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 city, these regulations are based on the following goals:

1.

Facilitate the protection, replenishment and maintenance of the existing environment;

2.

Conserve and protect the character of the city's sensitive environmental resources, open spaces, parks, and entrance corridors;

3.

Preserve and enhance the aesthetic character of the city;

4.

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

5.

Enhance erosion control practices through the creative use of plant materials;

6.

Improve the relationship between adjacent properties via screening and buffering;

7.

Preserve and enhance to quality of existing flood plains and stream valleys through improved landscaping and landscape maintenance;

8.

Provide adequate tree canopy and vegetative cover for new development; and

9.

Introduce and promote complementary landscaping to supplement site plan requirements, best management practices, and stormwater management improvements.

10.

Promote creative and attractive landscapes that support economic development and the beautification of the city's neighborhoods, central business district, and entrance corridors.

1.

Unless otherwise waived or modified by the zoning administrator as provided in this ordinance these landscape requirements shall apply to:

a.

All new developments, or redevelopments, requiring an approved site plan as specified in this ordinance.

b.

All properties seeking rezoning or special use permit under the requirements of this ordinance.

2.

These requirements shall not apply to existing or proposed, single-family detached dwellings on individual lots.

3.

Review for compliance with the standards of this section shall occur during review of an application for a site plan, special use permit, and/or TND-O or EC-O development, as appropriate.

1.

A landscape plan must be submitted with each site plan application, unless specifically waived by the zoning administrator. A waiver may be made in cases where the zoning administrator determines that the project is of a minor nature or where the absence of a landscape plan would have minimal impact on surrounding public or private facilities.

2.

The landscape plan shall include:

a.

Location, type, size, height, number and botanical name and construction details for proposed landscaping materials. Information is to be provided in graphic and tabular format.

b.

Planting specifications and installation details for proposed landscaping materials, including a schedule of recommended planting timeframes for specific plant materials and ground covers.

c.

Location and size of all existing landscape materials to be retained during the site development process as well as appropriate landscape protection measures to be implemented during the site construction process.

d.

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

e.

Designation of required setbacks, yards and screening areas.

f.

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.

g.

Acreage of disturbed areas, computed to the nearest one-tenth acre.

h.

Acreage and location of proposed open spaces and recreation areas, computed to the nearest one-tenth acre.

i.

Location, size and construction details for site lighting, special hardscape and landscape features, irrigation systems and exterior site furnishings.

j.

Methods and specifications for tree protection during construction phases.

k.

Landscape treatment of stormwater management improvements, best management practices structures, and erosion and sediment controls.

l.

Certification or statement of qualifications of the landscape plan preparer.

m.

The location of proposed irrigation systems intended to support the installed landscaping.

1.

All required landscaping materials shall be installed prior to the issuance of a certificate of occupancy, provided that seasonal planting adjustments may be approved by the zoning administrator.

2.

Existing healthy, well-formed canopy and understory trees, as well as healthy shrubs, shall be credited toward the requirements of this section, provided the vegetation meets the minimum size standards and is protected before and during development of the site and maintained thereafter in a healthy growing condition.

3.

All landscape materials shall be selected and sized in accordance with hardiness rating and growth habit appropriate for the intended placement of materials. All landscape materials shall be well branched and well formed, vigorous, healthy and free from disease, sun and wind damage and insect and shall have healthy and unbroken root systems.

4.

Stormwater management facilities required by this ordinance or other state, federal or city requirements may be incorporated into a proposed landscaping plan, potentially resulting in a credit towards landscaping or open space set-aside requirements, where applicable.

5.

The owner of the property upon which the required landscaping or buffering is installed shall be responsible for perpetual 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.

6.

Species of trees shall not be planted if the roots cause damage to public works, the branches are subject to high incidence of breakage, and the fruit is considered a nuisance or high maintenance as determined by the director of public works.

7.

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. Whenever the enforcement of the provisions of this ordinance may be deemed a traffic hazard, the zoning administrator may waive any or all requirements.

8.

The quality and type of all new plant materials installed on a site shall be in accord with the specifications of the American Association of Nurserymen, provided that the transplanting of trees and shrubs may be done in accordance with accepted horticultural and forestry practices.

9.

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

a.

Deciduous shade trees: Two-inch caliper

b.

Ornamental and understory trees: Six-foot height.

c.

Coniferous trees: Six-foot height.

d.

Evergreen shrubs: Eighteen-inch spread or height.

e.

Deciduous shrubs: Twenty-four-inch spread or height.

1.

For purposes of this section, "tree canopy" shall include all areas of coverage by existing plant material exceeding five (5) feet in height, and the extent of planted tree canopy at maturity shall be based on the published reference text, Manual of Woody Landscape Plants, fifth edition, 1998, by Michael A. Dirr or other commonly accepted landscape material reference manual.

2.

The planting or replacement of trees on a development site shall be required to the extent that twenty (20) years after planting, minimum tree canopies shall be provided as follows in the following zoning districts:

a.

All residential districts: Twenty (20) percent of entire development site.

b.

Transitional and professional districts: Fifteen (15) percent of entire development site.

c.

Commercial districts: Ten (10) percent of entire development site.

d.

Economic development districts: Ten (10) percent of entire development site.

3.

Tree canopy requirements may be reduced on a case-by-case basis by waiver of the zoning administrator during the site plan or subdivision plat approval process where it can be clearly demonstrated by the applicant that either:

a.

The reduced canopy achieves the intended landscape design objective through a combination of alternative landscape architectural and landscaping techniques, or

b.

Where the characteristics of the property are such that the canopy coverage would not be effective and other methods of landscaping provide equal and adequate design responses.

4.

Upon approval of the zoning administrator, tree canopy requirements may be met through off-site plantings on city-owned lands.

5.

Existing trees that are to be preserved may be included to meet all or part of the tree canopy requirements. Any existing tree used to meet the requirements of this ordinance must be at least three-inch caliper, and be protected during any construction activity.

6.

Existing trees infested with disease or structurally damaged to the extent that they pose a hazard to person or property, or to the health of other trees on site, shall not be included to meet the tree canopy requirements.

7.

Tree canopy requirements do not replace, or negate full compliance with, the requirements of any other section of the landscaping ordinance. However, if planting of landscaping required by this ordinance meets or exceeds the tree canopy requirement, no further planting of trees or replacement of trees is required by this section.

8.

The following shall be exempt from the acreage for the calculation of tree canopy requirements:

a.

Dedicated K-12 school sites; public and private.

b.

Playing fields and other nonwooded recreation areas.

c.

Designated wetlands and water features.

d.

Other, as may be approved by the zoning administrator.

Landscape buffering is intended to provide a year-round visual screen between two (2) or more properties containing uses deemed incompatible, or where otherwise necessary to in order to minimize adverse impacts. It may consist of fencing, evergreens, boulders, mounds, or a combination of materials to achieve buffering objectives.

1.

A landscape buffer area, and associated plantings, shall be required in the following conditions:

a.

Where a professional, commercial, or manufacturing zoned development abuts a residential zoning district.

b.

Where the zoning administrator determines that a buffer is necessary to:

1.

Shield neighboring properties from any adverse external effects of a development; or

2.

Shield the development from negative impacts of adjacent uses such as streets or railroads.

2.

Buffer requirements:

a.

Where a professional or business zoned development abuts a residential zoning district, a natural buffer strip twenty-five (25) feet in width shall be required. Where site considerations do not allow a natural buffer of twenty-five (25) feet width, a smaller buffer, or a privacy fence or wall, may be substituted for all or a portion of that buffer, as determined by the zoning administrator.

b.

Where a commercial zoned development abuts a residential zoning district, a natural buffer strip of fifty (50) feet in width shall be required. Where site considerations do not allow a natural buffer of fifty (50) feet width, a solid privacy fence or wall and twenty-five (25) feet natural buffer strip may substitute.

c.

Where a manufacturing zoned development abuts a residential zoning district, a natural buffer strip of one hundred (100) feet in width shall be required. Where site considerations do not allow a natural buffer of one hundred (100) feet width, a solid privacy fence or wall and fifty (50) feet natural buffer strip may substitute.

d.

Where residential subdivisions abut higher order streets (collectors or arterials), adjacent lots shall front on lower order streets, and a landscaped buffer area shall be provided along the property line abutting the road. The buffer strip shall be a minimum of twenty-five (25) feet wide or wider where necessary for the health and safety of the residents. It shall include both trees and shrubs.

3.

Plants should be sufficiently large and planted in such a fashion that a year-round screen at least six (6) feet in height shall be produced within one growing season. All plantings shall be installed according to accepted horticultural standards.

4.

Arrangement of plantings in buffers shall provide maximum protection to adjacent properties and avoid damage to existing plant material. Possible arrangements include planting in parallel, serpentine, and broken rows. If planted berms are used, the minimum top width shall be four (4) feet, and the maximum side slope shall be 2:1.

5.

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

6.

In addition to other required landscape elements, screening shall be required to conceal specific areas from both on-site and off-site views. Such areas shall be screened at all times, unless waived by the zoning administrator or planning commission, regardless of adjacent uses, adjacent districts, or other proximate landscaping material. Specific areas to be screened include:

a.

Large waste receptacles (dumpsters) and refuse collection points (including cardboard recycling containers).

b.

Loading and service areas.

c.

Outdoor storage areas (including storage tanks).

d.

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

e.

Ground level mechanical units.

7.

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.

8.

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

All vehicle parking areas, public and private, 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 are not intended to apply to off-street parking spaces or private driveway access for individual single family residential dwellings.

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 (2.5) feet in width shall be located between the parking lot and the abutting property line.

b.

A minimum of one tree for each forty (40) feet of contiguous property line shall be planted in the landscaping strip. This planting shall be in addition to any planting within a required zoning district buffer yard and in addition to any planting within six (6) feet of a building or structure.

c.

Where appropriate, shrubs and ground covers may be provided within the landscaping strip to establish an enhanced low level visual buffer between the adjoining properties.

d.

At maturity, these shrubs and other ground covers shall be three (3) to five (5) feet in height. Landscape plans are encouraged to incorporate earth berms, where appropriate, into the buffer strips.

2.

Parking lots adjacent to public streets. For parking lots and private access adjacent to public streets which are subject to site plan or subdivision approval, or where a site plan is otherwise required, 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 city street, a landscaping strip of five (5) feet in width (not including the sidewalk) shall be located between the parking lot or private driveway and the right-of-way line.

b.

A minimum of one tree for each forty (40) feet of property line common with the public right-of-way shall be planted in the landscaping strip. This planting shall be in addition to any planting within a required buffer and in addition to any planting within six (6) feet of a building or structure.

c.

Where appropriate, shrubs and ground covers may be provided within the landscaping strip to establish an enhanced low level visual buffer between the parking lot and the public right-of-way.

d.

At maturity, these shrubs and other ground covers shall be a minimum of three (3) to five (5) feet in height. The landscape design for such shrubs and ground covers shall also serve to direct and control pedestrian access into parking lots.

e.

Landscape plans are encouraged to incorporate earth berms, where appropriate, into the right-of-way landscaped buffer strips.

3.

All parking lots of thirty-one (31) or more spaces shall contain within the interior of the parking lot not less than one tree for every fifteen (15) continuous parking spaces or fraction thereof. Such trees shall be reasonably dispersed throughout the interior of the parking lot in accord with good landscape and urban design practices. In the instance where the parking lots contain double-loaded parking bays, trees planted in the interior section between the bays may count towards the spaces in both rows. 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.

Landscaping located within the interior of parking lots shall be contained within planting islands with raised medians. Planting islands which are located parallel to the long dimension of a parking spaces shall have a minimum width of ten (10) feet and shall be designed to permit vehicular doors to open fully without impacting plant materials. A median (or island) shall be constructed to separate no more than fifteen (15) contiguous perpendicular spaces for single-loading bays and thirty (30) for double-loading bays. A planting island with raised median (with curb and gutter) shall be constructed to terminate the end of any perpendicular parking bay and to provide adequate separation from an adjacent to a private driveway or travelway.

5.

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 one hundred fifty (150) total parking spaces.

b.

Parking lot layout incorporates three (3) or more double-loaded or single-loaded parking bays which are contiguous and parallel to each other, and the requirements of paragraph 4 above.

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 (6) 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.

6.

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.

7.

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.

8.

The type and method of parking lot landscape irrigation shall be fully described in the site plan if any irrigation is to be included in the design.

9.

The applicant, or the applicant's landscape architect, landscape designer, or project engineer shall consult with the zoning administrator during the concept plan phase to determine the most appropriate parking lot layout and coordinated landscape design concepts, tree placement, and suitable species of trees and ground cover to be used in parking lots.

1.

Fences and walls may be used within planned landscaping 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 of wall in proposed.

2.

The provisions of this section shall apply to all construction, substantial 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.

3.

Fences or walls shall be located outside of the public right-of-way, and may not exceed twenty-four (24) inches in height if located within a required sight triangle.

4.

Fences and walls may be located within any required yard.

5.

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

6.

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.

7.

Nothing in this section shall be construed to prevent the installation of temporary fencing to protect existing trees, or as part of an approved erosion and sediment control plan.

8.

A fence or wall in any residential zoning district shall not exceed seven (7) feet in height above the existing grade, unless approved by the zoning administrator.

9.

A fence or wall in any professional, commercial, or manufacturing district shall not exceed eight (8) feet in height above the existing grade.

10.

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

11.

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.

12.

All fences and walls shall receive regular structural maintenance to prevent and address sagging and weathering of surfaces visible from the public right-of-way. Any deteriorated, damaged, or decayed fence materials shall be repaired.

13.

The design and materials used shall be functional and compatible with existing and proposed site architecture.

1.

Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all re-graded surfaces so as to provide at least four (4) inches of even cover to all disturbed areas of the development and shall be stabilized by seeding and planting.

2.

Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site within thirty (30) days of notification by the zoning administrator and disposed of in accordance with the law. No tree stumps, or portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site within thirty (30) days of notification by the zoning administrator. If trees or limbs are reduced to chips, they may be used as mulch in landscaped areas, subject to approval by the administrator.

3.

Protection of existing plantings. Maximum effort should be made to save fine specimens. No material or temporary soil deposits shall be placed within four (4) feet of shrubs or ten (10) feet of trees designated on the landscape plan to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants that they are protecting but shall be self-supporting. They shall be a minimum of four (4) feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.

4.

Slope plantings. Landscaping of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot vertically to three (3) feet horizontally shall be planted with ground cover appropriate for the purpose and the soil conditions, water availability and environment.

5.

Additional landscaping. In high density residential developments, besides the screening and street trees required, additional plantings or landscaping elements may be required where necessary for privacy, or other reasons in accordance with the landscape plan approved by the planning commission and taking into consideration cost restraints. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs, and trees as part of the landscape plan approved by the planning commission.

6.

Planting specifications. Deciduous trees shall have at least a two-inch caliper at planting. Size of evergreens and shrubs shall be allowed to vary depending on setting and type of shrub. Only nursery grown plant materials shall be acceptable, and all trees, shrubs, and ground covers shall be planted according to accepted horticultural standards. Dead and dying plants shall be removed from the site within thirty (30) days of notification by the zoning administrator and shall be replaced by the developer during the following planting season.

7.

Plant species. The plant species selected should be hardy for the local climate zone and growing season and appropriate in terms of function and size. No species to be planted in public pedestrian or civic spaces that create health or safety hazards.

Landscaping plans and plantings installed within the city should generally aspire to follow the example of trees and plants native to Virginia and the Martinsville region, as well as those landscape patterns established in the city in the past.

1.

Landscape designers shall make every effort to utilize natural materials, trees, shrubs, and other plants native to Virginia, and to create landscapes that minimize the need for maintenance and irrigation. Non-native species are not recommended.

2.

For the purposes of meeting the city's landscape ordinance goals, the following plant and tree species are suggested as a guide to landscape architects and landscape designers. This list is intended as a suggestion only. Tree selection in and maintenance of areas frequented by pedestrians should take into consideration the potential safety hazard created by leaf matter.

Final plant suggestions 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.

a.

Street and shade trees: Green Ash, Red Maple, Norway Maple, Sugar Maple, Red Oak, Willow Oak, Japanese Pagoda Tree, Silver Linden, Zelkova, Yellowwood, Bald Cypress.

b.

Ornamental or flowering trees: Amur Maple, Dogwood (Kousa), Washington Hawthorn, Plum, Serviceberry, Redbud, Callery Pear, Crepe Myrtle, Gingko Tree, Crab Apple.

c.

Evergreen or flowering shrubs: English Yew, Japanese Yew, Azalea, Chinese Holly, Rhododendren, Abelia, Cotoneaster, Forsythia, Viburnum, Winged Euonymus, Flowering Quince, Shadbow.

d.

Buffering/screening: Austrian Pine, Norway Spruce, American Holly, Arborvitae, Foster Holly, White Pine.