It is recognized that a vegetative landscape is desirable throughout the town. The conservation and planting of vegetation serves to enhance our cultural and physical environment. With landscaping, the appearance of our business, residential and industrial zones is improved, as is the natural beauty of the less developed areas. Vegetation also provides protection against environmental degradation. The converse is also true. Uncontrolled cutting or destruction of trees and vegetated areas can damage the cultural and physical environment. It is appropriate therefore to regulate landscaping through this chapter in the interests of protecting public health, safety and welfare. It is the intent of these regulations to promote the planting and preservation of landscape materials in order to achieve the following goals:

(1)

Enhance the outward appearance of all developed sites;

(2)

Create greater property value;

(3)

Provide screening between incompatible land uses;

(4)

Protect ground water and air quality;

(5)

Provide shade and windbreaks for conservation of energy;

(6)

Reduce damage due to ultraviolet radiation, noise pollution and light pollution;

(7)

Decrease erosion and flood damage;

(8)

Enhance the beauty of vehicular and pedestrian transportation corridors;

(9)

Buffer unsightly development.

(Zoning Ord. 2003, § 18.1-920.01)

All landscaping shall be installed by the first planting season following the issuance of a certificate of occupancy. Thereafter, landscaping shall be maintained in a healthy condition by the current owner or property owners' association and replaced when necessary. If at any time the vegetation is not maintained in accordance with the plan such action shall be a violation of the zoning ordinance and subject to article XV of this chapter.

(Zoning Ord. 2003, § 18.1-920.02)

A landscape plan shall be required as a precedent to final site plan or subdivision approval for the following:

(1)

All commercial and industrial development including expansions;

(2)

All entryways and common areas, including the areas along new streets, in residential subdivisions;

(3)

All other developments if deemed appropriate by the commission and the zoning administrator due to a perceived compromising of the above-mentioned goals in section 24-689(1) through (9);

(4)

Designated town street tree areas are subject to additional regulations for those areas.

(Zoning Ord. 2003, § 18.1-920.03)

All information shown on the plan shall be in compliance with this section and include the following:

(1)

The location, size and species of all proposed plant materials;

(2)

Existing trees or wooded areas that are being preserved in lieu of new materials in order to satisfy landscaping and screening requirements. In such cases, the landscape plan shall indicate the species and size of trees to be saved; limits of clearing; location and type of protective fencing; grade changes requiring tree wells or walls; and trenching or tunneling proposed beyond the limits of clearing;

(3)

Any unique amenities such as natural features and scenic or historic vistas.

(Zoning Ord. 2003, § 18.1-920.04)

The following minimum standards shall apply to any proposed plantings, retention of vegetation and screening:

(1)

Any existing tree used to meet the requirements of this article must be at least three inch caliper, in healthy condition and be protected from construction activity;

(2)

Removal of healthy trees over 18 inches in caliper shall be prohibited except in the building footprint area, construction activity area, rights-of-way or private drives, utility easements and septic areas;

(3)

One tree per 15 feet of street frontage and one shrub per five feet of street frontage shall be planted in creative groupings. The width of entrances at their narrowest point shall be deducted from the street frontage distance for the purpose of this section. The trees may be a combination of evergreens and large and small deciduous trees, and both trees and shrubs must meet the size requirements below. The construction of flower/mulch beds of a total area of at least 100 square feet may be planted in exchange for a tree as stated above;

(4)

Shade trees shall be a minimum 1½ inches caliper (measured six inches above ground level) when planted. Ornamental or flowering street trees shall be a minimum of one-inch caliper when planted. Evergreen trees for screening shall be a minimum four feet in height when planted. Shrubs for screening shall be a minimum 24 inches in height when planted. Shrubs for street planting shall be a minimum 18 inches in height when planted;

(5)

Planting islands shall contain a minimum of 50 square feet per tree, with a minimum dimension of five feet in order to protect the landscaping and allow for proper growth;

(6)

Trees that obstruct traffic sight lines shall be limbed up to a height of eight feet.

(Zoning Ord. 2003, § 18.1-920.05)

Parking lots consisting of five spaces or more:

(1)

Interior landscaping shall include a minimum of one shade tree per ten parking spaces or portion thereof. Interior landscaping shall be located in reasonably dispersed planting islands or perimeter areas. Shrub plantings adjacent to a building shall not be counted as interior landscaping;

(2)

Additional plantings along public streets: When a parking lot is located such that the parked cars will be visible from a public street, then additional landscaping of low street shrubs shall be required between the street and the parking lot. Shrubs shall be in a single row planted five feet on center;

(3)

Screening of parking lots shall not be counted toward the interior landscaping requirement.

(Zoning Ord. 2003, § 18.1-920.06)

The following requirements shall apply to screening:

(1)

When required, screening shall consist of a planting strip, existing or new vegetation, wall, fence, earthen berm or combination thereof. Where only vegetative screening is provided, such screening strip shall not be less than 20 feet in depth. Vegetative screening shall consist of a double staggered row of evergreen trees planted 15 feet on center, or a double staggered row of evergreen shrubs planted ten feet on center. When a fence or wall is provided, it shall be a minimum of six feet in height and plantings shall be required along such fence or wall. Earthen berms shall be a minimum of three feet in heights;

(2)

Screening shall be required in the following instances:

a.

Commercial and industrial uses and manufactured home parks shall be screened from adjacent residential and rural area districts;

b.

Parking lots consisting of five spaces or more shall be screened from adjacent residential and rural area districts;

c.

Objectionable features including, but not limited to, the following uses shall be screened from adjacent residential and rural area districts and public streets:

1.

Loading areas;

2.

Refuse areas;

3.

Storage yards;

4.

Retention ponds; and

5.

Recreation facilities determined to be of objectionable character.

d.

The zoning administrator and commission may require screening of any use, or portion thereof, upon determination that the use would otherwise have a negative visual impact on a property listed on the bona fide historic landmarks register.

(Zoning Ord. 2003, § 18.1-920.07)

In addition to other provisions of this article, a minimum tree canopy shall be provided in accordance with this section. The term "tree canopy" or "tree cover" shall include all areas of coverage by plant material exceeding five feet in height at a maturity of ten years after planting.

(1)

The following minimum canopy requirements shall apply:

a.

Ten percent canopy of a site to be developed with commercial, office or industrial uses;

b.

Ten percent canopy of a residential site to be developed at a gross density of five dwelling units per acre or more;

c.

15 percent canopy of a residential site to be developed at a gross density of less than five dwelling units per acre.

(2)

In the calculation of land area subject to this section, the following areas may be deducted at the option of the developer:

a.

Farm land or other areas devoid of woody material at the time of adoption of the ordinance from which this section is derived;

b.

Recreation areas;

c.

Open space areas;

d.

Land dedicated to public use;

e.

Playing fields and recreation areas attendant to schools, childcare, and the like;

f.

Ponds or lakes;

g.

Areas required for the preservation of wetlands, floodplain, or other areas required to be maintained in a natural state by this chapter or other applicable law;

Deductions provided above shall be cumulative but shall not be duplicative.

(3)

Where existing trees are maintained, a canopy bonus shall be granted as follows:

a.

The canopy area shall be calculated at ten years of additional maturity;

b.

The resultant area shall be multiplied by a factor of 1.25.

(Zoning Ord. 2003, § 18.1-920.08)

The applicant may propose an increase in landscaping and site beautification, or relocation of parking to the rear of the building in exchange for a larger building site, setback alterations, or reduction in parking requirements. Once an agreeable solution has been reached with the commission, it shall give a favorable recommendation for a variance to the board of zoning appeals.

(Zoning Ord. 2003, § 18.1-920.09)

(a)

Suggested street and shade trees are: Green Ash, Red Maple, Sugar Maple, Red Oak, Willow Oak, Japanese Pagoda Tree, Littleleaf Linden, Silver Linden, Zelkova, Yellowwood, Sycamore, European Plane Tree, Sweet Gum.

(b)

Suggested Ornamental or flowering trees are: Amur maple, Dogwood, Washington Hawthorn, American Plum, Serviceberry, Redbud, Shadblow, Deciduous Magnolia, Fringe Tree.

(c)

Suggested evergreen or flowering shrubs are: English Yew, Japanese Yew, Azalea, Chinese Holly, Rhododendron, Obelia, Cotoneaster, Forsythia, Viburnum, Winged Euonymus, Flowering Quince, Gray Owl Juniper.

(d)

Suggested screening is: Cedar, Austrian Pine, Norway Spruce, American Holly, Arborvitae, Foster Holly, White Pine, Leland Cyprus.

(e)

Suggested flowers are: Daylily, Daffodil.

(f)

Other alternative species may be approved by the town.

(Zoning Ord. 2003, § 18.1-920.10)