(A) Applicability.
(1) Buffer strip plantings, street trees, and parking lot trees and shrubs are required for developments within the town limits.
(2) (a) The following developments are required to be in full compliance with this section.
(b) New residential development, including additions, exceeding more than 500 square feet of roof coverage, and all nonresidential development, including special uses; and
(3) New parking spaces or lots shall comply with the provisions of § 153.064.
(B) Landscape and grading plan required. Applicants are advised to meet with town staff in order to review all ordinance requirements and procedures and receive a copy of the plan checklists. As required in § 153.034, a landscape and grading plan meeting town requirements shall be reviewed and approved prior to any grading.
(C) Tree replacement requirements. The following tree replacement requirements are in place for all developments as defined in division (A)(2).
Table 1 - New Construction Tree Replacement Requirements
| ||||||||
Size of tree removed (DBH) | Inside setback area | Outside setback area | ||||||
Protected | Unprotected | Protected | Unprotected | |||||
Qty | Size | Qty | Size | Qty | Size | Qty | Size | |
Table 1 - New Construction Tree Replacement Requirements
| ||||||||
Size of tree removed (DBH) | Inside setback area | Outside setback area | ||||||
Protected | Unprotected | Protected | Unprotected | |||||
Qty | Size | Qty | Size | Qty | Size | Qty | Size | |
6"-12" | 1 | 2" | 1 | 2" | 1 | 2" | x | x |
13"-18" | 2 | 2" | 1 | 2" | 2 | 2" | 1 | 2" |
19"-36" | 2* | 3" | 2 | 2" | 2 | 3" | 2 | 2" |
36"+T | 2** | 4" | 2* | 3" | 2 | 4" | 2 | 3" |
* Must include a minimum of three screening/buffering trees as defined in RPL ** Must include a minimum of five screening/buffering trees as defined in RPL T If removed trees include identified trees of preference (TOP) species, replanting requirements will follow 36"+ DBH requirements | ||||||||
(D) Alternative compliance.
(1) The landscape requirements are intended to set minimum standards for quality development and environmental protection and are not intended to be arbitrary or inhibit creative solutions. Site conditions or other reasons may justify the need to request an alternate method of compliance with the landscape requirements. The Board of Adjustment, in consultation with the Design Review Board, may alter the requirements of this section as long as the existing or added landscape features of the development site comply with the intent of this chapter.
(2) Requests for alternative compliance shall be accepted if one or more of the following conditions are met.
(a) Topography, geologic features, drainage channels or streams, existing natural vegetation, overhead or underground utilities, or other conditions make it unreasonable or meaningless to plant a buffer or meet other landscape requirements;
(b) Space limitations, unusually shaped lots, unique relationships to other properties, and/or prevailing practices in the surrounding neighborhood (such as use of a specific type of vegetation) may justify alternative compliance when changing the use type of an existing building in an established mature neighborhood; or
(c) An alternative compliance proposal is equal or better than normal compliance in its ability to fulfill the intent of the ordinance, and exhibits superior design quality.
(3) The property owner must submit a plan of the area for which alternative compliance is requested to the Town Manager 14 days prior to the meeting of the Design Review Board at which the request will be considered. The site plan shall show existing site features and any additional material the property owner will plant or construct to meet the intent of the buffer, street tree, and parking lot tree requirements.
(4) In addition, the applicant must submit a written statement explaining and justifying the need for alternative compliance. Upon recommendation from the Design Review Board following their review, alternative compliance plan shall then be considered by the Board of Adjustment. Alternative compliance shall be limited to the specific project being reviewed and shall not establish a precedent for acceptance in other cases.
(Ord. 2023-07, passed 10-9-2023)