7.01.01 Purpose: These requirements shall apply only to new developments or where a development contains structure(s) that is not eligible for exemptions for noncompliance as provided under current ordinances. A new development shall be defined as any new project built on a raw or otherwise vacant tract or tracts of land, not associated with an existing structure. A structure shall be deemed to have lost its nonconformity as determined by appendix A, article 9.

It is the intent of this section to establish minimum standards for the provision, installation, and maintenance of landscape plantings in order to provide for the orderly, safe, and environmentally sound development of land located within the corporate limits of Seabrook, thereby promoting the health, safety, and general welfare of the community as provided by law.

The regulations contained herein are necessary to enhance the community's aesthetic, environmental, and ecological qualities, as well as to benefit safety in parking and pedestrian areas.

Through the use of landscaping, it is possible to improve the appearance of all areas by incorporating open space into development in ways that harmonize and enhance the natural and built environment. It is possible to improve environmental quality through the numerous beneficial effects of landscaping, including:

A.

The improvement of air and water quality through such natural processes as photosynthesis and mineral uptake.

B.

The use of trees and other plants to reduce erosion by the binding of soil particles with their roots thus holding the soil together against the effects of wind and water. When development increases the amount of impervious surface on a site, it greatly increases water flow across exposed soils, causing serious water pollution problems. Vegetation slows this process by acting as a sponge, gradually releasing runoff. This improves water quality and reduces the need for engineered drainage solutions.

C.

Vegetation reduces and/or reverses air, noise, heat, and chemical pollution through the biological filtering capacities of trees and other vegetation.

D.

Landscaping reduces the increase in air temperatures caused by paved surfaces and automobiles through the process of transpiration associated with plant material.

Vegetation also helps promote energy conservation through the creation of shade, reducing heat gain in or on buildings or paved areas.

The use of vegetation also enhances the safety of parking lots and pedestrian paths through the application of landscaping provisions which guide the circulation of cars and people. Proper use helps ensure that a driver's vision is unobstructed. The regulations contained in this section of the ordinance are aimed at achieving the goals, objectives, and policies, contained in the comprehensive master plan.

7.01.02 Definitions: All related definitions are found in article 1, section 1.10 of appendix A.

7.01.03 General applicability: Unless otherwise provided herein, this article shall apply to the following:

A.

Single-family/townhouse residential landscape regulations (7.01.04).

B.

Old Seabrook zoning district (OS) landscape regulations (7.01.06).

C.

Point overlay district landscape regulations (7.01.07).

D.

Commercial and multi-family use parking lot screening, perimeter landscape and buffering regulations (7.01.08).

E.

Commercial and multi-family use interior site landscape regulations (7.01.09).

F.

Landscape design submittal (7.01.10) (non-residential only).

G.

Tree preservation and replacement (7.01.11).

H.

Sight distance and visibility (7.01.12).

I.

Fencing (7.01.13).

J.

Maintenance (7.01.14).

K.

Master landscape plan (7.01.15).

7.01.04 Single-family/townhouse residential landscape regulations:

Applicability. This section shall apply to residential districts R-LD, R-1, and R-2.

1.

Front yard landscaping requirements.

a.

Purpose. Landscaping shall be selected and placed in the front yards of residences to soften the effect of the built environment. An arrangement of vegetation such as trees, bushes, and grass, together with other suitable materials such as flowering plants, ground cover, mulch, etc., arranged in a complementary fashion, is desired.

b.

Percent of vegetative cover. An area not less than 15 percent of the total lot area shall be landscaped. No area shall be maintained with bare soil. All ground surfaces not used for buildings, sidewalks, roadways, or other impermeable surfaces shall be covered with live grass, turf, shrubbery, trees, ground cover, flowering plants or appropriate mulching and only those areas with live plant materials shall be included in the calculation for determining compliance with the percentage of lot coverage.

c.

Required materials. The front yard shall be landscaped with the following materials. All trees shall be planted a minimum of ten feet from the front property line.

1.

Single-family detached: one minimum two-inch caliper tree.

2.

Duplex or townhouse: one minimum two-inch caliper tree per unit.

Corner lots: Front yard landscaping in corner lots shall wrap around the side for a minimum of ten feet from the street-facing building corner in single-family detached developments, and seven feet in single-family attached developments.

d.

Sidewalk zone. A continuous sidewalk at least four feet in width shall be provided on both sides of the street at least three feet distant from and generally parallel to the back of the curb.

7.01.05. Old Seabrook zoning district (OS) landscape regulations:

Applicability. This section shall apply to development within the (OS) Old Seabrook zoning district.

1.

Residential use.

a.

Percent of vegetative cover. An area not less than ten percent of the total lot area shall be landscaped. No area shall be maintained with bare soil. All ground surfaces not used for buildings, sidewalks, roadways, or other impermeable surfaces shall be covered with live grass, turf, shrubbery, trees, ground cover, flowering plants or appropriate mulching and only those areas with live plant materials shall be included in the calculation for determining compliance with the percentage of lot coverage.

b.

Required materials. The front yard shall be landscaped with the following materials. All trees shall be planted a minimum of ten feet from the front property line.

1.

Single-family detached: Minimum of one two-inch caliper tree.

2.

Duplex or townhouse: Minimum of one two-inch caliper tree per unit.

Corner lots: Front yard landscaping in corner lots shall wrap around the side for a minimum of ten feet from the street-facing building corner.

2.

Commercial use.

A.

Interior site landscape. All interior spaces within any commercial site shall conform to the following minimum requirements.

a.

Grass, ground cover, shrubs, and other landscape materials shall be used to cover all open ground within five feet of any building or paving or other use such as storage.

b.

All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance.

c.

A minimum of ten percent of the total site area shall be devoted to feature landscaping with not less than 50 percent of the landscaping being located in the required front yard.

B.

Off-street parking lots. Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance to the following criteria. Areas used for parking or vehicular storage which are under, on, or within buildings are exempt from these standards.

1.

Interior landscaping: A minimum of five percent of the gross parking areas shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway paving and/or sidewalks. The following additional criteria shall apply to the interior of parking lots.

a.

Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops.

b.

Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter/islands shall not be required for lots containing less than 6,250 square feet. Planter islands, when required, must be located at the terminus of all rows of parking. Such islands shall contain at least one two-inch caliber tree. The remainder shall be landscaped with shrubs, lawn, ground cover and other appropriate material not to exceed three feet in height. Interior planter islands shall have a minimum size of six feet by 38 feet for double parking rows and six feet by 19 feet for single parking rows.

2.

Perimeter landscaping: All parking lots and vehicular use areas shall be screened from all abutting properties and/or public rights-of-way with a hedge, or other durable landscape barrier. Landscaping shall be established in a four feet minimum width planting strip. Plants and materials used within the barriers shall be at least 24 inches high at the time of planting and shall be of a type and species that will attain a minimum height of three feet within one year after planting. Landscaping shall be designed to screen off-street parking lots and other vehicular use areas from public rights-of-way and adjacent properties.

7.01.06. Point overlay district landscape regulations:

Applicability. See appendix A, comprehensive zoning, article 4, special use regulations, section 4.15, the Point overlay district regulations, subsection 4.15.14. landscaping.

7.01.07. Commercial and multi-family use, parking lot screening and buffering regulations: Parking lots, vehicular use areas and parked vehicles are to be effectively screened from the public view and adjacent property. Both the interior and perimeter of such areas shall be landscaped in accordance to the following criteria. Areas used for parking or vehicular storage which are under, on, or within buildings are exempt from these standards.

1.

Interior landscaping: A minimum of ten percent of the gross parking areas shall be devoted to living landscaping which includes grass, ground cover, plants, shrubs and trees. Gross parking area is to be measured from the edge of the parking and/or driveway paving and/or sidewalks. The following additional criteria shall apply to the interior of parking lots.

a.

Interior landscape areas shall be protected from vehicular encroachment of overhang through appropriate wheel stops.

b.

There shall be a minimum of one tree planted for each 400 square feet or fraction thereof of required interior landscape area.

c.

Interior areas of parking lots shall contain planting islands located so as to best relieve the expanse of paving. Planter islands must be located no further apart than every 12 parking spaces and at the terminus of all rows of parking. Such islands shall contain at least one (1) tree. Planter islands shall not be required for lots containing less than 15,000 square feet. The remainder shall be landscaped with shrubs, lawn, ground cover and other appropriate material not to exceed three feet in height. Interior planter islands shall have a minimum size of nine by 18 feet.

2.

Perimeter landscaping: All parking lots and vehicular use areas shall be screened from all abutting properties and/or public rights-of-way with a hedge, or other durable landscape barrier. Landscaping shall be established in a four feet minimum width planting strip. Plants and materials used within the barriers shall be at least 24 inches high at the time of planting and shall be of a type and species that will attain a minimum height of three feet within one year after planting. Landscape areas shall also contain at least one tree, minimum two-inch caliper, for each 50 lineal feet or fraction thereof of perimeter length. Landscaping shall be designed to screen off-street parking lots and other vehicular use areas from public rights-of-way and adjacent properties.

a.

Whenever an off-street parking or vehicular use area abuts a public right-of-way, a perimeter landscape area of at least 15 feet in depth shall be maintained between the abutting right-of-way and the off-street parking or vehicular use area. An appropriate landscape screen or barrier shall be installed in this area and the remaining area shall be landscaped with at least grass or other ground cover. Necessary accessways from the public right-of-way shall be permitted through all such landscaping. The maximum width for accessways shall be: 50 feet for non-residential two-way movements; 30 feet for non-residential one-way movement.

b.

Whenever an off-street parking or vehicular use areas abuts an adjacent property line, a perimeter landscape area of at least ten feet in width shall be maintained between the edge of the parking area and the adjacent property line. Accessways between lots may be permitted through all perimeter landscape areas. Maximum width for accessways shall be 30 feet. Landscaping shall be designed to visually screen the parking area.

c.

Whenever such property is zoned or used for residential purposes, the landscape buffer shall include a masonry wall along the common property line which shall be 100 percent impervious to sight and at least eight feet in height. The wall shall consist of masonry/brick pilasters in order to provide an adequate buffer from the particular use. Such walls shall be maintained for uniform color/discoloration and remain free of graffiti. The required wall materials are to provide for ease of maintenance and longevity of the required buffer screen. All sides of the wall that are visible to the public shall be appropriately landscaped. Bare unfinished wall surfaces are specifically prohibited. A masonry wall(s) is not required for properties which are separated by a street.

d.

Perimeter landscape areas shall contain at least one tree, minimum two-inch caliper for each 50 lineal feet or fraction thereof of perimeter length.

e.

A continuous sidewalk at least four feet in width shall be provided on both sides of the street at least three feet distant from and generally parallel to the back of the curb.

7.01.08. Commercial and multi-family use, interior site landscape regulations: All interior spaces within any commercial development shall conform to the following minimum requirements:

a.

Grass, ground cover, shrubs, and other landscape materials shall be used to cover all open ground within ten feet of any building or paving or other use such as storage.

b.

All structures shall be treated with landscaping so as to enhance the appearance of the structure and to screen any detractive or unsightly appearance.

c.

A minimum of 15 percent of the total site area shall be devoted to feature landscaping with not less than 50 percent of the landscaping being located in the required front yard.

7.01.09. Landscape design submittal (non-residential only): Landscaping plans shall be prepared by a landscape architect, landscape contractor, landscape designer, knowledgeable in plants, materials and landscape design. Landscape plans shall contain the following information:

1.

Minimum scale of one inch equals 50 feet;

2.

Location of all trees to be preserved;

3.

Location of all plant and landscaping material to be used including plants, paving, benches, screens, fountains, statues, or other landscape features;

4.

Species of all plant material to be used;

5.

Size of all plant material to be used;

6.

Spacing of plant material where appropriate;

7.

Layout and description of irrigation systems, including placement of water sources;

8.

Description of maintenance provision for the landscape plan;

9.

Person(s) responsible for the preparation of landscape plan.

10.

Ornamental structures including fences, fountains, public art, ground cover, and other landscaping elements that are intended to complement the proposed landscaping design.

7.01.10. Tree preservation and replacement:

Applicability. See chapter 30, environment, article II, tree protection and preservation.

7.01.11. Sight distance and visibility: Landscaping requirements shall not be such as to cause visibility obstructions and/or blind corners at intersections. Whenever an accessway intersects a public right-of-way or when the subject property abuts the intersection of two or more public rights-of-way, a triangular visibility area, as described below, shall be created and maintained. Landscaping within the triangular visibility area shall be designed to provide unobstructed cross-visibility at a level between three and six feet. Trees may be permitted in this area provided they are trimmed in such a manner that no limbs or foliage extend into the cross-visibility area. The triangular areas are:

a.

The areas of property on both sides of the intersection of an accessway and a public right-of-way shall have a triangular visibility area with two sides of each triangle being ten feet in length from the point of the intersection and the third side being a line connecting the ends of the other two sides.

b.

The areas of property located at a corner formed by the intersection of two or more public rights-of-way shall have a triangular visibility area with two sides of each triangle being 20 feet in length from the point of the intersection and the third side being a line connecting the ends of the other two sides.

Landscaping, except required grass and low ground covers, shall not be located closer than three feet from the edge of any accessway pavement.

7.01.12. Fencing: Screening/security fences shall not extend forward of the front building facade.

Exception: Ornamental or decorative fences. Chainlink fencing materials are prohibited.

7.01.13. Maintenance:

a.

The owner, tenant and their agent, if any shall be jointly and severally responsible for the maintenance of all landscaping. All required landscaping shall be maintained in a neat and orderly manner at all times. This shall include mowing, edging, pruning, fertilizing, irrigation systems, weeding, and other such activities common to the maintenance of landscaping. Landscaped areas shall be kept free of trash, litter, weeds and other such material or plants not a part of the landscaping. All plant materials shall be maintained in a healthy and growing condition as is appropriate for the season of the year. Plant materials which die shall be replaced with plant material of similar variety and size.

b.

Removal of diseased or dangerous trees and vegetation:

Upon direction of the code enforcement officer, property owners shall be required to treat and/or remove trees suffering from transmittable diseases or pests.

The code enforcement officer may require the removal of a tree, part of a tree, or any other vegetation that may be:

A.

In danger of falling and injuring persons or damaging property not located on the owner's property;

B.

Within or overhanging a public right-of-way or easement;

C.

Creating a traffic hazard or visibility hazard for traffic on a public street.

7.01.14. Master landscape plan:

a.

Purpose. The purpose of a master landscape plan is to allow an applicant, subject to approval of the city council, the option of designating an area that will define unique characteristics in all landscape elements including type, design, and location based upon specific performance criteria. The goal of a master landscape plan is to:

1.

Promote consistency among landscape elements within a development thus creating visual harmony between the landscape, buildings, and other components of the property;

2.

Enhance the compatibility of the landscape elements with the architectural and site design features within a development; and

3.

Encourage landscaping that is in character with planned and existing uses thus creating a unique sense of place.

4.

Encourage multi-tenant commercial uses to develop a unique set of landscape regulations in conjunction with development standards.

b.

Application process.

1.

The applicant shall develop a master landscape plan for all landscaping elements in the development based on the landscape design guidelines established in subsection c. and d. of this section.

2.

The administrative official shall forward the applicant's master landscape plan to the planning and zoning commission for review and recommendation. A master landscape plan application will be considered by the city council following a recommendation by the planning and zoning commission. The city council shall make the final determination on the master landscape plan.

3.

After approval of a master landscape plan for a particular development, all landscaping in that development shall meet the standards approved in that specific master landscape plan.

c.

Master landscape plans. Commercial landscaping is an integral part of the urban design fabric of Seabrook. It is absolutely necessary and shall be deemed as a tool that helps promote the health, safety and welfare of the general public. Due to its visual prominence and effect on the overall design character of our city, landscaping as part of master landscape plans must be considered on the broader scale of community rather than on an individual site basis. Landscape is an integral part of the visual urban streetscape and shall be designed to visually complement the surroundings, building on the quality of the traveler's and pedestrian's experience.

Design goals:

1.

To develop organized hierarchies of landscape types without infringing on the capability of creative design.

2.

To establish design criteria that promote the overall visual quality of the streetscape environment for the general public while providing reasonable and improved standards for identification of individual properties.

3.

To improve the overall visual cohesive appearance of the site through landscape guidelines, with strong consideration that the visual streetscape.

4.

To promote a "sense of place" for the City of Seabrook while promoting creative design for individual developments.

5.

To promote landscape as an architectural complement rather than being visually and thematically disconnected.

d.

Application requirements. A master landscape plan application shall be prepared by a landscape architect, landscape contractor, landscape designer, knowledgeable in plants, materials and landscape design. Landscape plans shall contain the following information:

1.

Minimum scale of one inch equals 50 feet;

2.

Location of all trees to be preserved;

3.

Location of all plant and landscaping material to be used including plants, paving, benches, screens, fountains, statues, or other landscape features;

4.

Species of all plant material to be used;

5.

Size of all plant material to be used;

6.

Spacing of plant material where appropriate;

7.

Layout and description of irrigation systems, including placement of water sources;

8.

Description of maintenance provision for the landscape plan;

9.

Person(s) responsible for the preparation of landscape plan.

10.

Ornamental structures including fences, fountains, public art, ground cover, and other landscaping elements that are intended to complement the proposed landscaping design.

11.

Any other information as required by the decision making bodies.

(Ord. No. 2019-05, § 2, 2-5-2019)