Pleasantville City Zoning Code
ARTICLE XIII
Landscaping, Fences and Walls
§ 300-65 Purpose and intent.
The purpose of this article is to provide regulations for the landscaping of the various parcels and open spaces within the City of Pleasantville in order to prevent soil erosion; enhance aesthetics; reduce air, sound and light pollution; control winds and to provide visual barrier as appropriate.
§ 300-66 Landscape plan.
A.
With the exception of exempt development pursuant to § 300-10, each application for new development, as well as exterior renovations to existing development shall include a comprehensive landscape plan, addressing the entire development and integrating the various elements of site design, topography, parking and buffering requirements of this chapter in order to preserve and enhance the natural character of the lot where such character exists, or to create a pleasing visual environment where such character does not exist.
B.
Landscape plans shall be approved by the Planning Board or Zoning Board of Adjustment, as the case may be, as part of the site plan/subdivision approval process.
C.
With the exception of exempt development pursuant to § 300-10, landscape plans attendant to all other applications may be prepared by the applicant, his/her professional planner or professional engineer, or a horticulturist or landscaper.
D.
Landscape plans shall describe, in graphic and, as appropriate, schedule form:
(1)
The location, quantity, common name, botanical (scientific) name, size and installation details for each species, including size and spacing at initial planting (either by caliper or width and height);
(2)
Information as to how the plants will be grown and moved (e.g., nursery grown, moved by ball and burlap, bare roots or containerized, etc.);
(3)
The type of ground cover and mulches proposed;
(4)
Fence types and height;
(5)
The height, width, slope and planting cover of all berms;
(6)
The type of construction materials used in landscaping (e.g., railroad ties, stone, paver, etc);
(7)
The sod/grass seed mixture, and, as applicable, rate of application;
(8)
Typical tree/shrub planting details, addressing existing and finished grades, typical saucer berm graphic, area and depth of mulch, directions for pruning, depth and width of pit, location and type of staking, type of topsoil mixture and wrapping details for deciduous trees; and
(9)
When existing natural growth is proposed to remain, the applicant shall include the proposed methods to protect existing elements both during and after construction.
E.
For the purposes of clarity, the landscape plan shall be an independent sheet and not combined with other required submission items (i.e., a combined "Landscape and Grading Plan").
F.
Recognizing that landscaping involves biological life forms that constantly evolve to changing environments, the regulations of this chapter may be modified or waived at the request of an applicant, provided that such waiver request is supported by evidence or testimony from a qualified landscape professional, such as a horticulturist or landscape architect.
§ 300-67 General requirements.
A.
Topsoil preservation. Topsoil moved during the course of construction shall be, to the extent practicable, cleaned to be free of roots, branches, stumps and other tree parts, litter, stones, leaves, weeds, brush, excess or scrap building materials and other debris, and then redistributed on all regraded surfaces so as to provide at least four inches of even cover to all nondeveloped areas of the site, and shall be stabilized by seeding or planting.
B.
New topsoil. Where four inches of topsoil cannot be achieved by the redistribution/regarding of existing soils pursuant to § 300-67A, new, clean topsoil shall be added to provide for the minimum four inches coverage.
C.
Removal of debris. All stumps, tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed in accordance with applicable law. No tree stumps, portions of tree trunks or limbs shall be buried anywhere on site. All dead or dying trees, standing or fallen, shall be removed from the site and properly disposed of. Subject to approval of the City Engineer, trees and limbs may be reduced to chips and used as mulch in landscaped areas.
D.
Protection of existing plantings. Maximum effort shall be made to save specimen elements, as defined in § 300-10. No material or temporary soil deposits shall be placed within four feet of shrubs or 10 feet of trees designated to be retained and so designated on the preliminary and/or final landscape plan. Protective barriers of 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 they are protecting, but shall be self-supporting, shall be a minimum of four feet high and shall be constructed of a durable material that will last until construction is completed. Snow fences and slit fences are examples of acceptable barriers.
§ 300-68 Planting specifications.
A.
Natural topography and vegetation shall be employed where possible. The species utilized shall be appropriate for the site, considering soil and wind conditions, slope, use of the site and purpose of the plantings.
B.
Deciduous trees shall have at least a 2 1/2 inches' caliper at planting, measured 12 inches above the ground, with a minimum standing height of 10 feet.
C.
Sizes of evergreens trees and shrubs may vary depending on setting, species and proposed use.
D.
Trees shall be nursery grown, of substantially uniform size and shape with straight trunks (although ornamental trees need not have straight trunks, but must conform in other respects with the provisions for trees and tree plantings outlined herein). All trees shall be brought to the site balled and burlapped, or other acceptable means, free from insects and disease and true to species and variety.
E.
Trees, shrubs and ground cover shall be properly planted in accordance with accepted horticultural standards, shall be properly staked until established, and provision shall be made by the applicant for regular watering and maintenance until established.
(1)
Staking.
(a)
Stakes are to be driven outside the root ball.
(b)
Stakes shall be hardwood. A minimum of two stakes shall be used per tree.
(c)
Stakes shall be a minimum of two inches in diameter at the thick end.
(d)
Stakes, when driven, must be 1/2 to 2/3 the height of the tree, measured from ground level.
(e)
Stakes shall be attached to the tree with twelve-gauge galvanized wire covered with rubber or plastic hose where wire is likely to come in contact with the tree trunk. An alternative may be any of the commercially available materials designed for staking trees as approved by the Zoning Officer, Planning Board or Zoning Board of Adjustment, as the case may be. The loop in contact with the tree shall be loose enough to permit growth and prevent girding for two years but shall be tightly bound to the stake to prevent slipping.
(f)
Stakes shall remain in place at least two years and shall be removed at that time.
(2)
Wrapping.
(a)
Deciduous trees shall be wrapped with an expandable paper or cloth treated to last at least one year.
(b)
The wrap shall extend from the ground level to the first branches.
(c)
To prevent scald, the wrap shall be attached or fastened at each end with a material that will permit growth without girding.
(3)
Saucers.
(a)
A ring of packed soil shall be placed around the finished planting hole of each tree.
(b)
The saucer shall be a minimum of six inches higher than the finished grade.
(c)
Saucers placed on slopes shall be level at the top end and perpendicular to the tree trunk.
(d)
Saucers are to be designed to catch and hold the maximum amount of water either from natural precipitation or irrigation.
(4)
Mulching.
(a)
A two-inch minimum layer of mulch shall be applied around each individual tree or shrub or group of trees or shrubs.
(b)
Partially rotted or nitrogen-enriched wood chips may be used (new chips are not acceptable as their natural bacteria draws nitrogen from the soil, thus limiting the nitrogen available to the plants).
(5)
Tree pits and shrub pits shall be six inches deeper and at least 12 inches wider than the ball of the plant.
(6)
Planting. Plants shall be set straight and firmly tamped, and then adequately watered, guyed, pruned and wrapped.
(7)
Backfill mixture. The types of backfill mixture shall consist of 2/3 topsoil and 1/3 peat, or other materials as required by specific plants.
F.
Dead or dying plants, including those which have been transplanted in accordance with the requirements of this chapter, shall be replaced during the next recommended planting season.
G.
All landscape plans shall contain the following note: "All plant material not surviving for a period of two years shall be replaced with the same or equivalent size species."
H.
With the exception of single-family detached dwellings, all landscaped areas shall be irrigated by an automatic/mechanical irrigation system.
I.
Wherever possible, landscaping shall promote creativity in design, locations and species. For example, instead of planting trees in straight rows, the applicant might group trees into clusters with different combinations of species in each cluster.
§ 300-69 Plant species and functions.
A.
General requirements.
(1)
Plant species should be hardy for Climatic Zone 7 and appropriate in terms of function and size.
(2)
Plant selection shall be varied to avoid monoculture, with species selected for their ability to survive in an urban environment. Species shall be salt tolerant if to be located in proximity to Lakes Bay or Absecon Bay.
(3)
Tree species may vary depending on overall effect desired. However, as a general rule, all street trees on a particular right-of-way shall be the same species, except where otherwise desired to achieve a special effect (as approved by the Zoning Officer, Planning Board or Zoning Board of Adjustment, as the case may be). Species selection shall be approved as part of the landscape plan.
B.
Street trees.
(1)
Only deciduous trees shall be used as street trees.
(2)
Street trees shall be installed in accordance with the approved landscape plan. The trees shall be installed between the curbline and the sidewalk when a grass area of at least one foot in width is provided. If the distance between the curb and sidewalk is less than one foot, the street trees shall be installed five feet behind the sidewalk. Trees may be massed at critical points or spaced evenly along the street, or both.
(3)
Street tree spacing.
(a)
When street trees are planted at intervals along streets, spacing shall depend on tree size as follows:
Tree Size | Planting Interval (feet on center) | |
|---|---|---|
Trees 40 feet in height or taller at maturity | 40 to 50 | |
Trees 30 feet to 40 feet in height at maturity | 35 to 40 | |
Trees less than 30 feet in height at maturity | 25 to 35 |
(b)
When the spacing interval exceeds 40 feet, small ornamental trees may be spaced between the larger trees. If a street canopy effect is desired, trees may be planted closer together, following the recommendation of a New Jersey Licensed landscape architect. The trees shall be planted so as not to interfere with utilities, roadways, sidewalks, sight easements, sight triangles or streetlights. Tree location, landscaping design and spacing shall be approved by the Zoning Officer, Planning Board or Zoning Board of Adjustment, as the case may be, as the case may be, as part of the landscape plan.
(4)
At intersections, trees shall not be located closer than 30 feet from the intersection of the street right-of-way lines, and may be further where the standards of § 300-47B increase the distance for sight triangles.
(5)
The landscape plan for street trees shall include a graphic tree-planting detail which shall address the following:
(a)
Thinning of branches and foliage by 1/3. The leader shall not be cut;
(b)
Staking and supporting in accordance with § 300-68E(1);
(c)
The trunk shall be protected by tree wrap;
(d)
Trees shall be mulched with three inches of approved organic material;
(e)
A three-inch saucer shall be constructed around the planting area;
(f)
The top of the burlap shall be untied and removed;
(g)
The ball shall rest on compacted soil; and
(h)
The diameter of the hole shall be two feet larger than the diameter of the ball.
(6)
Although every site is unique, certain plant materials are known to have difficulty surviving in urban areas, areas where salt air is prevalent or other conditions commonly experienced in the City of Pleasantville. Accordingly, except as noted herein, the following species are prohibited:
Latin Name | Common Name | |
|---|---|---|
All trees with thorns | ||
Acer negundo | Box Elder | |
Acer platanoides | Norway Maple | |
Acer saccharinum | Silver Maple | |
Acer buergerianum | Trident Maple Amur Maple | |
Acer ginnala Acer triflorum | Three-flowered Maple | |
Acer truncatum x platantoides 'Keithsform' | Norwegian Sunset Maple | |
Aesculus spp. | Buckeyes (unless fruitless) | |
Ailanthus altissima | Tree of Heaven | |
Albizia julibrissin | Mimosa | |
Aralia elata | Japanese Angelica | |
Betula nigra | River Birch | |
Betula papyrifera | Paper Birch | |
Betula pendula | European White Birch | |
Broussonetia papyrifera | Paper Mulberry | |
Carya spp. | Hickories | |
Catalpa speciosa | Catalpa | |
Celtis koraiensis | Korean Hackberry | |
Chionanthus retusus | Chinese Fringetree | |
Chionanthus virginicus | Native Fringetree | |
Cornus alternifolia | Pagoda Dogwood | |
Crataegus laevigata | English Hawthorn | |
Elaeagnus spp. | Hardy Olives | |
Fraxinus pennylvanica | Green Ash | |
Gleditsia triacanthos | Common Honey Locust | |
Juglans nigra | Black Walnut | |
Koelreuteria paniculata | Goldenrain Tree | |
Liquidambar styraciflua | Sweetgum (unless Rotundiloba cultivar) | |
Liriodendron tulipifera | Tuliptree | |
Maclura pomifera | Osage orange | |
Malus spp. | Crabapple (unless disease-resistant cultivar) | |
Morus spp. | Mulberries | |
Paulownia tomentosa | Empress Tree | |
Pinus strobus | White Pine | |
Populus deltoids | Cottonwood | |
Populus nigra 'Italica' | Lombardy Poplar | |
Prunus x 'Okame' | Okame Cherry | |
Prunus serotina | Black Cherry | |
Pyrus spp. | Flowering Pear (Note: Italicized text denotes acceptable alternatives to Bradford Pear.) | |
Robinia pseudoacacia | Black Locust | |
Sophora japonica | Scholartree | |
Sorbus spp. | Mountain Ash | |
Styrax japonicus | Japanese Snowbell | |
Syringa reticulate | Tree Lilac | |
Tsuga canadensis | Eastern Hemlock | |
Ulmus pumila | Siberian Elm |
C.
Shade trees.
(1)
Only deciduous trees shall be used as shade trees installed adjacent to streets or between sidewalks and streets.
(2)
Shade trees planted in the islands of parking areas shall be a mix of evergreen and deciduous species; however, the first tree from the intersection shall not be an evergreen.
(3)
By way of guidance, and without limitation:
(a)
Columnar trees shall be used for limited planting along narrow streets, but shall not be planted between the curb and sidewalk.
(b)
Broad oval trees, globe-shaped trees and spreading-branch trees, as well as coniferous trees may also be used.
(c)
Flowering trees may be used for decorative purposes.
D.
Acceptable species. Although every site is unique, the following species have been found to be successful in locations similar to the City of Pleasantville. Special consideration to the nature of the soil, amount of sun, size of planting area, exposure to salt spray or salt air and the existence of overhead wires and/or underground utilities and other conditions should be given when considering a specific plant for a particular application:
Latin Name | Common Name | |
|---|---|---|
Deciduous Trees | ||
Acer buergerianum* | Trident Maple | |
Acer campestre* | Hedge Maple | |
Acer ginnala* | Amur Maple | |
Acer griseum* | Paperbark Maple | |
Celtis occidentalis | Hackberry | |
Cercidiphyllum japonicum | Katsura | |
Chionanthus retusus* | Chinese Fringetree | |
Chionanthus virginicus* | Native Fringetree | |
Cornus kousa* | Kousa Dogwood | |
Crataegus crus-galli var. inermis* | Thornless Cockspur Hawthorn | |
Franklinia alatamaha* | Franklinia | |
Gingko biloba | Maidenhair Tree (males only) | |
Gleditsia triancanthos var. enermis | Honeylocust (thornless, podless cultivars only) | |
Koelreuteria paniculata | Goldenrain Tree | |
Lagerstroemia fauriei or L. indica* | Crapemyrtle | |
Liquidambar styraciflua "Rotundiloba" | Fruitless Sweetgum | |
Magnolia grandiflora "Little Gem"* | Little Gem Magnolia | |
Magnolia virginiana* | Sweet Bay Magnolia | |
Malus spp.* | Crabapple (disease-resistant cultivars only) | |
Nyssa sylvatica | Sourgum | |
Oxydendrum arboretum* | Sourwood | |
Parrotia persica* | Persian Parrotia | |
Platanus x acerifolia "Bloodgood" | Bloodgood London Planetree | |
Quercus acutissima | Sawtooth Oak Swamp | |
Quercus bicolor | White Oak | |
Quercus phellos | Willow Oak | |
Sophora japonica | Scholartree | |
Styrax japonicus* | Japanese Snowbell | |
Syringa reticulate* | Tree Lilac | |
Taxodium distichum | Bald Cypress | |
Ulmus parvifolia | Lacebark Elm | |
Zelkova serrata | Japanese Zelkova | |
Evergreen Trees | ||
Cryptomeria japonica | Japanese Cryptomeria | |
Cupressocyparis leyandii | Leyland Cypress | |
Ilex opaca | American Holly | |
Juniperus virginiana | Eastern Red Cedar | |
Picea pungens "Glauca" | Blue Spruce | |
Pinus thunbergii | Japanese Black Pine | |
Deciduous Shrubs | ||
Aronia arbutifolia | Chokeberry | |
Buxus microphylla | Boxwood | |
Clethra alnifolia | Summersweet | |
Cotoneaster spp. | Rockspray | |
Hydrangea macrophylla | Bigleaf Hydrangea | |
Hydrangea quercifolia | Oakleaf Hydrangea | |
Ilex verticillata | Winterberry | |
Myrica pensylvanica | Bayberry | |
Rosa rugosa | Rugosa Rose | |
Spiraea spp. | Spirea | |
Syringa patula "Miss Kim" | Compact Lilac | |
Vaccinium corymbosum | Highbush Blueberry | |
Viburnum dentatum | Arrowwood | |
Viburnum opulus | European cranberry bush | |
Viburnum prunifolium | Blackhaw Viburnum | |
Evergreen Shrubs | ||
Chamaecyparis spp. | False cypress | |
Ilex cornuta | Chinese Holly | |
Ilex glabra | Inkberry | |
Juniperus chinensis | Chinese Juniper | |
Juniperus conferta | Shore Juniper | |
Mahonia aquifolium | Oregon Holly Grape | |
Mahonia bealei | Leatherleaf mahonia | |
Taxus spp. | Yews | |
NOTES: | ||
|---|---|---|
* | Denotes potential trees to plant under overhead wires. | |
E.
Buffer areas.
(1)
Buffer areas shall be developed in an aesthetic manner for the primary purpose of providing year-round visual screening and noise reduction in order to minimize adverse impacts from a site on an adjacent property or from adjacent areas, and may consist of a combination of fencing; evergreen trees, shrubbery or hedges; berms; rocks/boulders; decorative masonry; or other elements to achieve the stated objectives.
(2)
Buffer areas shall be planted and maintained with either grass or ground cover together with a screen of live shrubs or scattered planting of live trees, shrubs or other plant materials. The preservation of natural wooded areas shall be an integral part of all development plans, and natural wooded areas located along a site boundary shall be integrated into the required buffer area, provided that the growth is of a density and width sufficient for buffering purposes. Additional plantings may be required by the Zoning Officer, Planning Board or Zoning Board of Adjustment, as the case may be, to establish an appropriate tone for an effective buffer.
(3)
Buffering shall be required when topographical or other barriers do not provide reasonable screening and when the Zoning Officer, Planning Board or Zoning Board of Adjustment, as the case may be, determines that there is a need to shield the site from adjacent properties in order to minimize adverse impacts, such as incompatible land uses, noise, glaring light and traffic. For example, but without limitation, a board may require landscaping, fences or walls to ensure privacy and screen dwelling units in small-lot developments when site and building design do not provide adequate privacy.
(4)
Buffer widths shall be measured horizontally and perpendicular to lot and street lines.
(5)
The location and design of buffer areas are intended to provide flexibility in providing effective screening. The following shall be considered in designing buffer areas:
(a)
The use of the portion of the property being screened;
(b)
The distance between the use and the adjoining property line;
(c)
The difference in elevations;
(d)
The type of buffer (i.e., dense planting, existing woods, walls or fences);
(e)
Buffer height and width; and
(f)
Other combinations of man-made and natural features.
(6)
The buffer shall be designed, planted, graded, landscaped and developed with the general guideline that the closer a use or activity is to a property line, or the more intense the use, the more effective the buffer area must be in obscuring light and vision and reducing noise beyond the site.
(7)
Buffer areas and landscape screens shall consist predominately of evergreen species having a minimum height of five feet above the ground when planted. Such evergreens shall be placed five feet o.c. in two or more staggered rows with a five feet separation between rows. The selected trees shall be thickly branched and dense, especially close to the ground, and shall have a fast growth rate in the early years. Evergreens may be supplemented with deciduous and flowering trees having a minimum 10 feet height at time of planting with a minimum caliper of two inches.
(8)
No structure, activity, storage of materials or parking of vehicles shall be permitted in a buffer area.
(9)
Except as otherwise provided for herein, buffers shall be a minimum of 15 feet wide and shall be designed, planted, graded and landscaped to provide an aesthetically pleasing separation of uses.
(10)
Where required, buffers shall be measured from side and rear properly lines, excluding access driveways.
(11)
If, in the judgment of the Zoning Officer, Planning Board or Zoning Board of Adjustment, as the case may be, the buffer area depicted on the landscape plan will not adequately screen the site as required by this section, the landscape plan shall be modified to increase, enhance and/or redesign the buffer to achieve the desired effect.
(12)
Where residential development abuts higher-order streets (collectors or arterials), units should front on internal streets with landscape buffers from the collector and arterial roads as applicable.
(13)
Buffer plantings shall be broken at points of vehicular and pedestrian ingress and egress to assure a clear sight triangle at all street and driveway intersections.
(14)
Off-street parking areas, loading areas and driveways. Except for single-family detached and two-family dwelling units:
(a)
Off-street parking areas, garbage/recycling collection areas, utility areas and loading/unloading areas shall be screened around their perimeter by a minimum five-foot-wide buffer consisting of screen plantings, berms, fences, walls, or combinations thereof, not less than four feet in height between the subject area and any lot line or street line, except where a building serves as the buffer between the parking area and the lot line or street line.
(b)
All loading areas shall be landscaped and screened sufficiently to obscure the view of the parked vehicles and loading platforms from any public street, adjacent property or residential zoning district for the full 12 months of the year. Such screening shall be made via an extension of the building, fence, berm, wall or planting, or combination thereof, and shall not be less than four feet in height.
(c)
Each off-street parking area shall reserve a minimum 5% of its land area for landscaped islands, distributed throughout the parking area in order to break the view of parked cars in a manner not impairing visibility.
(d)
Parking areas located in front of buildings shall be generously landscaped to separate them from adjacent sidewalks and/or roadways.
(e)
One shade tree, measuring a minimum of 2 1/2 inches caliper at planting, shall be provided for every three parking spaces. Trees shall be staggered or spaced so as not to interfere with driver vision, and have branches no lower than six feet from grade.
(f)
Areas adjacent to driveways shall be planted with low-lying plants or grass.
(15)
The following trees are prohibited in all buffer areas.
Latin Name | Common Name | |
|---|---|---|
Abies pinsapo | Spanish Fir | |
Araucaria araucana | Monkey Puzzle | |
Araucaria heterophylla | Norfolk Island Pine | |
Cedrus atlantica | Atlas Cedar | |
Cedrus libani | Lebanese Cedar | |
Cryptomeria japonica lobbii | Lobb's Japanese Cedar | |
Cunninghamia lanceolata | Chinese Fir | |
Gingko biloba | Maidenhair Tree | |
Larix decidua | European Larch | |
Larix kaempferi or L. leptolepis | Japanese Larch | |
Pinus wallichiana | Himalayan Pine | |
Pinus parviflora | Japanese White Pine | |
Pinus peuce | Macedonian Pine | |
Pinus ponderosa | Ponderosa Pine | |
Pinus thunbergii | Japanese Black Pine | |
Taxodium distichum (except for wet areas) | Common Bald Cypress | |
Torreya nucifera | Japanese Torreya |
F.
Additional landscaping: in addition to the street tree and buffer area requirements of § 300-69B and E:
(1)
For residential development, additional landscaping elements shall be required where necessary for climate control, privacy or aesthetic purposes.
(2)
For nonresidential development, all areas not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs and trees.
(3)
Regional Shopping Center (RSC) Zoning District:
(b)
All areas not covered by buildings, sidewalks or paving shall be landscaped.
(c)
A planted area, no less than 25 feet in width at primary street frontage, 10 feet at rear yard and no less than five feet wide at side yards, composed of lawn, shrubbery, trees, decorative crushed rock, gravel or bark, shall be placed and continuously maintained in a proper and attractive manner exclusive of driveway and access openings.
(d)
The integrity of all landscaped plantings and buffer areas shall be protected by adequate maintenance and necessary replacement of plant materials. Plant material shall be sufficiently hardy to withstand the rigors of weather, vehicle emission, wind blast, heat, glare, cold and other physical conditions common to this section of the City. All materials shall be adequately protected from damage resulting from traffic movement, pedestrian circulation or other physical conditions by designed curbing, fencing, dry wells, vent tiles, grasses and similar protective measures.
(e)
Adequate screening, composed of masonry walls or fencing of an approved design, dense plantings of evergreen shrubs or trees, berms, depression of visible portions of the site below the grade, or similar measures, shall be carried out to ensure that loading areas will not be visible from any adjoining property.
(4)
Light Industrial (LI) Zoning District. All uses in the Light Industrial Zoning District shall be screened from view from any public right-of-way or adjacent property by a fence or wall, as well as by an appropriate combination of plant material in order to soften the appearance of said fence or wall. The adequacy and acceptability of the landscaping plan shall be determined by the approving Board.
§ 300-70 Tree protection and replacement.
A.
Purpose.
(1)
The purpose of this section is to establish protective regulations for trees within the City of Pleasantville in order to assist in the control of flooding, soil erosion, air pollution and noise pollution; protect the public health, safety and welfare of citizens; and promote quality development in the City and to encourage the protection of the greatest number of trees in general, and of specimen trees in particular, throughout the City.
(2)
Every attempt shall be made by applicants to save existing trees, even at the loss of parking spaces. Groupings of trees should be saved over single trees.
(3)
Recognizing that wild trees often do not survive when their habitat is drastically altered, care should be taken by the Zoning Officer, Planning Board or Zoning Board of Adjustment, as the case may be, to properly evaluate site clearing proposals. Where loss of trees is proposed, a compensatory planting plan is required.
B.
Tree protection plan. A tree protection plan shall be required as part of the landscape plan where one or more live trees are proposed to be cut or removed from the site during development. Such plan shall be submitted at time of application and shall contain the following information:
(1)
The location of all buildings, driveways, grading, septic fields, easements, underground utility lines, rights-of-way and other existing or proposed improvements.
(2)
The location of existing natural features, including wooded areas, watercourses, wetlands and floodplains.
(3)
The limits of the proposed tree protection zone.
(4)
The location of all existing live trees with trunk diameters eight inches or greater, measured 4 1/2 feet above ground level. Each such tree shall be noted by its species, size and general health condition.
(a)
Whenever possible, the actual canopy spread shall be shown. If it must be estimated, the canopy shall equal 1 1/2 feet of diameter per one inch of trunk diameter.
(b)
Where the density of forestation makes identification of individual trees impracticable, only the outermost individuals/canopy line need be shown, unless disturbance is proposed, then individual trees located within 50 feet of the proposed edge of the woodland shall be shown.
(5)
A clear indication of each tree (or groups of trees) to be removed or transplanted.
(6)
A chart depicting each tree proposed for removal, indicating their diameters and replacements pursuant to the compensatory tree schedule as required by the compensatory planting plan detailed in § 300-70D.
(7)
Specifications for the removal of existing trees and the protection in place of existing trees where they are to be preserved, including detail(s) of the Tree-protection fencing.
C.
The stripping of trees or filling more than six inches around trees shall not be permitted unless it can be demonstrated that construction requirements necessitate these actions, in which case the lots shall be replanted with trees to reestablish the tone of the area and to conform to adjacent lots in accordance with the compensatory planting schedule detailed in § 300-70D.
D.
Compensatory planting plan. In the event that preservation of existing trees within the tree protection zone is not practicable, and where a redesign of the project or relocation of improvements is not possible, a compensatory planting plan shall be required to replace each live tree proposed to be removed from the tree protection zone and each specimen tree proposed to be removed anywhere from the site. The compensatory planting plan shall include the following:
(1)
Compensatory trees shall be provided in the following ratios, applicable to both dciduous and evergreen trees.
(a)
For trees eight inches to 17 inches in diameter, one new tree shall be provided for every one existing tree cut or removed.
(b)
For trees 18 inches to 30 inches in diameter, two new trees shall be provided for every one existing tree cut or removed.
(c)
For trees 31 inches in diameter or greater, three new trees shall be provided for every one existing tree cut or removed.
(d)
One street tree shall be replanted in the street tree planting strip for each existing street tree cut or removed.
(2)
In evaluating existing trees for compensatory planting, trunk diameters shall be measured according to the following guidelines:
(a)
Single-trunked shade trees shall be measured at a point 4 1/2 feet above ground level at the location of the tree.
(b)
Single-trunked ornamental trees shall be measured at a point 12 inches above ground level at the location of the tree.
(c)
Evergreen trees shall be measured at a point 12 inches above ground level at the location of the tree.
(d)
Multitrunked trees that branch between one feet and 4 1/2 feet above ground level at the location of the tree shall be measured at a point just below the split.
(e)
Multitrunked trees that branch below one feet above ground level at the location of the tree, the diameter shall be 60% of the sum total of all trunks measured at a point 4 1/2 feet above such ground level.
(3)
Compensatory trees shall be three inches to 3 1/2 inches in caliper at time of planting. Evergreen and ornamental trees may be substituted at a ratio of two to one for every shade tree otherwise required, for up to 50% of the requirement. Alternative types of compensatory plantings may be permitted when approved by the Zoning Officer, Planning Board or Zoning Board of Adjustment, as the case may be.
(4)
The locations of compensatory trees must be clearly labeled on the landscape plan. Planting locations shall be as close to the tree it replaces as possible.
(5)
The planting of compensatory trees shall be in addition to, and not substitute for, plantings otherwise required by this chapter.
E.
In the event that the applicant establishes, to the satisfaction of the Zoning Officer, Planning Board or Zoning Board of Adjustment, as the case may be, that constraints incidental to the land itself, including, without limitation, extreme topography, unsuitable soils, rock outcrops and existing dense canopy, render it impractical to provide the required number of compensatory trees, the Zoning Officer or Board may, at its sole discretion, require/permit the applicant to:
(1)
Install compensatory trees on other public lands within the City;
(2)
Contribute to the City the estimated cost of those trees which cannot practically be installed on the property for later installation of trees on public lands; and/or
(3)
Install fewer but larger or more valuable compensatory trees on the site with an aggregate cost as installed and guaranteed not less than the estimated aggregate cost of the required number of compensatory trees.
F.
Compensatory planting is not required for shrubs, unless the area of disturbance includes specimen shrubbery, in which case an appropriate compensation plan for such shrubbery shall be submitted.
§ 300-71 Fences and walls.
A.
Fences and walls when serving as a fence, may be erected anywhere on a lot, subject to the following (For these purposes, the terms "fences" and "walls" shall be interchangeable.):
(1)
No fence shall be located within a dedicated right-of-way.
(2)
Fences shall be exempt from the setback requirements for accessory uses established by this chapter.
(3)
All perimeter fences shall be placed not less than two inches inside of the property line.
(4)
Fence height shall be measured from the finished grade at the location of each fence post.
(5)
Fences located in the front yard of a lot, including the primary front yards on corner lots, shall not exceed four feet in height. For fences located in the secondary or other front yards of a corner lot (i.e., any front yard other than the primary front yard), a fence of up to six feet in height is permitted rearward of lines drawn parallel to each front lot line through the points of the principal building or structure that are the most distant from each such front lot line.
(6)
Rear yard privacy fences.
(a)
Fences located in the Side yard of a lot shall not exceed four feet in height between the front lot line and a line drawn parallel to the front lot line through the rear-most point of the principal building or structure on such Lot. Rearward of such point, fences shall not exceed a six feet in height.
(b)
Where a principal building or structure is shaped such that the prevailing width (i.e., 50% or more of the building's width measured parallel to the front lot line) lies forward of the rear-most point of such building or structure, six-foot fences shall be permitted to extend forward of the rear-most point of the principal building or structure to the rear-most point of the prevailing width of the building. Forward of such point, fences shall not exceed a four feet in height.
 |
(7)
Where a property runs street-to-street, the street frontage of the property which does not include the primary entrance to the structure shall be treated as a rear yard for fence height purposes.
(8)
Fences in the rear or side yard of a nonresidential use within a residential zoning district, or of any nonresidential use outside of a residential zoning district but facing or abutting the boundaries of a residential zoning district, may be erected to a height of seven feet to screen the nonresidential activities from the view of abutting residences.
(9)
Nothing herein shall be construed to preclude landscaping acting as a fence from being planted or allowed to grow beyond the height limits enumerated in § 300-71A(6), (7) and (8).
(10)
No fence shall be erected, placed or, in the case of landscaping acting as a fence, planted or allowed to grow, in a sight triangle as to materially impede vision between a height of 2 1/2 feet and 10 feet above the center-line grades of the intersecting streets adjacent to the corner.
(11)
Subject to the provisions of the International Building Code, fences enclosing swimming pools shall be a minimum of four feet in height and fitted with a self-closing, self-locking gate to prevent unauthorized or accidental entry or unauthorized use of the swimming pool. Such fencing may be erected so as to enclose only the swimming pool, in which case the height of the fence shall be six feet, the yard in which the pool is located or the entire property.
(12)
Except where specifically prohibited under the terms of any other applicable ordinance or regulations of the City, nothing herein shall be construed to prohibit the use of hedges, trees or other plantings anywhere on the lot.
(13)
All fences or walls that have a front or finished side and a rear or unfinished side shall be erected so that the unfinished side shall face inward toward the property the fence is designed to protect.
(14)
Concertina, barbed or razor wire fences are prohibited.
(15)
Except for commercially available pet fences wherein the animal is fitted with a specialized collar to receive electric impulses, electrified fences are prohibited.