The City of Rockford determines it is necessary to enact landscaping and tree preservation regulations for the protection of the public health, safety, and welfare. The importance of plant material is recognized for its contribution to shade, cooling, noise and wind reduction, soil erosion prevention, oxygen production, dust filtration, carbon dioxide absorption, aesthetic and economic enhancement of real property, and its contribution to the general well-being and quality of life of the citizens of the community. To achieve these purposes, this chapter requires landscaping of specific areas and the conservation, planting, and replacement of trees.

This chapter governs and regulates the following activities within the city:

A.

all projects subject to site plan review, per Section 14.2, except Administrative Review, and

B.

the subdivision of land as plats and site condominiums, but not individual single- and two-family lots.

A.

Landscape Plan. A landscape plan shall be submitted with any application for site plan approval, unless otherwise exempted. The landscape plan shall illustrate compliance with the requirements of this chapter relative to buffers, parking lot landscaping, screening, and greenbelts.

1.

Requirements. The landscape plan shall be prepared and sealed by a landscape architect licensed in the State of Michigan and shall include the location, botanical name, common name, quantity, and size of all proposed plantings. Additionally, the plan shall include:

a.

a tree survey if applicable, as specified in Subparagraph 12.4 C.2.;

b.

plant schedules, charts, and notes as necessary to clearly demonstrate conformance with all applicable planting requirements for the site;

c.

anticipated mature height and the crown spread with circles indicating anticipated plant size at maturity;

d.

existing natural and man-made landscape features and proposed buildings and structures;

e.

planting details to ensure proper installation and establishment of proposed plant material; and

f.

grass areas and other methods of ground cover.

2.

Separate plan. Unless it can be clearly shown on a plat or site plan sheet, a separate landscape plan sheet(s) shall be drawn at the same scale as the plat or site plan drawings. To ensure that landscaping is not affected by, or interferes with utilities, the plans shall indicate all existing or proposed utilities and easements.

3.

Deviation from plans. After approval of a landscape plan any deviation from the approved plan shall be processed in accordance with Section 14.7 as a site plan amendment.

4.

Performance guarantee. At the final preliminary plat approval phase, site condominium approval phase, final site plan approval phase, or prior to issuance of a certificate of occupancy, the applicant may be required to submit a performance guarantee, as specified in Section 15.4, to ensure that the improvements required by this chapter and shown on the approved final plan are completed and in a timely manner.

B.

Minimum Plant Material Standards.

1.

All plant material shall be hardy to Kent County, free of disease and insects, and conform to the American Standard for Nursery Stock of the American Association of Nurserymen. Native plant material shall be encouraged.

2.

All plant material shall be installed in a manner that will not alter drainage patterns on the site or adjacent properties or obstruct vision for vehicular ingress/egress.

3.

All plant material shall be planted in a manner that will not cause damage to utility lines (above and below ground) and public roadways.

4.

All plant material required by this chapter shall at least meet the following minimum size requirements at time of installation:

5.

Existing plant material which complies with the requirements of this ordinance, as determined by the reviewer, shall be credited toward meeting the applicable landscape requirements.

6.

The installed plant material shall achieve its horizontal and vertical screening effect within four years of initial installation.

7.

Plant material shall not be placed closer than four feet to any fence or property line.

8.

Where plant materials are placed in two or more rows, planting shall be staggered in rows.

9.

The overall landscape shall not contain more than 33 percent of any one plant species.

10.

The following trees are not permitted as they split easily and are brittle; their roots clog drains and sewers; and/or they are unusually susceptible to disease or insect pests:

C.

Landscaping Installation and Maintenance.

1.

All plant material shall be maintained in a healthy state and neat in appearance, free from refuse and debris. Any dead or diseased plants shall be replaced.

2.

All required landscaping, except for single- and two-family dwellings, shall be completed prior to the date of occupancy of the buildings unless a performance guarantee is submitted in accordance with the provisions of Section 15.4.

3.

New single- and two-family dwelling units shall, within 180 days of the issuance of a certificate of occupancy, have an established and maintained lawn area. The zoning administrator may consider a written request to extend the time limits based upon seasonal limitations only.

D.

Minimum Standards for Berms.

1.

Berms shall be constructed to maintain a side slope not to exceed a one foot rise to a three foot run ratio. When topography or other site condition prevents construction of berms at this ratio, retaining walls or terracing may be permitted. If a berm is constructed with a retaining wall or by terracing, the earthen slope shall face the adjoining property.

2.

Berm areas not containing planting beds shall be covered with grass or other living ground cover maintained in a healthy condition.

3.

Berms shall be constructed in such a manner as not to alter drainage patterns on-site or toward adjacent properties or obstruct vision for vehicular ingress/egress.

E.

Minimum Standards for Screen Walls and Fences. All walls and fences required for screening shall be constructed with new, durable, weather resistant, and easily maintainable materials and shall comply with the requirements of Section 7.7 of this ordinance. Chain link fences, including fences with slats or netting, shall not be used as screen fencing.

F.

Waiver from Landscaping and Screening Requirements. The plan reviewer, during site plan review, may determine upon inspection that conditions unique to the parcel exist which would prevent development of required buffers, off-street parking landscaped areas, screening, or greenbelts. In such cases, the requirements may be waived in whole or in part or alternative methods required. Criteria to be used when considering a waiver shall include, but not be limited to:

1.

existence of natural vegetation or screening;

2.

topography;

3.

regulated wetlands and areas of poor soils;

4.

existing and proposed building placement;

5.

building height on adjacent property;

6.

adjacent land uses;

7.

distance between land uses;

8.

dimensional conditions unique to the parcel; and

9.

traffic, sight distances, and traffic operational characteristics on and off site.

A.

Buffer Requirement. Buffering is a method of visually shielding or obscuring one use from another by densely planted vegetation, fences, walls, and/or berms.

1.

When two adjoining properties are in dissimilar zone districts or where a nonresidential use abuts a residential use in the same district, the property within the zone district allowing the more intensive uses or the site containing the nonresidential use abutting residential shall provide a buffer, as shown in Table 12-5.

2.

Where trees and vegetation exist within the required buffer area, existing trees may count toward meeting the buffer requirements and shall be supplemented, as needed, to fully comply with the requirements shown in Table 12-5a; provided species listed in Table 12-3a shall not count toward the buffer requirements.

3.

When two adjoining parcels are vacant, no buffer shall be required until the more intensively zoned property or nonresidential use for that property, as applicable, receives a building permit. The buffer zone shall be required even if the adjacent parcel is unimproved land.

4.

In calculating the area devoted to meeting the buffer requirements, drainage basins, easements, or rights-of-way shall not be included.

B.

Buffer Screening Standards. The buffer may consist of a combination of required plantings, wall, fence, or berms. In the event walls, fences, or berms are used within the buffer, the Planning Commission may reduce the required number of trees by up to 50 percent if it is determined that the purpose of the buffer will still be achieved. However, where topographic conditions, minimal separation distances, noise generation, or other characteristics of the property or use are likely to exist, the Planning Commission may require construction of a fence, wall, or berm in addition to the required plantings along all or a portion of the buffer.

C.

Buffer Location. Buffers shall be located along the outer perimeter of a lot or parcel. Buffers shall not be located on any portion of existing, dedicated, or reserved public street right-of-way or private easements, except pathway easements.

A.

Greenbelts Required. Greenbelts shall be required in the following situations, except as may be required elsewhere in this section.

1.

Along the lot frontage for parking lots in the C-3, C-4, and I-1 Districts and parking lots serving non-residential uses in any residential district.

2.

Within any parking lot which contains 100 spaces or more.

B.

Greenbelt Standards.

1.

Street frontage. Greenbelts required along any street shall meet the following requirements:

a.

All parking areas visible from the public right-of-way shall be screened by a landscaped greenbelt that includes a mixture of trees and shrubs to minimize the visual impact of parked vehicles.

b.

The minimum greenbelt depth shall correspond to the setback requirements for parking areas as prescribed for the zoning district in which the property is located. If no parking setback is required, the greenbelt shall be at least 15 feet.

c.

At least one tree per 20 linear feet or fraction of street frontage shall be planted within the greenbelt.

d.

No fewer than one-half of the total number of required trees shall be evergreen trees.

e.

A minimum of one shrub at least 24 inches high shall be required per each 10 linear feet or fraction of street frontage.

f.

Trees and shrubs may be clustered within the greenbelt, if approved by the reviewer, to provide a more natural appearance or to filter views.

g.

All areas within the greenbelt which do not contain trees or planting beds shall be covered with grass or other living ground cover.

h.

Detention/retention basins shall be permitted within required greenbelts provided they do not hamper the screening intent of the greenbelt or jeopardize the survival of the plant materials.

2.

Parking lots. Landscaped islands shall be provided within all parking lots containing more than 100 parking spaces and shall meet the following requirements:

a.

Interior islands shall be spaced no further than 15 parking spaces apart.

b.

Plantings within the islands shall be protected from vehicle bumpers with curbing, wheel stops, or other means such as elevating the islands.

c.

The minimum size of any interior island area shall be 180 sq. ft.

d.

Each island shall contain a minimum of one deciduous canopy tree and low growing shrubs and/or ground cover.

A.

Screening Required.

1.

Screening shall be required in the following situations, except as may be provided elsewhere in this section.

a.

Around trash dumpsters in all districts,

b.

Around designated outdoor storage areas in the C-4 and I-1 District,

c.

Around any designated loading/unloading area visible from a public or private street or adjacent to a residential district, except where a buffer is required per Section 12.5.

2.

Screening shall be required on the subject parcel even if the surrounding area or adjacent parcels are unimproved.

3.

When any developed parcel changes use, zoning district, or otherwise necessitates features specified in Subparagraph A.1. above, screening shall be provided in compliance with this ordinance.

4.

If existing conditions on the subject parcel are such that a parcel cannot comply with the screening requirements, the reviewer shall determine the character of an alternate screen based on the following criteria:

a.

traffic access and circulation;

b.

building and parking lot coverage;

c.

physical characteristics of the site and surrounding area such as topography, vegetation, and uses; and

d.

visibility and noise levels.

B.

Screening Standards.

1.

Required screens shall meet the following specifications, unless an alternate is approved by the reviewer in accordance with Subparagraph A.4.:

a.

a solid, sight-obscuring fence or wall six feet high;

b.

constructed of masonry, treated wood, or other material approved by the reviewer if determined to be durable, weather resistant, rust proof, and easily maintained, not including chain link; and

c.

dumpsters enclosed on all sides and not containing any openings other than a gate for access which shall be closed at all times when not in use.

2.

The required screen may be comprised of berms, plant material, walls, fences, or any combination, if approved by the reviewer upon determining that the same degree of screening or better will be provided.