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Linden City Zoning Code

§ 31-22

BUFFERS.

[Ord. No. 60-1 § 3]
a. 
Within any zone, other than permitted uses in a residential zone, in which the lot(s) submitted for plat approval abut a residential zone, the following buffer area and landscaping requirements shall apply.
1. 
A strip of land ten (10%) percent of the average width of the property when a nonresidential use abuts a residential zone on the side, and/or ten (10%) percent of the average depth of the property when a nonresidential use abuts a residential zone at the rear, shall be designated as a buffer area and so indicated on the plat. Buffer areas shall be contiguous with residential property lines and shall be of uniform width. In no case shall the width of the buffer be required to exceed fifty (50%) feet. If the buffer is less than ten (10) feet wide, the applicant may be required to erect a six (6) 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. Where more restrictive standards are set forth in specific zoning districts, they shall apply.
2. 
A solid and continuous landscaped screen shall be planted and maintained to conceal the parking and loading areas, and eliminate the glare of vehicle lights throughout the year from the abutting residential areas. In addition, adequate plantings including deciduous trees shall be utilized to soften the appearance of the building as viewed from adjoining residential lots. The parking lot and loading area screen shall consist of evergreen trees, such as hemlock, Douglas fir, or Norway spruce. Trees shall be planted in a zigzag pattern and not more than seven (7) feet apart, except where otherwise authorized by the approving authority. Evergreen trees shall not be less than six (6) feet high when planted and the lowest branches shall not be more than 1 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.
3. 
The shade trees, such as sugar maples, scarlet oaks, pin oaks, willow oaks, Norway maples, sweet gum or ash, shall be planted by the applicant at a distance of not more than forty (40) feet from each other.
4. 
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.
5. 
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.
6. 
All proposed landscaping screens and planting under this subsection shall be referred by the approving authority to the City Planner for recommendations. In the event the City Planner finds that further planting of evergreen will not grow satisfactorily in said buffer areas, stockade fences six (6) feet in height shall be erected in the buffer area as provided. No applicant shall be required to erect more than one six (6) foot high stockade fence in any one buffer area.
7. 
Under exceptional circumstances, the approving authority shall have the power to waive any of the requirements or details specified above if they determine an adequate buffer can be provided in less than ten (10) 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-51, 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; the adequacy and location of screening and parking areas; structures and uses; and such other matters as may be found to have a material bearing on the above standards and objectives.