The intent and purpose of the landscaping requirements of this article is to promote public health and safety through the reduction of noise and pollution, air pollution, visual pollution, air temperature and artificial light glare; to improve the appearance of property and VUAs abutting public rights-of-way; to require buffering between certain non-compatible land uses to minimize the opportunities of nuisances; and to protect, preserve and to promote the aesthetic appeal, character and value of surrounding neighborhoods.

   The regulations set forth in this article shall apply to all zoning districts in the town, except B-1, in the following cases.

   A.   Whenever there is a new construction of a primary business structure or a platting of a PUD, a subdivision or subdivision phase, applicable requirements for all sections of this article shall be met.

   B.   Whenever there is an addition or enlargement of 10,000 or more square feet to an existing business building, applicable requirements of all sections of this article shall be met.

   C.   Whenever any addition, enlargement or remodeling of less than 10,000 square feet requires additional parking, the requirements of § 803A. of this appendix shall apply for VUAs and the plan set forth in § 805 of this appendix shall apply and be submitted as part of the building permit application.

   The town recognizes that landscaping, greenspace and greenbelts provide aesthetic and environmental benefits, and promote harmony between different land uses. All requirements of this section shall apply to business or industrial development for which a building permit is applied for after the effective date of this appendix.

   A.   Parking lots, VUAs.

      1.   Landscaping perimeters of vehicular use areas (VUA).

         a.   Along streets. To reduce headlights intrusion in areas where a business VUA adjoins a street, a minimum of one tree per each 40 feet of street frontage shall be planted between the street and VUA. Additionally, a continuous screen of plant material, berms, architectural elements or a combination thereof not to exceed 36 inches in height shall be incorporated. Trees, landscaping and sidewalks shall be installed as to provide a safe barrier between vehicles and pedestrians and not to interfere with traffic line of sight.

         b.   Adjacent to another VUA. The requirements of subsection A.1.a. above shall apply, and be planted within a minimum greenspace boundary of ten feet in width.

         c.   Adjacent to residential properties. A continuous planting, hedge, fence, wall and/or berm, having 75% winter opacity and a minimum height of six feet within a three-year period from planting shall be installed.

      2.   Landscaping parking lot interiors. In order to reduce the negative micro-climate impacts of paved areas, reduce the effects of dust, glare and noise, slow the accumulation of storm water and to beautify the town, the following minimum landscape requirements shall apply to all parking lots of 15 spaces or more.

         a.   All business parking spaces shall be located within 70 feet from the center point of a shade tree, established or installed.

         b.   For each 100 square feet of VUA or fraction thereof, a minimum of five square feet of interior landscape planting area shall be provided.

         c.   All tree center points for parking lot trees must be located within a minimum nine-foot wide continuous pervious planting strip, no smaller than 200 square feet in area and bounded by curbs and wheel stops.

         d.   A minimum 40-foot wide landscaped strip shall be required to divide a parking area exceeding 30,000 square feet. Pedestrian walkways may be included in this strip.

         e.   Shade tree species planted must be chosen from the approved medium and large street tree lists in the town’s Arboricultural Specifications Manual and shall have a minimum trunk size of two- inch caliper.

         f.   Trees shall have a clear trunk of at least five feet above the ground and the remaining area shall be landscaped with shrubs, living ground cover or turf, not to exceed three feet in height.

         g.   Parking lot landscape islands shall be designed to facilitate the flow of traffic and to accommodate snow removal.

         h.   It is encouraged that parking lots be designed to save groupings of existing trees by designing around them. Tree protection measures shall be required during construction.

   B.   Screening special needs. This section describes the standards and minimum requirements that shall be met for higher impact uses such service structures, storage areas and detention/retention basins and ponds.

      1.   Landscaping for service structures. Service structures shall be screened from all residentially zoned or developed areas, residentially designated PUDS, and from the street in all zoning districts. Where required, a continuous planting, hedge, fence, wall and/or berm, having a minimum 75% winter opacity within a three-year period from planting is required. Screening shall enclose any service structure on all sides unless it must be frequently moved or serviced, then screening on all but one side is required. The average screening height shall be one foot more than the height of the enclosed structure, but shall not be required to exceed ten feet.

      2.   Landscape requirements for screening storage areas. All outside business or industrial storage including, but not limited to, display prefabricated metal or wood storage sheds, bulk materials, building supplies, retail merchandise (excluding plant material) and storage areas for boats and recreational vehicles, shall be screened from adjoining residentially developed or zoned property, residentially designed PUDs and the public right-of-way. The use of evergreen vegetation such as arborvitae and spruces is encouraged. Solid fences or masonry walls may be used.

      3.   Detention/retention basins and ponds. Detention/retention basins and ponds and conservation areas shall be landscaped to create a park-like amenity. Such landscaping should include shade and ornamental trees, evergreens, shrubbery, hedges and/or other planting materials approved by the Building Commissioner and Town Engineer.

      4.   Landscape conflicts. There shall be no planting within five of underground utility lines and no large or medium trees under utility wires. Cars shall not be allowed to overhang landscaped areas by more than two and one-half feet, and wheel stops or curbs shall be provided.

   A.   Landscape materials.

      1.   Plant material used shall conform to the standards of the American Nursery and Landscape Association.

      2.   Shrubs shall be a minimum height of 18 inches at planting time. Screening shrubs shall meet the minimum design height and opacity requirements within three years from planting.

      3.   Trees shall have a minimum planting size of five feet height for coniferous trees and two- inch caliper for deciduous trees.

      4.   Existing landscape materials in good health and form that have been protected by tree protection measures may be used to satisfy these requirements in whole or in part when, in the opinion of the reviewing town authority, such material meets the requirements and achieves the objectives of this section.

   B.   Installation standards.

      1.   Plant material shall be healthy and installed in accordance to current planting procedures established by the American Association of Nurserymen to ensure long term survival. Planting beds shall be mulched.

      2.   Trees shall be installed in accordance with the town’s Arboricultural Specifications Manual. Any tree pits shall be a minimum five feet in diameter.

   C.   Landscaping at parking lot driveway and street intersections. A sight triangle shall be observed in all intersections. Within this sight triangle, no landscape material shall be permitted, except for grass or ground cover. Trees shall be permitted as long as only the tree trunk is visible between the ground and eight feet above the ground. The sight triangle requirements are set forth in Part B, § B(2)(k) of the town standards.

   D.   Ground cover. Ground cover shall be planted to present a finished appearance and 75% or complete coverage after three years, with a maximum spacing of eight inches on center.

   E.   Maintenance requirements.

      1.   The current property owner of any property affected by this article shall be responsible for the maintenance of all landscaping required herein.

      2.   All landscaping required by this article shall be maintained in good condition so as to present a healthy, neat, orderly appearance and shall be kept free of refuse and debris.

      3.   Any plant material that dies or is removed must be replaced within one year by the current property owner.

   A.   Conformance. Landscape plans in conformance with this article shall be submitted at the time of the building permit application.

   B.   Landscape plan content. Landscape plans required to be submitted pursuant to this section for business or industrial developments, subdivisions and PUDs shall show:

      1.   Location, quantity, size and type, including botanical and commons name, of proposed landscaping material shown in relation to other site features such as utilities, easements, natural water features and storm water containment areas as required in § 803 of this appendix;

      2.   General stands of natural woodland delineated by canopy cover, predominant species, density and average DBH;

      3.   Individual specimens of natural trees to be used to meet landscaping requirements shall be noted by tree center point, present canopy cover, species and DBH;

      4.   Drawings of any solid screens proposed noting whether vegetation, fence, wall or berm or combination of these and any berms proposed and their relationship to site drainage;

      5.   Typical elevations and/or cross sections as may be required at a larger scale to adequately convey the aspects of the plan; and

      6.   Title block with the pertinent names and addresses, property owner name and signature, person drawing plan, scale, date and north arrow.

   C.   Building permits. No building permit shall be issued until the required plans have been submitted and approved. No certificate of occupancy shall be issued until the landscaping is completed pursuant to § 803 of this appendix as determined by an on-site inspection by the Building Department, unless a performance bond in the form of cash or an irrevocable letter of credit that will cover 110% of the costs of all required materials and labor has been posted with the Building Department, and which shall then be placed on file in the office of the Clerk-Treasurer. The amount of the performance bond shall be determined by the Town Engineer. Any letter of credit issued hereunder shall be and issued by a financially sound financial institution with its principle place of business in the state and with the same terms that are utilized in the letters of credit for infrastructure in the town, all of which must be approved by the Town Attorney.

   D.   Performance bond. After the performance bond in form of cash or an irrevocable letter of credit has been posted, the landscaping material required in the approved plans shall be installed within six months after the date of posting the bond or irrevocable letter of credit. The cash or letter of credit shall be drawn immediately in the event installation of the required landscaping is not done within the time frame set forth above.

   A.   Fences, hedges or other similar structures or growths adjacent to public rights-of-way (excluding alleys) shall not exceed four and one-half feet in height.

   B.   In residential, residential-business or business zones, fences, hedges or other similar structures or growths may be six feet in height. However, no six-foot fence shall be constructed in the front building plane of the owner’s or the adjoining property, or within five feet of alley rights-of-way in any residential zones.

   C.   In I-1 and I-2 Zones, fences, hedges or other similar structures or growth shall not exceed eight feet in height. Fences in I-1 and I-2 six feet or higher may be topped by barbed wire, not withstanding subsection D. below.

   D.   It shall be unlawful for any person to build, construct or maintain any fence or other similar structure composed in whole or part of barbed wire or electrified wire along any public street or alley within the town.

   E.   It shall be unlawful for any person to maintain any thorn hedge or other similar growth within five feet of any public street or alley right-of-way within the town.

   F.   This section shall not be applicable to fences, hedges or similar structures within the town owned, controlled by or within the custody of any municipal corporation, municipal body or state and federal government agencies.