(A) Purpose and intent. It is the intent of the city to promote the health, safety and welfare of its existing and future residents by establishing minimum standards to:
(1) Protect, preserve and promote the aesthetic character of the roadway network and surrounding neighborhoods;
(2) Improve environmental quality through reduction of visual pollution, improved air quality, and reduction of storm water runoff;
(3) Mitigate impacts created between incompatible land uses; and
(4) Enhance the community's natural resources through tree preservation and increased green space.
(B) Applicability. The provisions of this section shall apply to the following activities:
(1) Any new building, structure, or impervious surface (including gravel) used for vehicles;
(2) Expansion or reconstruction of an existing building footprint, structure or impervious surface used for vehicles by 20% or greater;
(3) Any subdivision of land resulting in the creation of three or more lots from a single parent tract over any period of time.
(C) Definitions. For the purpose of this section the following definitions shall apply unless the context clearly indicates or requires a different meaning.
LANDSCAPE BUFFER AREA (LBA). An area set aside to accommodate the required landscape and screening materials. No buildings, accessory structures or parking shall occur within the LBA.
LANDSCAPE ISLAND. A curbed planting area located in or immediately adjacent to a vehicular use area used to mitigate the environmental and visual impacts of the impervious surface.
TREE PROTECTION AREA (TPA). An existing tree area to be preserved and counted towards the tree requirements.
TREE PROTECTION FENCE. A durable, highly visible barrier, at least four feet in height, used to demark trees or tree masses to be protected during the construction process. Typically a plastic mesh fence, commonly known as "snow fence" is used.
VEHICULAR USE AREA (VUA). An impervious surface used for vehicular movements such as a parking lot, loading area or drive lane. Surfaces include: asphalt, concrete, clay pavers and compacted gravel.
(D) Materials standards. The following standards shall apply to all plant material used to satisfy the requirements of this chapter:
(1) Trees and shrubs shall meet the minimum requirements of the American Standard for Nursery Stock (ANSI Z60.1, Latest Edition) as published by The American Nursery and Landscape Association. Trees roots are preferred to be balled and burlapped. The planting minimum for trees is one growing season in a five-gallon container. Shrubs shall be well-rooted in a three-gallon container or greater.
(2) Deciduous trees at the time of planting shall be a minimum of 1.5 inches in diameter measured four feet from the ground. Evergreen trees shall be a minimum of six feet tall at the time of planting.
(3) Shrubs shall be a minimum of 24 feet tall at the time of planting.
(4) Trees used to meet Street Tree requirements shall be reviewed and approved by the Seymour City Engineer.
(5) Up to one third of the trees selected to meet VUA landscape requirements may be of a variety considered to be ornamental (such as Flowering Dogwood). No trees used to meet VUA landscape requirements may be fruit producing (such as apple trees).
(6) Plants used to meet code requirements that are lost, damaged, or die shall be permanently maintained and replaced with a similar species at the landowner's expense.
(E) Technical standards. The technical standards contained in this chapter represent the minimum requirements for buffer areas and plant material. Plant material provided for any development proposal beyond the minimum standards listed below is encouraged and is not subject to the review and approval process.
(1) Landscape buffer areas (LBAs) shall be provided for all common property boundaries as indicated in the table below. LBAs shall not be required within the CBD Zoning District.
(2) Street trees are required for any new subdivision or new development site where adjacent to an existing or proposed right-of-way. Street trees shall be planted at a rate of one tree for every linear 75 feet for non-residential zones and at a rate of one tree for every 50 feet for residential zones. Trees may be grouped or staggered but shall not be planted closer than 25 feet apart. (See the following figures.)
(3) One tree per 400 square feet of vehicular use area (VUA) shall be provided within landscape islands or immediately adjacent to VUAs. Trees shall be generally distributed throughout the VUA and not concentrated in just a few small areas. Landscape islands shall be a minimum of 150 square feet in area and nine feet in width.
Minimum Required Plant Material
Proposed use/zone | Adjoining use/zone | Minimum LBA | Required plant material (along common boundary |
Office/retail | Residential | 10 feet | Trees per technical standards plus a six feet continuous screen1 |
Any | Street | 5 feet (Zero feet in CBD) | Trees per technical standards |
Multi-family | Single-family | 10 feet | Trees per technical standards |
Industrial/utility facility | Residential | 15 feet | Trees per technical standards plus a six feet continuous screen1 |
Industrial | Office/retail | 10 feet | Trees per technical standards plus a six feet continuous screen1 |
1 Continuous screen shall consist of a hedae, fence, wall, earth mound, or combination thereof that creates a visually continuous barrier. Evergreen trees may be used to satisfy both the tree and screen requirements.
Non-Residential Requirements
(4) Trees for the property perimeter may be planted in the right-of-way as a street tree with the permission of the Seymour Board of Public Works and Safety.
(5) Existing trees in good health greater than four inches in diameter can be counted toward the total trees required for a site. Every four inches of diameter may be applied toward one required tree (i.e., an existing tree in good health with a 12 inch diameter measured four feet from the ground would equal three required new trees).
(6) Shrubs that will reach a minimum height of three feet shall be planted adjacent to all VUAs where parking is visible from a public/private street or a residential use or zone. Shrubs used to meet this requirement shall be planted a maximum of five feet apart and shall create a visually continuous screen at maturity.
Residential Landscape Requirements
(7) Plants shall be kept three feet from edge of any VUA as protection from vehicle overhang.
(8) Plants greater than three feet in height shall not to be planted with in the sight distance triangle (measured from the edge of the drive lanes) at intersections and access points.
(9) Dumpsters shall be screened on at least three sides with either wood fencing or masonry walls to establish a visually opaque screen so as not to be visible from the street or adjacent properties. Screening shall be constructed a height of six feet or 12 feet above the height of the dumpster, which ever is greater. The dumpster enclosure materials shall be consistent with or complementary to the building materials of the primary structure.
(10) Loading/unloading areas shall be screened from adjacent properties with either evergreen plantings (six feet in height or greater at installation), wood fencing, a masonry wall, or some combination thereof.
(11) Utility pedestals/transformers, air conditioning units or similar equipment shall be screened to establish a visually opaque screen so as not to be visible from the street or adjacent properties.
Where plantings are used to satisfy this requirement, they must be able to achieve a mature height at least equal to the height of the item being screened.
(F) Tree protection. Existing trees used to meet tree requirements shall meet the following criteria:
(1) Shall be healthy (less than 15% dead branches, no visible wounds or girdling roots, and free from obvious signs of disease.)
(2) Shall be four inches in diameter or greater, measured four feet from ground level. Trees smaller than four inches may still be preserved, but will not count toward the required tree plantings.
(3) Tree protection fence shall be erected three feet beyond the canopy to form a tree protection area (TPA) prior to any construction activity.
(4) No material storage, parking, grading, fill or other construction activity shall take place inside of the TPA.
(5) The tree protection fence may be removed only after all construction is completed.
(6) Removal understory plants, weeds and groundcovers inside the TPA may take place after the tree protection fencing is removed. Care shall be taken to minimize damage to surface roots. Replanting of the TPA with sod, annuals, perennials or mulch is permitted.
(7) Should a preserved tree that was used to meet these tree planting requirements die, the tree shall be re-planted with a similar tree species. If the size of the existing tree allowed for that tree to count as more than one required tree, a comparable number of replacement trees shall be installed.
(G) Timing of installation. All plant material used to meet these requirements shall be planted prior to occupancy or, when no structure is involved, prior to use. When weather conditions preclude the timely installation of the landscape materials, planting may be delayed for a period not to exceed six months, provided that a financial guarantee in an amount equal to 110% of the installed cost of the materials is posted with the city prior to occupancy or use of the site.
(H) Maintenance. All landscaping shall be properly maintained. Dead plant materials shall be replaced in a timely manner, and landscaped areas shall be kept free of weeds and debris. Failure to maintain landscaping properly shall constitute a violation of this chapter.
(Ord. 17, 2006, passed 11-17-2006)