Trenton City Zoning Code
ARTICLE 11
Landscape
§ 315-11.1 LANDSCAPE PLAN.
A.
Landscape Plan Required.
A landscape plan is required for any development of a rowhouse development, multi-family development, nonresidential and mixed-use development, or parking lot of 15 or more spaces, and must be approved as part of site plan review.
B.
Content of Landscape Plan.
The following is required within the landscape plan, unless waived as part of site plan review:
1.
The location and dimensions of all existing and proposed structures, property lines, easements, parking lots and drives, rights-of-way, refuse disposal and recycling areas, pedestrian and bicycle paths, fences, mechanical equipment, overhead utility wires, and drainage facilities.
2.
The location, quantity, size, name, and condition, both botanical and common, of all existing plant materials on-site, indicating plant material to be retained and removed.
3.
The location, quantity, size, and name, both botanical and common, of all proposed plant material.
4.
The existing and proposed grading of the site indicating contours at one foot intervals. Proposed berming must also be indicated using one foot contour intervals.
5.
Elevations of all proposed fences, stairs, and retaining walls.
6.
Any other details as determined necessary during review.
C.
Changes to Approved Landscape Plans.
Changes to the landscape plan that do not result in a reduction in the net amount of required plant material may be approved by the Zoning Officer.
§ 315-11.2 ENFORCEMENT OF LANDSCAPE PLAN.
A.
No certificate of occupancy will be issued until all the requirements of this Article and the landscape plan have been fulfilled. Failure to implement the landscape plan, or to maintain the lot in conformance with the landscape plan, may result in the application of fines and penalties, as established in this Ordinance. All landscape is subject to periodic inspection.
B.
If weather prohibits the installation of landscape at the time a final certificate of occupancy is applied for, a temporary certificate of occupancy may be issued for a six month period with provision of a security bond or security for 125% of the estimated amount, including installation.
§ 315-11.3 SELECTION, INSTALLATION, AND MAINTENANCE.
A.
Selection.
1.
All plants must meet minimum quality requirements and be free of defects, of normal health, height, leaf density, and spread as defined by the American Standard for Nursery Stock, ANSI Z60.1, latest available edition, American Horticulture Industry Association (AmericanHort). All plant materials must be capable to withstand the seasonal temperature variations of Central New Jersey, as well as the individual site microclimate and the urban environment. The use of native species is encouraged.
2.
All plants must be planted in accordance with appropriate planting details and notes, to ensure the proper installation, survival, and growth of all plants.
3.
Tree varieties must exhibit desirable characteristics, such as full symmetrical form, deep noninvasive root system and tolerance of potential drought and road salt, should be utilized.
4.
No tree can interfere with utilities, roadways, sidewalks, street or parking lot lighting, sight distances, driveway aprons or fire hydrants.
B.
Installation.
All landscaping must be installed according to sound horticultural practices in a manner designed to encourage quick establishment, healthy growth, and long-term viability.
C.
Species Diversity.
Diversity among required plant material is required for visual interest and to reduce the risk of losing a large population of plants due to disease. Table 11-1: Plant Diversity Requirements indicates the percentage of diversity required based on the total quantity of species being used. (For example, if a development requires 45 shade trees, no more than 18 trees (40%) can be of one species, and there must be a minimum of five different species within the 45 trees.) When the calculation of plant diversity requirements results in a fraction, the fraction is rounded up.
TABLE 11-1: PLANT DIVERSITY REQUIREMENTS | ||
|---|---|---|
Total Number of Plants per Required Plant Type | Maximum Number of One Species | Minimum Number of Species |
1-4 | 100% | 1 |
5-10 | 60% | 2 |
11-15 | 45% | 3 |
16-75 | 40% | 5 |
76-500 | 25% | 8 |
500-1,000 | 30% | 10 |
1,000+ | 15% | 15 |
D.
Maintenance.
1.
Trees and vegetation, irrigation systems, fences, walls, and other landscape elements are considered elements of a development in the same manner as parking, building materials, and other site details. The applicant, developer, landowner, or successors in interest are jointly and severally responsible for the regular maintenance of all landscaping elements in good condition.
2.
All landscaping must be maintained free from disease, pests, weeds, and litter. All landscape structures such as fences and walls must be repaired and replaced periodically to maintain them in a structurally sound and aesthetically pleasing condition.
3.
Any landscape element that dies, or is otherwise removed or seriously damaged, must be removed and replaced within 30 days of the beginning of the growing season.
E.
Stormwater Management Areas.
Stormwater management areas include bioretention systems, constructed stormwater wetlands, detention and infiltration basins, drainage ditches and swales, and wet ponds. Stormwater management areas and plantings must be designed in accordance with New Jersey Stormwater Best Management Practices Manual (BMP). Sensitively designed basins and swales can be visually pleasing and benefit public health, welfare, and safety. The general design concept of these areas should be to deemphasize their function creating aesthetic landscape features.
1.
The perimeter, side slopes, and bottoms of stormwater management areas must be planted with shade trees at the rate of one tree for 1,000 square feet of area, subject to approval of the board engineer. Of this quantity, 10% must be 2 inch caliper trees, 20% must be 1.5 inch caliper trees, and 70% must be 1 inch caliper trees.
2.
Additional shrub and herbaceous plant material should be planted in accordance with the New Jersey Stormwater Best Management Practices Manual, Chapter 7, Landscaping. Special preference should be given to those species of trees and plants which have known pollutant-removal abilities. When other ornamental plants are used, they must be types compatible with the natural environment.
§ 315-11.4 LANDSCAPE DESIGN STANDARDS.
A.
Minimum Planting Sizes.
1.
Shade trees must have a minimum trunk size of 2.5 inches in caliper at planting.
2.
Evergreens trees must have a minimum height of six feet at planting.
3.
Single stem ornamental trees must have a minimum trunk size of two inches in caliper at planting. Multiple stem ornamental trees must have a minimum height of seven feet at planting.
4.
Shrubs must have minimum height of 18 inches.
B.
Energy Conservation.
Plant material placement should be designed to reduce the energy consumption needs of the development.
§ 315-11.5 REQUIRED SITE LANDSCAPE.
B.
Building Foundation Landscape.
1.
Where a structure is setback 15 feet or more from a front or corner side lot line, and no parking and/or loading is located in front of the building line, the setback area, excluding any areas of ingress/egress, must be planted in accordance with this section. This does not apply to single-family, two-family, and rowhouse dwellings.
2.
The landscaped area must be improved as follows:
a.
One shade tree or two ornamental trees must be planted for every 25 linear feet, excluding any areas of ingress/egress.
b.
One shrub must be planted every 3 linear feet, excluding any areas of ingress/egress.
c.
The remaining area outside of shrub and tree masses must be planted with perennials, live groundcover, native grasses, and other plantings. Alternatively, green infrastructure and stormwater management landscape techniques are permitted that meet the standards of the New Jersey Developers Green Infrastructure Guide.
d.
As part of the landscape plan approval, trees and shrubs may be spaced at various intervals based on building and site design, but the total number of trees and shrubs must be no less than that required by this section.
BUILDING FOUNDATION LANDSCAPE  |
§ 315-11.6 REQUIRED PARKING LOT LANDSCAPE ABUTTING A STREET.
Landscape is required along all edges of all parking lots of 15 or more spaces that abut a right-of-way (excluding alleys) or open space, whether the parking lot is a principal use of the site or ancillary to a principal use. The landscape treatment must run the full length of that edge, except for required access points. The landscaped area must be improved as follows:
A.
The landscape area must be a minimum of five feet in width.
B.
There must be a minimum linear distance of 18 inches between a curb and a wheelstop to accommodate vehicle bumper overhang. This area is not included in the minimum landscape area of item A above.
C.
One shrub, which must reach a minimum of three feet in height at maturity, must be planted for every three linear feet of landscape area, spaced linearly. This may be supplemented by an open fence or wall. Any one or combination of the following alternatives to shrub plantings are also permitted:
1.
The landscape area may be planted with a mix of shrubs, perennials, native grasses, and other planting types that provide screening of a minimum of three feet in height.
2.
Green infrastructure and stormwater management landscape techniques are permitted that provide screening of a minimum of three feet in height. Such plantings must meet the standards of the New Jersey Developers Green Infrastructure Guide.
D.
Landscape areas outside of shrub masses must be planted in live groundcover, perennials, grass, or trees.
E.
Fences or walls included in the perimeter landscape treatment must be constructed of high quality, durable materials such as masonry, stone, brick, iron, or any combination thereof.
PARKING LOT LANDSCAPE ABUTTING A STREET  |
§ 315-11.7 REQUIRED PARKING LOT INTERIOR LANDSCAPE.
Interior parking lot landscape is required within all parking lots of 15 or more spaces, whether the parking lot is a principal use of the site or ancillary to a principal use. The landscaped area must be improved as follows:
A.
One parking lot island must be provided between every ten parking spaces. As part of the landscape plan approval, parking lot island locations may be varied based on specific site requirements or design scheme, but the total number of islands must be no less than the amount required of one island for every ten spaces.
B.
The minimum total landscape area of a parking lot, including parking lot islands, must be 10% of the total parking lot area. Parking lot landscape area along a lot line, as required in § 315-11.6, is excluded from the calculation of total parking lot area and total parking lot landscape.
C.
All rows of parking spaces must terminate in a landscape area.
D.
Parking lot islands must be the same dimension as the parking stall. Double rows of parking must provide parking lot islands that are the same dimension as the double row.
E.
A minimum of one shade tree must be provided for every parking lot island or landscape area. Where a parking lot island is the same dimension as a double row of parking, two shade trees are required. The remaining area of a parking lot island must be planted in ornamental trees, live groundcover, native plantings, shrubs, perennials, or grass.
F.
The use of stormwater management elements, such as sunken islands, perforated curbs, rain gardens and bioswales, is encouraged in landscape areas. When a parking lot island is designed for stormwater management, the tree requirement may be exempted as part of landscape plan approval when it is determined that trees may not thrive as part of such design. Stormwater management elements must meet the standards of the New Jersey Developers Green Infrastructure Guide.
G.
Interior parking lot landscape is encouraged to coordinate with the design of parking lot lighting, to avoid conflicts between lighting and plant material that may result in the need for pruning or topping of required plant material.
PARKING LOT INTERIOR LANDSCAPE  |
§ 315-11.8 BUFFER YARD REQUIREMENTS.
Buffer yards are located within rear and interior side setbacks, and must be reserved for planting material and screening as required by this section. No parking spaces or accessory structures are permitted within the required buffer yard.
A.
Interior Side Setback Buffer Yards.
1.
Interior side setback buffer yards are required in the following situations:
a.
Where a multi-family dwelling abuts a single-family, two-family, or rowhouse dwelling. The interior side setback must be increased to a minimum of seven feet if the district minimum is less than the buffer yard requirement.
b.
Where a nonresidential use is located within a residential district. This does not include parks. The interior side setback must be increased to a minimum of seven feet if the district minimum is less than the buffer yard requirement.
c.
Where a nonresidential district abuts a residential district. This does not include the OS-R District. The interior side setback must be increased to a minimum of seven feet if the district minimum is less than the buffer yard requirement.
2.
The minimum size and improvement of interior side setback buffer yards is as follows:
a.
The buffer yard must be a minimum of seven feet in width.
b.
A solid fence or wall a minimum of five feet and a maximum of seven feet in height must be erected along 100% of the interior side lot line.
c.
One evergreen shrub, which must reach a minimum of three feet in height at maturity, must be planted for every three linear feet of landscape area, spaced linearly. As part of the landscape plan approval, shrubs may be spaced at various intervals based on specific site requirements, but the total number of shrubs planted must be no less than one per three linear feet of buffer yard length.
d.
The remainder of the buffer yard must be planted in live groundcover, perennials, native landscaping, or trees.
INTERIOR SIDE SETBACK BUFFER YARDS  |
B.
Rear Setback Buffer Yards.
1.
Rear setback buffer yards are required in the following situations:
2.
Lots with more than 90 feet of lot depth are required to provide a landscaped rear setback buffer yard as follows:
a.
A buffer yard must be a minimum of seven feet in width.
b.
One tree is required for every 25 linear feet of buffer yard length. As part of the landscape plan approval, trees may be spaced at various intervals based on specific site requirements, but the total number of trees planted must be no less than one per 25 linear feet of buffer yard length. A minimum of 30% of required trees must be evergreen; the remainder may be shade or evergreen.
c.
A solid fence or wall a minimum of five feet and a maximum of seven feet in height must be erected along 100% of the yard length.
d.
One evergreen shrub, which must reach a minimum of three feet in height at maturity, must be planted for every three linear feet of landscape area, spaced linearly. As part of the landscape plan approval, shrubs may be spaced at various intervals based on specific site requirements, but the total number of shrubs planted must be no less than one per three linear feet of buffer yard length.
e.
The remainder of the buffer yard must be planted in live groundcover, perennials, grass, or native landscaping.
3.
For lots with 90 feet or less of lot depth, the rear buffer yard may be reduced to a solid fence or wall a minimum of five feet and a maximum of seven feet in height, erected along 100% of the rear setback buffer yard length and located at the rear lot line. Plantings are encouraged to soften the effect of the fence or wall but are not required.
REAR SETBACK BUFFER YARDS  |
§ 315-11.9 CURB LAWN AND ON-SITE TREES.
In order to preserve, restore, and enhance the urban tree canopy, trees are required to be planted both on-site and/or in the curb lawn of rights-of-way as per Table 11-2: Required Tree Planting.
A.
Applicability
1.
The curb lawn and on-site tree requirements of Table 11-2 are applicable to all new construction.
2.
Tree planting will be approved as part of site plan review as part of the required landscape plan. However, where site plan review is not required, the zoning permit or building permit application must indicate where the required trees will be planted.
3.
The requirement for trees within the curb lawn may be exempted as part of site plan review or through permit approval by the Zoning Officer, as applicable, if one or more of the following criteria is met:
a.
The tree would be planted too close to existing structures, such that it would either damage or has the clear potential to damage the structures.
b.
The roots of the tree would cause irreparable damage to paved areas or sewer and plumbing lines.
c.
The area of the curb lawn and sidewalk is too narrow or has other topographic issues that cannot accommodate a tree without creating hazards or difficulties for pedestrians and/or access to the lots.
4.
Existing trees on-site and/or in the curb lawn are counted toward the applicable required trees of Table 11-2.
B.
Trees in the Curb Lawn.
1.
Trees in the curb lawn must be shade trees. Shade trees must be of the appropriate species for planting in the curb lawn so that they will not cause damage to the right-of-way elements (sidewalk, street, etc.) or interfere with any infrastructure or utilities.
2.
Trees in the curb lawn must be planted by the developer. Once planted, the trees will be maintained by the City.
3.
Nothing prohibits the planting of other live plant materials within the curb lawn. Other plantings cannot violate any sight visibility requirements. Such plantings must be maintained by property owner.
C.
On-Site Trees.
1.
On-site trees may be shade trees or evergreens.
2.
On-site trees must be planted by the developer. Once the individual lots are sold, the trees are the responsibility of the property owner.
3.
Trees required to be planted as part of the landscape requirements of this Article are counted toward the required on-site trees of Table 11-2.
TABLE 11-2: REQUIRED TREE PLANTING | ||
|---|---|---|
District | On-Site Trees | Shade Trees in Curb Lawn per Linear Feet of Lot Abutting the Curb Lawn |
Residential Districts | Single-Family (Detached and Attached) and Two-Family - Lots of 6,000 sqft or more in area: 1 tree Rowhouse - None Multi-Family - 2 trees Nonresidential Use: Sites of 2 acres or more - 2 per acre | 1 per 40' linear feet |
C-MS | None | 1 per 40' linear feet |
C-CC | None | 1 per 40' linear feet |
C-MX | Sites of 2 acres or more - 2 per acre up to a maximum required total of 10 trees | 1 per 40' linear feet |
MU-T | Sites of 2 acres or more - 2 per acre up to a maximum required total of 10 trees | 1 per 40' linear feet |
DT | None | 1 per 40' linear feet |
I-L | Sites of 1 acre or more: 2 per acre up to a maximum required total of 10 trees | 1 per 40' linear feet |
I-G | Sites of 1 acre or more: 2 per acre up to a maximum required total of 10 trees | 1 per 40' linear feet |
I-MU | Sites of 1 acre or more: 2 per acre up to a maximum required total of 10 trees | 1 per 40' linear feet |
TOD | None | 1 per 40' linear feet |
INST | Sites of 1 acre or more: 2 per acre up to a maximum required total of 10 trees | 1 per 40' linear feet |
OS-R | None | 1 per 40' linear feet |
§ 315-11.10 TREE CONSERVATION.
A.
Intent.
Existing mature trees should be preserved to the maximum extent feasible to act as buffers between adjoining developments and as site amenities in common areas and open spaces. Where preservation is not feasible, trees that are removed should be replaced on-site with a comparable native tree that will reach the same size at maturity.
B.
Applicability.
These standards apply to all multi-family developments, and nonresidential and mixed-use developments and will be reviewed as part of site plan review. Trees that are dead or dying, or species deemed to be undesirable by the City, or found to be a threat to public safety are exempt from these provisions.
C.
Site Plan Review: Tree Survey or Plan Requirement.
As part of site plan review, a tree survey depicting the species, size, location, and condition of any existing mature trees on the site by a land surveyor or registered arborist is required, including a preservation and replacement plan to demonstrate compliance with these standards. An applicant may use an aerial survey to estimate canopy coverage of the site, including the use of randomly selected sample plots within the survey area, to determine typical canopy coverage. The aerial survey may include species for the area covered by the aerial survey.
D.
Landscape Credit.
Existing mature trees preserved on a site that are of good health are credited towards fulfillment of the landscape requirements of this Ordinance with the exception of required parking lot islands. Every significant tree that is preserved within a required landscape area is credited as two required trees. A tree may only be credited once.
E.
Permitted Tree Removal.
Any person wishing to remove a mature tree must indicate such intent on the site plan review per item C above and such tree is required be replaced in accordance with this section. As part of the landscape plan submittal, a certified arborist must certify the reasons for the removal of the tree. The Zoning Officer has the authority to grant permission to remove a mature tree. In order to receive permission to remove a mature tree, the Zoning Officer may consider the following factors among others:
1.
The tree poses a hazard. In order to verify that a hazard exists, the Zoning Officer may require a tree hazard assessment to be performed by a qualified arborist.
2.
The tree is planted too close to an existing structure, such that it is either damaging or has the clear potential to damage the structure.
3.
The roots of the tree are causing irreparable damage to paved areas, including sidewalks, or sewer and plumbing lines.
4.
The tree has an incurable disease or pest infestation that cannot be eliminated. The Zoning Officer may require this condition to be verified by a qualified arborist.
5.
The tree has been damaged to the point that it cannot recover and grow properly, or it will grow in a misshapen or unsightly manner.
6.
The Zoning Officer determines that the removal of the tree is necessary to carry out construction in compliance with approved plans.
F.
Tree Replacement or Mitigation.
1.
If a mature tree is removed according to an approved landscape plan in accordance with this section, or is removed or damaged during clearing, grading, or construction, the applicant must replace the removed or damaged trees. Replacement trees must be a comparable native tree that will reach the same size at maturity. The tree may be replaced in the same location as the removed tree, or within the required landscape areas as approved as part of site plan review.
2.
The Zoning Officer may allow trees to be replaced with other types of landscape if one or more of the following conditions are met:
G.
Construction Protection.
The following standards must be followed during construction to protect mature trees:
1.
Within the drip line of any protected tree, there may be no cut or fill over a four inch depth unless a qualified arborist or forester has evaluated and approved the disturbance.
2.
Prior to and during construction, temporary barriers must be erected around all protected trees a minimum of four feet in height, and at the drip line. There may be no storage or movement of equipment, material, debris, or fill within the fenced, tree-protection zone.
3.
During construction, the applicant must prevent the cleaning of equipment or material or the storage and disposal of waste material, such as paints, oils, solvents, asphalt, concrete, motor oil, or any other material, potentially harmful to the tree within the drip line of any protected tree. Nothing within this section is interpreted as an authorization to ignore or violate applicable federal or state hazardous waste laws.
4.
No damaging attachment, wires, signs, or permits may be fastened to any protected tree.
H.
Clear-Cutting Prohibited.
Clear-cutting, which is the felling and removal of all trees from a given tract of land, is prohibited unless specifically permitted as part of site plan approval.
I.
Protecting Trees on Public Property.
Trees located on public property, including the curb lawn, may not be cut, damaged, or removed without first obtaining permission from the Zoning Officer, and must be protected during construction in accordance with the standards set forth in this section.