§ 16.27

The purpose of these standards is to promote site development practices that will preserve the natural physical site characteristics of development sites in the city of Corning.

(Ord. 550 (part), 1994).

16.27.020 - Development prohibited in certain areas.

Plans must be submitted to the city demonstrating that the following areas will not be disturbed:

A.

Areas with a natural (undisturbed by human activity) slope of twenty percent or more;

B.

Areas within a one-hundred-year floodplain as delineated on the current flood insurance rate maps (F.I.R.M.) published by the Federal Emergency Management Administration;

C.

Areas within the boundaries of the one-hundred-year flood level of any seasonal stream or drainage way is such a boundary if not delineated on the F.I.R.M. described in subsection (B) of this section;

D.

Areas between the tops of banks of seasonal or year-round creeks, sloughs, streams, drainage ways or oxbows;

E.

Areas within wetlands as defined by the U.S. Army Corps of Engineers criteria;

F.

Areas within riparian habitat or zones as delineated on maps or as defined in text adopted by the city;

G.

Areas within fifty feet of the areas described in subsections (B) through (F) of this section.

Exception: The reason for granting an exception to this standard is to avoid loss of all development density if one hundred percent of small lots exist in the areas listed in this section. After making appropriate findings and approving a planned development use permit the planning commission may allow development of the areas listed in this section. Any such areas that are disturbed must be replaced with environmentally equivalent systems. The planning commission does not have the authority to override federal or state regulations and conditions on these matters.

Subdivisions shall not create lots that consist entirely of the areas listed in this section.

(Ord. 550 (part), 1994).

A.

Where surface grading is not required for buildings, facilities or improvements consistent with these policies, nonhazardous and desirable natural vegetation shall be left undisturbed on the site. Trees or shrubs shall not be removed prior to submission and approval of development plans except for weedmowing abatement procedures. Development plans which minimize disruption of desirable natural vegetation are necessary.

B.

Streets, buildings and utilities must be aligned away from rare or scenic species. A mixture of large native trees and young trees must be preserved to assure continuation of the species and a balanced landscape as older trees are removed during the life of the project.

C.

If natural vegetation is lost or damaged, the same species shall be reintroduced to restore original cover as closely as possible. Restore as much of the original vegetation character as possible. Native oak trees with a diameter of six inches or more at three feet above grade, if removed for development, shall be replaced on-site or off-site with the same species or other species approved by the city.

(Ord. 550 (part), 1994).

New vegetation shall be planted on the development site. It shall be established on all surfaces where cuts and fills have been created. Trees shall be planted and maintained on sites of new construction or building alteration to improve area aesthetics and introduce shade to buildings and parking areas.

A.

Yards. If trees have not been preserved on a residential lot, at least two shall be planted in each street frontage yard. In nonresidential yards, trees shall be planted in street frontage yards at not more than thirty feet on center.

B.

Commercial Spaces. Trees or shrubs shall be planted adjacent to sound attenuation walls and walls of commercial, professional and multifamily residential buildings. (This will create visual breaks of the building line.)

C.

Parking Lots. Trees shall be planted in parking lots at an average density of not less than one tree per three thousand six hundred square feet (approximately sixty feet on center). The mature crown of the tree shall shade at least fifty percent of the surface area of the parking spaces. The planter area for each tree shall not be smaller than the area of one noncompact auto parking space. The trees required in subsection (D) of this section shall not be included in the count of trees required to conform to this section.

D.

Street Rights-of-Way. Grass, shrubs and trees shall be planted along right-of-way margins to stabilize soil and inhibit surface runoff. Developers should maintain vegetation until such time as the exposures are stabilized.

E.

Maintenance of Planted Vegetation. Development plans shall include a statement that the owner shall be responsible for irrigating planted vegetation species until they become self-sustaining. Drought-resistant species shall be planted to insure their long-term survival in areas where no permanent irrigation is provided. Landscape maintenance plans shall be prepared by a qualified professional.

(Ord. 550 (part), 1994).

If trees have not been preserved on a residential lot, at least two shall be planted on the street frontage yard. In nonresidential yards, trees shall be planted in street frontage yards at not more that fifty feet on center.

(Ord. 550 (part), 1994).

Trees or shrubs shall be planted adjacent to sound attenuation walls and walls of commercial, professional and multifamily residential buildings.

(Ord. 550 (part), 1994).

If native trees are not retained or none existed, they shall be planted in public and business parking lots and spaced not more that 60 feet on center.

(Ord. 550 (part), 1994).

Grass, shrubs and trees shall be planted along right-of-way margins to stabilize soil and inhibit surface runoff. Developers should maintain vegetation until such time as the exposures are stabilized.

(Ord. 550 (part), 1994).

The owner should be responsible to irrigate planted vegetation species until they become self-sustaining. Drought resistant species shall be planted to insure their long-term survival in areas where no permanent irrigation is provided. Landscape maintenance plan shall be prepared by qualified personnel.

(Ord. 550 (part), 1994).

16.27.100 - Applicability.

These policies apply to grading activities and vegetation and drainage issues regardless of whether a project is exempt from provisions of the Uniform Building Code, Appendix Chapter 70.

(Ord. 550 (part), 1994).

Chapter 16.29 - FENCING REQUIREMENTS

Sections:

16.29.010 - Fencing.

Fencing shall be required for each rear yard lot created by the division of land and meet the following requirements:

A.

A solid, six-foot fence;

B.

Posts are required to be treated or of nondecaying type material;

C.

The rear yard of each lot shall be completely enclosed;

D.

Any variance from these requirements shall be approved by the planning commission.

(Ord. 550 (part), 1994).

Chapter 16.30 - MODIFICATIONS (EXCEPTIONS)

Sections:

16.30.010 - Modification of title provisions.

Whenever the land involved in any subdivision is of such size or shape or is subject to such title limitations of record or is affected by such topographical location or conditions or is to be devoted to such use that it is impossible, impractical, or undesirable in a particular case for the subdivider to fully conform to the regulations contained in this title, the planning commission may permit modification thereof as may be reasonably necessary if such modifications are in conformity with the spirit and purpose of the Subdivision Map Act and of this title. Application for any such modifications shall be made by a petition of the subdivider, stating fully the grounds of the application and the facts relied upon by the petitioner. Such petition shall be filed with or after the acceptance of the tentative map of the subdivision. In order for the property referred to in the petition to come within the provisions of this chapter, it shall be necessary that the planning commission finds the following facts with respect thereto:

A.

There are exceptional or extraordinary circumstances or conditions applicable to the property such as topography, fixed rights-of-way, unique location of easements, etc.; or

B.

Because of the unique nature of a particular subdivision concept, design innovations are proposed which meet the functional standards of the zoning and subdivision regulations without strict adherence to the requirements of this title; or

C.

That the modification is necessary for the preservation and enjoyment of a substantial property right of the petitioner; or

D.

That the granting of the modification will not be detrimental to the public welfare or safety, or injurious to other property in the territory in which said property is situated.

(Ord. 550 (part), 1994).