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Culpeper City Zoning Code

ARTICLE VI

LANDSCAPING, SCREENING AND OPEN SPACES6


Footnotes:
--- (6) ---

Editor's note— An ordinance adopted June 8, 1993, amended Art. VI, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Art. VI pertained to similar subject matter. See the Code Comparative Table.


Sec. 27-156.- Purpose and intent.

It is recognized that the planting of trees and vegetation, as well as the conservation of existing trees and vegetation, can serve to significantly improve the quality of the physical environment. It is therefore in the interest of the public health, safety, and welfare to enact regulations that would promote the planting and preservation of landscape materials which:

(1)

Provide screening between different land uses;

(2)

Promote the reduction of the harmful effects of noise, heat, wind, glare of motor vehicles, and the level of carbon dioxide;

(3)

Promote traffic safety by controlling views;

(4)

Promote the attractiveness of the community through the enhancements of shade and seasonal landscaping.

(Ord. of 5-8-01; Ord. of 9-14-10; Amd. of 8-14-12)

Sec. 27-157. - Applicability.

(a)

Except as provided below, the provisions of this article shall apply to any development that is required to submit a site plan as set out in section 27-262 of this chapter, or subdivision plans as set out in chapter 22 of this Code.

(b)

This article shall apply to the construction, extension, widening or improvement, other than resurfacing, of any new public or private street right-of-way.

(Ord. of 5-8-01; Amd. of 8-14-12)

Sec. 27-158. - Landscape plan required.

The following general requirements and minimum standards shall apply for all landscaping required by this Code:

(1)

Existing tree cover within any proposed subdivision or development plan shall be retained when possible taking into account in the design of the improvements and grading of any property. Preservation of specimen trees shall be as set forth in section 27-163.

(2)

Existing trees preserved on the site may be used to satisfy the requirements for landscaping. Any existing tree used to meet the requirements of this chapter must be of at least three-inch caliper, in healthy condition, of a cultivated species, and be protected from construction activity.

(3)

The owner is responsible for maintaining all required plant material in good health for a period of two (2) years after time of planting. Such maintenance shall include, but not be limited to, fertilizing, watering and pruning per industry standards. Owner shall replace unhealthy or dead plant materials in a timely manner.

(4)

All trees and shrubs must be planted in accordance with subsection 27-159(e) of this article.

(5)

Landscaping shall not obstruct the view of motorists using any street, private driveway, parking aisles, or the approach to any street intersection so as to constitute a traffic hazard or a condition dangerous to the public safety.

(6)

Landscaping shall provide seasonal color, including evergreens and flowering trees and shrubs.

(Ord. of 5-8-01; Ord. of 8-12-03; Ord. of 9-14-10; Ord. No. O-2011-007, 11-8-11; Amd. of 8-14-12)

Sec. 27-159. - Required landscaping.

(a)

Street trees shall be required along existing and proposed streets for any commercial, residential, institutional or industrial development which is subject to site plan approval or not exempted in section 27-157 of this chapter. Such trees shall be planted in accordance with this article, exclusive of areas as defined in section 27-158 of this article. Berming and street trees shall be required along any four-lane road or street (refer to diagram 6.3).

(b)

The following landscaping shall be required for parking lots consisting of five (5) or more spaces added or constructed:

(1)

When a parking lot fronts on an existing or proposed street, trees shall be planted in accordance with section 27-159(e). An additional row of small shrubs shall be required between the street and the parking lot consisting of at least one (1) small shrub for every five (5) feet, or portion thereof, of street frontage.

(2)

Interior landscaping for parking lots shall consist of two (2) shade trees and four (4) small shrubs for every ten (10) parking spaces, or portion thereof. Plantings may be appropriately dispersed as approved by the permit issuing authority. Plantings located along building foundations and around the base of freestanding signs may be used to satisfy the requirements of this section.

(c)

For residential developments, rear yard landscaping, consisting of shrubs or trees shall be provided and cover at least twenty (20) percent of the rear yard at maturity, as defined, exclusive of grass, ground covers, annuals and perennials.

(d)

Vegetative screening or berming shall be required at all side and rear yards when a professional commercial, industrial, multifamily or townhouse use abuts a residential use or zoning classification. Vegetative screening or berming shall also be required between multifamily and townhouse uses. Screening shall not be required when abutting an existing or proposed street, in which case the street tree [subsection (e) of this section] requirements of this article shall apply. For screening purposes, the use of berming will result in a thirty-three (33) percent reduction in the required number of vegetative screening elements.

(e)

Classifications and suggestions of trees and shrubs. The following species and cultivar are approved as well as similar species approved as part of site plan review. All plant material shall conform to the guidelines established by the current American Standard for Nursery Stock, established by the American Nursery and Landscape Association.

(1)

Large shade trees shall be planted along arterials, collectors, and major subdivision streets. These trees shall be spaced forty (40) feet on center. Large trees generally mature at more than sixty (60) feet in height. These trees shall not be placed under overhead utility lines. Please refer to the list of approved species in the FSM section 5.100.

(2)

Medium shade trees shall be planted in local subdivision streets, both public and private, in median strips, and in open space. Medium trees generally mature at forty (40) feet to sixty (60) feet in height. These trees shall be spaced twenty-five (25) feet on center along right-of-way. Please refer to the list of approved species in the FSM section 5.100.

(3)

Buffering and screening trees or large evergreen shrubs, as required in subsection (d) of this section, shall consist of one (1) row planted not more than ten (10) feet on center or two (2) staggered rows planted not more than fifteen (15) feet on center. Please refer to the list of approved species in the FSM section 5.100.

(4)

Ornamental or flowering trees and large deciduous shrubs shall be planted in median strips, berms, at subdivision entrances, along primary road frontage, in courtyards, at intersections, or used adjacent to buildings. Ornamental trees generally mature at twenty (20) feet to forty (40) feet in height. Please refer to the list of approved species in the FSM section 5.100.

(5)

Medium - Small evergreen or deciduous flowering shrubs shall be planted along the edges of parking lots where a parking lot abuts a public street adjacent to buildings. These shrubs shall be a minimum three-gallon container size. Tall ornamental grasses may be substituted for up to one-quarter (¼) of shrubs on a landscape plan provided they do not interfere with sight distance from a public street. Please refer to the list of approved species in the FSM section 5.100.

(f)

Plant materials may be substituted provided that the substitution is similar in habit and form (i.e. height, width, evergreen for evergreen, deciduous for deciduous) and approved by the zoning administrator. The zoning administrator may not reduce the required plant materials but may approve an adjustment in their location elsewhere on the site.

(Ord. of 5-8-01; Ord. of 8-12-03; Ord. of 6-14-05; Ord. of 6-12-07; Ord. of 9-14-10; Ord. No. O-2011-007, 11-8-11; Amd. of 8-14-12; Ord. of 12-9-14; Case AMD-001-2015, 12-8-15)

Sec. 27-160. - Minimum plant sizes at time of installation.

Plant Size Height
Large shade tree 2½" caliper (min.) 6'—8' (well branched)
Medium shade tree 1½" caliper (min.) 4'—6' (well branched)
Buffering and screening 15 gallon, B&B 6'—8' (full)
Ornamental/flowering tree 1½" caliper (min.) 4'—6' (well branched)
Small evergreen shrub 3 gallon 18"—24" (full)
Large evergreen shrub 5 gallon 24"—60" (full)
Overhead utility tree 1" caliper (min.) 4'—6' (well branched)

 

(Ord. of 8-12-03; Amd. of 8-14-12; Case AMD-001-2015, 12-8-15)

Sec. 27-161. - Enforcement.

(a)

When the submission of a site plan or subdivision plan is required, a landscape plan shall also be required. This plan shall show graphically and in tabular form the location, size, and type of all proposed plant materials.

(b)

Final certificates of occupancy may be withheld pending installation of the landscaping. A certified check, irrevocable letter of credit or other surety satisfactory to the town must be submitted to allow for the issuance of the certificate prior to completion.

(c)

Landscape plans shall be prepared and sealed by a licensed landscape architect as defined under Code of Virginia, § 54.1-400, as amended, or a landscape designer certified by the Virginia Society of Landscape Designers, or an arborist certified by the International Society of Arboriculture or a horticulturalist certified by the Virginia Nursery and Landscape Association. This requirement may be waived by the permit issuing authority.

(Ord. of 5-8-01; Ord. of 8-12-03; Amd. of 8-14-12; Ord. of 12-9-14)

Sec. 27-162. - Waiver of requirements.

If the presence of a required landscaping and/or berming feature would not serve the purposes set out in section 27-156 or if site conditions make it impractical to install and/or maintain required landscaping and/or berming features, the planning commission may waive or alter the requirements. Such waiver or alteration shall only occur at the written request of the property owner. Such written request shall demonstrate why the requirements will not work, and offer an alternative landscaping plan which will satisfy the intent and spirit of this chapter.

(Ord. of 9-14-10; Amd. of 8-14-12)

Sec. 27-163. - Specimen trees.

(a)

Some trees on a site warrant special consideration and encouragement for preservation. These trees are referred to as specimen trees. When one or more specimen tree(s) are saved, one of the following incentives shall be applied towards the development:

(1)

A twenty-five (25) percent reduction in required interior landscaping; or

(2)

A ten (10) percent reduction in total number of required parking spaces.

(b)

The following criteria will be used to identify specimen trees. Both size and condition criteria must be met for a tree to qualify.

(1)

Size criteria.

a.

Overstory hardwoods: 30-inch trunk diameter or larger (Oak, Maple, Hickory, etc.)

b.

Overstory softwoods: 36-inch trunk diameter or larger (Pine, Cedar, Spruce, Hemlock, etc.)

c.

Flowering understory trees: 12-inch trunk diameter or larger (Dogwood, Redbud, Magnolia, etc.)

(c)

Condition criteria:

(1)

Life expectancy of greater than fifteen (15) years;

(2)

Relatively sound and solid trunk with no extensive decay;

(3)

No more than one major and several minor dead limbs (hardwoods only); and

(4)

No major insect or pathological problem.

(d)

The location and size of specimen trees to be saved on a site shall be identified on site plans being submitted for proposed developments. Tree protection fencing shall be shown on the plans to be installed around the specimen tree during construction to protect the tree and its roots from damage. Tree protection fencing shall encompass a circle with a diameter equivalent to one foot for each trunk diameter inch of the tree to be saved.

(Amd. of 8-14-12)

Sec. 27-164. - Screening of mechanical equipment.

For commercial and industrial uses, mechanical equipment located on the ground shall be screened from view from all public rights-of-way and from adjacent residential districts and uses. Such screening shall be constructed of a material harmonious with the facade of the building or structure.

(Ord. No. O-2016-006, § 1, 12-13-16)