§ 157.065 LANDSCAPING.
   (A)   Purpose. The landscaping and screening requirements specified herein are intended to foster aesthetically pleasing development which will protect and preserve the appearance, character, health, safety and welfare of the community. Specifically, these regulations are intended to increase the compatibility of adjacent uses, and, in doing so, minimize the harmful impact of noise, dust and other debris, motor vehicle headlight glare or other artificial light intrusions, and other objectionable activities or impacts conducted or created by an adjoining or nearby use.
   (B)   Enforcement of landscape requirements. Wherever the submission and approval of a landscape plan is required by this chapter, such landscape plan shall be an integral part of any application for an improvement location permit. No improvement location permit shall be issued without town approval of a landscape plan as required herein. Failure to implement the approved landscape plan shall be cause for revocation of the occupancy permit.
   (C)   Landscape plan.
      (1)   Landscape plan required. A landscape plan shall be required for all exterior construction and development activity. Such landscape plan shall be drawn in conformance with the requirements specified in this section. Landscape plans must be approved by the Zoning Administrator prior to the issuance of a building permit for exterior construction and development. The construction of detached single-household and two-household residences shall be exempt from this requirement.
      (2)   Content of landscape plan. All landscape plans submitted for approval shall contain or have attached thereto the following information:
         (a)   The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and rights-of-way, sidewalks, bicycle paths, ground signs, refuse disposal areas, bicycle parking areas, fences, freestanding electrical equipment, tot lots and other recreational facilities, and other freestanding structural features as determined necessary by the Administrator;
         (b)   The location, quantity, size and name, both botanical and common names, of all proposed planting materials;
         (c)   The location of existing buildings, structures and plant materials on adjacent property within 100 feet of the site;
         (d)   Existing and proposed grading of the site, including proposed berming, indicating contours, at one-foot intervals;
         (e)   Specification of the type and boundaries of all proposed ground cover;
         (f)   The location, quantity, size and name, both botanical and common names, of all existing planting materials;
         (g)   Elevations of all fences proposed for location on the site; and
         (h)   Elevations, cross-sections and other details as determined necessary by the Administrator.
   (D)   Selection, installation and maintenance of plant materials.
      (1)   Selection.
         (a)   Planting materials used in conformance with the provisions of this section shall be of good quality, of a species normally grown in the state, and capable of withstanding the extremes of individual site microclimates.
         (b)   Size and density of plant material, both at the time of planting and at maturity, are additional criteria which must be considered when selecting plant materials.
      (2)   Installation. All landscaping materials shall be installed in accordance with the current planting procedures established by the American Association of Nurserymen.
      (3)   Maintenance.
         (a)   Responsibility. The owner of the premises shall be responsible for the maintenance, repair and replacement of all landscaping materials and barriers, including refuse disposal areas, as may be required by the provisions of this section.
         (b)   Landscaping materials. All landscaping materials shall be maintained in good condition so as to present a healthy, neat and orderly appearance, and plant material not in this condition shall be replaced when necessary and shall be kept free of refuse and debris.
         (c)   Fences and walls. Fences, walls and other barriers shall be maintained in good repair.
   (E)   Design criteria. Landscape plans described above shall be prepared based on the following design criteria. The evaluation and approval of landscape plans shall also be based on these design criteria.
      (1)   Scale and nature of landscaping material. The scale and nature of landscaping materials should be appropriate to the size of the structures. Large scaled buildings, for example, should generally be complemented by larger scaled plants.
      (2)   Selection of plant material. Plant material should be selected for its form, texture, color and concern for its ultimate growth. The use of weak-wooded and nuisance species, including but not limited to silver maples, box elders, Russian olives, tree of heaven, mulberry, Lombardy poplars, cottonwood, honey locusts and other similar species shall be avoided.
      (3)   Evergreens. Evergreens should be incorporated into the landscape treatment of a site, particularly in those areas screening parking lots from dedicated public rights-of-way or property zoned for residential use.
      (4)   Shade trees. All shade trees shall have a minimum trunk size of two and one-half inches in diameter upon installation, as measured six inches above the established ground level.
      (5)   Softening of walls and fences. Plant material should be placed intermittently against long expanses of building walls, fences and other barriers to create a softening effect.
      (6)   Planting beds. Planting beds should be mulched with bark chips, feather rocks or similar materials.
      (7)   Detention/retention basins and ponds. Detention/retention basins and ponds shall be landscaped. Such landscaping should include shade and ornamental trees, evergreens, shrubbery, hedges and/or other planting materials.
      (8)   Watering plant material. A permanent means of watering plant material should be provided. Installation of an automatic underground sprinkling system is recommended.
      (9)   Energy conservation.
         (a)   Deciduous trees should be placed on the south and west sides of buildings to provide shade from the summer sun.
         (b)   Evergreens and other plant materials should be concentrated on the north side of buildings to dissipate the effect of winter winds.
      (10)   Preservation of existing plant material. Existing plant material should, wherever practical as determined by the Zoning Administrator, be incorporated into the landscape treatment of a site.
      (11)   Berming. Earthen berms and existing topography should be, whenever determined practical by the Zoning Administrator, incorporated into the landscape treatment of a site, particularly when combined with plant material to facilitate screening.
   (F)   Right-of-way landscaping.
      (1)   Applicability. Where a parcel abuts a dedicated public right-of-way, landscaping shall be provided in accordance with the provisions of this section.
      (2)   Graded and sodded. The unpaved portion of a public right-of-way shall be fine graded and sodded.
      (3)   Parkway trees.
         (a)   Quantity. Parkway trees shall be provided at the equivalent of not more than 40 feet apart in the right-of-way adjacent to the parcel.
         (b)   Spacing. Such trees may be clustered or spaced linearly in the right-of-way as determined appropriate by the Administrator.
         (c)   Size. Parkway trees shall have a minimum trunk size of two and one-half inches in diameter, as measured six inches above the established ground level.
         (d)   Species. Parkway trees shall be limited to the following species. However, a variety of compatible species from this list should be included in the planting plan for a specific site or development:
            1.   Linden;
            2.   Maple (excluding silver maple and other similar softwood species);
            3.   Hackberry;
            4.   Oak;
            5.   Ash; and
            6.   Other species of appropriate trees.
         (e)   Other landscape material. No plant material or barriers, except as specified herein, may be located in a dedicated public right-of-way.
   (G)   Parking lot landscaping.
      (1)   Applicability. All parking lots designed for 75 or more parking spaces, as specified in §§ 157.180 through 157.183 shall provide landscaping in accordance with the provisions of this section. Smaller parking lots shall provide landscaping as deemed appropriate by the Administrator.
      (2)   Interior parking lot landscaping.
         (a)   Area required. Not less than 10% of the interior of a parking lot shall be devoted to landscaping.
         (b)   Landscaped areas. The landscaped areas defined in division (G)(2)(a) above, shall be delineated and improved in conformance with the following:
            1.   Interior parking lot landscaping areas (planting islands) shall be dispersed throughout the parking lot in a design and configuration satisfactory to the Administrator;
            2.   Interior parking lot landscaping areas shall be a minimum of 120 square feet in area and shall be a minimum of seven feet in width, as measured from back of curb to back of curb; and
            3.   Landscape material: the plant material used to improve the landscape areas defined above shall conform to the following:
               a.   Type. The primary plant materials used in parking lots shall be shade tree species in conformance with division (E)(2), (E)(3) and (E)(4) above. Ornamental trees, shrubbery, hedges and other plant materials may be used to supplement the shade tree plantings, but shall not be the sole contribution to such landscaping.
               b.   Quantity. One shade tree shall be provided for every 120 square feet of landscaping area.
               c.   Ground cover. A minimum of 50% of every interior parking lot landscaping area shall be improved with approved ground cover, as determined appropriate by the Administrator.
      (3)   Perimeter parking lot landscaping. Where a parking lot is located within a required yard, or within 20 feet of a lot line, perimeter landscaping shall be required along the corresponding edge of the parking lot in conformance with the following provisions.
         (a)   Landscape area. Where perimeter landscaping is required, it shall be provided within landscape areas at least five feet in width, as measured from the back of curb and excluding any parking space overhang area.
         (b)   Requirements along front and corner side yards.
            1.   Across from residential property. Where a parking lot is located across a dedicated public right-of-way from property zoned for residential use the following landscape improvements shall be required.
               a.   Plant material. Continuous landscaping of evergreen or dense deciduous shrubs shall be provided across 100% of the street frontage to a minimum height of four feet. The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet. In addition, shade or ornamental trees shall be provided within this landscape area, with the number of trees not less than one tree per 50 feet of frontage with the number of trees required, rounded to the nearest whole number. Additional plantings may be provided, subject to the approval of the Administrator. Plantings may not be sited so as to restrict the view of traffic or so as to impede on-coming ingress or egress from the site.
               b.   Ground cover. Except where occupied by planting beds, all landscaping areas located in front and corner side yards shall be sodded or planted with another comparable ground cover as determined appropriate by the Administrator.
            2.   Across from nonresidential property. Where a parking lot is located across a dedicated public right-of-way from property zoned for nonresidential use the following landscape improvements shall be required.
               a.   Plant material. Landscaping of evergreen or dense deciduous shrubs shall be provided across 50% of the street frontage to a minimum height of four feet. The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet. Additional plantings may be provided, subject to the approval of the Administrator.
               b.   Ground cover. Except where occupied by planting beds, all landscaping areas located in front and corner side yards shall be sodded or planted with another comparable ground cover as determined appropriate by the Administrator.
         (c)   Requirements along rear and interior side yards.
            1.   Plant material. Where a parking lot abuts property zoned for residential use, the requirements of divisions (G)(3)(a) and (G)(3)(b) shall apply. Where a parking lot abuts property zoned for nonresidential use, landscaping shall be provided across 50% of that portion of the parking lot abutting the property line to a minimum height of four feet. The height of such shrubs may be reduced if berming is provided so that the combined height of shrubs and berming is not less than four feet. Such plantings shall be concentrated into shrub masses, typically containing seven to nine shrubs per shrub mass. Additional plantings may be provided, subject to the approval of the Administrator.
            2.   Ground cover. Except where occupied by planting beds, all side and rear yard perimeter parking lot landscaping shall be sodded, seeded or planted with another comparable ground cover, as determined appropriate by the Administrator.
(Ord. 1997-1, § 130.3(A), passed 1-22-1997)