All uses requiring tree removal, landscaping, buffering, and vegetation/forest protection shall meet the appropriate provisions of this article. The provisions of this article are considered minimum standards. The Town recognizes that due to the peculiarities of any given site and development proposal, the inflexible application of these landscape improvement standards may result in impractical or unnecessary site improvements that contribute little value toward enhancing the appearance of the development. Therefore, the Town (through the Planning Commission or Zoning Inspector) may permit deviations from the presumptive requirements of this article when the applicant can demonstrate that the proposed land planning, site planning, architectural or landscape architectural design solutions offer the appropriate "'appearance" desired for development and growth in the Town. For projects requiring overlay zoning designations, variances or special exceptions, the Planning Commission may require additional landscape improvements.

Subject to a review and comment from the Town Engineer, minimum landscape requirements can be modified or waived to permit small-scale stormwater management practices, nonstructural techniques, and better site planning that mimics natural hydrologic runoff characteristics and minimizes the impact of land development on water resources. These techniques are referred to as Environmental Site Design (ESD).

Landscape, buffering, and vegetation/forest protection design shall be developed and integrated with the site plan or subdivision design. It shall be conceived in a total pattern across the site, integrating the various elements of site design, preserving, and enhancing the identity of the site.

Required landscape improvements shall include plant material types suitable and consistent with flora and fauna of the region. Landscape improvements may include other elements, including rocks, water, sculpture, art, walls, fences, paving materials, and street furniture.

Landscape plans must be submitted with all applications for development and construction activities that are subject to the landscape, screening, and/or buffer regulations of this article. No building permit or similar authorization may be issued until the Zoning Inspector determines that the landscaping and screening regulations of this article are met.

Sites or development activities under the jurisdiction of the Town Forest Conservation Ordinance must also meet the requirements of that ordinance, subject to possible overlapping credits outlined herein.

When required. A landscape plan shall be required during the preliminary and final site plan and for the preliminary and final subdivision review process. A landscape plan is required whenever landscaping is a condition of approval for any development activity and whenever buffer or screening standards apply. Applicants are encouraged, and the Planning Commission may require the submission of additional sketches, cross-sections, elevations, or other graphic elements that help convey the design intent of landscape improvements.

Landscape plans shall be prepared by a landscape architect registered in the State of Maryland, or other person determined by the Planning Commission or their designated representatives to be qualified.

Landscape plans shall be submitted at the time of the preliminary and final site plan or subdivision review process. They shall include enough information to demonstrate the landscaping provided meets the standards and achieves the intent of this chapter. At a minimum, landscape plans shall include the following information:

Final landscape plans shall include on the plan drawing, at a minimum, the following standard notes, modified to suit specific projects or conditions:

Landscape planting shall be done using the industry-accepted best landscaping practices (e.g., Landscape Contractors Association's Landscape Specification Guidelines).

Plant sources. All required plant material shall be nursery stock conforming to the American Standard for Nursery Stock, current edition, or relocated from on-site or other sites via nursery standard plant handling and digging methods. The Town may reject plant material grown, handled, or installed improperly.

Plants shall minimize the amount of maintenance required, and to promote diversity, no more than 30% of any plant type (e.g., trees, shrubs) shall be of one species.

Plants that interfere with the function of utilities, compromise safety, obstruct views in clear sight triangles, are easily susceptible to disease or pest infestations, or are aggressively invasive shall be avoided to the maximum extent possible.

Plant materials shall be spaced appropriately to their species and function in the landscape. Trees shall be offset a minimum of 15 feet from overhead utility lines, light poles, traffic signs and fire hydrants, 10 feet from underground utility lines, and, where possible, five feet from sidewalks and driveways.

Species selection. Acceptable plant species shall include most plant material native or successfully introduced and available in the Mid-Atlantic. Small ornamental, weeping or other low-growing varieties shall not be utilized for street trees. Consider plant form and growth habit when selecting plant species. Provide a mix of species and varieties for any given project. For most subdivisions, street tree species shall vary through the subdivision.

Plant size at installation. Unless otherwise explicitly stated, all required plant material shall conform to the following minimum size specification at installation:

Before the issuance of an occupancy permit, the approved landscape plan shall be implemented by the applicant. At completion, the applicant shall request that the Town inspect the complete landscaping and issue the appropriate approval. The Town recognizes that planting schedules and favorable weather/climate conditions do not always coincide. The applicant shall make every reasonable effort to coordinate building and site construction with the landscape improvement installation so that all project construction can be completed before the request for occupancy permits. Upon demonstrating that some or all the required landscape improvements should be postponed, the applicant shall post an irrevocable financial surety equal to the estimated installation costs. The financial surety shall be adequate to guarantee the complete implementation of the landscape plan within two growing seasons after occupancy or use of the site or subdivision. After installation is complete and inspected and approved by the Town, the applicant shall request in writing to the Town to release any unused portion of the surety.

The owner/developer shall maintain all landscape improvements, providing adequate growing conditions to ensure healthy, vigorous plant survival and growth. The Town reserves the right to periodically review installed landscapes and report any significant deficiencies to the owner/developer. Up to one year after completion of all landscaping, the Town shall assess the landscape improvements and direct replacement or revitalization of any deficient area. The owner shall repair or replace deficient items within 30 calendar days.

Failure to maintain, repair, or replace the required and approved landscape improvements shall be considered a violation of this section and shall be enforced per Article XXI.

Single-family detached residential subdivisions.

Talbot Street (MD 33) front buffer yards.

Landscaping for parking lots, nonresidential, multifamily, or mixed-use developments.

Applicability: features to be screened. When located on lots occupied by residential, nonresidential, or mixed uses, the following features must be screened from view of public rights-of-way, public open spaces and lots used or zoned for residential purposes, as specified in this section:

Ground-mounted mechanical equipment. All ground-mounted mechanical equipment over 30 inches in height must be screened from view by a fence, wall, dense hedge, or combination of such features providing at least 80% direct view blocking. The hedge, fence, or wall must be at least as tall as the tallest part of the equipment. The hedge must be this tall at the time of planting. (See Figure 179-1.)

Roof-mounted mechanical equipment. Roof-mounted mechanical equipment (e.g., air-conditioning, heating, cooling, ventilation, exhaust, and similar equipment, but not solar panels or similar renewable energy devices) must be screened from ground-level view in one of the following ways (and as illustrated in Figure 179-2):

Refuse/recycling containers. Refuse/recycling and similar containers must be located on an appropriately designed concrete or other paving material pad and apron. They must be screened from view of streets and all abutting lots with a wall or other screening material providing at least 80% direct visual screening at least six feet in height. Refuse/recycling containers may not be in street yards. Enclosure doors must be located and designed so that, to the maximum extent possible, they do not face an abutting property, sidewalk, or street. Residential dwellings utilizing curbside pickup service are exempt from these screening requirements. (See Figure 179-3.)

Outdoor storage of materials, supplies, and equipment. All stored materials, supplies, merchandise, vehicles, equipment, or other similar materials not on display for direct sale, rental or lease to the ultimate consumer or user must be screened by a fence, wall, dense hedge, or combination of such features with a minimum height of six feet at the time of installation.

Identification. An applicant for development activity, redevelopment activity, or change in land use shall identify all applicable habitat protection areas and follow the standards contained in this section. Habitat protection areas include:

Standards.

Purpose. The purpose of this section is to regulate the spill-over of light and glare on operators of motor vehicles, pedestrians, and land uses in the proximity of the light source. Concerning motor vehicles, safety considerations are the basis of the regulations contained herein. In other cases, both the nuisance and hazard aspects of glare are regulated. This section is not intended to apply to public streetlighting.

Site lighting shall be of low intensity from a concealed source, shall be of a clear white light which does not distort colors and shall not spill over into adjoining properties, buffers, roadways, or in any way interfere with the vision of oncoming motorists.

Exemption for specified outdoor recreational uses. Because of their unique requirements for nighttime visibility and their limited hours of operation, ball diamonds, playing fields, and tennis courts are exempted from the exterior lighting standards of Subsection B above subject to a determination by the Planning Commission that the outdoor recreational use meets all other requirements of this chapter and the following conditions:

Additional regulations. Notwithstanding any other provision of this section to the contrary:

Exterior lighting plan. At the time any exterior light is installed or substantially modified, and whenever a zoning certificate is required, an exterior lighting plan is required.

Photometric plans for all proposed commercial and industrial uses are required.

Illumination levels attributable to a parking lot lighting system and any other outdoor lighting shall not exceed 0.5 horizontal footcandle at the property line when adjacent to a residential zoning district.

Individual trees removed on private property shall require a permit and be replaced in accordance with the Tree Replacement and Mitigation Table, unless otherwise specified by Article IV of this chapter (The Chesapeake Bay Critical Area Overlay District), or other Critical Area Commission mitigation regulations, in which case those requirements are to be applied.

Replacement trees shall be Maryland native species measuring at least 4 1/2 feet in height with a minimum caliper of 1 1/2 inch diameter breast height (dbh).

Replacement trees shall be planted on site if possible; however, the applicant may be permitted to replace trees by planting off site in the Town of St. Michaels with such property owner authorization or alternatively may pay a fee in lieu of planting as noted in the Tree Replacement and Mitigation Table. (Specimen trees are at least 30 inches in diameter and a good example of a species due to their size, shape or age.)

The Town Administrator may authorize the use of such tree mitigation funds for tree planting projects throughout the Town, for funding individual tree planting requests in case of hardship, and for exceptions to these requirements for projects with significant public benefit.

Any planting contractor employed for this related work is required to be a licensed tree expert by the State of Maryland with associated liability and property damage insurance. Removal of dead or diseased trees requires mitigation only at A 1:1 ratio regardless of the size of the tree being removed. Replacement trees shall comply with size requirements in Subsection B above.