Depew City Zoning Code
§ 260-35
Landscaping, buffers and screening.
A.
Purpose. It is the purpose of this section to:
(1)
Protect and promote the public health, safety and general welfare by requiring the landscaping of all applicable development, including parking, stacking and loading areas (vehicle use areas).
(2)
Establish minimum standards and criteria for the landscaping of all applicable development to dissuade the unnecessary clearing and disturbing of land so as to preserve the natural and existing growth of vegetation and to replace removed vegetation or plant new vegetation indigenous to the Western New York region.
(3)
Reduce the effects of wind and air turbulence, heat and noise, and the glare of motor vehicle lights and parking area lights.
(4)
Provide unpaved areas for the absorption of surface waters.
(5)
Reduce the level of carbon dioxide and airborne pollutants and return oxygen to the atmosphere.
(6)
Prevent soil erosion.
(7)
Provide shade.
(8)
Conserve and stabilize property values and to otherwise facilitate the creation of a convenient, attractive and harmonious community.
(9)
Relieve the blighted appearance of parking areas.
(10)
Generally preserve a healthful and pleasant environment.
(11)
Implement the policies of the Comprehensive Plan.
B.
General provisions.
(1)
All developments subject to site plan review in accordance with § 260-48 shall meet the requirements of this section. A separate landscape plan shall be submitted and approved, approved with conditions or denied as a part of this review procedure.
(2)
The landscape plan shall show the location of all existing trees to be preserved and/or removed, the location of all trees and low level plantings, a planting schedule indicating the number of plant species, their size and common name. The plan shall also include typical planting details for trees and shrubs and specifications for ground cover with germination rates.
(3)
A revised site plan shall not diminish the landscaping of the site below the requirements of this section.
(4)
Existing trees shall be preserved. Existing trees and vegetation shall not be removed until such time that a site plan is approved and a building permit and/or written authorization is granted by the Code Enforcement Officer.
C.
Landscape regulations.
(1)
Standards and criteria.
(a)
General requirements.
[1]
Required landscaped areas shall be designed as an integral part of the site development and shall be dispersed throughout the development site and vehicle use area (VUA).
[2]
Landscaping shall provide screening for adjacent land uses and with visual, noise and air quality factors considered.
[3]
Vegetation shall be compatible with soil conditions on the development site and the regional climate.
[4]
Existing and natural features and vegetation shall be preserved and incorporated in the landscaped area wherever possible.
[5]
The primary emphasis of the landscape treatment shall be on trees. Shrubbery, hedges, grass and other vegetation may be used to complement the use of trees but shall not be the sole contribution to the landscape treatment.
[6]
Plastic or other types of artificial plantings or vegetation shall not be permitted.
[7]
All large and small deciduous trees planted shall have a minimum caliper of 2 1/2 inches, measured six inches above the ground. All large deciduous trees planted in multistem form shall have a minimum height of 12 feet above the finished grade. All small deciduous trees planted in multistem form shall have a minimum height of 10 feet above the finished grade. All coniferous trees planted shall have a minimum height of five feet above the finished grade. All ornamental trees planted shall have a minimum caliper of 1 3/4 inches measured six inches above the ground. All ornamental trees planted in multistem form shall have a minimum height of eight feet above the finished grade. All shrubs planted shall have a minimum height of 24 inches above the ground except when being used as a ground cover. All evergreen shrubs used for screening shall have a minimum height of 48 inches (four feet) above the finished grade.
(b)
Required landscaped area adjacent to buildings. A landscaped area with a minimum average width of three feet shall be provided between the proposed principal use building and any off-street parking or internal access road with the exception of building entrances/exits, drive-throughs and covered pedestrian walkways. A minimum of 50% of this landscaped area shall be planted with small trees, shrubs, perennials or combinations thereof. The balance of the landscaped area not planted with trees, shrubs or perennials shall be lawn or ground cover.
(c)
Interior landscaped area. Minimum interior landscaped areas shall be provided in accordance with following table.
Parking Area (square feet) | Minimum Interior Landscaped Area (percent of parking area) | |
|---|---|---|
0 to 2,999 | 0% | |
3,000 to 7,500 | 5%* | |
7,501 to 43,560 | 5% | |
More than 43,560 (one acre) | 10% |
NOTES: | ||
|---|---|---|
* | For parking areas of 7,500 square feet or less, where the configuration of the site permits, yard area at least five feet wide in excess of the minimum required yard in the district shall be credited to the interior landscaped area requirement. | |
[1]
An interior landscaped island shall be provided for every 15 spaces. Each island shall have a minimum width of eight feet inside the curb and a minimum length of 16 feet for a single row and 32 feet for a double row. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees or facilitate snow plowing if approved by the Code Enforcement Officer and recommended by the Planning Board.
[2]
All rows of spaces shall terminate in a landscaped island. Each island shall conform to the specifications described in Subsection C(1)(c)[1] above. Terminal island intervals may be modified in order to preserve existing trees or facilitate snow plowing if recommended for approval by the Planning Board.
[3]
Divider medians may be substituted for landscaped islands described in Subsection C(1)(c)[1] above. Divider medians are landscaped areas located between rows of parking spaces, between parking spaces and driveways or between areas of parking. Divider medians shall have a minimum width of six feet (as shown on the illustration below).
(c)-3 End of Parking Row.tif.png "260-35C(1)(c)-3 End of Parking Row.tif") |
[4]
A minimum of one large deciduous tree shall be provided for each landscaped island that exceeds 128 square feet. One additional large deciduous shade tree shall be provided within landscaped islands for each 100 square feet in excess of 128 square feet. The Planning Board or Planning Director may permit the substitution of smaller ornamental trees within landscaped islands. A minimum of two small ornamental trees shall be provided for each landscaped island that exceeds 128 square feet. One additional small ornamental tree shall be provided within landscaped islands for each 90 square feet in excess of 128 square feet.
[5]
A minimum of one large deciduous shade tree shall be planted for every 200 square feet of landscaped area within any divider median, planted individually or in groups separated by a maximum of 40 feet. The Planning Board may permit the substitution of smaller ornamental trees within divider medians. A minimum of one small ornamental tree shall be provided for every 90 square feet of landscaped area within any divider median.
[6]
When divider medians and mid row islands have a width of 10 feet or greater, evergreen trees may be provided in addition to large deciduous trees. Evergreen trees should be spaced a maximum of 10 feet on center.
[7]
Parking lot pedestrian medians shall have a minimum dimension of 16 feet and contain a concrete walkway with a minimum width of six feet. Planting areas with a minimum width of five feet shall be provided on both sides of the walkway. At each point the walkway crosses a parking lot or internal driveway, the walkway shall be clearly defined through a change in the texture, color or height of the paving materials.
[8]
In addition to trees, all landscaped islands and divider medians shall be landscaped with grass, ground cover, shrubs or other landscape material as recommended for approval by the Planning Board.
[9]
All interior landscaped areas shall have a minimum planting soil depth of three feet and be free from all forms of construction debris and foreign material.
[10]
All islands and medians shall have six-inch-high concrete curbing as a minimum to protect plant materials from damage.
[11]
The dimensions of all islands and medians shall be measured from the landscaped side of the curb.
(d)
Buffers and screening. Developments shall provide sufficient buffering and screening of vehicle use areas from adjacent residential uses or properties which are zoned residentially. Buffering and screening may consist of trees and shrubs existing on the site prior to development. Supplemental plantings may be required in addition to the existing vegetation as recommended by the Planning Board in order to improve the screening of the buffer. Buffering and screening may also consist of tree and shrub plantings, earthen berms, fences, walls or a combination of these methods so as to establish an effective visual screen. When fences or walls are utilized for screening, trees and other plant materials (shrubs, vines, ground covers, perennials) shall also be used to soften the appearance of such screens. All fences provided or required shall have an attractive, finished appearance facing any public right-of-way or adjacent property.
(e)
Screening of mechanical equipment. Properties which may be viewed from residential uses, public streets or public park areas shall screen all roof-, ground- and wall-mounted mechanical equipment [utility structures, multiple meter boards, generators, air-conditioning units, backflow preventor (RPZ) hot boxes, etc.] from view at ground level of the property line. All mechanical equipment shall be limited to that area shown on an approved site and development plan. Roof-mounted mechanical equipment shall be screened or arranged so as to not be visible from residential uses, public streets or park areas and be shielded from view on four sides. Screening shall consist of materials consistent with the principal building materials and may include metal screening or louvers which are painted to blend with the principal building. Wall- or ground-mounted equipment screening shall be constructed of:
[1]
Planting screens; or
[2]
Brick, stone, reinforced concrete, or other similar masonry materials; or
[3]
Redwood, cedar, preservative pressure-treated wood, or other similar materials; and
[4]
All fence posts shall be rust-protected metal, concrete-based masonry or concrete pillars, or an equivalent material as approved by the Code Enforcement Officer.
(f)
Dumpsters. The following standards shall apply to dumpsters and other refuse collection areas for nonresidential use:
[1]
All dumpster areas shall be limited to that area shown on an approved site and development plan and may not be placed within a required yard.
[2]
Areas shall be visually screened on all sides with an opaque material, which may include shrubs, walls, fences or berms, and which are a maximum of eight feet in height. Materials and dumpsters stored in said areas shall not protrude above the screen.
[3]
Where vegetative material is used, said material shall form an opaque screen within two years from the time of first planting.
[4]
Dumpster enclosure gates shall consist of materials that visually conceal 100% of the contents of the enclosure. Gates shall remain in the closed position except when the dumpster is being loaded or unloaded or when access to the interior of the enclosure is needed for maintenance or other purposes.
D.
Existing development. Where an existing development that requires site plan review proposes an increase in the vehicle use area of 3,000 or more square feet, the proposed site plan shall provide interior landscaped areas for the added parking area. The proposed site plan shall also provide buffering and screening for the added vehicle use area.
E.
Enforcement and maintenance.
(1)
All landscaped areas required and/or permitted by these regulations shall be maintained and preserved according to the approved landscape plan. Landscaped areas shall be kept free of trash, litter, weeds and other such materials.
(2)
All plant materials provided for a development in accordance with the approved landscape plan shall be in a healthy and vigorous growing condition, exhibit good form, and display in excess of 75% leaf cover, as determined by the Code Enforcement Officer, in order to be considered acceptable for the purposes of compliance with the site plan at the time of inspection for certificate of occupancy or certificate of compliance. All plant materials which are considered to be unacceptable for the purposes of compliance with these regulations shall be replaced with acceptable plant material prior to the issuance of a final certificate of occupancy or certificate of compliance.
(3)
Trees which existed on the site prior to development and are identified on the landscape plan as trees to be preserved cannot be removed during construction without first obtaining approval from the Code Enforcement Officer. Approval to remove must take into consideration any practical difficulty in preserving the tree as planned, the condition of the tree and any replacement trees to be planted.
(4)
After the issuance of a final certificate of occupancy or certificate of compliance, plant materials which die or are not maintained in a healthy and growing condition with at least 50% leaf cover shall be replaced within the next growing season with plantings of a similar size and nature. Plantings intended to serve as a visual screen which die or are not maintained in a healthy and growing condition after three years from the date of issuance of the final certificate of occupancy or certificate of compliance shall be replaced with plantings of a size and nature sufficient to achieve the visual screen intended.
(5)
All trees shall be planted in accordance with the methods illustrated by the planting details required to be shown on the approved landscape plan. Trees not planted in accordance with these methods will not be considered acceptable for the purposes of compliance with the site plan and shall be replanted in accordance with the methods illustrated in the details, or the method of planting otherwise corrected so as to be acceptable to the Code Enforcement Officer prior to the issuance of a final certificate of occupancy or certificate of compliance. Where tree stakes and guy wires are used, they shall be removed from newly planted trees no sooner than 12 months after planting and no later than 18 months after planting.