The purpose of this section is:

A.

To prevent pollution, by improving air quality, reducing noise levels, conserving soil, and reducing, filtering, and slowing stormwater runoff;

B.

To conserve health and secure safety by moderating temperatures, filtering and reducing glare and reflection, protecting against harsh winds, and cooling and shading paved surfaces and structures; and

C.

To conserve the value of land and buildings by softening the built landscape, providing seasonal form, color and texture, defining and protecting views, emphasizing focal points, creating visual continuity, buffering incompatible uses, and improving the visual character of the City of Peabody.

A.

Plants and landscaped areas shall be properly maintained in a healthy and attractive condition.

B.

Plant species shall be selected for their form, texture, color and suitability to the specific location required. Every effort shall be made to incorporate native species within the landscaped areas.

C.

Conservation of natural resources and protection of the environment shall be sought by incorporating species which require minimal water or chemical treatment.

D.

Wherever possible, existing vegetation, especially woodlands, shall be preserved in accordance with the specific guidelines contained herein.

E.

All plants shall be guaranteed for a period of one year from the date of installation.

F.

Whenever landscaping is required in accordance with the provisions of this section, the landscaping shall be permanently maintained in such a manner as to accomplish the purpose for which it was initially required.

G.

All plans prepared to meet the requirements of this section shall be prepared by a design professional.

H.

Plant material found on the Massachusetts Department of Agriculture Resources "Prohibited Plant List" shall not be allowed.

The provisions of this section 10 shall apply to all projects for which a building permit is required and applied for after the effective date of this ordinance, except for (a) renovations and additions to single-family or two-family dwellings; or (b) additions to nonsingle- or two-family dwellings which comprise less than a ten percent increase in floor area of the building, or for other renovations to non one- or two-family dwellings which are less than a ten percent increase in the value of the building.

A.

Street trees shall be planted within 15 feet of the front property line, evenly spaced to create a row of trees at the street edge, or driveway edge, whichever is appropriate.

B.

Landscaping shall not conflict with the safety of those using adjacent sidewalks or with traffic safety. Safety features shall be discussed at the time of site plan review, if necessary. Location of plant material must account for growth over time.

C.

All outside service areas, including but not limited to dumpsters, outdoor storage areas, tanks and loading docks, shall be screened from view from streets, walks and parking areas by sight-impervious fencing and landscaping a minimum of five (5) feet in depth unless it is determined by site plan review that such landscaping is not necessary because stored materials are visually unobtrusive. The five-foot deep landscaped area can occur within the street right of way abutting the property line, so long as it does not impede the flow or vision of pedestrian traffic or safety.

D.

Where side or rear yards abut land zoned for residential use, a landscaped buffer shall be required. A landscaped buffer shall be a vegetative edge of at least three feet in depth and six feet in height at installation and contain a mix of evergreen and deciduous trees and shrubs such that the buffer shall be sight-impervious even during winter (as in section 10.6). A fence may be used in addition to landscaping.

E.

Existing street trees within the city's right-of-way and/or existing trees within fifteen feet of the front property line, and at least six inches in diameter, may substitute for one or both required street trees, on a one-for-one basis.

F.

All portions of a lot not devoted to a building, future building, parking, storage, or accessory uses shall be landscaped in a manner appropriate to the stated purpose of this chapter.

G.

Required landscaping areas shall be provided with adequate drainage.

H.

The use of low impact development landscape strategies (i.e. rain gardens, bioretention cells) is strongly encouraged.

I.

All site work involving changes in topography, grade or elevation, including removal, trenching or filling in of land, shall require a building permit. (Amended 3/28/13)

10.5.1 Single- and two-family districts.

A.

R-1, R-1A, R-1B, and R-2 districts.

1.

A minimum of two (2) street trees shall be required per lot.

10.5.2 Mult-family residence districts

A.

R-3 and R-4 districts.

1.

A minimum of four street trees shall be required per 100 linear feet of all street frontages.

2.

For lots of five acres or larger, a minimum of four street trees or ornamental trees shall be required per 10) linear feet of driveways.

3.

Where buildings or parking areas are within 50 feet of the side or rear property lines, a site perimeter buffer, as specified in section 10.6.E, shall be provided at the property lines.

4.

Natural woodlands at least 25 feet in depth are encouraged to be substituted for the street and driveway street trees.

B.

R-5 district.

1.

A minimum of four street trees shall be required per 100 linear feet of frontage.

2.

A minimum of four (4) street trees or ornamental trees shall be required per one hundred (100) linear feet of driveways.

3.

Natural woodlands at least 50 feet in depth may be substituted for the frontage and driveway trees.

4.

A minimum of one street tree or ornamental tree shall be required per four off-street parking spaces regardless of number of parking spaces provided.

5.

A neighborhood buffer meeting the standards in section 10.6.F shall be required between any development under this section and the surrounding area.

10.5.3 Commercial districts.

A.

BR district.

1.

The front yard setback shall contain a continuous landscaped strip at least twenty-five (25) feet in depth, broken only to provide appropriate egress and access. A minimum of four (4) street trees shall be required per one hundred (100) linear feet of all street frontages.

2.

A minimum of one-half the required side and rear yard setbacks shall be landscaped with a site perimeter in accordance with the provisions of section 10.6.C.

3.

Where side or rear yards abut land zoned for residential use, a neighborhood buffer meeting the standards of section 10.6.D shall be required.

B.

BN district.

1.

A landscaped front yard at least 25 feet in depth shall be provided, with a minimum of four street trees per 100 linear feet of all street frontages.

C.

BC district.

1.

Where buildings are set back more than ten feet from a street, a minimum of four street trees per 100 linear feet of street frontage shall be required, within a landscaped front yard at least ten feet in depth. Said landscaped yard shall consist of a minimum of 20 shrubs per one 100 linear feet of frontage.

2.

Where buildings are set back less than ten feet from the property line, the front yard shall be landscaped with a minimum of 20 shrubs or four ornamental trees per 100 linear feet of frontage.

10.5.4 Industrial districts.

A.

IL district.

1.

Where buildings are set back more than ten feet from streets, a minimum of four street trees per 100 linear feet of street frontage shall be required, within a landscaped front yard at least ten feet in depth.

2.

Where buildings are set back less than ten feet from streets, the front yard shall be landscaped with a minimum of 20 shrubs or four ornamental trees per 100 linear feet of frontage.

3.

A minimum of one-third the required side and rear yard setbacks shall be landscaped to provide a site perimeter landscape buffer, as specified in section 10.6.C.

4.

A foundation planting bed at least five feet in depth shall be provided at all exterior building walls which are visible from streets, walks or parking areas.

B.

IP district.

1.

The front yard setback shall contain a continuous landscaped strip at least 25 feet in depth, broken only to provide appropriate egress and access. A minimum of four street trees shall be required per 100 linear feet of all street frontages.

2.

A minimum of one-third the required side and rear year setbacks shall be landscaped to provide a site perimeter landscape buffer. Natural woodlands at least 25 feet in depth may be substituted for this requirement.

3.

A foundation planting bed at least ten feet in depth shall be provided at all exterior building walls which are visible from streets, walks or parking areas.

A.

Street trees, ornamental trees, shrubs, and other plantings shall be selected from the list held and updated by the community planning department of the city, or as otherwise acceptable to the tree warden. The community planning department shall update the list to ensure invasive, non-native, and otherwise unfavorable species are prohibited from being planted.

B.

All plants must be planted by a landscape contractor.

C.

At installation, street trees shall have a minimum size of 2.5 to three inches caliper, and shall have a minimum branching height of seven feet. Street trees shall have at least 25 square feet of planting bed per tree, and the centerline of the tree shall be a minimum of four feet from all paved areas.

D.

At installation, ornamental trees shall have a minimum size of 2.5 to three inches caliper. Ornamental trees shall have at least 25 square feet of planting bed per tree, and the centerline of the tree shall be a minimum of four feet from all paved areas.

E.

A site perimeter landscape buffer shall be a vegetative edge, that shall be at least six feet in height at installation, and shall consist of a mix of evergreen and deciduous trees and shrubs such that the buffer shall be sight-impervious even during winter.

F.

A neighborhood buffer shall be:

1.

An area no less than 200 feet wide at any point, having as its vegetative cover natural woodlands, complemented by a sight-impervious fence five to eight feet in height; or

2.

An area no less than 100 feet wide at any point, having as its vegetative cover natural woodlands, complemented by a hedge of evergreen trees spaced no more than ten feet apart, and a sight-impervious fence five to eight feet in height; or

3.

An area no less than 50 feet wide at any point, having a staggered double row of evergreen trees each spaced no more than ten feet apart, a single row of canopy trees spaced no more than 15 feet apart, accent plantings of ornamental trees and shrubs, at least ten) per 100 linear feet of buffer, grass or evergreen ground cover, with a sight-impervious fence five to eight feet in height.

G.

The ground plane of landscaped areas shall be planted with ground cover or lawn. Bark mulch, gravel or other non-vegetative materials shall only be used in conjunction with landscaping to assist vegetative growth and maintenance or to visually complement plant material; it is not a substitute for plant material.

H.

The use of native, salt and drought tolerant, low water use plants shall be incorporated into landscape design plans. Such plants shall be ones known to be able to withstand urban conditions.

I.

Landscape plans shall include where feasible a diversity of native plant species which promote native wildlife habitat.

A.

Ground level parking facing streets or open spaces shall be screened from the sidewalk and the open space. Screening may include buildings and/or landscaping. The minimum width of a landscaped area screening parking shall be five feet. Landscaping may be supplemented by rolling earth berms, changes in elevations, fences and walls.

B.

For parking lots with more than 12 parking spaces, a minimum of one street tree or ornamental tree shall be required per four off-street parking spaces, except in the B-C and I-L districts where one street tree shall be required per six off-street parking spaces.

C.

Large surface parking lots (greater than 50 parking spaces) should be visually and functionally segmented into several small lots with raised landscaping strips and pedestrian paths, to reduce the apparent mass of paved surfaces. A minimum area equal to ten percent of the gross interior parking area shall be landscaped.

D.

Parking lot design should incorporate methods of storm water management utilizing low impact development techniques.

E.

Lot design and landscaping should make orientation and circulation legible and intuitive.

F.

Parking lot design should provide safe and convenient through-routes for pedestrians. Walkways should be attractive and well-defined by pavement treatment, landscaping and lighting.

G.

Landscaping.

1.

Landscaping within the parking areas shall consist of a combination of end-row islands and linear islands between rows of parking stalls. No parking row shall be longer than 15 parking stalls without a curbed planting area. Linear islands shall be no less than six feet wide and a minimum of seven feet long, densely planted area shall be provided at the end of each parking aisle.

2.

Eighty-five percent of the available landscape island and perimeter zone shall be planted with trees, shrubs, grasses and groundcovers.

3.

Expansive areas of bark mulch are not permitted.

4.

Within the parking lot, shade trees should be located in islands protected by curbs and bollards.

5.

Plantings supplemented by walls and fencing consistent with security issues are strongly encouraged. Walls and fences should be no less than 20% and no more than 50% transparent.

A.

Hardscape/paving.

1.

Hardscape consists of bricks, brick pavers, paved stone, or stamped concrete and may or may not be a walking surface.

2.

If the hardscape is not a walking surface, there must be a walking surface for pedestrian access from the curb to the sidewalk located every 20 linear feet and must be a minimum of three feet in width (maximum is 5'0").

3.

Historic paving features shall be retained wherever possible and incorporated into streetscape improvements.

4.

Subtle variations in hardscape patterns and materials shall be used to enrich sidewalks and plazas, such as by highlighting patterns in street lights, trees, furniture, street crossings and entryways.

B.

Street furniture.

1.

Street furniture or other amenities are allowed on any sidewalk as long as five feet of clear walkway is left unencumbered. If the sidewalk is 21 feet wide or greater, a minimum of 8 feet of clear sidewalk must be provided;

2.

Placement of street furniture, including benches, tables and trash receptacles, which is appropriate to the context, attractive, and durable shall be encouraged. Placement of furniture shall be based upon careful study of how people tend to use a street;

3.

Recycled plastics or similar material are strongly encouraged.;

4.

Sight distance safety issues: Street furniture or amenities must not create sight distance problems for pedestrians, bicycles, vehicles, and traffic, and must comply with the standards published by the American Association of State & Highway Traffic Officials (AASHTO) and all other Peabody directives for sight distance standards;

5.

Access issues: Street furniture or amenities cannot create access problems to the public rights-of-way;

6.

Safety issues: Street furniture or amenities cannot create safety hazards;

7.

Drainage issues: Street furniture or amenities cannot obstruct the existing drainage that may cause a problem on the ROW. Water must not collect on sidewalks, street or alley.

C.

Fences.

1.

Fences, regardless of whether they are used for screening or not, shall be designed to harmonize with the character of the building adjacent to which it is located.

A.

All landscape treatments shall be maintained in a safe, presentable, and good material condition at all times. This shall mean the absence of dead or decaying plant material, of existing rust, of broken or dangling parts, and of cracked, peeling, and flaking paint, and the replacement of defective parts. All dead trees and plants shall be replaced within one growing cycle.

B.

The building inspector or his authorized designate is authorized to order the repair or removal of any landscaping feature and its supporting structure which in the judgment of the building inspector is deemed unsafe, in disrepair, or which is erected or maintained contrary to this ordinance.

C.

Any proposal to remove an established tree must receive special approval from the building inspector or his authorized designate. For purposes of this section, "established tree" shall mean any live, self-supporting woody perennial plant which has a trunk diameter of six inches or more measured at a point 4½ feet above ground level and which normally obtains a height of at least ten feet at maturity, usually with one main stem or trunk and many branches.

Failure to complete all of the required landscaping or any part of it within six months of the issuance of a certificate of occupancy shall constitute a violation of this section. The building inspector is herby authorized and empowered to notify the owner of any property required to be landscaped, or the agent, tenant, lessee, or assignee of any such owner, that the landscaping has not been installed or is not being adequately maintained and the specific nature of such failure to maintain. The notice shall specify the date by which the planting or maintenance must be accomplished, and shall be sent by certified mail, addressed to the owner at his last known address.

Any person, firm, or corporation violating any section or provision of this ordinance which pertains to landscaping shall be issued a warning and be given seven days to comply. If violation continues unabated past such time, a ticket with a fine of $25.00 shall be issued for each day willful violation continues. The building inspector or his authorized designate shall be responsible for issuing such warnings and tickets for such violations to provisions of this ordinance.

Landscape plans that conform to these requirements shall be submitted for any alteration to an existing structure requiring site plan review or a special permit that does not currently meet the standards of this section.