§ 92.122 LANDSCAPING AND PAVING OF PARKING LOTS AND STREETS.

   (A)   Purpose. It is the intent of this section to protect and promote the public health, safety, and general welfare by requiring the landscaping and paving of parking areas which will serve to control access, enhance safety, reduce radiant heat from surfaces, reduce wind and air turbulence, reduce noise, reduce the glare of motor vehicles and surfaces, ameliorate storm water drainage problems, filter automotive exhaust, and protect and preserve the appearance, character, and value of adjacent properties.

   (B)   Applicability.

      (1)   The landscaping requirements of this section shall apply to all parking lot development, public and private, designated as multi-family, recreational, office or institutional, commercial or industrial land uses. It is the intent of this section to require compliance with these standards with all new parking lots and parking lot expansions; with the repaving of existing parking lots of at least 50 spaces or 25,000 sq. ft., whichever is less; and when existing structures or uses have been expanded or improved by at least 25% in area or taxable value, whichever is less.

      (2)   Each new, improved or expanded off-street parking lot shall be constructed in such a manner that its surface material shall be dust free. This is to be accomplished by concrete or blacktop (if another non-dust producing surface is proposed, it must be approved by the Planning Board). Each automobile parking space shall be provided with adequate access and maneuvering area on-site to each space. Each parking lot shall be provided with vehicular access to a street or alley. Each parking space shall be designed so as to be fully entered and exited safely, without interference with pedestrian or business activities or the use of adjacent public rights-of-way.

      (3)   All off-street parking lots shall be graded and drained so as to dispose of all surface water accumulated within the area in accordance with city design and specifications standards and of the City of Albemarle Planning and Development Services Department.

      (4)   Street tree requirements of this section shall apply to all new development, public and private, designated as multi-family, recreational, office or institutional, commercial or industrial land uses as well as residential development on newly created streets.

   (C)   Pre-development site review. Site plans for proposed development shall comply with the requirements of this section prior to issuance of a zoning permit. Such plans shall be reviewed and approved by the Planning Director or his or her designee.

   (D)   Definitions.

      (1)   "LANDSCAPING.” The existing and/or proposed features of real estate which are intended to enhance and/or buffer a development, including but not limited to trees, shrubs, lawns, and rocks.

      (2)   “PARKING LOT.” Any open portion(s) of a property or properties which are regularly used for the on-site navigation and temporary storage and of ten or more motor vehicles or are at least 5,000 square feet in area, collectively.

      (3)   “PARKING SPACE.” A marked area, intended to accommodate a single parked vehicle. If unmarked, each 500 square feet of any parking lot or area shall constitute a parking space.

      (4)   “PARKWAY.” The unpaved portion of a public road or street right-of-way abutting a parcel.

      (5)   “PRESERVABLE TREE.” Any tree for which tree removal requires a tree removal permit.

      (6)   “PROPERTY OWNER.” Includes the owner of an easement.

      (7)   “REMOVE(D) OR REMOVAL.” The physical removal or effective removal through cutting, chopping, sawing, damaging, topping, poisoning, or other direct or indirect action intended to result in the death of a tree. It shall not mean normal pruning or trimming of a tree.

      (8)   “SITE PLANS.” Plans to be submitted by the property owner or developer depicting and describing the changes that will occur as the parking lot is developed; particular attention should be paid to identifying preservable trees.

      (9)   “TURF GRASS.” Areas of mown ground cover grasses primarily consisting of bluegrass, fescue and rye grass.

   (E)   Landscaping requirements.

      (1)   Interior areas of parking lots. The area(s) within the property used for parking and movement shall provide landscaping as follows:

         (a)   A small shrub (mature height of 2-4 feet) shall have a planting area of nine square feet. Minimum size at installation shall be a three gallon container with roots filling the container.

         (b)   A medium shrub (mature height of 4-15 feet) shall have a planting area of 25 square feet. Minimum size at installation shall be a seven gallon container with roots filling the container.

         (c)   A small tree (mature height of less than 20 feet) should have a planting width of at least eight feet and an open area of at least 100 square feet. Minimum planting area is an 8 by 12.5 foot rectangle.

         (d)   Medium tree (mature height less than 35 feet) should have a planting width of at eight feet and an open space of at least 150 square feet. Minimum planting area is an 8 by 18.75 foot rectangle.

         (e)   Large tree (mature height greater than 35 feet) should have a planting area of at least 200 square feet. Minimum planting area dimension is a 10 by 20 foot rectangle.

DIAGRAM 92.091 (1): Minimum Planting Areas

   (F)   Plants required.

      (1)   One small tree shall be required for every ten parking spaces or one medium tree shall be required for every 15 or fewer parking spaces; or one large tree for every 20 or fewer spaces; or a combination of tree sizes based on the number of parking spaces and the size of the planting area.

      The following example is given for illustrative and guidance purposes in the application of this section:

      A parking lot having 38 parking spaces would require a minimum of four small trees or three medium trees, or two large trees or two small and one large tree or two small and two medium trees, or one small, one medium, and one large tree.

      (2)   One small shrub shall be required for every five or fewer parking spaces; or one medium shrub for every ten parking spaces; or a combination of small and medium shrubs based on the number of parking spaces, the amount of planting spaces available and any sight elevation problems that may be encountered in the parking lot.

      (3)   The minimum size of the planting area will be based on the total minimum square foot area required by each shrub and tree to be planted in that area.

         The following example is given for illustrative and guidance purposes in the application of this section:

         One medium tree and four small shrubs are to be planted in a traffic island. The minimum size of the planting area will be:

         (1) medium tree: 150 square feet

         (4) small shrubs: 36 square feet Total area needed: 186 square feet

      (4)   Required trees and shrubs shall be distributed throughout the vehicular area and be placed as landscaped islands at each end of parking aisles so that no parking space is located more than 60 feet from a parking lot tree so as to assist in traffic delineation and control.

      (5)   Planting areas shall comply with the specified calculations at a minimum and shall be protected from vehicular encroachment by curbing or wheel stops at least six inches in height.

      (6)   All tree planting areas not affected by turf grass or low growing ground cover shall be adequately mulched to a minimum depth of two inches with organic material such as shredded bark or pine needles to conserve moisture and discourage growth of noxious weeds.

      (7)   Separation from structures. All parking areas, unless located on or within a structure, shall be separated from the exterior wall of a structure exclusive of paved pedestrian entrance ways or loading areas by a buffer strip of at least five feet in width which shall be landscaped with mulch, pine straw, or shrubs.

   (G)   Maintenance. It shall be the responsibility of the property owner, or in the event of a property transfer, the subsequent property owner's responsibility to maintain and ensure the survival of the plant material and planting areas in perpetuity. Plants and trees that do not survive planting or for some reason succumb to injury, disease and/or insect infestation must be replaced during the first planting season following the death of the plant(s) in accordance with the specifications of this section.

   (H)   Performance guarantee. Landscape and tree planting requirements may be deferred to an appropriate planting season, based on a decision made by the Planning Director in order to facilitate a property owner's desire to obtain a certificate of occupancy. This provision is meant to allow for seasonal extremes in weather and soil conditions which may be incompatible to landscaping. It is not, however, meant to be used in any way to circumvent the intent and purpose of this section. No certificate of occupancy shall be approved until:

      (1)   The required landscaping is completed in accordance with approved plans; or

      (2)   A bond or certified check, payable to the city, in the amount of 100% of the estimated cost to assure installation of the required landscaping. The amount of the bond shall be submitted by the developer and reviewed and determined by the city staff to be acceptable; or

      (3)   An irrevocable letter of credit issued by a bank in a form approved by the City Attorney may be accepted in lieu of bond under the terms and conditions applicable to bonds in subdivision (b) above; and

      (4)   No surety or portion thereof, as provided for in this section, shall be released by the city until all landscaping has been installed, inspected and approved.

   (I)   Exceptions. When parking is provided underground or within a building, the above requirements shall not apply. Additionally, automobile dealerships and other businesses with parking lots larger than 50 spaces or 25,000 square feet that demonstrate a real and substantial need, particular to their business, for exception to the above requirements, may be permitted to relocate required landscaping for up to one half of the parking lot to another location within the parking lot or otherwise cluster it within the exempted area. Display areas and other areas requested for exemption shall be indicated on site plans for approval. It is not the intent of this section for this exemption to be applied to regular customer and employee parking areas.

   DIAGRAM 92.091 (2): Parking Lot Landscaping Requirements

   (J)    Street tree front and side line landscaping facing city or DOT streets.

      (1)    Street tree planting requirements.

         (a)   For all development, public and private, designated as multi-family, recreational, office or institutional, commercial or industrial land uses the required planting strip must be comprised of a row of canopy or ornamental trees planted an average of 35 feet on center and located at least five feet behind the street, utility right-of-way,

underground water line, sewer line, transmission line or other utility.

         (b)   For all residential development on new public streets, the required planting strip must be comprised of a row of canopy or ornamental trees planted an average of 50 feet on center on both sides of new streets and located within the planting strip between sidewalk and street or street curb. When not permitted due to planting strip width or utility location, trees may be planted behind the sidewalk within the right-of-way or within the front yards of residential lots provided that a planting and maintenance easement is provided and the trees are not removed by future homeowners.

         (c)   When such plantings are demonstrated to interfere with visibility of signage or otherwise obstruct vehicular visibility, infrastructure or utility access, the spacing between trees may be reduced or subject trees may be relocated or otherwise clustered on-site. Such exception shall be applied as minimally as is needed so as to address conflicts and still maintain the row or canopy of trees to the greatest extent possible..

   DIAGRAM 92.091 (3): Street Tree Placement Requirements

         (d)   When no overhead utilities or other obstructions are present, medium and large trees shall be planted. Such trees must be a least two and one-half inches in caliper and no less than eight feet in height at the time of installation and shall have an expected mature height of at least 30 feet.

         (e)   When overhead utilities or other obstructions prevent the planting of medium or large trees, small trees may be planted. Small trees must be at least one and one-half inches in caliper and no less than six feet in height and an expected height of no more than 20 feet and shall be required under overhead utility lines.

         (f)   The above size and height standards shall apply to interior landscaping of parking lots.

      (2)    Tree and shrub species. The following is a list of recommended trees and shrubs by common name:

Upper-story or canopy trees
Species name	Common name
Acer floridanum (barbatum)	Sugar Maple
Acer rubrum	Red Maple
Acer saccharum	Sugar Maple
Betula nigra	River Birch
Celtis laevigata	Sugarberry
Celtis occidentalis	Hackberry
Fagus grandifolia	American Beech
Ginkgo biloba	Ginkgo, Maiden Tree
Liquidambar styraciflua	Sweetgum
Liriodendron tulipiflera	Tulip Poplar
Metasequoia glyptostroboides	Dawn Redwood
Nyssa sylvatica	Black Gum, Tupelo
Platanus occidentalis	American Sycamore
Populus deltoides	Eastern Cottonwood
Quercus bicolor	Swamp White Oak
Quercus falcata	Southern Red Oak
Quercus lyrate	Overcup Oak
Quercus michauxii	Swamp Chestnut Oak
Quercus nuttallii	Nuttal Oak
Quercus palustris	Pin Oak
Quercus phellos	Willow Oak
Quercus shumardii	Shumard Oak
Quercus velutina	Black Oak
Taxodium ascendens	Pond Cypress
Taxodium distichum	Bald Cypress
Tillia americana	American Linden
Tillia cordata	Little Leaf Linden
Ulmus alata	Winged Elm
Ulmus americana	American Elm (Dutch elm disease resistant variety)
Juniperus virginiana	Eastern Red Cedar
Magnolia grandiflora	Southern Magnolia
Pinus eliiotti	Slash Pine
Pinus palustris	Longleaf Pine
Pinus taeda	Loblolly Pine
Quercus hemisphaerica	Laurel Oak
Quercus virginiana	Southern Live Oak

 

Understory or medium trees
Species name	Common name
Amelanchier arborea	Downy Serviceberry
Amelanchier x grandiflora	Apple Serviceberry
Carpinus carolinana	American Hornbeam
Cercis canadensis	Eastern Redbud
Chionanthus virginicus	American Fringe Tree
Cladrastis kentukea	American Yellowwood
Cornus florida	American Dogwood
Cornus kousa	Kousa Dogwood
Cotinus obovatus	American Smoketree
Crataegus phaenopyrum	Washington Hawthorn
Crataegus virdis	Green Hawthorn
Diospyros virginiana	American Persimmon
Hamamelis virginiana	American Witch- hazel
Ilex decidua	Possumhaw Holly
Lagerstroemia species	Crape Myrtle
Magnolia stellata	Star Magnolia
Ostrya virginiana	Ironwood, Hop-Hornbeam
Oxydendrum arboretum	Sourwood
Parrotia persica	Parrotia Tree
Prunus 'yedoensis' or subhirtella	Flowering Cherry
Styrax americana	American Snowbell
Ilex cassine	Dahoon Holly
Ilex opaca	American Holly
Ilex 'Nellie Stevens'	Nellie Stevens Holly
Ilex vomitoria	Yaupon Holly
Magnolia virginiana	Sweetbay Magnolia

 

Shrubs or understory plants
Species name	Common name
Salvia lyrate	Lyreleaf Sage
Sisyrinchium angustifolium	Blue-eyed Grass
Carex laxiculmis	Creeping Sedge
Carex plantaginea	Broadleaf Sedge
Hypericum stragulum	Dense St. Johnswort
Juniperus horizontalis	Creeping Juniper
Phlox subulate	Moss Phlox
Aesculus pavia	Red Buckeye
Callicarpa americana	American Beauty Berry
Cornus racemose	Gray Dogwood
Cyrilla racemiflora	Ti-ti
Fothergilla gardenia	Dwarf Fothergilla
Fothergilla major	Witch-Alder
Hamamelis x intermedia	Hybrid Witchhazel
Hydrangea arborescens	Smooth Hydrangea
Hydrangea quercifolia	Oakleaf Hydrangea
Hypericum densiflorum	Dense St. Johnswort
Hypericum prolificum	Shrubby St. Johnswort
Ilex verticillata, winterberry	Winterberry
Itea virginica	Virginia Sweetspire
Lindera benzoin	Spice Bush
Magnolia soulangeana	Saucer Magnolia
Rhododendron (native deciduous)	Rhododendron (native)
Rhus aromatica	Fragrant Sumac
Rhus glabra	Smooth Sumac
Rhus typhina	Staghorn Sumac
Rosa Carolina	Carolina Rose
Sambucus canadensis	Elderberry
Sassafras albidum	American Sassafras
Viburnum acerifolium	Mapleleaf Viburnum
Viburnum dentatum	Arrowood Viburnum
Viburnum nudum	Possum Haw Viburnum
Viburnum prunifolium	Blackhaw Viburnum
Zenobia pulverulenta	Dusty Zenobia
Abelia x grandiflora	Glossy Abelia
Agarista populifolia	Fetterbush
Aucuba japonica	Acuba
Buxus microphylla var. japonica	Japanese Boxwood
Camellia sasanqua	Camellia, sasanqua varieties
Cephalotaxus harringtonia	Plum Yew
Gardenia jasminoides	Creeping Gardenia
Ilex cornuta	Dwarf Burford Holly varieties
Ilex glabra	Inkberry Holly
Ilex vomitoria 'Nana'	Dwarf Yaupon Holly
Ilex x attenuate 'Fosteri' or 'Savannah'	Foster or Savannah Holly
Illicium parviflorum	Anise Tree
Juniperus chinensis	Chinese Juniper
Juniperus davurica 'Expansa'	Parson's Juniper
Myrica cerifera	Wax Myrtle
Osmanthus americanus	American Tea Olive
Osmanthus x fortune	Fortunus Osmanthus
Podocarpus macrophyllus	Chinese Podocarpus, 'Maki', Yew
Rhododendron (evergreen)	Southern Indica Rhododendron
Sarcococca hookeriana var. humilis	Sarcocca
Viburnum obovatum	Dwarf Viburnum, Walter's viburnum
Yucca filamentosa	Needle Yucca
Bignonia capreolata	Crossvine
Campsis radicans	Trumpet Vine
Parthenocissus quinquefolia	Virginia Creeper
Passaflora incarnata	Passion Flower, Maypop
Gelsemium sempervirens	Carolina Jessamie
Lonicera sempervirens	Trumpet Honeysuckle

 

      (3)   The use of other species shall only be allowed by written permission of the Director of Planning and Development Services or his or her designee.

      (4)   “INVASIVE SPECIES.” A species, which is not native to a particular ecosystem, and whose introduction causes or is likely to cause economic or environmental harm, or harm to human health. Ideally, do not use them or if previously planted, remove and replace them with native species. The list below shows the scientific and common name and although not exhaustive, identifies prevalent species which may be invasive and therefore good ones to remove and replace with native varieties.

Species name	Common name
Acer ginnala	Amur Maple
Ajuga reptans	Carpet Bugle
Berberis spp	Barberry Species
Buddleia davidii	Butterfly Bush
Cupressus x leylandii	Leyland Cypress
Callicarpa dichotoma	Asian Beautyberry
Elaeagnus spp	Elaegnus Species
Euonymus alatus	Burning Bush
Euonymus fortunei var.	Winter Creeper
Fraxinus spp	Ashe Trees - includes green and white ash, and the like
Hedera canariensis	Algerian Ivy
Hedera helix	English Ivy
Kolreuteria paniculate	Golden Raintree
Lespedeza thunbergii	Lesbedesia, non-native
Ligustrum species	Privet
Liriope muscari, spicatum	Liriope Species
Lonicera spp	Non-native Honeysuckle
Mahonia spp	Mahonia
Miscanthus sinensis	Chinese Silvergrass
Nandina domestica	Heavenly Bamboo
Ophiopogon japonicus	Mondo Grass
Parthenocissus tricuspidate	Boston Ivy
Phellodendron amurense	Amur Cork Tree
Photinia x faseri	Fraser photinia
Platanus x acerifolia	London Planetree
Pyracantha coccinea, koidzumii	Firethorn species
Pyrus calleryana	Bradford or Callery Pear
Quercus acutissima	Sawtooth Oak
Quercus robur	English Oak
Rhapiolepis umbellata (R. indica)	Indian Hawthorn
Ulmus parvifolia	Chinese Elm, Lacebark Elm
Vinca major, minor	Periwinkle species

 

(Ord. 99-43, passed 9-7-99; Am. Ord. 10-03, passed 2-1-10; Am. Ord. 19-41, passed 11-18-19; Am. Ord. 21-02, passed 1-19-21; Am. Ord. 21-26, passed 7-12-21; Am. Ord. 24-16, passed 6-17-24)