1295.04   WALLS AND EARTH BERMS.
   (a)   The following standards apply to walls and earth berms:
      (1)   Continuous earth berms shall be provided with undulating horizontal and vertical top and sides, the height of which shall be no less than required for a wall in the district. Earth berms may consist of opaque screen plantings within the horizontal berm depressions, masonry walls or a combination of both as long as the minimum required height of the earth berm, plantings, walls or combinations thereof is provided.
      (2)   Berms shall be landscaped earth mounds possessing a maximum slope ratio of three to one (three feet of horizontal plane for each one foot of vertical height). Side slopes shall be designed and planted to prevent erosion. The berms shall have a nearly flat horizontal area at their crests of at least two feet in width.
      (3)   Berm or earth mound slopes shall be protected from erosion by sodding or seeding. If slopes are seeded, they shall be protected with a straw mulch held in place by jute netting until the seed germinates and a permanent lawn is established. The straw mulch is not required if the seeded slope is protected by a net which is specifically designed to control erosion. The berm area shall be kept perpetually free of weeds, refuse, debris and general clutter, shall be planted with shrubs, trees or lawn and shall be continuously maintained in a healthy growing condition. Failure to maintain the earth berm area in accordance with these requirements shall constitute a violation of this Zoning Code.
      (4)   In those instances where the Planning Commission and the Township Board permit an earth berm or landscaped greenbelt in lieu of a wall, a detailed drawing of the proposed berm, greenbelt or other barrier shall be submitted in addition to the site plan.
      (5)   Required walls, earth berms or a greenbelt shall be located as nearly as possible to the lot lines, except where underground utilities interfere and except in instances where this Zoning Code requires conformance with front yard setback lines in abutting Residential Districts.
      (6)   Such walls, earth berms and/or greenbelt shall have no openings for vehicular traffic or other purposes, except as otherwise provided in this subsection.
      All walls herein required shall be constructed of materials approved by the Township Department of Building to be durable, weather-resistant, rustproof and easily maintained.
      Masonry walls or earth berms may be constructed with openings which do not, in any square section (height and width), exceed 20% of the surface. Where walls or earth berms are so pierced, the openings shall be spaced so as to maintain the obscuring characteristic required and shall not reduce the minimum height requirement. The arrangement of the openings shall be reviewed by the Planning Commission and approved by the Township Board.
      (7)   Required walls may, upon recommendation of the Planning Commission and approval of the Township Board, be located on the opposite side of an alley right of way from a nonresidential zone that abuts a residential zone upon agreement with affected property owners. Such agreements shall be indicated on the site plan and recorded as a covenant upon the land. The continuity of the required wall on a given block will be a major consideration of the Planning Commission and Township Board in reviewing such requests.
      (8)   Upon review of the site plan, the Planning Commission may recommend to the Township Board a waiver of any part or all of the wall, earth berm or greenbelt requirements, if it is determined that the intended screening effect of the wall, earth berm or greenbelt would serve no useful purpose. Planning Commission may also recommend to the Township Board to substitute the required masonry wall for a six foot high vinyl fencing where they determine it is appropriate.
      (9)   If the Planning Commission and Township Board should determine that a Residential District may be a future nonresidential area, temporary waiver of the requirements of this section, for an initial period not to exceed 12 months may be granted, provided that escrow money or a surety bond in the amount of the estimated cost for erection of the wall or earth berm is filed with the Township for a period not to exceed five years. Granting of waivers, subsequent to the first waiver, shall be permitted.
(Ord. Passed 10-30-23.)