(a)

The purpose of this article is to accomplish the following:

(1)

To enhance the local eco-system with plants that provide shade, cool through transpiration, improve stormwater management, and produce oxygen through photosynthesis by uptaking carbon dioxide; and

(2)

To improve the aesthetic value and general appearance for a particular area which includes improving the visual impression of the landscape site and the features placed upon it; and

(3)

To preserve the quality of the residential environment; and

(4)

To separate incompatible sound and site features; and

(5)

To protect natural resources such as forested lands and riparian corridors.

(b)

For the required landscape screening in this article, deciduous plantings, either new or existing, may be incorporated into the required evergreen plantings to make such screening less monotonous and to reduce the potential problems of disease or blight associated with utilizing one plant type at a location; such deciduous plantings shall be subject to approval as specified in this article.

(Ord. No. 72-10, 2-24-72; Ord. No. 99-13, 5-24-99; Ord. No. 21-02, Amend. No. 2, 1-11-21)

(a)

Residential.

(1)

In any RM, RA, and RR district, an evergreen landscape screen and/or a fence or wall a minimum of six feet in height shall be planted and/or erected to separate any permitted non "one-family" residential use (including one-family row or group dwellings) from any lot zoned RH, RT, RS, RD, and AC or any lot developed or approved for development for one-family (detached or semidetached) residential uses. Such evergreen landscape screen and/or fence or wall may extend into the building setback line, rear yard, or side yards; a fence or wall, as defined in Section 32-4(a)(43.1), in front yards within the building setback shall not exceed three feet in height as specified in Section 32-56.6 of this chapter.

(2)

Shade trees shall be planted and/or maintained on all street frontages, with tree spacing to be an average of 35 feet on center, with a minimum spacing of 30 feet and a maximum spacing of 40 feet, except as noted in Section 32-87(g)(3) concerning utilities and Section 32-87(a)(3) concerning major residential subdivisions of this article. Shade trees shall be a minimum caliper of 2.5 inches and 12 feet high.

(3)

For major residential subdivisions one shade tree shall be provided for each single-family and single-family semidetached lot and one shade tree every 40 feet of lot width for row or townhouse, garden apartment, or high-rise development.

(4)

Off-street parking areas for multifamily residential subdivisions shall include landscaping as required in subsection (f)(4) or (5) herein.

(b)

Business/residential.

(1)

In any BL, BN, BB, or BC district, an evergreen landscape screen and/or a fence or, wall a minimum of six feet in height shall be planted and/or erected to separate any permitted use from any lot zoned residential or any lot developed or approved for development for residential use. Such landscape screen and/or fence or wall may extend into the building setback line, rear yard, or side yards.

(c)

Manufacturing.

(1)

At the boundary between any ML, MOR or MI district and any residential district, or any lot developed or approved for development for residential use, there shall be a landscaped 50-foot buffer area which shall include an evergreen landscape screen and/or a fence or wall a minimum of six feet in height.

(2)

Off-street parking areas shall include landscaping as required in subsection (f)(4) or (5) herein.

(3)

Shade trees shall be planted and/or maintained on all street frontages, with tree spacing to be an average of 40 feet on center, with a minimum spacing of 35 feet and a maximum spacing of 45 feet. Shade trees shall be a minimum of 2.5 inches in caliper and 12 feet high.

(d)

Activity areas to be screened.

(1)

In addition to the above required landscape screening, all activity areas such as parking lots, loading areas, open storage areas, swimming pools, playgrounds, etc., shall be appropriately screened as follows:

a.

In any RM, RA, RR, and AC district, all activity areas shall be appropriately screened from any lot zoned RH, RT, RS and RD, or any lot developed or approved for development for one-family (detached or semidetached) residential uses.

b.

In any BL, BLR, BN, BB, BC, ML, MI, UN, and MOR district all activity areas shall be appropriately screened from any lot zoned RH, RT, RS, RD, RM, RR, RA, and AC or any lot developed or approved for development for residential use.

(e)

Nonresidential areas to be screened.

(1)

All nonresidential uses permitted in an RH, RT, RS, RD, RM, RA, RR, BLR, and AC district shall provide an evergreen landscape screen a minimum of six feet in height which shall be planted and/or erected between such use and any residential use.

(f)

Within business districts.

(1)

All portions of improved properties, except as noted below, which are not used for buildings, structures, off-street parking and loading, sidewalks, malls, or similar purposes, shall be appropriately landscaped with turf, shrubs, trees, and other ground cover in such a manner as to minimize erosion and stormwater runoff and to improve the general appearance of the property. Such areas shall, in addition, include one shade tree with a minimum two and one-half-inch caliper and 12 feet in height for every 700 square feet. Such landscaping may extend into the building setback line, rear, or side yard.

(2)

Shade trees shall be planted and/or maintained on all street frontages, with tree spacing to be an average of 35 feet on center, with a minimum spacing of 30 feet and a maximum spacing of 40 feet, with each tree a minimum of 2.5 inch caliper and 12 feet in height, except as noted in Section 32-87(g)(3) concerning utilities of this article.

(3)

All uses specified under this chapter shall be, in addition to the requirements noted in (1) and (2) above, subject to the following minimum landscaping requirements:

(4)

Off-street parking areas that contain 25 or more parking spaces must meet the following standards:

a.

Every 25 spaces shall include curbed landscape or low impact designed islands designed to enhance stormwater infiltration and to ensure a smooth flow of traffic. Such landscaped islands shall total a minimum of 250 square feet of area per 25 parking spaces that may be divided into islands or into continuous strips within the total area set aside for parking and access to parking. Each island or strip shall contain turf and ground cover which shall form a continuous mat of vegetation within one year of installation; turf shall not exceed 50 percent of the total landscaped island or strip. Each 250 square feet of landscaped islands or strips shall have a minimum of one shade tree with a minimum two and one-half-inch caliper and 12 feet in height at planting, and a minimum 12-inch diameter at breast height (DBH) at maturity. Shade trees shall be installed so that no parking space shall be more than 75 feet from a tree trunk. Public works department approved under drains, to remove excess water, shall be installed at landscaped islands and strips. Areas used for landscaped islands or strips shall be provided in an amount equivalent to a minimum of 15 percent of the total paved parking facility, not including buffer areas separating the parking facility from adjoining streets or properties.

b.

Off-street parking areas shall be separated from adjoining properties with a six foot high evergreen landscape screen within a minimum six foot wide planting strip.

c.

Off-street parking areas containing 25 to 125 spaces shall be set back from each abutting street right-of-way by a landscaped strip at least ten feet wide; containing one two and one-half-inch caliper street tree, a minimum of 12 feet in height, spaced a minimum of 30 feet and a maximum of 40 feet apart; and also containing evergreen shrubs with one 24-inch minimum in height shrub per three lineal feet expected to reach a minimum height of 36 inches and a minimum spread of 30 inches within three years of planting; landscaped berms can be used to meet this height requirement and such berms may consist of solid walls or earth berms incorporated into the landscaping, at a height of 36 to 48 inches, except where such installation conflicts with sight distance requirements for motor vehicles. If walls are used, compatibility in design with the facades of the proposed or existing buildings shall be required. Walls must have one-third of their surface area that face off-site covered by plant materials.

d.

Off-street parking areas containing more than 125 spaces shall be set back from each abutting street right-of-way by a landscaped strip at least 20 feet wide and shall conform to all design specifications in subsection c. above. Such areas, in addition, shall include landscape screens not less than 120 feet apart parallel with parking area vehicle travel lanes; such screens shall be at least six feet wide, containing evergreen shrubs with one 24-inch minimum in height shrub per three lineal feet, expected to reach a minimum height of 36 inches and a minimum spread of 30 inches within three years of planting; these areas may be combined with other required parking area plantings. Landscaped berms can be used to meet this requirement and such berms may consist of walls, incorporated into the landscaping, at a height of 36 to 48 inches, except where such installation conflicts with sight distance requirements for motor vehicles. If walls are used, compatibility in design with the facades of the proposed or existing buildings shall be required. Walls must have one-third of their surface area that face parking areas covered by plant materials.

(5)

Off-street parking areas that contain less than 25 parking spaces shall be separated from adjoining properties with a six foot high evergreen landscape screen within a minimum six foot wide planting strip, and shall be set back from each abutting street right-of-way with a minimum six foot wide strip; with at least 50% of this required area comprised of plants a minimum of 36 inches in height within one year of installation; landscaped berms may be used to meet these height requirements; and with one 2.5 inch caliper tree, at least 12 feet in height, spaced a minimum of 30 feet and a maximum of 40 feet apart.

(6)

Off-street parking areas containing 25 or more spaces constructed prior to the adoption of this revised article in 1999 and that do not contain landscaping as specified herein that are increased in size by at least 10 spaces as a result of new parking areas to be added to an existing lot that is nonconforming in terms of landscaping, or as a result of restriping, reconfiguration or the construction of new buildings may be required by the planning department to be brought into compliance with the requirements of this article. The planning department shall, in consultation with the parks department, determine the practicality of bringing such parking areas into conformance. Such parking areas as described in this subsection, however, that are increased in size by a least 25% in terms of total parking area and at least 10 spaces in number shall be brought into compliance with the requirements of this article.

(7)

BB District exception. Landscaping requirements as noted in Section 32-87(g) do not apply to any property zoned BB fronting on Main Street, between Tyre Avenue and South College Avenue; except that landscaping meeting the purposes of this ordinance may be required in BB zoned off-street parking areas.

(g)

General provisions, definitions, and tree mapping requirements.

(1)

When requirements in this article conflict with sight distances at intersections as noted in the Code, Chapter 26, Article 1, Section 26-10.1, and current engineering practices for sight distances at driveways, the sight distance requirements shall prevail.

(2)

When requirements in this article conflict with security concerns raised by the chief of police, such concerns shall prevail.

(3)

Where utility lines interfere with the installation of shade trees, two ornamental trees may be substituted for each required shade tree, or such shade trees shall be relocated, subject to the approval of the electric, and water and wastewater department directors.

(4)

Caliper as used herein shall mean the diameter of the tree taken six inches above ground level.

(5)

To meet the purposes of this article, all major subdivisions, except as otherwise specified herein, shall include a landscape and tree preservation plan including the following:

a.

Mapping of tree species and diameter at breast height (DBH) of all trees 12 inch DBH or greater within the portions of the site that can be developed. All non-invasive trees (See recommended list on website) with a DBH 12 inch or greater shall be designated as valued trees.

DBH, the standard for measuring trees, is the diameter at breast height measured at four and one-half feet above the ground. DBH can be measured by:

1.

Using a d-tape, a specially calibrated diameter tape that displays the diameter measurement when wrapped around the circumference of a tree.

2.

Using a measuring tape, string, and calculator. Measure four and one-half feet up the trunk of the tree from the ground with a measuring tape, wrap string around trunk at this height and measure string length to get circumference of the tree. Convert the circumference measurement to diameter by dividing circumference by pi (3.14).

b.

Delineate boundary of existing tree trunks and tree canopies within the portions of the site to be developed.

c.

Landscaping and tree planting as specified in this article.

d.

Tree preservation and on-site mitigation requirements. Tree preservation shall be required to limit removal of valued trees as defined herein. Unless otherwise specified, 75% or greater of the valued trees with a DBH of 12 inches to 23.99 inches and 75% or greater of the valued trees with a DBH of 24 inches and greater must be preserved. Any land required to be preserved by floodplain or wetland regulations and slopes 25% or greater cannot be included in this preservation percentage calculation. Additional valued trees may be removed, and replacement trees required to be planted prior to the issuance of certificates of occupancy, as directed by the parks and recreation director. Such valued tree removal may be based on a compartmentalization of decay in tree (CODIT) test that may be required by the parks and recreation director.

If greater than 25% of valued trees with a DBH of 12 inches to 23.99 inches or valued trees with a DBH of 24 inches and greater are removed, mitigation shall be required as follows:

Valued trees replaced shall be at the following rate:

1.

For every valued tree with a DBH of 12 inches to 17.99 inches to be removed, the replacement will be, at a minimum one, one and one-half inch to two-inch caliper tree.

2.

For every six inches of diameter (DBH) of the valued tree with a DBH of 18 inches to 23.99 inches to be removed or portions thereof, at a minimum two, one-and-one-half inch to two-inch caliper trees or five large shrubs or any combination of the two categories to be determined by the parks and recreation director. A large shrub is defined as a shrub measuring two to three feet in height at installation and a minimum of eight feet at mature height. (See website for shrub listing.)

3.

For every six inches of diameter (DBH) of the valued tree with a DBH of 24 inches and greater to be removed or portions thereof, at a minimum three, one-and-one-half inch to two-inch caliper trees or eight large shrubs or any combination of the two categories to be determined by the parks and recreation director.

The developer must maximize the replacement plantings to the satisfaction of the parks and recreation director within the construction area and on the property.

e.

Off site mitigation requirements. Off-site mitigation shall only be considered after all on-site mitigation possibilities have been satisfied.

1.

Tree replacement or cash in lieu of trees or a combination of the two categories to be determined by the parks and recreation director shall be implemented for off-site mitigation.

2.

The cash in lieu of tree replacement shall be at a minimum of $500.00 per tree owed or as directed by the parks and recreation director and is based on the average cost to the city for tree purchase, installation, and maintenance for a two-year period. The cash in lieu money will be deposited in a tree preservation, replacement and management account.

i.

Fees that are collected will pay for the cost associated with the activities involved for tree planting, reforestation, maintenance of mitigation trees and initiatives, integrated pest management, monitoring programs, and conservation easements or land acquisition for preservation purposes.

ii.

Report will be given to council each year indicating where mitigation fees collected have been spent.

3.

The tree replacement plantings shall be at designated off-site locations and as specified by the parks and recreation director. The city shall specify the species, size, and quantity of the plant material. The plantings will be installed as directed by the parks and recreation department. The developer shall meet all landscape requirements for mitigation tree plantings as per Chapter 32, Article XXV, Section 32-89, Installation and maintenance of landscape screen.

f.

General provisions for forested area preservation.

1.

Forested area preservation shall be required to limit the removal of forested areas as defined herein. Unless as specified below, 50% or greater of the forested acreage on site shall be preserved.

i.

If present, the preserved area shall be contiguous to flood plains, wetlands, or neighboring forest with the intent to preserve wildlife habitat.

ii.

Any land required to be preserved by floodplain or wetland regulations and slopes 25% or greater cannot be included in this preservation percentage calculation.

iii.

To the extent valued trees exist within the forested acreage to be removed, said valued trees shall be mitigated in accordance with Section 32-87(g)(5)d. and e.

iv.

Removal of invasive species with an approved management plan is required in the forested area that is to remain within the subdivision.

2.

Up to an additional 25% of the overall forested acreage on site may be considered for removal if the developer submits a conservation initiative for approval at the discretion of the parks and recreation director that may include the following:

i.

Removal of invasive species with an approved management plan in the forested area that is to remain within the subdivision; and

ii.

Creation of wooded connectivity using only native plantings between existing forest patches, which shall be preserved in perpetuity; and

iii.

To the extent valued trees are within any of the forested acreage to be removed on a site where greater than 50% of the forested acreage is removed, mitigation of the valued trees removed shall be as follows:

a)

Valued trees with a DBH of 12 inches to 17.99 inches: at a minimum one, one-and-one-half inch to two-inch caliper tree.

b)

Valued trees with a DBH of 18 inches to 23.99 inches: For every six inches of diameter (DBH) of the valued trees with a DBH of 18 inches to 23.99 inches to be removed or portions thereof, at a minimum three one-and-one-half inch to two-inch caliper trees or eight large shrubs or any combination of the two categories to be determined by the parks and recreation director.

c)

Valued trees with a DBH of 24 inches and greater: For every six inches of diameter (DBH) of the valued trees with a DBH of 24 inches and greater to be removed or portions thereof, at a minimum four one-and-one-half inch to two-inch caliper trees or ten large shrubs or any combination of the two categories to be determined by the parks and recreation director.

d)

A cash in lieu of tree replacement shall be at a minimum $500.00 per tree owed per a) and b) of this subsection or as directed by the parks and recreation director and is based on the average cost to the city for tree purchase, installation, and maintenance for a two-year period. The cash in lieu funds will be deposited in a tree preservation, replacement and management account.

1)

Fees that are collected will pay for the cost associated with the activities involved for tree planting, reforestation, maintenance of mitigation trees and initiatives, integrated pest management, monitoring programs, and conservation easements or land acquisition for preservation purposes.

2)

Report will be given to council each year indicating where mitigation fees collected have been spent.

3.

In no case shall greater than 75% of the forested area be removed.

g.

Prior to demolition, clearing, grading or construction an area around the valued trees and any other trees designated for preservation shall be established to protect such trees and their critical root zone (CRZ). CRZ is determined by measuring the diameter of the tree at breast height (DBH) multiplied by one and one-half feet.

Fencing shall be erected to protect the critical root zone and tree using the following materials and methods:

1.

Six-foot high chain link fence.

2.

Mounted on two-inch galvanized posts driven in the ground to a depth of two feet and at no more than ten-foot centers or if hard surfaces (asphalt, concrete, etc.) are present, mounted on metal panel foot stands.

3.

Provide a three-foot wide opening for tree care and maintenance.

4.

Fencing to remain in place until the final inspection of the project.

5.

Two warning signs are to be prominently displayed on each protective fence. The signs shall be a minimum of ten by 12 inches and read as follows:

TREE PROTECTION ZONE
THIS FENCE SHALL NOT BE REMOVED

6.

The signs are to be produced from a material that will not weather, fade or become dislodged.

7.

Any work within the tree protection zone requires approval from the parks and recreation director.

8.

No storage of materials, topsoil, vehicles, construction debris or other equipment shall be permitted within the tree protection zone.

9.

Tree protection zones must be clearly and accurately displayed on all landscape plans.

h.

If during construction a valued tree which is identified to be preserved is removed without the parks and recreation director's authorization, the developer shall make a payment to the city's beautification fund in the amount of $5,000.00 and follow the replacement requirement as listed in subsection (5)(d) above. In addition, if as a result of construction a valued tree which is identified to be preserved is damaged the parks and recreation director may require the developer to have an independent certified arborist evaluate the tree and provide a written report and recommendation on the tree's current condition and its future disposition. If the tree can be repaired, the developer will be responsible to do so adhering to the arborist's analysis and/or accepted International Society of Arboricultural Standards. If it is determined that the tree must be removed, the developer shall remove the tree, make the contribution to the city's beautification fund and following the same replacement requirements.

i.

Every effort shall be made to avoid placing utilities within the critical root zone of trees identified to be preserved. To preserve the natural environment and protect designated valued trees, tunnel borings shall be required when underground utilities must be placed within the critical root zone of said valued trees. The following tunnel boring depths are to be observed:

1.

Trunk DBH less than 12 inches: 24 inches.

2.

Trunk DBH 12 inches or more: 36 inches.

j.

Landscape and tree preservation plans shall be evaluated by the parks and recreation department on a case by case basis that shall entail examining the existing tree resources on the site and take into account the dynamics of trees and construction impacts, in order to create a plan that results in a balanced mixture of tree species and tree age. The goal of each review is to ensure that through a combination of preservation and landscaping, the final landscape and tree preservation plan produces a diversified and sustainable urban landscape.

(6)

If requested by the parks and recreation director, minor subdivisions shall include an existing tree protection plan as described in subsection (5)g. above.

(Ord. No. 72-10, 2-14-72; Ord. No. 764, Amend. Nos. 9, 10, 1-26-76; Ord. No. 77-59, Amend. Nos. 1, 2, 11-28-77; Ord. No. 80-47, Amend. No. 6, 8-25-80; Ord. No. 86-44, Amend. Nos. 3, 4, 9-22-86; Ord. No. 99-13, 5-24-99; Ord. No. 02-22, Amend. No. 8, 9-23-02; Ord. No. 10-04, Amend. Nos. 1—6, 1-11-10; Ord. No. 21-02, Amend. Nos. 3—5, 1-11-21)

(a)

In order for a land developer, property owner, or adjoining property owners to use distinctive or unique landscape treatment, or to use existing trees or vegetation which do not meet the specific requirements of this article, or to use an alternative plan when the nature of a site make compliance with the specific requirements of this article impractical, a landscaping option plan may be submitted to the planning department for its approval which includes the following:

(1)

Landscape screening at the locations specified in this article.

(2)

Existing trees and vegetation to be saved.

(3)

Landscape specifications to include:

a.

A plant listing giving the botanical and common names of the plants to be used, the sizes to be planted, the quantity of each, and the spacing; and

b.

Specifications and position of all non-plant materials such as fences, walls, etc., to be used.

(4)

Activity areas to be screened.

(5)

Unique beautification treatment.

(b)

Such landscape plan shall be consistent with the purpose of this article.

(Ord. No. 77-59, Amend. No. 3, 11-28-77; Ord. No. 99-13, 5-24-99)

(a)

Prior to the issuance of any certificates of occupancy, a surety guarantee bond, or other security instrument acceptable to and approved by the city solicitor, shall be posted in the amount of 120% of the cost of required landscaping to insure proper maintenance of the landscaping for a period of two years from the date of installation. During the two-year period, the developer shall be responsible for replacing all plants that die or are diseased. Following the two-year time period, and after inspection of the landscaping by the parks department, with the assistance of the planning department, the city manager shall authorize the release of bonds required in this subsection, less any funds needed and used by the city to replace dying or diseased plants.

(b)

It shall be the responsibility of the property owner of record, or his delegated representative(s), to properly maintain and care for any landscape screen, landscape treatment, or landscape plan approved by the planning department.

(Ord. No. 72-10, 2-14-72; Ord. No. 99-13, 5-24-99)

(a)

Where landscape screening or landscape treatment is provided for but not specified in this article, or in other articles of this chapter, reference shall be made to Guidelines for Landscape Screening and Treatment as published by the Newark Planning Department in January 1979.

(b)

For additional guidance on native and non-native species, plant species to avoid and not permitted invasive species, preferred native vs. non-native percentages and more, please visit https://newarkde.gov/play/landscaping. This information is not intended to be comprehensive and should serve as additional guidance. This information does not guarantee department approval or availability of plant material at nurseries.

(c)

All street trees shall be balled and burlapped, single stem, branched lower than six feet above finished grade, and grown in compliance with the American Nurserymen Association Standards.

(Ord. No. 72-10, 2-14-72; Ord. No. 77-59, Amend. No. 4, 11-28-77; Ord. No. 79-33, Amend. No. 11, 7-23-79; Ord. No. 99-13, 5-24-99; Ord. No. 21-02, Amend. No. 6, 1-11-21)

The planning department and parks and recreation on department horticulturist shall review and approve all landscape screening or any landscape plan as provided for in this article and/or as provided by other articles of this chapter.

The planning department shall consult with other city departments to ensure that approved landscaping plans provide for proper access to and maintenance of above and below ground utility lines.

(Ord. No. 72-10, 2-14-72; Ord. No. 86-44, Amend. No. 5, 9-22-86; Ord. No. 99-13, 5-24-99)