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Brewster City Zoning Code

SCREENING AND

BUFFERING

§ 153.340 PURPOSE.

   The purpose of this subchapter is to provide minimum standards involving the development of land to provide attractive views from roads and adjacent properties; to screen from view visually undesirable uses; to require screening between incompatible land uses and to protect the health, safety and welfare of the community through the reduction of noise, air and visual pollution, and headlight glare.
(Ord. 49-2019, passed 6-17-2019)

§ 153.341 APPLICABILITY.

   This subchapter shall apply to new property development and any collective substantial improvements of existing structures, except for: individual single-family dwellings, two and three family dwellings (duplexes), and parking lots of four spaces or smaller.
(Ord. 49-2019, passed 6-17-2019)

§ 153.342 GENERAL REQUIREMENT FOR SUBMISSION.

   Any property to which this subchapter applies shall submit a buffer-yard plan to the Planning Commission as part of a site plan review process. The site plan shall contain the following information:
   (A)   Plans must be at a reasonable scale to indicate all types of proposed landscaping improvements at a minimum of 1" = 20' and shall include the following minimum information:
      (1)   North arrow and scale.
      (2)   The name of applicant/owner.
      (3)   The name, address and phone number of the person or firm responsible for the preparation of the buffering plans.
      (4)   The dates the plans are submitted or revised.
      (5)   All existing and proposed buildings and other structures, paved areas, planted areas, utility poles, fire hydrants, light standards, signs, fences and other permanent features to be added and/or retained on the site.
      (6)   All existing plant material to be removed or retained and all new landscaping materials to be installed.
      (7)   All existing and proposed streets, sidewalks, curbs and gutters, railroad tracks, drainage ditches and other public or semi-public improvements within and immediately adjacent to the site.
      (8)   All property lines and easements.
      (9)   Any other information which is deemed appropriate by the Zoning Commissioner.
   (B)   Details shall be shown for the planting of the types of trees, shrubs and ground cover within the buffer-yard or landscaped area.
(Ord. 49-2019, passed 6-17-2019)

§ 153.343 APPROVAL.

   (A)   No site or development plan or zoning permit required under this Zoning Code shall receive final approval unless a landscaping plan has been submitted and approved.
   (B)   No zoning permit shall be issued unless the following criteria are fully satisfied with regard to the approved landscape plan:
      (1)   That the approved plan shall be fully implemented on the site; or
      (2)   Such plan, because of seasonal conditions, cannot be implemented immediately, but has been guaranteed by a postponed improvement agreement between the developer and the village.
(Ord. 49-2019, passed 6-17-2019)

§ 153.344 BUFFER-YARD STANDARDS.

   (A)   Maintenance of landscaping and buffer-yards. 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, or by the next planting period, whichever comes first. Violation of these installation and maintenance provisions shall be grounds for the village to refuse a zoning certificate, require replacement of the landscape material or institute legal proceedings to enforce the provisions of this section.
   (B)   Buffer-yard establishment. Once a buffer-yard has been approved by the Planning Commission and established by the owner, it may not be used, disturbed or altered for any other purpose.
   (C)   Quality and installation. All specifications for the quality of trees and shrubs shall be in accordance with the American Standard for Nursery Stock (ANSI Z60.1). Installation of trees and shrubs shall be in accordance with industry standards.
   (D)   Size.
      (1)   Canopy trees shall be deciduous trees with a minimum of 15 feet overall height and a minimum caliper of three inches when installed and have an expected height of at least 35 feet at maturity.
      (2)   Evergreen trees shall be a minimum of ten feet in height when installed.
      (3)   Understory trees shall be a minimum of 15 feet in height in clump form or three inch caliper in single stem form when installed.
      (4)   Shrubs shall be at least 30 inches in height and 24 inches in spread when installed.
   (E)   Screens. The objective of providing a screen is to visually hide whatever is behind the screen. The following standards for each screening material shall be required.
      (1)   Planting requirements. To be counted towards screening requirements, evergreen trees and evergreen shrubs shall be planted close enough to fulfill the objective as defined in this section. Recommended spacing to achieve this is as follows:
         (a)   Spreading evergreen trees should be planted eight feet on center. Narrow evergreen trees should be planted four feet on center. Designations of evergreen trees as spreading or narrow shall be certified by a licensed landscape architect or certified horticulturist.
         (b)   Evergreen shrubs should be planted at a maximum of three feet on center.
      (2)   Combination of materials. Plant material may be used in conjunction with fences, walls and berms but the overall effect shall be a continuous screen at maturity. Plants may be planted in rows or be staggered.
      (3)   Fences. Fences should be used where appropriate to create an effective screen between incompatible uses. Fences to be used as screens should be approved by the Planning Commission during review of the landscape plan and shall be in conformance with regulations as established in § 153.019(U).
(Ord. 49-2019, passed 6-17-2019)

§ 153.345 SCREENING AND BUFFERING REQUIRED.

   In order to provide protective screening and buffers for residential areas adjacent to nonresidential areas, the Planning Commission shall require a wall, fence and/or landscaping to be provided by the nonresidential property owner in accordance with the following:
   (A)   Screening areas shall be provided for the purpose of minimizing the friction between incompatible land uses and improving the aesthetic and functional quality of new development.
   (B)   Where vegetative and/or topographic conditions that provide a natural screening and buffer exist prior to development of properties in question, every effort shall be made to retain such conditions. In such cases, additional screening may not be required, provided that provision is made for maintenance of such areas.
(Ord. 49-2019, passed 6-17-2019)

§ 153.246 BUFFER-YARD REQUIREMENTS.

 
BUFFER-YARD REQUIREMENTS WHEN...
IS PROPOSED TO ABUTTING...
A MINIMUM BUFFER-YARD OF...
Any commercial, office, multiple family or institutional land use
Any residence zone or land use
A buffer-yard as specified in Figure 15A.
Any industrial land use
Any residence or commercial zone or land use
A buffer-yard as specified in Figure 15A.
Any parking lot
Any public right-of-way
A streetscape buffer as specified in Figure 15B
(Ord. 49-2019, passed 6-17-2019)

§ 153.347 MODIFICATION.

   The Planning Commission shall have the authority to modify any of the aforementioned requirements in this chapter. In considering an individual site with respect to changes in elevation, environmental impact, durability of plant material, aesthetic appeal, and any other factor that will develop a compatible buffer or screen with the surrounding neighborhood at the time of application.
Figure 15A Boundary Buffer-yard
 
Minimum Width of Buffer
Landscape Material Requirements per 1,000 linear feet
Evergreen Trees
Canopy Trees
Shrubs
10 feet
12
8
40
Notes:
1.   2 understory trees or 2 evergreen trees may be substituted for 1 canopy tree for up to 50% of the required canopy trees.
2.   A fence, wall or mounding 3 feet to 4 feet in height with 100% opacity may be used and can be substituted for 50% of the shrub requirements.
3.   All landscape material required for the buffer shall be confined to within the required landscape strip.
4.   The Planning Commission may modify the required plantings in their review of the landscape plan
Figure 15B Streetscape Buffer-yard
 
Minimum Width of Buffer
Landscape Material Requirements per 1,000 linear feet
Canopy Trees
Shrubs
10 feet
8
40
Notes:
1.   2 understory trees or 2 evergreen trees may be substituted for 1 canopy tree for up to 50% of the required canopy trees.
2.   A fence, wall or mounding 3 feet to 4 feet in height with 100% opacity may be used and can be substituted for 50% of the shrub requirements.
3.   All landscape material required for the buffer shall be confined to within the required landscape strip.
4.   The Planning Commission may modify the required plantings in their review of the Landscape Plan.
(Ord. 49-2019, passed 6-17-2019)