The purpose of such landscaping is to provide a visual buffer both to the motorist traveling on adjacent roads and to persons using the off-street parking facility. In addition, the landscaping shall serve as a means of reducing glare, controlling water runoff and promoting the improved appearance of off-street parking areas which might otherwise consist of large unbroken expanses of paved surfaces.
(A) (1) Landscaping, in accordance with the requirements contained herein, shall be required in off-street parking areas under the following circumstances:
(a) The off-street parking area contains 20 or more spaces; and
(b) The off-street parking area lies in any front or side yard; or in a rear yard and said rear yard is visible from any public road right-of-way adjoining the subject property.
(2) In addition, if a building permit is requested for the renovation of a previously developed site which increases the building square footage by 50% or more, these requirements for landscaping off-street parking areas must be provided as a minimum. Property zoned C-B is exempt from this requirement.
(B) (1) The amount of landscaping shall be a function of the zoning district in which the lot is located. Landscaping, calculated by the required number of trees and shrubs per parking space (in such areas where landscaping is required), shall be provided at a minimum as follows:
Zoning District | Required Number of Trees and Shrubs per Parking Space |
R-A, R-20, R-10 | Trees: 0.30 |
Shrubs: 0.75 | |
G-B, M-1, M-2 | Trees: 0.15 |
Shrubs: 0.50 |
(2) Thus, if there were an off-street parking area containing 125 spaces (in the front and side yards), and such parking area were located in an G-B Zone, internal landscaping within the parking area shall consist of a minimum of 38 trees, and 94 shrubs. If the same parking area were located in a R-10 District, 19 trees and 63 shrubs would be required.
(C) Landscaping along the perimeter of parking areas or landscaped areas not bounded on at least three sides by parking spaces, driveways or maneuvering areas shall not be counted toward the landscaped area required under this subchapter.
(D) Trees to be planted shall be selected from the approved species listed in § 155.101 of this chapter. Minimum tree caliper measured six inches above ground on all trees shall be two and one-half inches and the minimum height shall be eight feet. No trees identified as large maturing trees shall be planted within 20 feet of an electrical distribution line. This does not include low-voltage insulated or covered lines of 240 volts or less or telephone or cable television lines.
(E) Shrubs used in any screening or landscaping must be at least two feet tall when planted and shall be selected from the approved species listed in § 155.101 of this chapter. They must be of a variety and adequately maintained so that an average height of five to six feet could be expected as normal growth within three years of planting.
(F) Any landscaped area provided under this section shall not contain bare soil. Any ground area shall be covered with stones, mulch, grass or other decorative or vegetative ground cover.
(G) Any landscaped area provided under this section shall be separated from parking spaces, driveways and maneuvering areas by a curb at least six inches high and the landscaped area shall be at least eight feet wide and designed to minimize damage by vehicles to plants located in the landscaped area. The minimum unpaved area per tree shall be 200 square feet.
(H) No shrubs shall be located within any vehicle overhang area (area two feet beyond curb or wheel stop at the head of a parking space).
(I) Each parking space shall be no further than 60 feet from a tree constituting part of the required landscaped area.
(J) (1) The plantings that constitute required landscaping shall be properly installed and maintained in order to fulfill the purpose for which it is established. Required trees shall be selected from the approved species list found in § 155.101 of this chapter. Required shrubs shall be selected for healthy growth under local climate conditions and are not highly prone to disease, and from an approved species found in § 155.101 of this chapter. Plant materials shall be planted in accordance with generally recommended and accepted planting and growing practices. The owner of the property, and any tenant on the property where landscaping is required shall be jointly and severally responsible for the maintenance of all required landscape materials. Such maintenance shall include all actions necessary to keep the landscaped areas free of litter and debris; to keep plantings healthy; to keep growth from interfering with safe vehicular or pedestrian travel or use of parking areas; or from creating any nuisances to adjoining properties.
(2) Any vegetation that constitutes part of the required landscaping shall be replaced in the event that it dies. All landscaping materials shall be protected from damage by erosion, motor vehicles or pedestrians.
(K) Use of existing trees or shrubs to satisfy the off-street landscaping requirements of this section is strongly encouraged. If such existing landscaping is used and consists of mature and semi-mature trees, the Zoning Administrator shall have the authority to reduce the amount of required landscaping by up to 50%. In no instance shall any paved area within the parking area extend closer to any existing tree used for landscaping than its drip line.
(L) After the effective date of this chapter, a certificate of occupancy shall not be issued for any use located on a lot(s) upon which screening and/or landscaping is required, unless such screening and landscaping is provided on said lot(s) as herein specified.
(M) It is recognized that vegetation used in landscaping or screening should be planted at certain times of the year to ensure the best chance of survival. In order to ensure compliance with this section and to reduce the potential expense of replacing landscaping or screening materials which were installed in an untimely or improper fashion, in lieu of requiring the completion and installation of these improvements prior to occupancy, the town may enter into an agreement with the subdivider/developer whereby the subdivider/developer shall agree to complete all required landscaping and screening. To secure this agreement, the subdivider/developer shall provide to the town one of the following guarantees. The amount of such guarantee shall be equal to 1.25 times the cost of purchasing, installing and completing landscaping and screening materials required under this chapter. All such guarantees shall be subject to the approval of the Town Council and shall be made payable to the town. The subdivider/developer shall provide either one or a combination of the following guarantees.
(1) Surety performance bond(s). The subdivider/developer shall obtain a performance bond(s) from a surety company authorized to do business in the state. The duration of the bond(s) shall be until such time as the improvements are accepted by the Town Council.
(2) Cash or equivalent security.
(a) The subdivider/developer shall deposit cash, an irrevocable letter of credit or other instrument readily convertible into cash at face value, either with the town or in escrow with a financial institution designated as an official depository of the town.
(b) If cash or other instrument is deposited in escrow with a financial institution as herein provided, the subdivider/developer shall then file with the town an agreement between the financial institution and himself or herself guaranteeing the following:
1. Said escrow account shall be held in trust until released by the Town Council and may not be used or pledged by the subdivider/developer in any matter during the term of the escrow; and
2. In the case of a failure on the part of the subdivider/developer to complete said improvement, the financial institution shall, upon notification by the town and submission by the town to the financial institution of a landscape architect’s estimate of the amount needed to complete the improvements, immediately either pay to the town the funds estimated to complete the improvements, up to the full balance of the escrow account, or deliver to the town any other instruments fully endorsed or otherwise made payable in full to the town.
(3) Default. Upon default, meaning failure on the part of the subdivider/developer to complete the required improvements in a timely manner as spelled out in the performance bond or escrow agreement, then the surety, or the financial institution holding the escrow account, shall, if requested by the Town Council, pay all or any portion of the bond or escrow fund to the town up to the amount needed to complete the improvements based on a landscape architect’s estimate. Upon payment, the Town Council, in its discretion, may expend such portion of said funds as it deems necessary to complete all or any portion of the required improvements. The town shall return to the bonding firm any funds not spent in completing the improvements. Should the amount of funds needed to complete the installation of all required improvements exceed the amount in the bond or escrow account, the subdivider/developer shall nonetheless be responsible for providing the funds to cover such costs. The subdivider/developer shall at all times bear the financial burden for the installation of all required improvements. A lien shall be attached to the property if the subdivider/developer fails to provide the full financial responsibility under this section.
(4) Release of guarantee security. The Town Council may authorize the Town Clerk to release a portion of any security posted as the improvements are completed and approved by the town. Such funds shall then be released within ten days after the corresponding improvements have been so approved.
(Ord. passed - -, § 7.1.13)