A landscaping plan shall be provided as a part of all required site plans, subdivision plats and condominium plans that demonstrates the following:

(1)

The landscaping plan may be combined with the site plan and processed as a part thereof; if the landscaping plan is submitted separately, it shall be subject to the procedural and informational requirements of a site plan. The landscaping plan shall specify: ground cover; location, quantities, species, and size of plants materials; berms, surface drainage and outlet; location of existing trees having caliper of six inches measured at 4½ feet above ground level, and designation of trees to be retained. It shall be unlawful for the owner or developer of any property to remove existing trees and/or vegetation after submitting building plans, plot plans and/or site plans; or within 12 months prior to submitting such plans, except in conformance with section 2808. Nothing in this subsection shall be construed to prevent the removal of a diseased tree or a tree that has become dangerous due to storm or similar damage, provided the city has granted permission to remove such tree(s).

(2)

Provisions for protecting trees on-site and on adjoining properties during construction, and preservation of trees in connection with grading and drainage shall be provided. All trees to be retained shall be protected from heavy equipment, material storage, and other construction activities by temporary fencing at the drip lines and posting of signs prohibiting encroachment with that area during construction.

(3)

Wherever a greenbelt is required the composition and relative quantities of plant materials shall be selected to achieve substantial visual screening throughout all seasons of the year.

(4)

Landscaping shall be provided in all required front setbacks, including those abutting side streets.

(5)

Minimum requirements established. A minimum of ten percent of the total site area of any use requiring site plan approval shall be developed as landscaped open space. All such minimum required open space shall be located in a front, side and/or rear yard. Pedestrian plazas, planters, and other decorative elements may be included in such landscaped areas. The specific location of all required landscaped areas shall be chosen to provide the greatest visual and acoustical benefit to nearby residences and neighborhoods, as determined by the planning commission.

(6)

Plant species used for required landscaping and greenbelts shall be chosen as follows:

a.

Trees and shrubs should be selected that can tolerate our climatic zone, as well as, the stresses particular to the site, such as existing shade, salt tolerance if near the street, heat or scorch residence if in a parking island, disease and insect resistance, and the like.

b.

Certain tree species shall not be used if they are on the city's prohibited list or they are considered less desirable because of overplanting. Information on overplanted species will be provided by the city's parks superintendent upon request of an applicant.

(7)

The city's current tree policy manual shall be used as the guide for determining proper spacing of specific species and for guidelines regarding planting within clear vision triangles formed at street and driveway intersections.

In accordance with the City of Rochester's adopted design guidelines, landscaping in the city's Central Business District shall be designed to encourage and promote pedestrian activity throughout the area. Pedestrian street furniture and amenities such as benches, trash receptacles, newspaper stand, bicycle racks, and lighting fixtures shall be consistent with the character of the surrounding architecture and shall be standardized designs and style selected and approved by the city and the downtown development authority in order to establish and maintain an identity for the downtown district. Public artwork and outdoor cafes shall be also encouraged within the district. Approved amenities shall be incorporated into required landscape plans for proposed development in the district. In addition to the applicable landscape requirements of section 2800, the following requirements apply to development within the CBD:

(1)

Pavement and landscape materials.

a.

An unobstructed pedestrian path of eight feet shall be maintained in front of all buildings in the CBD, as follows:

1.

On Main Street, the unobstructed path shall be eight feet.

2.

On Walnut Street the unobstructed path shall be at least six feet.

3.

On all other streets in the CBD, the unobstructed path shall be at least five feet.

b.

Textured pavement material including approved brick or pigmented concrete pavers should be used to distinguish pedestrian pathways within the district.

c.

For healthy growth and maintenance, shrubs and plantings shall be placed in planting beds rather than turf areas. Low water-requiring plants shall be selected where possible.

(2)

Pedestrian amenities.

a.

Approved amenities including landscape beds and street furniture shall be placed in the five-foot space between the curb face and the eight-foot-wide pedestrian path designated as the amenity zone. Planting beds and pedestrian amenities shall be located a minimum of 2½ feet from the curb face where existing on street parking occurs to prevent conflict with pedestrian access to parked vehicles. In areas where travel lanes adjoin the curb all amenities shall be set back a minimum of 3½ feet.

b.

The use of planter walls a minimum of 2½ feet in height should be encouraged to provide for additional seating opportunities within the district.

c.

Bicycle racks are encouraged in the district at a rate of one per each 20 parking spaces available in the district. Bicycle parking spaces shall be a minimum of two feet by six feet in area with adequate room for maneuvering. Bicycle racks located in amenity zones shall be placed near building entrances or situated so that they are visible from inside the adjacent building, but not within the street right-of-way unless they are city-owned or sponsored by the DDA.

d.

Outdoor lighting shall be consistent with the requirements of section 2306. Approved pedestrian lighting fixtures shall be used and shall provide a minimum of one footcandle of low-intensity high quality light for uniform visibility and pedestrian safety.

e.

Required amenity zones shall include a minimum of three or more pedestrian amenities. Amenities include but are not limited to:

1.

Approved trash receptacles.

2.

Approved benches/low screen walls.

3.

Bicycle racks.

4.

Container plants.

5.

Public art.

6.

Pedestrian lighting.

7.

Street trees.

f.

Applicants shall refer to the appendix A of the city's design guidelines regarding specifications for approved paving materials as well as pedestrian furniture such as seating, bicycle racks, trash receptacles, and light fixtures. See specific fixtures and pavement types for the CBD identified in appendix A of the city's design guidelines.

(Ord. No. 2004-05, 3-22-2004)

Editor's note— Ordinance No. 2011-02, adopted Feb. 14, 2011, deleted § 2802, which pertained to street trees, and derived from Ord. No. 2004-06, adopted March 22, 2004. The user is directed to ch. 20, art. II, of the Code of Ordinances for similar provisions.

(a)

Inspection for the acceptance of plant material will be made during the September following the period of establishment. This period of establishment shall start at the completion of all the planting required for the entire project and shall extend through a complete growing season consisting of the months of June, July, and August. During the period of establishment the developer shall be responsible for planted materials; plants which fail to survive shall be removed and replacement planting shall be completed during the next planting season.

(Ord. No. 2004-07, 3-22-2004)

(a)

Wherever a nonresidential use adjoins a residential district, a screen wall shall be provided by the nonresidential use as specified below. For purposes of this section, a parking lot of four or more spaces is a nonresidential use.

(b)

Wherever a nonresidential use adjoins a residential use in a nonresidential district, screening shall be installed and maintained by the nonresidential use along lot lines in accordance with the below requirements; provided, however, that the planning commission may approve in substitution for a masonry wall, a wood screen or other substitutions described in subsection (e)(5) of this section, or may waive screening requirements where no substantial benefit would result from the screening. The height of a required wall shall be measured from the residential side; provided, however, that no such wall shall exceed eight feet in height as measured on the nonresidential side in office or commercial districts. If the planning commission determines that a wall is required on the residential side which will result in a height of more than eight feet on the business side, the plans shall provide for a stepped or terraced design, with appropriate landscaping, so that no more than an eight-foot-high wall is necessary on the business side.

(c)

Wherever a wall is not required by this ordinance by virtue of its location in a residential district, it shall nevertheless be subject to the design standards and procedures of this section.

(d)

A screen wall shall be installed along all lot lines of the nonresidential use where the lot lines adjoin a residential district. In the case of a parking lot, a screen wall shall be installed to screen the parking lot from a residential district separated from the parking lot property by a right-of-way of less than 86 feet width.

(e)

The design plans for the screen wall shall be reviewed and approved or disapproved by the city planning commission. The design standards shall be as follows:

(1)

Along side and rear lot lines of the nonresidential use, the wall height required by the planning commission shall be measured from the prevailing grade of the residential use being protected.

(2)

Along the front lot line or corner side lot line, the wall shall be 4.5 feet in height from the prevailing grade of the nonresidential property adjoining the wall.

(3)

Where a setback of a parking lot from a front lot line or corner side lot line is required under section 2404(4), no screen wall shall extend more than one foot into the applicable parking lot setbacks.

(4)

The wall shall be of masonry construction, be designed to well withstand frost heave, hydrostatic pressure, the effects of weather, and be protected from vehicles by bumper guards or setbacks. The appearance of the wall in terms of material, design, and workmanship shall be beneficial to the residential districts.

(5)

The planning commission may: approve in partial or complete substitution for the wall(s) the use of existing and or proposed topography, dense vegetation, or other natural or manmade features that would produce substantially equivalent results of screening, and durability; approve reduction or increase in wall height where a lesser or greater height is found appropriate based on considerations of topography, sight lines, and distances; approve variations in the design standards for reasons of topography or characteristics peculiar to the site, its usage, and environs. In taking such actions, the planning commission shall take into account that the principal purpose of the wall(s) is to screen nonresidential activities, including parking, loading and noise, from nearby residential districts. In such cases where the planning commission finds that there would be no substantial need for a screen wall, the requirements of this section may be waived, reduced, or substituted. For example, the planning commission might find that a church, school, or park in a residential district without a screen wall would pose no significantly adverse effect on adjoining residential areas. The basis for such decision shall be recorded in the minutes of the planning commission.

(f)

The design plans of the screen walls shall be incorporated with the site plan submittal, if a site plan is required, in accordance with article 27 of this ordinance; otherwise the design plans of the screen wall shall be subject to the informational requirements of section 2701 of article 27, except subsections (12), (13), and (15).

(g)

The scale of the plans shall be as follows:

(1)

Typical cross section and elevations of the wall shall be one inch equals one foot.

(2)

Overall plan of the wall shall be not less than one inch equals ten feet.

(3)

Both the cross section and plan drawings shall clearly show the relationship of the wall to adjoining properties and buildings in terms of grades, drainage, distances, and screening effect. The materials and dimensions of the wall shall be specified.

(Ord. No. 2004-07, 3-22-2004)

All development in every zone abutting the Clinton River, Paint Creek and/or Stony Creek shall be required to establish a landscaped stabilization zone along the banks of the waterway for erosion control and protection of the waterway banks. Landscaping with appropriate wetlands or stream bank plant materials shall be the only activities permitted within the landscaped stabilization zone. No construction of buildings, fences, retaining walls or the like shall be permitted. The design of the landscaping and the type of plant materials chosen shall be intended to stabilize the banks, prevent erosion, and protect and improve the area adjacent to the waterway for scenic enjoyment and public use at locations identified by the planning commission and city council. Landscaped stabilization zones shall be provided as follows:

(1)

On all properties abutting Stony Creek, the owner or developer shall establish and maintain a landscaped stabilization zone of 30 feet wide above the base flood elevation, as identified on the flood insurance rate map of the Federal Emergency Management Agency.

(2)

On all properties abutting the Clinton River and Paint Creek, the owner or developer shall establish a landscaped stabilization zone of 30 feet wide above the base flood elevation, as identified on the flood insurance rate map of the Federal Emergency Management Agency. The owner or developer may, at his/her option, grant an easement to the city permitting public access and development of a public walkway. Once this easement has been granted to the city, control of public access and the maintenance of the plant materials within the easement shall be the responsibility of the city. Nothing in this section shall preclude the city from acquiring an easement for public access through negotiation with the owner or by condemnation proceedings.