The intention of this article is to improve the appearance of all yards, off-street parking areas and service areas in the City of Brigantine. Its purpose is to protect and preserve the character and value of the surrounding neighborhoods, thereby promoting the general welfare. The unique Brigantine shore and beachfront environment shall be maintained, enhanced and improved through the implementation of good landscaping practices in the development, installation and construction of buffer area and select screening devices and plantings.

All residential lots shall have a minimum of 40% of the lot landscaped, with a minimum of 30% of the front setback area being natural landscape. All areas not occupied by buildings, parking areas, patios, walkways and/or any other impervious surface shall be suitably landscaped with natural living plant materials. No landscaping shall interfere with required sight triangles. Such landscaping minimum of 40% may be reduced to the minimum extent required to accommodate stairs, steps, ADA-compliant ramps and related elements providing access to the first floor necessary to conform with lowest floor requirements. In no case, however, shall such percentage be lower than 30% of the lot.

Off-street parking areas. All areas used for the parking of any and all types of vehicles, boats or heavy-construction equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon which vehicles traverse the property as a function of the primary use, including but not limited to activities of a drive-in nature such as, but not limited to, automobile service stations, drugstores and supermarkets, banks, restaurants and the like, shall conform to the minimum landscaping requirements hereinafter provided, save and except areas used for parking or other vehicular uses under, on or within buildings, and parking areas serving one- and two-family uses as normally such residential areas are voluntarily landscaped.

All areas of transition between either buildings, structures or uses having different visual and scenic characteristics shall conform to the minimum landscaping requirements contained in this article.

For all original construction or enlargement of detached housing, two trees shall be planted per frontage. For multifamily dwellings one tree per unit shall be planted. For duplex units, four trees shall be planted. A suggested list of tree species is detailed at the end of this chapter. Required trees shall be located only in the front of the house and shall be no closer than 20 feet to the street corners. The minimum caliper size at planting shall be 2.5 inches to 3.0 inches.

Any landscaping which, within two years of planting, dies for any reason shall be replaced by the developer(s) or by the current owner at their sole expense.

In all single-family and duplex districts, grass, or permeable decorative pavers, at the homeowner's option, shall be maintained between the sidewalk line and the curbline. All applications for development shall provide this grass strip if previously removed.

Buffer strips along off-street parking areas.

Accessways and driveways. Necessary accessways from the public street through all such landscaping shall be permitted to service the parking or other vehicular use areas, and such accessways may be subtracted from the linear dimension used to determine the number of trees required.

General areas. All property other than the required landscaped strip lying between the street and off-street parking area or other vehicular use area shall be landscaped with at least grass or other ground cover.

Nonresidential and residential areas. Where a side or rear nonresidential or multifamily development lot line coincides with a residential lot line, a 15-foot-wide buffer strip shall be provided along the side and rear property lines of the nonresidential or multifamily project so as to furnish a visual barrier and to provide protection between the structures, buildings and uses.

Extension of use areas. Where a commercial use is extended into a residential zone district in accordance with § 198-29, Extension of use area, a 15-foot-wide buffer strip shall be provided along either side or rear property lines abutting the residential zone or within the extended use area so as to furnish a visual barrier between the structures, buildings and uses.

Minimum widths. Buffer strips shall be a minimum of 15 feet in width, unless waived by the Planning Board.

Restricted use. Buffer strips shall be from buildings, structures, accessory buildings, signs, accessways, off-street parking areas, outdoor storage areas, recreational facilities or any other uses.

Screening required.

Location of screening. Such landscape barrier shall be located between the common lot line and the off-street parking area or other vehicular use area exposed to the abutting property, provided that the purpose of screening off-street parking area and other vehicular use areas is accomplished. If such barrier consists all or in part of plant materials, such plant materials shall be planted in a planting strip of not less than 2 1/2 feet in width. In addition, one tree shall be provided for each 75 linear feet in such landscape barrier or fractional part thereof. Such trees shall be located between the common lot line and the off-street parking area or other vehicular use area. Each shade tree shall be planted in at least 25 square feet of planting area with a minimum dimension of at least five feet. Each such planting area shall be landscaped with grass, ground cover or other landscape material, excluding paving, in addition to the required trees.

Exceptions. The provisions of Subsection B shall not be applicable in the following situations:

Minimum landscaping requirements.

Minimum landscaped area requirement for property containing both parking areas and other vehicular use areas. Where the property contains both parking areas and other vehicular use areas, the two types of areas may be separated for the purpose of determining the other vehicular use area by first multiplying the total number of parking spaces by 400 and subtracting the resulting figure from the total square footage of the paved area.

Minimum landscaped area requirements.

Vehicular encroachment. The front of a vehicle may encroach upon any interior landscaped area when said area is at least 3 1/2 feet in depth per abutting parking space and protected by wheel stops or curbing. Two feet of said landscaped area may be part of the required depth of each abutting parking space.

Applicability of sight triangle requirements. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two or more streets, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three feet and six feet; provided, however, that trees having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross-visibility area shall be allowed, provided that they are so located so as not to create a traffic hazard. Landscaping except required grass or ground cover shall not be located closer than three feet from the edge of any accessway pavement.

Description of sight triangles. The triangular areas above referred to are:

Existing plant material. In instances where healthy plant material exists prior to its development, in part or in whole, for purposes of off-street parking or other vehicular use areas, the Planning Board may adjust the application of these standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intent of this section.

Plant materials used in conformance with provisions of this chapter shall conform to the Standards of the American Standard of Nursery Stock.

Every effort will be made to use native and indigenous species of the region in the landscape. This promotes the natural environment, provides familiar nourishment for native animals and insects, and helps to reduce requirements for supplemental watering and feeding. See list below:

Trees.

Shrubs and hedges.

Vines. Vines shall be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences, screens or walls to meet physical barrier requirements as specified.

Ground cover. Ground covers used in lieu of grass, in whole or in part, shall be planted in such a matter as to present a finished appearance and reasonably complete coverage within three months after planting.

Lawn grass.

Installation. All landscaping shall be installed in a sound workmanlike manner and according to accepted good planting procedures with the quality of plant materials as described in § 198-97, Plant material. All elements of landscaping, exclusive of plant material except hedges, shall be installed so as to meet all other applicable ordinances and code requirements.

Inspection. The Building Inspector or his representative shall inspect all landscaping, and no certificate of occupancy or similar authorization will be issued unless the landscaping meets the requirements of this section and/or the specifications of the final plan.

Irrigation systems. All landscaped areas shall be provided with a readily available water supply with at least one outlet located within 150 feet of all plant material to be maintained.

Maintenance. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris.