(A) New development, changes of use or substantially expanded structures shall provide landscape and buffer areas as provided in this subchapter.
(B) The following items are suitable for screening purposes individually or in combination with each other; provided, they create a dense screen, and are subject to review and approval by the Building Commissioner.
(1) Walls and fences. Walls and fences are subject to the conditions found here and in § 156.363 of this chapter.
(a) When walls or fences are used to fulfill screening requirements, they shall be detailed on the plan. They are to be constructed of weather resistant materials. This includes pressure treating or painting of lumber if it is not redwood or cedar and using aluminum or galvanized hardware. Chain link fences with or without wooden or synthetic slat material shall not be permitted to satisfy buffering requirements.
(b) Any wall or fence used for buffering shall be constructed so that the finished, or most visually appealing side of the wall or fence, is facing the adjacent property.
(2) Plants.
(a) Plant materials used in conformance with the provision of this subchapter shall conform to the standards of the American Association of Nurserymen and shall have passed any inspection required under state regulations. Trees shall be balled and burlapped or in containers. Shrubs, vines and ground covers shall be balled and burlapped or in containers. The height of all trees shall be measured from the top of the root ball to the top of the tree mass.
(b) Nursery stock identification tags shall not be removed from any planting prior to inspection and approval of final installation by the town.
1. Deciduous trees. Deciduous trees shall have a minimum caliper of at least two inches with a single central leader, for large and medium trees, conforming to acceptable nursery industry procedures at the time of planting. If deciduous trees are to be used for screening purposes, additional materials listed in § 156.468 of this chapter must be used to create a dense buffer.
2. Evergreen trees. Evergreen trees shall be a minimum of five feet in height at the time of planting and shall be unsheared, full and branched to the ground. Evergreen plantings used for screening shall be designed to provide an effective, dense screen within four years after the date of final approval of planting.
3. Shrubs and hedges.
a. Shrubs and hedges used for screening shall be at least two-thirds of their mature height, but never less than 24 inches in height at the time of planting. All shrubs and hedges used for screening shall be designed to provide an effective, dense screen and mature height within four years after the date of the final approval of planting.
b. The height at installation of the planting shall be measured from the level of the surface of the plant base at the edge closest to the screening.
4. Grass or ground cover. Grass shall be planted in species normally grown as permanent lawns in the county. In swales or other areas subject to erosion, solid sod, erosion reducing net or suitable mulch and temporary seeding shall be used for immediate protection until complete coverage otherwise is achieved. Grass sod shall be clean and free of weeds and noxious pests or diseases. Grass shall be sown or placed in any area not landscaped or paved. Ground cover shall be planted in such a manner as to provide 75% complete coverage after two growing seasons.
5. Existing plant material.
a. Existing vegetation shall be preserved, as much as feasibly possible, in accordance with acceptable nursery industry procedures.
b. The Plan Commission may approve a landscape plan which utilizes existing vegetation in lieu of new plantings; providing, the landscape plan:
i. Demonstrates that sufficient trees or landscape vegetation shall be preserved to equal or exceed the requirements of this subchapter;
ii. Provides that, in the event the preserved vegetation is damaged or dies within one year of completion of construction on the site, equivalent replacement vegetation shall be planted to provide landscaping which, at a minimum, meets or exceeds the requirements of this subchapter.
6. Earth mounds. Earth mounds may be used as physical barriers which block or screen a view. A difference in elevation between areas requiring screening does not constitute an earth mound. Earth mounds shall be constructed of earthen materials and shall conform to the following standards.
a. The maximum side slope shall be three horizontal to one vertical (3:1) and the design shall be reviewed by the Building Commissioner to ensure that proper erosion prevention and control practices have been utilized.
b. Berms and earth mounds shall be designed with physical variations in height and alignment throughout their length, and shall not be a detriment to natural or proposed drainage ways.
c. The landscape plan shall show sufficient detail, including a plan and profile of the berm or earth mound, soil types and construction techniques to demonstrate compliance with the above provisions.
d. Berms and earth mounds shall be located and designed to minimize the disturbance to existing trees located on the site or adjacent thereto.
e. No part of any berm or earth mound which is elevated more than 30 inches above natural grade shall be located within ten feet of any right-of-way or property line.
f. Adequate ground cover shall be used and maintained to prevent erosion of the earth mound.
(3) Maintenance of buffer areas.
(a) All landscape materials shall be installed and maintained according to accepted nursery industry procedures. The owner of the property shall be responsible for the continued maintenance of all buffer and landscape materials, and shall keep them in a proper, neat and orderly appearance, free from refuse and debris at all times. All unhealthy or dead plant material shall be replaced within one year, or by the next planting period, whichever comes first, by plant material similar in size and type to that which was removed. The owner or developer must show a proof of maintenance plan which indicates how the established buffer areas and landscaping will be maintained.
(b) Violation of these installation and maintenance provisions shall be a violation of this chapter.
(4) Buffer establishment. Once a buffer as required in § 156.474 of this chapter has been approved by the Building Commissioner and established by the owner, it may not be used, disturbed or altered for any purpose other than for buffering purposes.
(5) Location of buffer. A required buffer area may be erected in the required yard as established by this chapter in § 156.474 of this chapter.
(Ord. passed 9-26-2006)