafted around several
main articles including scope, plan
review, implementation and enforcement.
Sections of most typical tree ordinances found in the survey include
title, findings, purpose, jurisdiction, policies, governmental liability, public
interference, definitions, appeal, penalty, enforcement, evaluation,
severability and administrative responsibility.
The study is the only
recent study of the body of laws in regard to tree management. There is some
concern that the ordinances studied were limited, some what dated and
restricted to a local regions. Further
work along this line of research is needed to disclose some of the more
progressive tree ordinance strategies that are measuring results along defined
environmental limits such as canopy coverage, root zone spacing standards,
caliper counts, tree protection measures and planting for specific site
purposes.
Brough, M.. A Unified Development Ordinance, Planners Press, American Planning Association, Chicago, IL. 1985.
This document prepared
by attorney and planning consultant Michael Brough provides a model unified
development ordinance that combines elements of zoning, land use regulation,
subdivision development and building code into one unified and concise planning
document.
One of the interesting
features of this model is the section dealing with landscape design guidelines
and buffer zone planting requirements.
The former presents guidelines for landscape design that can be used to
set technical standards for the design of street yards, buffer yards, open
space plantings, street wall planting zones, vehicular use areas and parking
lot screen.
The buffer yard
guidelines set forth a procedure that allows flexibility based upon site
conditions. Buffer yard design standards offered in A Unified Development
Ordinance suggests alternative buffer yard planting strategies, density
standards, and spatial relationships based upon existing and proposed land
use. This method of “optional buffer
yard design” have been adopted in many communities, perhaps Baton Rouge,
Louisiana being the most noted community to do so.
Duerksen, C., Goebel, M., Aesthetics, Community Character And The Law, American
Planning Association, APA Pass Report no. 489-490.1999.
This document reviews the relationship between design and
municipal law from several different perspectives including design review, view
shed protection, vegetation preservation, billboard imposition, telecommunications
facilities siting and public aesthetics.
For our purposes, Chapter four covers the subject of interest to those
wishing to craft local tree laws. Duerksen amplifies upon his earlier work on
tree law, Tree Conservation Ordinances,
by touching upon key legal issues of tree aesthetics and ownership by pointing
out useful legal methods, strategies and approaches that should be incorporated
into any local code to side step the ‘takings issue’ that becomes central to
any tree protection ordinance covering plant material and vegetation on some
one else’s property. Of particular
interest to this discussion are developer incentives such as landscape credits,
zoning incentives, differential assessment, and land acquisition that are
recommended to strengthen a community’s ability to protect vegetation
resources.
Duerksen, C., Richman, S. Tree Conservation Ordinances, American
Planning Association, APA Pass Report no. 446.1993.
This book is the most recent book that addresses the subject of tree ordinances. Duerksen and Richman discuss the value of trees in urban communities and present a solid argument based upon visual, aesthetic, environmental, health and economic benefits of trees and urban forests. Their argument is centered on quality of life issues and how trees and green spaces in the city add to pleasing urban living.
This discussion continues in Tree Conservation Ordinances
by noting the several legal aspects of tree preservation including enabling
legislation, the “takings” issue, the Rational Nexus test and the legal
relationship of trees to developers, property owners, public agencies and chartered utilities who are often are in
conflict with trees. Legal case law is cited including such seminal tree law
cases as Nollan v. California Coastal Commission, Allingham v City of Seattle
and Miller v. Schoene for example.
Of course, no discussion on legal issues involved with trees
would be complete without some discussion of the politics of tree conservation.
In this book author clearly show what issues are at stake and which
stakeholders are effected by tree legislation. They provide a compelling
argument concerning how to properly prepare for the adoption of a local tree
law. Good tips, procedures and ideas are presented to broker a campaign for
enacting tree preservation legislation at the local level. Steps to be taken
are presented, examples given and pit falls to be avoided are all documented in
this very readable book.
Finally, the best part of Tree Conservation Ordinances
is chapter four where the authors set forth guidelines for the proper drafting
of an ordinance. They give information concerning how to effectively structure
the ordinance and what to point of information cover in the various articles,
sections and sub-sections of the ordinance. Useful background and suggestions
are offered in regard to deciding what to protect and how, tree inventory
methods, tree protection during construction, standards for permits and site
inspections, maintenance, enforcement and administration. Sample definitions
are provided along with a sample Tree Removal and Site Clearing Permit.
Hoefer, P.,
Himelick, E., Devoto, D. Municipal Tree Manual,
Municipal Arborists And Urban Foresters Society and ISA, Urbana, IL. 1990.
This documents is very dated. It is listed here simply
because it was one of the first studies to address the proper crafting of tree
ordinances. At the time this was written, the emphasis in the model was placed
on getting communities to regulate the local arboriculture industry and increase
the competence of professional
arborists. Few communities today craft tree ordinances solely around the work
of arborists.
Martz,
Wendelyn, Morris, Marya. Preparing a Landscape
Ordinance, American Planning Association, APA Pass Report no.
431.1990.
Martz -Morris’s study of landscape codes is one of the first
documents ever published on the subject of landscape ordinances. In this APA
Planning Advisory Service report Martz-Morris discusses the basic need for site
development ordinances to solve land use problems. The study goes on to
describe the fundamental design components of such ordinances. Common
components defined for the first time include buffer yards, parking lot
interior landscaping, landscape strips, parking lot perimeter plantings, commercial
and industrial landscape strips along streets. The report goes on to describe
residential landscaping for single family and multi-family developments
consisting primarily of open space plantings, screens and buffers. Chapter
three of the document provides guidelines on drafting an effective ordinance.
Martz-Morris define thirteen (13) articles in a typical landscape code. The include purpose, definitions,
applicability, approval process, alternative compliance, plant substitutions,
plan preparation submittal requirements, enforcement, maintenance, plant lists,
landscape standards, and tree preservation during construction.
This study was done when landscape codes when they were not
commonly found in American cities. This document is one of the most important
early studies in the field of landscape ordinance technology. Much of the work of this study was developed
from Prince George, County, Maryland.
Robinette,
Gary. Local Landscape Ordinances,
Agora Press, Plano, Texas, 1992
Robinette’s
study of landscape codes is heavily weighted toward understanding the role that
design and spatial relationship plays in the development of landscape codes.
This study is a compendium of knowledge from
landscape codes found in the Dallas, Texas area where both irrigation and
planting requirements are typical components of any ordinance. The document
studies all of the components of typical landscape codes in both text and
drawing format. Perhaps the greatest
contribution of this work is the careful evaluation of twenty-nine (29)
ordinance components in fifty-three (53) different communities. From this
analysis the authors verified that the most common components of landscape
codes were maintenance (64%), preparation of landscape plans (62%), screening
of parking areas (56%), irrigation (52%), and
internal parking lot plantings (49%). Tree preservation is required in
only thirty–two percent (32%) of the communities surveyed.
Although
the study is somewhat disorganized, with no real understanding of ordinance structure,
this important work documents the relationship between design and law in a very
meaningful and readable way.
Wolfe,
K. Trees, Parking and Green Law: Strategies for
Sustainability, USDA Forest Service, Southern Center for Urban
Forestry Research and Information, Athens, GA., 2004
Dr. Wolfe’s study of green laws related to parking lots and
trees is one of the most current studies of landscape ordinances and their
effect upon parking lot design, local climate and the heat island effect all of
which are important concerns that modify living conditions in urban areas. This
book was published in 2004 so the data is very current and her discussion on
‘code traditions’ is in support of Abbey’s work in U.S.
Landscape Ordinances, mentioned elsewhere in this literature review.
Wolfe studies landscape law in regards to trees and
parking. The emphasis of her work is on
the question of parking lot sustainability and how trees, shrubs, plantings,
paving, drainage and parking lot geometry can be modified to effectuate
environmental improvement. Her comments on green law innovation is notable. She
points out issues associated with parking demand, parking lot sizing, tree
preservation, canopy coverage, plant specifications and storm water management
that are on the leading edge of research in the country in regard to
sustainable parking.
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ICC International Zoning Code, International
Code Council, Falls Church, VA., 2003
The 2003 International
Zoning Code contains uniform requirements for use districts and five zoning
classifications, consistent zoning requirements that can be tailored to
specific jurisdictional needs, and coordinated requirements and definitions
related to the International Building Code. This document sets forth a
real basic landscape code. Chapter 8,
section 805 sets forth basic landscape requirements that are followed by any
community that adopts this standard code as their community zoning code.
Additional requirements are found under planned unit development regulations.
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