A. General
1. DPS must not issue a final certificate of occupancy until all trees and plant material have been installed and satisfy Division 6.4.
2. DPS may issue a temporary certificate of occupancy for a period of up to 6 months if planting of the site is impractical, or until the proper planting season to complete the landscaping requirements occurs.
3. Landscaping and lighting must satisfy any applicable design guidelines or streetscape standards.
5. All landscape plans and related documentation must be prepared by a licensed landscape architect.
6. Species included on the Maryland Invasive Species Council's list of invasive aquatic or terrestrial plants must not be used for landscaping.
B. Landscaping Elements
1. Plant Material
a. Any landscaping must be installed under the accepted standards of the American Standard for Nursery Stock, latest edition, as published by the American Association of Nurserymen.
b. Plant material must be true to name, variety, and size and must satisfy all applicable provisions of the American Standards for Nursery Stock, latest edition.
c. Mature plant size is based on the Manual of Woody Landscape Plants, Stipes Publishing, latest edition.
2. Canopy Trees
a. Defined
A canopy tree is a large deciduous tree, typically 40 to 70 feet tall at maturity, with a minimum spread (canopy) of 30 feet. A canopy tree typically has only a single trunk.
b. Size at Time of Planting
Any canopy tree within an open space area, screening area, or surface parking lot must have a minimum caliper of 2 inches or a minimum height of 14 feet when planted.
3. Understory Trees
a. Defined
An understory tree is a small deciduous tree, typically less than 30 feet tall at maturity. Many understory trees have multiple trunks.
b. Size at Time of Planting
i. Any single trunk understory tree located in an open space area, screening area, or surface parking lot must have a minimum caliper of 1.5 inches or a minimum height of 10 feet when planted.
ii. Any multi-trunk understory tree located in an open space area, screening area, or surface parking lot must have a minimum of 3 main stems, each with a minimum caliper of 1.5 inches per stem, or a minimum height of 10 feet, when planted.
4. Evergreen Trees
a. Defined
An evergreen tree (conifer), typically more than 40 feet tall at maturity.
b. Size at Time of Planting
Any evergreen tree located in an open space area, screening area, or surface parking lot must be a minimum of 8 feet in height when planted, measured from the top of the root ball to the tip of the highest branch.
5. Shrubs
a. Defined
i. A large shrub must be of a species that is expected to grow to a minimum height of 8 feet.
ii. A medium shrub must be of a species that is expected to grow to a minimum height of 4 feet.
iii. A small shrub must be of a species that is expected to grow to a minimum height of 2 feet.
b. Size at Time of Planting
i. A large shrub located in an open space area, screening area, or surface parking lot must be in a container with a minimum volume of 5 gallons or be balled and burlapped.
ii. A medium shrub located in an open space area, screening area, or surface parking lot must be in a container with a minimum volume of 3 gallons or be balled and burlapped.
iii. A small shrub located in an open space area, screening area, or surface parking lot must be in a container with a minimum volume of one gallon.
C. Fences and Walls
1. Measurement of Height
Fence or wall height is measured from the lowest level of the grade under the fence or abutting a wall.
2. Height and Placement
a. A fence, wall other than retaining wall, terrace, structure, shrubbery, planting, or other visual obstruction on a corner lot in a Residential zone can be a maximum height of 3 feet above the curb level for a distance of 15 feet from the intersection of the front and side street lines.
b. A deer fence on a corner lot in a Residential zone must not be located closer to the street than the face of the building.
c. A wall or fence must not be located within any required drainage, utility or similar easement, unless approved by the agency with jurisdiction over the easement.
3. Exemptions from Building Line and Setbacks
Building line and setback requirements do not apply to:
a. deer fencing:
i. in an Agricultural or Rural Residential zone; or
ii. behind the front building line for property in a non-Agricultural or non-Rural Residential zone unless the property adjoins a national historical park;
b. a retaining wall where changes in street grade, width, or alignment have made such structures necessary;
c. any other wall or fence that is not on a property abutting a national historic park and is:
i. 6.5 feet or less in height when not abutting a Commercial/Residential, Employment, or Industrial zone; or
ii. 8 feet or less in height when the fence abuts:
(A) a Commercial/Residential, Employment, or Industrial zone; or
(B) a master planned right-of-way for a rail line; or
(C) any service road that provides access to a master planned right-of-way for a rail line;
d. a rustic fence on a property abutting a national historical park;
e. any boundary fence behind the front building line, if the property is located within 100 feet of a parking lot in a national historical park; and
f. deer fencing and any other fence that is 8 feet or less in height, if the property is farmed and agriculturally assessed.
D. Failure to Maintain Landscaping
1. If the owner of a landscaped area fails to maintain the area according to the standards of Section 6.4.3, the County may issue a notice of violation to the property owner, allowing the property owner 90 days to correct the deficiency. Refer to Division 7.8, Violations, Penalties, and Enforcement for additional procedures.
2. The County may recover the cost of enforcement from the property owner, including reasonable attorney's fees. The County may also, following reasonable notice and a demand that deficiency of maintenance be corrected, enter the landscaped area to maintain the area. The party with primary responsibility for maintenance of the landscaped area must reimburse the County for the work.
(Legislative History: Ord. No. 18-08, § 22; Ord. No. 18-37, § 1; Ord. No. 19-01, § 1.)