§ 153.194  BUFFERYARD MATERIALS AND STANDARDS.
   New development and expansion projects shall provide buffering yards as provided in § 153.193. Existing vegetation shall be preserved in accordance to acceptable nursery industry procedures. The following items are suitable for screening use individually or in combination with each other provided they create a dense screen, subject to review and approval by the Planning Commission.  Nursery stock identification tags shall not be removed from any planting prior to inspection and approval of final installation by the city.
   (A)   Walls and fences. When walls or fences are used to fulfill screening requirements, they shall be detailed on the plan. They are to be of weather-proof 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 when used to satisfy bufferyard requirements.
   (B)   Plants.  All plants are to be living and part of the acceptable plants list identified in this subchapter or identified as acceptable plant material for hardiness in this USDA Agricultural Zone and as approved by the Planning Commission.  Plant materials used in conformance with the provision of this section 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 can be planted as bare root as well as balled and burlapped or containers.  All trees shall be measured from the top of the root ball to the top of the tree mass.
      (1)   Deciduous trees.  Deciduous trees shall have a minimum caliper of at least three 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 this section must be used to create a dense bufferyard.
      (2)   Evergreen trees.  Evergreen trees shall be a minimum of eight feet in height at the time of planting and shall be unsheared, full and branched to the ground. Evergreen plantings shall be designed to provide an effective, dense screen within four years of planting.
      (3)   Shrubs and hedges.  Shrubs and hedges shall be at least 36 inches in height at the time of planting.  All shrubs and hedges shall be designed to provide an effective, dense screen and mature height of at least six feet within four years after the date of the final approval of each planting. 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 of the Fescue (Gramineak) or Bluegrass (Poaceae) family shall be planted in species normally grown as permanent lawns in southwest Ohio. 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, but in no circumstance shall planting be more than 12 inches on center to present a finished appearance. Rocks, pebbles, sand and similar materials are not approved ground cover.
      (5)   Earth mounds.  Earth mounds may be used as physical barriers which block or screen a view.  Differences 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 Planning Commission 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.
         (c)   Landscape plant material installed on berms and earth mounds shall be arranged in an irregular pattern to accentuate the physical variation and achieve a natural appearance.
         (d)   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.
         (e)   Berms and earth mounds shall be located and designed to minimize the disturbance to existing trees located on the site or adjacent thereto.
         (f)   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.
         (g)   Adequate ground cover shall be used and maintained to prevent erosion of the earth mound.
         (h)   Topsoil shall be placed over the all earth mounds at a depth of four inches to facilitate vegetation growth on the mound.
      (6)   Bedding surface. Any landscaped area shall not contain bare soil, aggregated stone or decorative rock. Any ground area shall be covered with hardwood mulch, grass or other vegetative ground cover. All plant material will be mulched with shredded hardwood mulch, or approved equal. Plant material massings will be incorporated into mulch beds.
   (C)   Maintenance of bufferyards and landscaping.
      (1)   All landscaping materials shall be installed and maintained according to accepted nursery industry procedures. The owner of the property shall be responsible for the continued property maintenance of all landscaping 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 of the certified date of planting, or by the next planting period, whichever comes first, by plant material similar in size and type to that which was removed.
      (2)   Violation of these installation and maintenance provisions shall be grounds for the Zoning Enforcement Officer to refuse the issuance of a zoning permit, require replacement of the landscape material or institute legal proceedings to enforce the provisions of this chapter.
      (3)   The owner or developer must provide a maintenance plan at the site plan review before Planning Commission which indicates how the established bufferyards and landscaping will be maintained.
   (D)   Bufferyard establishment.  Once a bufferyard has been approved by the Planning Commission and established by the owner, it may not be used, disturbed or altered for any purpose. No temporary or permanent structures shall be placed or erected within any required bufferyard areas. Approved bufferyard walls may be placed in the bufferyard areas.
(Ord. 09-3306, passed 10-15-09)