Brooklyn City Zoning Code
CHAPTER 1107
Landscaping and Buffering
1107.01 PURPOSE.
The purpose of this chapter is to establish regulations to protect and promote the public interest and welfare by requiring buffering between uses of different intensities, screening vehicle headlights from adjacent roads, and providing attractive views from rights-of-ways and adjacent properties. (Ord. 2022-34. Passed 1-9-23.)
1107.02 APPLICABILITY.
(a) This chapter shall apply to all new property development and substantial expansions of existing parking areas, except for single-family (attached and detached) dwellings, and two-family dwellings.
(b) Parking lots and parking lot expansions of less than fifteen (15) spaces are exempt from the requirements of this chapter.
(c) Substantial expansions of existing parking areas shall be defined as an addition of fifteen (15) or more off-street parking spaces. The landscaping regulations contained within this chapter shall apply to the expansion area only. The existing site and parking area will not be required to meet the regulations contained herein.
(d) Parking lot areas and parking spaces contained entirely within a parking garage shall not be subject to the landscaping regulations of this chapter.
(Ord. 2022-34. Passed 1-9-23.)
1107.03 LANDSCAPE PLAN REQUIRED.
Any new development the requires landscaping, per the previous applicability subsection, shall submit a landscape plan as part of a site plan application. Landscape plans shall be drawn to scale and shall include the following information:
(a) North arrow and scale bar;
(b) Name of applicant, owner, and preparer;
(c) Date the plans are submitted and revised;
(d) Existing and proposed improvements including buildings, structures, roads, parking areas, sidewalks, and other similar permanent improvements;
(e) Existing plant material to be removed or retained;
(f) Property lines and easements;
(g) A table showing the square footage of the internal parking and vehicular use area, the square footage of the landscape islands, the number of parking spaces provided, and the number and types of landscaping materials with their planting heights or size provided;
(h) Plan for the location of all landscaping materials;
(i) Irrigation plan, if applicable; and
(j) Any other information as requested by the Building Commissioner.
(Ord. 2022-34. Passed 1-9-23.)
1107.04 BUFFERING REQUIREMENTS.
The following table identifies the buffering requirements required between land uses of varying intensities.
TABLE 1107.04-1: BUFFERING REQUIREMENTS
When..... | Is Proposed to Abut...... | A minimum Buffering of....... |
Any multifamily dwelling use, non-residential use (including industrial), or mixed use development | A single-family dwelling (attached or attached), or two-family use | 10 feet wide side or rear yard that consists of one of the following:
(1) 1 deciduous tree planted every 30 lineal feet
+ a continuous row of minimum 6 feet high evergreen plantings;
(2) 6 feet wall or opaque fence + 1 deciduous tree planted every 30 lineal feet;
(3) A double row, staggered planting of minimum 6 feet high evergreen trees planted every 15 lineal feet; or
(4) A 40 feet wide, 6 feet tall earthen berm with deciduous trees planted every 30 lineal feet |
Any industrial use | Commercial, public, or institutional use | |
Any off-street parking lot for any multifamily dwelling use, non- residential use, or mixed
use development | The public right-of-way, public or private street, single-family dwelling (attached or detached),
or two-family use | 10 foot wide buffer that consists of 1 deciduous tree every 30 feet and shrubs planted every 3 lineal feet that are a minimum of 24 inches in height at the time of planting (1 tree minimum is required)
|
(Ord. 2022-34. Passed 1-9-23.)
1107.05 EASEMENTS, RIGHTS-OF-WAY, AND SETBACKS.
Required landscaping may be placed wholly or partially in utility or other easements provided that all requirements can be fulfilled and the holder of the easement(s) grants approval.
(Ord. 2022-34. Passed 1-9-23.)
1107.06 PLANT SPECIES.
The plant species used shall be identified as appropriate for this region on the United States Department of Agriculture's Plant Hardiness Zone Map and approved by the City. Invasive species to this region shall not be used.
(Ord. 2022-34. Passed 1-9-23.)
1107.07 PLANTING AND INSTALLATION REQUIREMENTS.
(a) Deciduous trees shall be planted at a minimum size of one and one-half (1.5) inches in diameter, measured six (6) inches above grade.
(b) Shrubs that are to be used in buffering or screening shall be planted a minimum size of twenty-four (24) inches in height. Shrubs used in the interior of parking areas, along building frontages, or in other such manners may be of any minimum height or size.
(c) Trees that are required along a lineal frontage can be clustered or spaced in a non- uniform manner in order to avoid utility infrastructure, signage, access drives, or other such items. Such alternate spacing shall not reduce the number of required trees.
(d) Tree spacing requirements along a lineal frontage should be measured from the center- point of the proposed tree to the center-point of the adjacent tree.
(e) When a privacy fence is used for buffering purposes, such fence shall be constructed out of wood or a composite material that imitates wood. When a wall is used for buffering purposes, such wall shall be constructed out of brick or stone or a composite material that imitates brick or stone. Fences and walls shall conform to the requirements of Chapter 1105.
(f) Existing landscaping can be used to meet the requirements of this chapter if such landscaping is identified on the landscape plan and meets the planting and material specifications of the landscaping and buffering requirements.
(Ord. 2022-34. Passed 1-9-23.)
1107.08 PARKING AND VEHICULAR USE AREA LANDSCAPING REQUIREMENTS.
All parking areas, greater than fifteen (15) spaces, shall adhere to the following landscaping requirements. Parking areas of fifteen (15) spaces or less shall be exempt from the requirements of this section.
(a) All parking areas shall contain landscape areas that equal at least five percent (5%) of the internal parking and vehicular circulation area. Each landscape area shall contain a mixture of shrubs and trees. Access drives that go through or lead to the development shall not be counted as internal parking areas.
(b) Trees shall be provided at a rate of on tree per ten (10) parking spaces. Any fractional number shall be rounded up to the next whole number.
(c) Shrubs shall be provided at a rate of six (6) shrubs per each ten (10) parking spaces.
(d) Landscape areas shall be distributed throughout the parking area. Rows of parking spaces shall be interrupted, at a minimum, every fifteen (15) spaces by a planter island that is a minimum of eight (8) feet wide and eighteen (18) feet in length.
(e) All parking spaces shall be within 125 feet of a landscaped island or area.
(f) No landscaping shall obscure visibility at a vehicular intersection within the parking area or other areas where clear visibility is necessary to assure safe circulation. Where safe visibility is impaired, canopy trees shall have branches removed from the trunk at least eight (8) feet above the ground. Shrubs and groundcover shall not exceed three (3) feet in height. Evergreen trees and understory trees that would impair visibility for safe circulation shall not be planted in these areas.
(g) Landscaping around the perimeter of the parking area shall conform to Table 1107.04-1: Buffering Requirements.
(Ord. 2022-34. Passed 1-9-23.)
1107.09 STREET TREES.
It shall be required that all developments plant street trees along public or private streets of a development in such a manner, type, and location as approved by the City Engineer and as defined by the following conditions:
(a) Large trees with a mature height of over fifty (50) feet shall be planted every forty-five (45) to fifty (50) lineal feet, medium trees with a mature height of between thirty-five (35) and fifty (50) feet shall be planted every thirty-five (35) to forty (40) lineal feet, and small trees with a mature height of less than thirty-five (35) feet shall be planted every twenty-five (25) to thirty (30) lineal feet.
(b) The minimum distance between the tree and the edge of the street shall be two (2) feet. In areas where a sidewalk exists or is proposed, the minimum distance between the tree trunk and both the edge of the street and the sidewalk shall be two (2) feet.
(c) Street trees shall be located at least twenty (20) feet from any street or access drive intersection and ten (10) feet from any fire hydrant or utility pole.
(d) Small trees shall be used when planting under or within twenty (20) lateral feet of overhead utility wires.
(e) Developers shall be required to maintain the trees for one (1) year after their date of planting. Trees shall be replaced by the developer if any trees fail to survive within that first year.
(f) Street trees and grass shall be the only permitted landscaping materials that are permitted in the public right-of-way.
(Ord. 2022-34. Passed 1-9-23.)
1107.10 MODIFICATIONS.
Modifications may be granted from the policies and requirements of these standards by the Planning Commission if there is an undue hardship or special circumstance that makes the modification request necessary. Such requests shall be submitted in writing to the City's Planning Department and shall include justification for the modification that addresses what unusual or extraordinary circumstance exists that necessitates the request, if the modification still meets the intent of the policies and requirements of this section, and that the request will not adversely affect or impact other properties in the vicinity. The Planning Commission may approve the modification if they deem it justified based on the written request.
(Ord. 2022-34. Passed 1-9-23.)
1107.11 MAINTENANCE.
All landscaping, screening materials, and landscape areas shall be maintained in good condition and kept free from debris, litter, junk, rubbish, weeds, overgrowth, and deceased planting materials. Property owners are required to replace any deceased planting materials with materials of a like kind and species.
(Ord. 2022-34. Passed 1-9-23.)
1107.12 ENFORCEMENT.
Violation of these installation and maintenance provisions shall be grounds to issue a zoning citation per Section 1111.08 and require the replacement of the landscape materials.
(Ord. 2022-34. Passed 1-9-23.)