§ 30.64.030. Landscaping.

a.

Landscaping Required. Except for mines, gravel pits, temporary uses, agricultural cultivation, public facilities without buildings, and the rear yards of single family dwellings, any disturbed area of a developed property not occupied by permitted outside activity areas, storage areas, structures, parking, driveways, drive aisles, bus turnouts, and sidewalks shall be landscaped and maintained in a clean condition. Disturbed areas designated for future development need not have live landscaping. (For the purposes of this Section and related landscaping requirements, rear yard is defined as any yard area behind established screen walls or fencing located in side or rear yards.) Any required landscaping may be within a trail dedication; however it cannot obstruct the intended use of the trail.

b.

Landscape Design Objectives.

1.

Landscape plans shall incorporate water conserving design which includes appropriate soil, soil amendments to absorb and retain water and encourage the formation of deep root systems, mulch, drainage, and microclimates, and includes groupings of plants with similar water requirements on an irrigation line.

A.

Grading and hydrology should whenever possible be designed to maximize the use of storm water for on-site irrigation.

B.

Landscape plans shall address all applicable sight visibility concerns, including the location of traffic control signs and devices, sight visibility zones, and adequate spatial considerations for the (future) size and spread of plant materials at maturity in conformance with 30.16.240(a)(5). (Also see 30.64.030(k)

2.

The selection and orientation of plant material on the south and west sides of buildings is preferred to promote energy conservation and solar gains.

c.

Landscaping.

1.

All required landscaping shall consist of live plants, except as provided in subsection (a) above. For property at elevations of four thousand or more feet above sea level, natural and endemic landscaping should be preserved and incorporated into the landscape area.

2.

Any tree within 5 feet of a required perimeter wall, sidewalk, or street, or public utility easement adjacent to a street shall be planted with a root shield designed to redirect root growth and shall incorporate a deep root irrigation system per Section 30.64.030(1)(4)(B). The number, size and spacing of trees may be modified by utility company.

3.

The front and side yards of single family residential development shall not contain more than 60% hardscape.

4.

Efforts to keep and maintain existing drought-tolerant trees, especially if mature, are highly encouraged.

d.

Maintenance of Landscaping and Sidewalks.

1.

Fences, walls and landscaped areas (including plant materials, irrigation system, and hardscape features) shall be maintained.

A.

Landscaping or structures of any kind shall not obstruct vehicular or pedestrian travel along the sidewalk or street.

B.

No landscaping materials shall obstruct, block, or in any way impede the view of any traffic signal, sign, directional device, or sight visibility zone.

C.

Trees may overhang a sidewalk and street, provided the overhang is a minimum height of ten feet above any sidewalk or sixteen feet and four inches (16′ 4″) above any street, and the overhanging foliage does not impose a danger to the public.

D.

When detached sidewalks are installed, the property owner(s), homeowners association, or landscape maintenance association shall maintain all landscaping in conformance with the requirements of this Chapter and shall be responsible for trimming, modifying, or removing any plant materials within required landscape areas that cause or constitute an imminent safety hazard to the traveling public, including but not limited to obstructing the visibility of traffic control signs and devices, obstructing sight visibility zones, or not providing adequate clearance for pedestrians and vehicles. Noncompliance with the maintenance requirements herein established shall cause the County to provide notice to the property owner(s), homeowners association, or landscape maintenance association of the County's intent to perform the required maintenance and collect payment accordingly for the work performed.

2.

Landscaped areas shall not be used for parking of vehicles, display of merchandise or other uses detrimental to the landscaping.

3.

Any required plant material that does not survive, or sustains severe damage, shall be replaced within ninety (90) days.

4.

Landscaping required outside decorative fences and walls shall be maintained by the property owner(s), homeowners association, or landscape maintenance association, whichever is applicable. When landscape maintenance is the responsibility of individual property owners, a disclosure of the property owner's responsibility shall be recorded against the property. Whenever a landscaping area is an easement or is located within a common lot, the easement or common lot shall be shown on any major or minor subdivision map. All areas specifically intended for landscaping purposes shall be shown on required improvement plans.

A.

Damage to landscaping (including plant materials, irrigation system, and hardscape features) within the required easement as a result of the work performed by, or on behalf of, any public utility shall be repaired or replaced by the public utility.

B.

Damage to landscaping (plant materials) that occurs as a result of a property owner's, homeowners association's, or maintenance association's lack of general maintenance, as required in Section 30.64.030(d)(5), or as a result of the actions of a property owner, homeowners association, or maintenance association creating a condition that caused such damage to occur, shall be repaired or replaced by the applicable property owner, homeowners association, or maintenance association, whichever caused the damage.

C.

Removal or relocation of any private property owners' landscaping in County rights-of-way or easements to accommodate a public improvement, including roadways and pavements, sidewalks, curbs and gutters, landscaping, street lights, foundations, poles and traffic signal conduits, water mains, sanitary and storm sewers, tunnels, subways, people movers, viaducts, bridges, underpasses, and overpasses, or other public facilities across, along, over or under any street or streets, or other such improvements which are to be used by the general public, shall be the responsibility and at the expense of the property owner. The County (or other entity governed ex officio by the Clark County Board of Commissioners, i.e., Las Vegas Valley Water District, Kyle Canyon Water District, Big Bend Water District or Clark County Water Reclamation District, singly the "County Entity") shall issue to a property owner 30 days' written notice of a need to remove or relocate any of the property owner's landscaping that may be in conflict with installation, maintenance, or use of the public improvement. The property owner shall, within 30 days after receiving such written notice from the County Entity, remove or relocate its said landscaping. If the property owner fails to remove or relocate its landscaping as required by this section within the required time period, the County Entity may remove or relocate said landscaping and charge the cost of removal or relocation to the property owner. The County will not be held liable for any losses or damages due to removal or relocation of such landscaping.

5.

General maintenance of all sidewalks, whether constructed within a public right-of-way or a public access easement, shall be performed by the property owner, homeowners association, or landscape maintenance association, and shall include keeping the sidewalks clean and free of weeds, debris, ice, and snow, and preventing landscaping or structures of any kind from obstructing the sidewalk.

A.

Long-term maintenance of all sidewalks except meandering sidewalks, including repair and replacement when required, shall be the responsibility of Clark County, pursuant to NRS 41.1315, unless the sidewalk is damaged as a result of negligence on the part of, or actions taken by, the property owner, homeowners association, or landscape maintenance association.

B.

Clark County shall not be held liable for damage or injury that occurs as a result of a property owner's, homeowners association's, or maintenance association's lack of general maintenance, as required in subsection A above, or if the actions of a property owner, homeowners association, or maintenance association created a hazardous condition that caused or otherwise resulted in damage or injury.

e.

Plant Materials.

1.

Except for single family residential development, all required plants shall consist of materials selected from the plant list in the Southern Nevada Regional Planning Coalition's Regional Plant List, except that all cactus, and annual and perennial flowers, are permitted. Any plant listed on the Nevada State Department of Agriculture's noxious weed list as shown in NAC Section 555.010 is expressly prohibited.

f.

Irrigation. A water conserving irrigation system is required for all landscaping. Drip or similar systems with no over spray shall be used when irrigating non-turf vegetation. Irrigation systems shall be maintained in good operating condition. The use of irrigation systems which utilize reclaimed wastewater is preferred, and required for golf courses as soon as a source of reclaimed wastewater is available. Restrictions for over spray shall not apply when water used will be provided by one or more of the following methods:

1.

Water is provided for the applicant(s own wells or appurtenant or transferred water right which can be legally used to irrigate the property on which a golf course is developed;

2.

Water is provided by the water purveyor; however, the applicant must contribute to an exterior water efficiency retrofit program approved by the water purveyor to offset the impacts on water resources and system delivery capacity in an amount equivalent to two (2) times the amount of water used to irrigate turf.

3.

Groundwater provided from the shallow aquifer. Applicant may develop and provide the groundwater at his/her sole cost, or may compensate the appropriate water district to develop ground water pursuant to an agreement with the district. The agreement must have been executed by both parties at the time of the application.

g.

Swales. Within landscape areas greater than four feet wide (4′), a two foot wide (2′) minimum swale shall be provided adjacent to attached sidewalks unless a perimeter fence or wall is constructed within two feet (2′) of the sidewalk, or unless the landscape strip is designed with a berm to screen parking and provide enhanced landscaping. When detached sidewalks are constructed in landscape areas greater than ten (10) feet wide, a swale shall be provided on each side of the sidewalk unless bermed. The required swales shall be designed to prevent irrigation water from flowing onto the street or sidewalk. (See Figure 30.64-3)

h.

Storm Water Detention/Retention Basins. When provided, private on-site detention/retention basins which are not paved or riprapped shall be landscaped if in non-single family residential development to enhance the natural configuration of the basin. Grading, hydrology and landscape plans should be integrated to make maximum use of site storm water runoff for supplemental on-site irrigation purposes.

i.

Ground Cover. Any portion of a landscape area not planted shall be covered with decorative rock, bark, mulch or other material suitable for reducing dust and evaporation, and improving the aesthetic appearance of the area. Non-porous materials should not be placed under the mulch where plants exist.

j.

Turf. These restrictions cannot be waived or varied. Turf limitations apply as follows:

1.

Single-family and multifamily developments are prohibited from installing new turf in common areas of residential neighborhoods. This restriction shall not apply to privately owned and maintained parks, including required open space.

2.

The installation of new turf in non-residential developments is prohibited. This restriction shall not apply to schools, parks, amphitheatres or cemeteries, to turf required by other governmental jurisdictions and/or regulatory agencies; or to golf courses and driving ranges subject to regulations listed below.

3.

The installation of new turf is prohibited in residential front yards.

4.

For single-family residential lots, the installation of new turf shall not exceed 50% of the gross area of the side and rear yard or 100 square feet whichever is greater. In any case, a maximum of 5.000 square feet of turf is permitted.

5.

Development within subdivisions approved after July 1, 1992 shall not impose restrictions which require the use of turf in landscaping or which prevent the use of xeriscaping as an alternative to turf;

6.

The maximum slope of a turf area shall not exceed 33%;

7.

Turf areas shall not be located within 6 feet of a street curb, paved surface other than a single-family residential driveway, or sidewalk if adjacent to a paved surface;

8.

No area of turf shall have a width or depth less than 10 feet. This area may be less than 10 feet wide if adjacent to a planter bed or other landscape area which will catch overspray;

9.

Golf courses shall be limited to a maximum of 45 acres for 18 holes and 5 acres for a driving range;

A.

The turf limitation of golf courses may be exceeded if the applicant demonstrates to the satisfaction of the water purveyor that irrigated turf, in excess of the amount specified, will have no significant impact on water resources or water peak demand delivery capacity, because water used for the additional turf will be provided by one or more of the following methods:

i.

Water provided from applicant's own wells or appurtenant or transferred water rights which can be legally used to irrigate the property on which the golf course is developed;

ii.

Water provided from the water purveyor. However, the applicant must contribute to an exterior water efficiency retrofit program approved by the water purveyor to offset the impacts on water resources and system delivery capacity, in an amount equivalent to 2 times the amount of water used by the turf grass;

iii.

Groundwater provided from the shallow groundwater aquifer. Applicant may develop and provide the ground water at his sole cost or may compensate the appropriate water district to develop ground water pursuant to an agreement with the district. The agreement must have been executed by both parties at the time of the application.

k.

Required Trees. Trees shall be planted as required in Tables 30.64-1 and 30.64-2, and as shown in Figures 30.64-2 through 30.64-14, 30.64-17, and 30.64-18, if large 15 gallon trees are being planted. Trees located beneath or adjacent to overhead power lines are not required if the power company certifies that the landscape requirement poses a hazard. Unless otherwise specified by the Commission or Board, trees and alternative distances can be provided as follows:

1.

1 large tree (at maturity will be 40 feet or higher and have a minimum 20 foot spread) is required for each 30 linear feet of street frontage.

2.

1 medium tree (at maturity will have a minimum 20 foot spread) is required for each 20 linear feet of street frontage.

3.

1 small tree (at maturity will have a less than a 20 foot spread) is required for each 10 linear feet of street frontage.

4.

These distances may be increased by 10 feet if 24 inch box trees are planted instead of 15 gallon trees.

5.

A variety of species and appropriate clustering of plants to provide a homogeneous buffering effect are encouraged within the landscape area.

l.

Landscape Strip and Sidewalks.

1.

Sidewalks, drive aisles, signs, and driveways providing access from the street to and within the development are permitted within a landscape area or strip.

2.

If constructed sidewalks are attached (not offset from curb), the required landscape area shall begin at the property line (back of sidewalk) and shall not include any part of the right-of-way. If detached sidewalks are constructed pursuant to Section 30.52.030(a)(1)(K), the required landscape area shall include the detached sidewalk with 10 feet of landscaping (See Figures 30.64-17 and 30.64-18). On collector or arterial streets, when attached sidewalks are permitted in lieu of detached sidewalks per 30.64.030 (l) (4), 15′ of landscaping is required behind the sidewalk.

3.

When required by Tables 30.64-1 and 30.64-2, straight, detached sidewalks shall be provided unless there is an existing attached sidewalk that will not be rebuilt, or the arterial or collector street frontage is less than 300 linear feet and is adjacent on both sides to existing development constructed with attached sidewalks.

A.

When not required, detached sidewalks and landscaping may be provided at the option of the property owner, homeowners association, or landscape maintenance association. Whether required or not, all detached sidewalks shall conform to Figures 30.64-17 or 30.64-18 and are additionally subject to the following:

i.

The tree spacing may be increased by ten (10) feet.

ii.

All areas between the sidewalk and the curb shall be landscaped except for incidental paving for bus stops or paving designed to protect underground public utilities, returns to intersections, and amenity zones pursuant to the Mixed Use Overlay District standards established in Section 30.48.770(C)(6-7). See Table 30.56-2 for pedestrian realm requirements for non mixed use projects.

iii.

A landscape area as required shall be provided within the distance between the curb and the front setback, shall abut both sides of the sidewalk, and shall contain the quantity of plant materials required per Figures 30.64-17 or 30.64-18, or as otherwise required by this title, except only shrubs, groundcover, and small to medium trees with non-invasive root systems shall be permitted between the curb and the sidewalk. Tree rows on both sides of a detached sidewalk shall offset each other to provide balanced spacing, and all trees shall be approximately centered within the landscape strip on each side of the sidewalk. (See Figures 30.64-17, 30.64-18 and Southern Nevada Regional Planning Coalition's Regional Plant List.)

B.

All trees planted in landscape areas adjacent to detached sidewalks or within five feet (5′) of any pavement or wall (building or perimeter) shall be required to install, operate, and maintain a deep root irrigation system in conformance with Figure 30.64-3 and the standards listed below (also see "Deep Root Irrigation" in 30.08.030):

i.

For small and medium trees, a minimum of one irrigation pipe (2″ - 4″ by 36″ - 48″) made of PVC or suitable material, shall be inserted vertically into the ground at the trunk's base to encourage downward growth of a deep root system and capture, drain, and redirect excess surface water into the deeper tree root area. For large trees, a minimum of two (2″ - 4″ by 36″ - 48″) pipes shall be required.

ii.

Each irrigation pipe shall be loosely filled with gravel or rock and may be perforated along the lower half to facilitate the absorption of water into the lower soil profile and below the tree's root ball. Irrigation lines, emitters, and/or bubblers may be placed within each deep root irrigation pipe.

iii.

All required deep root irrigation pipes shall be installed in conjunction with required swales and designed to allow sufficient amounts of irrigation water to reach a depth of three to four feet.

4.

When dedication for bus turnouts is required, the landscape strip is not required adjacent to the bus turnouts.

m.

Certificate of Compliance. A Certificate of Compliance stating that required landscape materials have been installed per this Title and any imposed conditions of approval on a land use application shall be signed by the property owner, contractor, or Landscape Architect and submitted to the Zoning Administrator prior to final Certificate of Occupancy.

(Ord. 3668 § 12, 2008; Ord. 3586 § 9 (part), 2008; Ord. 3549 § 11 (part), 2007; Ord. 3524 § 4, 2007; Ord. 3472 § 12 (part), 2006; Ord. 3356 § 5 (part), 2006; Ord. 3296 § 9 (part), 2005; Ord. 3094 § 3, 2004; Ord. 3062 § 4, 2004; Ord. 3020 § 3, 2004; Ord. 2934 § 8, 2003; Ord. 2741 § 12 (part), 2002; Ord. 2482 § 15 (part), 2000; Ord. 2481 § 3 (part), 2000)

(Ord. No. 3805, § 8, 8-19-2009; Ord. No. 3826, § 7, 11-4-2009; Ord. No. 3924, § 11, 12-22-2010; Ord. No. 3987, § 4, 10-5-2011; Ord. No. 4077, § 13, 1-9-2013; Ord. No. 4152, § 11, 11-20-2013; Ord. No. 4275, § 11, 2-18-2015; Ord. No. 4658, § 15, 12-19-2018)

Figure 30.64-2 Root Shield (Root Barrier)

(Ord. 3356 § 5 (part), 2006)

(Ord. 3356 § 5 (part), 2006)