It is the intent of this section to require landscaping and screening to buffer the negative impacts between incompatible land uses; to minimize the adverse effects of certain outdoor activities upon their surroundings; and to improve the appearance of parking areas and street frontages within the community. It is further intended to preserve and enhance the aesthetic qualities, character, privacy, and land values of property within the village. For those projects requiring a special use permit and site plan approval, a landscape plan shall be prepared by a registered landscape architect.

(Ord. No. 385, § 1, 2-19-2007)

1.

A buffer zone shall be required on the subject parcel between abutting zoning districts, as indicated on the required buffers table.

2.

A buffer zone shall be required on the subject parcel even if the adjacent parcel is unimproved land.

3.

When any developed parcel changes to a more intense land use or a special land use approval or a site plan review is required, a buffer zone shall be provided in compliance with this chapter.

4.

If existing conditions on the subject parcel are such that a parcel cannot comply with the buffer zone requirements, the planning commission shall determine the character of the buffer based on the following criteria:

a.

Traffic impacts;

b.

Building and parking lot coverage;

c.

Outdoor sales, display, or manufacturing area;

d.

Physical characteristics of the site and surrounding area such as topography, vegetation, etc.;

e.

Views and noise levels;

f.

Health, safety, and welfare of the village;

g.

Proximity or potential proximity of adjacent residential uses.

5.

The planning commission may require additional screening where a buffer zone is not required by section 1903. In application of this standard the planning commission shall consider the character and type of development proposed and its compatibility with adjacent land uses and zoning.

(Ord. No. 385, § 1, 2-19-2007)

1.

Buffer zone level A shall meet the following requirements:

a.

Fifty-foot minimum width.

b.

Equivalent of one canopy tree per 30 linear feet or fraction of buffer zone length.

c.

Six-foot high continuous sight-obscuring screen composed of evergreen plant material, berming, walls or fences, or any combination approved by the planning commission.

d.

If berming is used for any part of the buffer, all required plant material shall be placed on the top and side slope facing the exterior property line.

e.

If a wall or fence is used for any part of the buffer, a minimum of four shrubs are required per 20 linear feet of wall or fence, with at least 50 percent of all such plant material being at least 24 inches high at time of planting.

f.

All areas within the buffer zone which do not contain trees or planting beds shall be covered with grass or other living ground cover.

g.

All other applicable standards of this section shall be met.

h.

All plant material shall meet the minimum requirements of section 1909.

2.

Buffer zone level B shall meet the following requirements:

a.

Twenty-foot minimum width.

b.

Equivalent of one tree per 40 linear feet or fraction of buffer zone length. Two-thirds of all required trees shall be evergreen and the balance shall be deciduous.

c.

Three-foot high continuous sight-obscuring screen composed of plant material, berming, walls or fences, or any combination approved by the planning commission.

d.

If berming is used for any part of the buffer, it shall contain one shrub for each ten feet of berm length. All required plant material shall be placed on the top and side slope facing the exterior property line.

e.

If a wall or fence is used for any part of the buffer, a minimum of one shrub per ten feet of fence or wall shall be placed along the exterior side. At least 50 percent of all such plant material shall be at least 24 inches high at time of planting.

f.

All areas within the buffer zone which do not contain trees or planting beds shall be covered with grass or other living ground cover.

g.

All other applicable standards of this section shall be met.

h.

All plant material shall meet the minimum requirements of section 1909.

3.

Buffer zone level C shall meet the following requirements:

a.

Ten-foot minimum width;

b.

Equivalent of one tree per 50 linear feet or fraction of buffer zone length. At least 40 percent of the total number of required trees shall be evergreen trees.

c.

Three-foot high continuous sight-obscuring screen composed of plant material, berming, walls or fences, or any combination approved by the planning commission.

d.

If berming is used for any part of the buffer, it shall contain one shrub for each ten feet of berm length. All required plant material shall be placed on the top and side slope facing the exterior property line.

e.

If a wall or fence is used for any part of the buffer, a minimum of one shrub per ten feet of fence or wall shall be placed along the exterior side. At least 50 percent of all such plant material shall be at least 24 inches high at time of planting.

f.

All areas within the buffer zone which do not contain trees or planting beds shall be covered with grass or other living ground cover.

g.

All other applicable standards of this section shall be met.

h.

All plant material shall meet the minimum requirements of section 1909.

(Ord. No. 385, § 1, 2-19-2007)

1.

Screening shall be required on the subject parcel in the following situations, except as may be provided elsewhere in this section:

a.

Around designated outdoor storage areas in the LIR, limited industrial research district or I, industrial district.

b.

Around any loading/unloading area.

2.

Screening shall be required on the subject parcel even if the surrounding area or adjacent parcels are unimproved.

3.

When any developed parcel changes to a more intense land use or a special land use approval or site plan review is required, screening shall be provided in compliance with this chapter.

4.

If existing conditions on the subject parcel are such that a parcel cannot comply with the screening requirements, the zoning administrator shall determine the character of the required screen based on the following criteria:

a.

Traffic access and circulation;

b.

Building and parking lot coverage;

c.

Outdoor sales, display, or manufacturing area;

d.

Physical characteristics of the site and surrounding area such as topography, vegetation, etc.;

e.

Views and noise levels; and

f.

Public health, safety, and welfare.

(Ord. No. 385, § 1, 2-19-2007)

All required screens shall meet the following standards:

1.

A solid, sight-obscuring fence or wall six feet high.

2.

Enclosed on all sides and not containing any openings other than a gate for access which shall be closed at all times when not in use.

3.

The fence or wall shall be constructed of masonry, treated wood, or other material approved by the planning commission, if determined to be durable, weather resistant, rust proof, and easily maintained. Chain link and barb wire fences are not permitted.

4.

The required screen may be comprised of berms, plant material, walls, fences, or any combination, if approved by the planning commission upon determining that such alternate materials will provide the same degree of screening or better than required by these screening standards.

5.

All other applicable standards of this section shall be met.

(Ord. No. 385, § 1, 2-19-2007)

Greenbelts, as indicated in the following section shall be required on the subject parcel in the following situations, except as may be provided elsewhere in this section.

1.

Within the front setback area for parking lots in the O, BC, GB, LRI, and I districts.

2.

Around any nonresidential parking lot abutting or within 100 feet of a residential district.

3.

Within any other parking lot which contains 20 or more parking spaces.

4.

Around the perimeter of any detention or retention pond.

(Ord. No. 385, § 1, 2-19-2007)

1.

Greenbelts along the perimeter of parking lots shall meet the following requirements:

a.

Minimum width shall correspond to the setback requirements for parking areas as prescribed in the schedule of regulations, but shall not be less than ten feet.

b.

Equivalent of one tree per 20 linear feet or fraction of street frontage.

c.

At least one-half of the total number of required trees shall be evergreen trees.

d.

A minimum of one shrub at least 24 inches high per each ten linear feet or fraction of street frontage.

e.

All areas within the greenbelt which do not contain trees or planting beds shall be covered with grass or other living ground cover.

f.

Clustering of trees and shrubs within the greenbelt is permitted.

g.

Detention/retention areas shall be permitted within required greenbelts provided they do not hamper the screening intent of the greenbelt or jeopardize the survival of the plant materials.

h.

All other applicable standards of this section shall be met.

2.

Greenbelts within parking lots shall meet the following requirements:

a.

An amount equal to 15 sq. ft. of area per parking space.

b.

The minimum size of any internal landscaped area shall be 180 sq. ft.

c.

Internal landscaped areas shall be protected by the installation of a raised curb, anchored timbers, or similar edge around the border.

d.

For each 180 sq. ft. of required greenbelt, a minimum of one deciduous tree shall be planted.

e.

A minimum of one-third of all required parking lot greenbelt trees shall be within the parking lot envelope.

3.

Greenbelts around the perimeter of detention or retention ponds shall meet the following requirements:

a.

Where possible, ponds or basins shall be "free form" following the natural shape of the land to the greatest practical extent. Side slopes shall not exceed one foot vertical for every five feet horizontal.

b.

One canopy or evergreen tree and ten shrubs shall be planted for every 50 lineal feet of pond perimeter measured along the top of the bank elevation. The required trees and shrubs shall be planted in a random pattern or in groupings. The placement of required landscaping is not limited to the top of the pond bank, where the plant species is adapted to saturated soil conditions.

c.

Detention and retention ponds shall be landscaped in character with properties and shall be required to provide lawn areas, shrubs and trees to accomplish a suitable appearance with development on the property and on nearby properties. Landscaping shall be required on all areas disturbed by grading to establish detention/retention ponds.

d.

If fencing is required around a pond, it shall be decorative in nature in order to blend in with its surroundings.

(Ord. No. 385, § 1, 2-19-2007)

All required buffers, screens and greenbelts shall comply with the following standards:

1.

Minimum plant material standards.

a.

All plant materials shall be hardy to Livingston County, be free of disease and insects, and conform to the American Standard for Nursery Stock of the American Association of Nurserymen. Native vegetation shall be used whenever possible.

b.

All plant materials shall be installed in such a manner so as not to alter drainage patterns on site or adjacent properties, or obstruct vision for safety of ingress or egress.

c.

All plant material shall be planted in a manner so as to not cause damage to utility lines (above and below ground) and public roadways.

d.

Minimum plant sizes and spacing at time of installation shall conform to the following requirements:

e.

Existing plant material which complies with the standards and intent of this appendix chapter, as determined by the planning commission, shall be credited toward meeting the landscape requirements.

f.

The installed plant material shall achieve its horizontal and vertical screening effect within four years of initial installation.

g.

The overall landscape plan shall not contain more than 33 percent of any one plant species.

h.

The following species of landscaping* are not permitted as they split easily; their wood is brittle and breaks easily; their roots clog drains and sewers; they are unusually susceptible to disease or insect pests; or they have been deemed invasive to the natural environment of the village:

* A listing of additional invasive species that are not recommended for use is available at the village offices.

i.

Plant materials shall not be placed closer than four feet to any fence or property line.

j.

Where plant materials are placed in two or more rows, planting shall be staggered in rows.

2.

Minimum standards for berms.

a.

Where possible, berms shall be constructed so as to maintain a side slope not to exceed a one-foot rise to a three-foot run ratio. When topography or other site condition prevents construction of berms at this ratio, retaining walls or terracing may be permitted. If a berm is constructed with a retaining wall or by terracing, the earthen slope shall face the exterior of the site.

b.

Berm areas not containing planting beds shall be covered with grass or other living ground cover maintained in a healthy condition.

c.

Berms shall be constructed in such a manner so as not to alter drainage patterns on site or adjacent properties, or obstruct vision for safety of ingress or egress.

3.

Minimum standards for screen walls and fences.

a.

All walls and fences required for screening shall be constructed with new, durable, weather resistant, and easily maintainable materials. Chain link and barbed wire fences are not permitted to serve as screen fencing.

b.

Unless otherwise prohibited, the wall or fence may be constructed with openings that do not exceed 20 percent of the wall or fence surface. The fence openings shall not reduce the intended obscuring effect of the wall or fence.

c.

Screen walls or fences shall not be constructed so as to alter drainage on site or adjacent properties, or obstruct vision for safety or ingress or egress.

4.

Installation and maintenance provisions.

a.

The planning commission or zoning administrator may require a financial guarantee, in accordance with the with the provisions of section 2411, of a sufficient amount to insure the installation of all required landscaping.

b.

All landscaping shall be maintained in a healthy, neat and orderly state free from refuse and debris. Any dead or diseased plants shall be replaced.

c.

All required landscaping shall be completed within six months from the date of occupancy of the buildings, unless a performance bond is submitted in accordance with the provisions of section 2411.

(Ord. No. 385, § 1, 2-19-2007)

1.

The planning commission during site plan review may determine, upon inspection, that conditions unique to the parcel exist which would prevent compliance with the requirements of this chapter or which would make such compliance unnecessary.

2.

In such cases, these requirements may be modified in whole or in part. Criteria to be used when considering a modification shall include, but not be limited to:

a.

Existence of natural vegetation or screening;

b.

Topography;

c.

Existence of areas of poor soils;

d.

Existing and proposed building placement;

e.

Building height;

f.

Adjacent land uses;

g.

Distance between land uses;

h.

Dimensional conditions unique to the parcel;

i.

Traffic, sight distances and traffic operational characteristics on and off site;

j.

Visual, noise and air pollution levels;

k.

Public health, safety, and welfare.

(Ord. No. 385, § 1, 2-19-2007)