Lake Como City Zoning Code
§ 17-19
BUFFERS.
[Ord. No. 90-535]
Within any zone, other than a residential zone, in which the lot(s) submitted for plat approval abuts a residential zone, the following buffer area and landscaping requirements shall apply:
a.
A strip of land 20% of the average width of the property when a nonresidential use abuts a residential zone on the side, and/or 20% of the average depth of the property when a non-residential use abuts a residential zone at the rear, shall be designated as a buffer area and so indicated on the plat. Buffer areas will be contiguous with residential property lines and shall be of uniform width. In no case should the width of the buffer exceed 50 feet. If the buffer is less than 20 feet wide, the applicant may be required to erect a six-foot-high stockade fence within the buffer area parallel to the lot line of the abutting residential lot and set back a distance appropriate for the landscaping treatment in the buffer area.
b.
Requirements for Planting in the Buffer Area.
1.
A solid and contiguous landscaped screen shall be planted and maintained to conceal the parking and loading areas, eliminate the glare of vehicle lights throughout the year and camouflage the building from the abutting residential areas. The landscape screen shall consist of evergreen trees, such as hemlock, Douglas fir, Norway spruce, etc. Trees shall be planted in an area five to 20 feet from the residential line in a zigzag pattern and not more than six feet apart, except where otherwise authorized by the approving authority. Evergreen trees shall not be less than five feet high when planted and the lowest branches shall be not more than one foot above the ground. In the event the existing evergreen trees do not cover the required area from the ground, said landscaping screen shall be supplemented with evergreen shrubbery.
2.
In addition to the landscaped screen, shade trees such as sugar maples, scarlet oaks, pin oaks, willow oaks, Norway maples, sweet gum, ash, etc., shall be planted by the applicant at a distance of not more than 40 feet from each other.
3.
The height of the landscaped screen shall be measured in relation to the elevation of the edge of the parking and loading area. Where the landscaped screen is lower than the elevation of the parking or loading area, either the required height of the screen shall be increased equal to the difference in elevation or the parking or loading area shall be moved to allow the plantings to be located in an area with a similar elevation as the parking or loading area.
4.
If the buffer area includes existing growth of evergreen and deciduous trees and shrubbery but not enough to provide a suitable screen as required above, existing trees and shrubbery may remain and shall be supplemented by additional evergreen plantings to provide the required landscape screen.
c.
The approving authority shall have the power to waive any of the requirements or details specified above if it determines an adequate buffer can be provided in less than 20 feet while maintaining the purposes of this section. The approving authority, when considering waiving any of the buffer requirements, shall review the proposed plat and the standards and purposes of N.J.S.A. 40:55D-1 et seq. and, to these ends, shall consider the location of buildings, parking areas, outdoor illumination and other features of the topography of the area and existing features such as trees, streams; the efficiency, adequacy and safety of the proposed layout of driveways, streets, sidewalks and paths; the adequacy and location of existing green areas and buffer areas; structures and uses; and such other matters as may be found to have a material bearing on the above standards and objectives.