The purpose of this section is to establish standards for landscape architecture, site design, site buffering, and landscape screening. With the intent of preserving and promoting the health, safety, and general welfare of the county, these regulations are based on the following goals:

(1)

Preserve and enhance the aesthetic character of the county;

(2)

Protect the quality of the county's natural rivers, streams, and wetlands;

(3)

Enhance erosion control;

(4)

Improve the relationship between adjacent properties through screening and buffering;

(5)

Promote economic development in the county's neighborhoods, historic districts, and entrance corridors.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

These landscape requirements shall apply to:

(1)

All new developments, or redevelopments, requiring an approved site plan as specified by this chapter.

(2)

All properties seeking rezoning or conditional use permit under the requirements of this chapter.

(b)

These requirements shall not apply to parcels containing single-family detached dwellings or two-family dwellings.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The landscape plan shall include:

1.

Location, type, size, height, and number of proposed plantings.

2.

Planting specifications and installation details.

3.

Location and size of all existing plants and trees to be retained during construction, as well as protection measures to be implemented during construction.

4.

Location, size and other related design details for all hardscape improvements, signage, recreational improvements and open space areas, fences, walls, barriers and other related elements.

5.

Designation of required setbacks, yards and screening areas.

6.

Location of other man-made site features, parking lots, hardscape improvements, overhead structures and underground utilities to ensure that landscape materials will not be in conflict with the placement and operation of these improvements.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Required landscaping shall be installed prior to the issuance of a certificate of occupancy. When the planting of landscaping conflicts with the planting season, a certificate of occupancy may be issued subject to the owner or developer providing surety in an amount approved by the zoning administrator for any remaining plantings. The owner or developer shall provide a development agreement which sets a deadline by which the plantings will be installed to be approved by the zoning administrator. The surety and agreement must both be in a form approved by the county attorney.

(b)

Existing healthy trees and shrubs shall be credited toward any minimum landscaping required by this section, provided they meet minimum size standards and are protected before and during construction and maintained thereafter in a healthy growing condition.

(c)

The owner of the property upon which the required landscaping or buffering is installed shall be responsible for maintenance and replacement. If any required tree, shrub, or other landscaping element shall die or be removed after issuance of the certificate of occupancy, the developer, his or her successors or assigns, shall replace each by the end of the next planting season with trees or shrubs of the same or similar species, type, color, or character.

(d)

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

(e)

All required landscape materials shall conform to the following minimum size or height standards at the time of planting:

(1)

Deciduous shade trees: 2-inch caliper

(2)

Ornamental and understory trees: 4-foot height

(3)

Coniferous trees: 6-foot height

(4)

Shrubs: 12-inch spread or height

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Landscape buffering is intended to provide a year-round visual screen between two or more properties in order to minimize visual and other adverse impacts. Buffering may consist of fencing, evergreens, boulders, mounds, or a combination of materials.

(1)

A landscape buffer area shall be required where a commercially or industrially zoned development abuts an agricultural or residential zoning district, or where multi-family residential development abuts any property zoned A-C or R-R. Landscape buffers shall be approved by the zoning administrator during the site plan process.

(2)

In the above conditions, a continuous six-foot high buffer with a minimum width of 25 feet shall be required. Buffers shall be comprised of:

a.

A combination of solid masonry wall or opaque fence at least six feet in height and landscaping consisting of six deciduous trees per 100 linear feet of buffer; or,

b.

Landscaping consisting of:

1.

One evergreen tree per seven linear feet of buffer, which shall be placed in two staggered rows six feet apart;

2.

One understory tree per 25 linear feet of buffer;

3.

One deciduous tree per 50 linear feet of buffer.

4.

One shrub per three linear feet of buffer; and,

(3)

Plants should be sufficiently large and planted in such a fashion that a year-round screen at least six feet in height shall be produced within one growing season.

(4)

No buildings, structures, storage of materials, or parking shall be permitted within a buffer area.

(5)

Buffer plantings shall be maintained in perpetuity in such a way as to ensure that the buffering requirements of this chapter continue to be met. Any dead or dying plants shall be removed within 30 days of notification by the zoning administrator and shall be replaced by the property owner during the next viable planting season.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Screening shall be required to conceal specific areas from both on-site and off-site views. Such areas shall be screened at all times, regardless of adjacent uses, adjacent districts, or other proximate landscaping material. Specific areas to be screened include:

(1)

Trash, recycling, and grease containers (including dumpsters and cardboard recycling containers).

(2)

Loading and service areas.

(3)

Outdoor storage areas (including storage tanks).

(4)

Ground-based utility equipment with size in excess of 12 cubic feet.

(5)

Ground level electrical and mechanical units, including heating, ventilation, and air conditioning units.

(b)

The above-mentioned areas shall be screened using an appropriate combination of landscape plants, fencing, or masonry walls to adequately screen them from views both on and off the subject property.

(c)

Access to all grease containers, recycling and trash containers, and other outside storage shall be through gates capable of closure when not in use. All gates shall be closed when not in use.

(d)

Screening plantings shall be maintained in perpetuity in such a way as to ensure that the buffering requirements of this chapter continue to be met. Any dead or dying plants shall be removed within 30 days of notification by the zoning administrator and shall be replaced by the property owner during the next viable planting season.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

All vehicle parking areas shall include landscaping, both within the interior of the parking area and around its perimeter, to provide shade, screen views, mitigate runoff, and provide aesthetic appeal. However, the landscape provisions of this section shall not apply to off-street parking for individual single or two-family residential dwellings, or for parking structures or vehicle display areas.

(1)

Parking lots adjacent to lot lines. For parking lots immediately adjacent to lot lines, the following landscape regulations shall apply:

a.

Where a parking lot (or a private driveway providing access to a parking lot or building entry) abuts a property line not common with the right-of-way of a street, a landscaping strip of two and one-half feet in width shall be located between the parking lot and the abutting property line.

b.

A minimum of one tree for each 40 feet of contiguous property line shall be planted in the landscape strip.

(2)

Parking lots adjacent to public streets. For parking lots and private access adjacent to public streets which are subject to site plan approval, the following landscape regulations shall apply:

a.

Where a parking lot (or a private driveway providing access to a parking lot or building entry) abuts a public right-of-way for a County street, a landscaping strip of five feet in width (not including the pedestrian path) shall be located between the parking lot or private driveway and the right-of-way line.

b.

A minimum of one tree for each 40 feet of property line common with the public right-of-way shall be planted in the landscaping strip.

(3)

All parking lots of 30 or more spaces shall contain within the interior of the parking lot not less than one tree for every 12 continuous parking spaces or fraction thereof. Such trees shall be dispersed throughout the interior of the parking lot. In the case of redevelopment proposals, this parking lot tree requirement is only applicable to those proposals that necessitate additional parking spaces over those that are currently provided.

(4)

Landscaped planting islands (located such that parking spaces are on opposing sides of the planting island) shall be developed in parking lots meeting the following criteria:

a.

The total size of the parking lot exceeds 150 total parking spaces.

b.

Parking lot layout incorporates three or more double-loaded or single-loaded parking bays which are contiguous and parallel to each other.

c.

Planting islands which are designed to be perpendicular to the parking bay shall be constructed for every other parking bay.

d.

Planting islands shall have a minimum width of six feet to allow for bumper overhang and shall otherwise provide adequate width for the growth and maintenance of the intended landscape materials to be planted therein.

(5)

The primary landscaping materials used in parking lots shall be trees which provide shade or are capable of providing shade at maturity. Shrubs and other live planting material may be used to complement the primary, tree landscaping.

(6)

The landscaping shall be dispersed throughout the parking lot, with interior dimensions of any planting area (i.e. interior parking median) sufficient to protect and maintain all landscaping materials planted therein.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Fences and walls may be used within landscaped areas to provide buffering, privacy, separation, security, or for aesthetic reasons, but may not create an unsightly or unsafe condition on or off of the public or private property on which the fence or wall is proposed.

(1)

The provisions of this section shall apply to all construction, reconstruction, or replacement of fences or walls except:

a.

Those required for support of a principal or accessory structure;

b.

Engineered retaining walls necessary to the development of a site;

c.

Temporary fences for construction activities, trees protection, and erosion and sediment control.

(2)

Fences or walls shall not be located within the public right-of-way.

(3)

Fences and walls may be located within any required yard or setback.

(4)

Fences located within an easement shall receive written authorization from the easement holder or the county (as appropriate). The county shall not be responsible for damage to, or the repair or replacement of, fences that must be removed to access such easements or facilities.

(5)

No fence or wall shall be installed in a manner or in a location so as to block or divert a natural drainage flow on to or off of any other land, unless the fence or wall has specifically been approved as part of an approved stormwater management plan.

(6)

A fence or wall in any residential zoning district shall not exceed seven feet in height above the existing grade without approval of a conditional use permit.

(7)

A fence or wall in any commercial zoning district shall not exceed eight feet in height above the existing grade without approval of a conditional use permit.

(8)

No fence or wall shall be constructed in a manner or in a location that impairs safety or sightlines for pedestrians and vehicles traveling on public rights-of-way.

(9)

All fences and walls and associated landscaping shall be maintained in good repair and in a safe and attractive condition. The owner of the property on which a fence or wall is located shall be responsible for maintenance, including but not limited to, the replacement of missing, decayed, or broken structural and decorative elements.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Landscaping plans and plantings installed within the county should generally be sustainable and biologically diverse with emphasis on trees and plants native to Virginia and the King William region.

(1)

Landscape designers shall make every effort to use healthy and locally sourced, trees, shrubs, and other plants, and to create landscapes that minimize the need for maintenance and irrigation. Invasive species are not recommended.

(2)

Final plant selections should be made by property owners in consultation with qualified landscape professionals, and should consider specific site conditions, disease resistance, and other qualities to ensure healthy and beautiful landscapes.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The landscaping standards shall be enforced by the King William County Zoning Administrator.

(1)

The zoning administrator may reduce full buffering and screening to partial buffering and screening as deemed appropriate when commercial uses are in-kind with adjacent uses.

(2)

An appeal to the board may be taken by any person aggrieved or by any officer, department, board or bureau of the county affected by any decision of the zoning administrator in enforcement of this section as outlined in article IV, division 7 of this chapter.

(Ord. No. 09-21R2, Att. A, 9-27-2021)