§ 153.255 PROTECTION OF REGULATED TREES.

   (A)   (1)   The Board of Aldermen recognizes the importance of adequately protecting trees during the construction phase of developments. To this end, no excavation or other subsurface disturbances may be undertaken within the critical root zone of a tree. The critical root zone is defined as the ground area around a tree trunk with a radius (in feet) that is twice the diameter of the tree (in inches) measured at breast height (e.g., a ten-inch diameter tree requires a 20-foot radius of protection). Said critical root zone shall be marked by means of a barrier fence that meets the design construction standards contained in §§ 153.285 through 153.290.

      (2)   In cases where, because of utility extension, sidewalk installation or other site improvements, it is neither prudent nor possible to avoid land disturbance activity in the critical root zone area, the developer shall, upon consultation with the Zoning Administrator and town groundskeeper, be responsible for providing the town with a root disturbance mitigation plan which shall outline a specific course of action for minimizing damage to a tree's root system.

   (B)   If space that would otherwise be devoted to parking cannot be so used because of the requirements of division (A) above and, as a result, the parking requirements set forth in §§ 153.205 through 153.217 cannot be satisfied, the number of required spaces may be reduced by the number of spaces "lost" up to a maximum of 15% of the required spaces.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.256 SHADE TREES IN PARKING AREAS.

   (A)   (1)    Vehicle accommodation areas that are required to be paved hereby must be shaded by canopy type trees (either retained or planted by developer).

      (2)   When trees are planted by the developer to satisfy the requirements of this division (A) above, the developer shall choose trees that meet the standards set forth in §§ 153.285 through 153.290.

   (B)   For purposes of achieving the objectives of this section, parking lots shall be designed so that one tree planting area is provided for every ten parking spaces (as further outlined herein).

   (C)   Trees planted or retained shall be located in an area of at least 162 square feet of unpaved pervious area (the equivalent of one standard nine feet by 18 feet parking space).

   (D)   Vehicle accommodation areas shall be laid out and detailed to prevent vehicles from striking trees. Vehicles will be presumed to have a body overhang of three feet six inches.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

PLANTING

§ 153.270 DEFINITION.

   For purposes of this subchapter, the term PLANTING shall mean any live plant material such as trees, shrubs, ground cover and grass used in spaces void of any impervious material or building structure, areas left in their natural state or areas where mulch is used as ground cover.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.271 BOARD FINDINGS CONCERNING THE NEED FOR PLANTING REQUIREMENTS.

    The Board of Aldermen finds that:

   (A)   Planting has an important impact on better control of flood problems, soil erosion, air and noise pollution and making the town a healthier, safer and more aesthetically pleasing place in which to live and work;

   (B)   Planting is an invaluable physical, aesthetic and psychological element of the urban setting, making urban life more comfortable by providing shade and cooling;

   (C)   Planting can serve as screening which can provide an impression of separation of spaces and a greater sense of privacy from visual or physical intrusion;

   (D)   Planting has an important role in filtering wastewater passing through the ground from the surface to groundwater tables and lower aquifers;

   (E)   For the reasons indicated in division (B) above, planting has an important impact on the desirability of land and consequently on property values; and

   (F)   The provisions of this part are necessary to safeguard the public health, safety and welfare.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.272 COMPLIANCE WITH PLANTING REQUIREMENTS.

   (A)    A planting plan on all commercial, office and institutional, industrial, multi-family, planned unit developments and non-residential uses in a residential district shall be required according to the following minimum specifications:

      (1)   Of developments less than one acre, 20% of the total lot area shall be planted;

      (2)   Of developments of one acre or more, 25% of the total lot area shall be planted;

      (3)   Of developments of two acres or more, 20% of the total lot area shall be planted; and

      (4)   Of developments of three acres or more, 15% of the total lot area shall be planted.

   (B)   Planting plans shall be prepared by a landscape architect licensed in the state or persons with a minimum of three years' experience in the preparation of planting plans for commercial developments. Planting plans shall be drawn at the same scale as the site plan or larger. Said planting plan may be found on the site plan.

   (C)   All areas that call for grass planting on a planting plan shall be planted in accordance with generally accepted practices.

   (D)   Parking areas in all commercial, office and institutional, industrial, multi-family, non-residential uses in a residential district and planned unit developments which have ten or more parking spaces shall be planted as follows.

      (1)   (a)   For every ten spaces provided, one planting area of not less than nine feet by 18 feet shall be required. This area shall either be spaced between each ten parking spaces or otherwise randomly combined or spaced within the parking area to provide a planting area which shall be planted consistent with good design standards as provided in this subchapter.

         (b)   The intent of this division (D)(1) is to provide uniform planting of trees and other plant material within a parking area, rather than have all required planting space combined into one area or along the perimeter of the parking lot.

      (2)   Subject to § 153.256, there shall be one tree no less than two inches in caliper for each nine feet by 18 feet planting area. The type of tree and the planting must be consistent with good design standards as provided in this subchapter and §§ 153.285 through 153.290.

      (3)   Each planting area provided in accordance with division (D)(1) above may be counted as one parking space when computing the number of parking spaces required by §§ 153.205 through 153.217.

      (4)   Shrubbery, hedges and other live plant material may be used to complement the tree planting, but shall not be substituted for the tree.

      (5)   Landscape plantings used in parking areas as required in this division (D) and § 153.256 of this chapter may be used in satisfying the planting requirements of division (A) above.

   (E)   The owners, their heirs and assigns shall be responsible for protecting and maintaining all planting in a healthy growing condition, replacing it when necessary, and keeping it free of refuse and debris.

   (F)   All planting plans shall provide the following general information.

      (1)   Approximate locations of all required plant material to be planted on the site.

      (2)   Information on the quantity and caliper of all trees to be planted or retained on the site.

   (G)   The Chief Building Inspector may not issue a permanent certificate of occupancy for an approved site-specific development plan or part thereof, until all required seeding, trees and plant material have been placed in accordance with the approved planting plan. A temporary certificate of occupancy may be issued for a period of up to 180 days under extenuating circumstances that would affect the seeding or planting of the site or until the proper planting season is reached to complete the planting requirements. The Zoning Administrator may require the developer to provide an irrevocable letter of credit to the town to cover the costs of planting prior to the Building Inspector's issuance of a temporary certificate of occupancy.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

GUIDE FOR LANDSCAPING

§ 153.285 GUIDE FOR PROTECTING EXISTING TREES.

   (A)    Section 153.253 provides for the retention and protection of regulated trees when land is developed.

   (B)   To improve the chances of survival of existing trees, the following guidelines have been established:

      (1)   Protect trees with fencing and armoring during the entire construction period in accordance with § 153.290;

      (2)   Avoid compaction of the soil around existing trees due to heavy equipment. Do not pile dirt or other building materials and equipment in the critical root zone of the tree;

      (3)   Keep fires or other sources of extreme heat well clear of existing trees; and

      (4)   Injured trees must be thoroughly watered during the ensuing growing year.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)

§ 153.286 STANDARDS FOR STREET AND PARKING LOT TREES.

   (A)   Trees planted in compliance with the requirements of §§ 153.255 and 153.256 shall have most or all of the following qualities.

   (B)   The trees recommended in § 153.290 represent the best combinations of these characteristics:

      (1)   Hardiness;

      (2)   Resistance to extreme temperatures;

      (3)   Resistance to drought;

      (4)   Resistance to storm damage;

      (5)   Resistance to air pollution;

      (6)   Resistance to insects and disease;

      (7)   Ability to survive physical damage from human activity;

      (8)   Foliage and branching;

      (9)   Wide-spreading habit; and

      (10)   Relatively dense foliage for maximum shading.

(Ord. passed 4-9-2013; Ord. 2021-03, passed 6-8-2021)