(A) Intent and purpose (general).
(1) To encourage the preservation of existing trees and vegetation;
(2) To assist with noise reduction, glare and heat abatement;
(3) To provide visual buffering and enhance the beautification of the town;
(4) To safeguard and enhance property values and to protect public and private investment;
(5) To provide habitat for living things that might not otherwise be found in urban and suburban environs.
(B) Application. The requirements of this section shall apply to all uses of land, buildings and structures located within the town Zoning Jurisdiction which are not exempted in subparagraph (2) below.
(1) The following areas are required to be landscaped:
(a) Street yards;
(b) Vehicular parking areas;
(c) Transitional areas between non-residential and residential uses; and
(d) Trash dumpster and container areas.
(2) The landscaping requirements shall not apply to:
(a) A detached single-family dwelling on its own separate lot;
(b) A two-family dwelling on its own separate lot; or
(c) Existing uses and building, including repairs, or improvements to the interiors and exteriors of existing buildings which do not result in expansions or square footage.
(C) Landscaping plan approval. Whenever an application is filed with the town for a zoning permit for any use of land to which these landscaping requirements apply, the application shall be accompanied by a landscape development plan. The plan shall be in sufficient detail to enable the Town Zoning Administrator to determine whether or not the plan, when fully implemented, shall include at a minimum the following specific information:
(1) The locations, dimensions and descriptions of all area to be landscaped, including buffers, screens and fences;
(2) The locations, species, spacing and size (height and caliper) of proposed trees that are required;
(3) The locations, species (as appropriate), spacing and sizes of planting materials and fences that are proposed to serve as required screens and buffers;
(4) The locations, dimensions and descriptions of any barriers to be installed at the time to protect trees and plants; and
(5) A description of proposed means for watering and soil stabilization for planted areas.
(D) General requirements and conditions.
(1) A conditional certificate of occupancy may be issued by the Zoning Administrator for the temporary use and occupancy of a building, structure or land for a maximum period of 180 days from the date of the issuance of the certificate whenever the landscaping requirements of this chapter are not complied with on time for the intended use and occupancy of a building, structure or land. Should these landscaping requirements not be complied with in full upon the expiration of the conditional certificate of occupancy, the use of the property for which the certificate was issued shall be discontinued and further use of the property beyond the expiration date of the certificate shall constitute an illegal use and occupancy of the property.
(2) It is not the intent of this section to prevent the use of a material or method of construction not specifically prescribed by this section, especially whenever a stream, natural rock formation or other physiographic obstacles make conventional compliance extraordinarily difficult or impossible. Alternate materials and methods may, therefore, be utilized to satisfy these requirements, provided that any proposed alternate is suitable for the purpose intended, and is at least the equivalent of that specifically prescribed by this section in quality, effectiveness, durability, hardiness and performance. The Zoning Administrator may require that sufficient evidence and data be submitted to substantiate any claim that may be made in this regard.
Caliper of Existing Tree | # Required Trees |
2-inch to 6-inch | 1 large maturing tree |
6-inch to 12-inch | 2 large maturing trees |
12-inch to 18-inch | 3 large maturing trees |
18-inch to 24-inch | 4 large maturing trees |
Over 24-inch | 5 large maturing trees |
(a) Existing trees which meet or exceed the minimum standards, as established herein, may be used to satisfy these requirements, and an allowance for the preservation of existing trees may be applied at the following rate:
(b) In order to qualify for the above table, each existing tree to be preserved must be uniformly encircled with an effective protected ground area which shall extend at least seven feet from the base of the tree trunk in all directions, or at least one foot per inch of caliper of the tree trunk measured at grade, whichever is greater.
(3) During construction, all protected ground areas shall be clearly marked and identified on the site by effective barriers, such as a fence at least three feet high using 2X4 posts not more than ten feet apart with one by four horizontal rails and/or covered with orange polyethylene laminar safety fencing, or other effective barriers. No credit will be allowed if there is any encroachment of construction, construction activity or construction materials within the protected ground area.
(4) Landscaping shall not obstruct the view of motorists using any street, private drive, parking aisle or other approaches to street intersections so as to constitute a condition endangering the public safety upon any such street, driveway, parking aisle or street intersection.
(5) All required planting and landscaped areas shall be maintained at all times in good, stable and healthy condition.
(E) Specific landscaping requirements.
(1) Street yards.
(a) It is the intent of this section to encourage a landscape planting area, hereinafter called a "street yard", adjacent and parallel to the street right-of-way, but not within it, and containing plantings of trees, and which shall be grassed, and/or mulched with organic material and may contain other plantings of shrubs and/or flowers.
(b) The purpose of street yards is to provide a more pleasing view from the ways of travel, to provide for a continuity of vegetation throughout the zoning jurisdiction of the town, to reduce the amount of impervious surface and storm water runoff, to filter air, provide shade and otherwise improve the microclimate of the streets.
1. Each street yard should contain at least one large maturing tree or two small maturing trees for every 50 linear feet of street yard, or fraction thereof, as measured from the corners of the lot, and the trees shall be located so that at least one such tree will be within each 75 linear feet of street yard. Where the trees are to be grouped, or clustered, large maturing trees shall be spaced at least 20 feet apart, trunk to trunk, and small maturing trees shall be spaced at least 12 feet apart, trunk to trunk. Large maturing trees in a side yard shall be planted at least ten feet from any common property line.
2. A large maturing tree shall mean any tree, evergreen or deciduous, which normally grows to an average mature height of at least 35 feet, and shall have a caliper of at least one and one half inches and a minimum height of eight feet at planting in accordance with AAN (American Association of Nurserymen) standards. Addendum A included a list of recommended tree species.
3. Large maturing tree species shall not be planted under overhead utility lines.
4. Adequate wheel stops or curbs shall be installed for the protection of required trees and plantings that are located or expected to grow to any point within five feet of a vehicular parking area. The wheel stops or curbs shall be a minimum of six inches in height and shall be adequately anchored to the ground, and may be concrete, rot-resistant heavy timbers or other effective materials.
(2) Vehicular parking area. A vehicular parking area is an outdoor open area on a lot where motor vehicles are parked. The intent of this section is to provide for trees and planting areas within or adjacent to the vehicular parking areas in order to modify and reduce visual, environmental, and aesthetic effects of the areas. These requirements have been developed to reduce the rate of storm water runoff in paved areas; provide shade, noise management, aid in the filtering of air from gaseous pollutants, and other beneficial environmental effects; provide for live vegetation, a more pleasing view from the ways of travel, and from nearby properties and to break the visual blight created by large expanses of vehicular parking area.
(a) All vehicular parking areas shall be provided with at least one large maturing tree for each 2,000 square feet, or fraction thereof, including drives. The trees shall be located and arranged so that no tree trunk will be more than 75 feet from a designated vehicular parking space. For up to 25% of the number of large trees required, two small maturing trees may be substituted for one large maturing tree.
(b) The trees shall be planted within planting areas (i.e. islands) having a minimum of 300 square feet of contiguous growing areas and a minimum dimension of seven feet for each large maturing tree; and a minimum of 200 square feet of contiguous growing area and a minimum dimension of five feet for each small maturing tree. Plantings on the perimeters of the parking area shall satisfy this requirement.
(c) Required planting areas shall contain planting soil suitable for the plantings and conditions, and shall be grassed and/or mulched with organic material so that no bare ground is exposed. The areas may contain other plantings of shrubs or flowers.
(d) Large maturing trees shall not be planted under overhead utility lines.
(e) Adequate wheel stops or curbs shall be installed for the protection of trees and other plantings that are located or expected to grow to any point within five feet of a vehicular parking area, including drives and the like: the wheel stops or curbs shall be a minimum of six inches in height and shall be adequately anchored to the ground, and may be of concrete, rot resistant heavy timbers, or other effective materials.
(3) Screening.
(a) Any non-residential use located in either the HC, IND or PS Districts and located on property abutting any R-1 or R-2 Residential District, unless separated by a public street right-of-way, shall provide a screening device as described below.
(b) The screening device shall be provided along the full length of any common property line and shall be maintained as long as the conditions requiring the original installation exists, even if active operations cease.
(c) The requirement for the installation of a screening device shall be initiated by the occurrence of any one or more of the following activities on the non-residential property:
1. The initial use, development or occupancy of the non-residential property;
2. Any change in use or occupancy of the non-residential property which results from a change in the zoning classification of the nonresidential property; and/or
3. Any building expansion that increases the floor area of the nonresidential use or any addition of parking that provides ten or more spaces, whether required or not.
(d) The screening device shall be provided by the non-residential use even if the abutting residentially zoned land is vacant.
(e) For the purpose of this section, the following definition shall apply unless the context clearly indicates or requires a different meaning.
SCREENING DEVICE. A screen that is at least 90% opaque from the ground to a height of at least six feet. The screen is intended to block visual contact between uses and to create a strong impression of spatial separation. The screen may be composed of a wall, fence, landscaped earth berm, planted vegetation, or existing vegetation. Compliance of planted vegetative screens or natural vegetation will be judged on the basis of the average mature height and density of foliage of the subject species, or field observation of existing vegetation. In any case where vegetation, either existing or proposed, is to be used as the required screening device, if the vegetation is to be less than ten feet in width (thickness), a fence, wall or similar device at least 50% opaque and six feet in height shall be used in combination with the vegetation. In all cases, the screen must be at least 90% opaque in all seasons of the year. Planted vegetation must be a minimum of four feet high and one inch in caliper, measured six inches above grade, when planted. Existing vegetation must be equivalent. In no case shall the screening device required by this section interfere with visibility at intersections or with visibility at entrances and exits at public streets. Any trees within the ten foot required buffer yard width may be included in the screening devise.
(4) Trash container and dumpster screens/buffers. The large metal boxes commonly known as "dumpsters" are a type of "trash container" as such term is used herein. These "dumpsters" are, however, referred to in this section by specific name for purposes of emphasis and clarity. It is the intent of this section to provide for visual screens and/or buffers between trash container and dumpster locations and all street rights-of-way and adjoining properties.
(a) Trash containers and dumpsters shall not be located in the front yard of any property and shall be screened from view on all sides, except for one opening not greater than ten feet across in width to allow for service access. A screen that is at least 90% opaque from the ground to a height of at least eight feet shall be required. The screen is intended to block visual contact and to create a strong impression of spatial separation. The screen may be composed of a wall, fence, planted vegetation, or existing vegetation.
(b) Screens and/or buffers intended to satisfy this requirement shall be as approved by the Town Manager. Existing dumpsters on town property or street rights-of-way will not be grandfathered.
(Ord., Art. XI, § 1110, passed - -)