A landscaping plan is required for all major development projects. Such plan shall be submitted in conjunction with an application for site plan approval as outlined in Section 14.3. The plan shall clearly show what existing trees, shrubbery, and other vegetation will be retained, and what trees, shrubbery, and other vegetation will be added to complete the landscaping of the property. The developers shall attempt to retain as many trees as possible on the property unless the trees are a safety hazard to pedestrians, property, or vehicular traffic, or that their removal is necessary to construct the proposed improvements. In such case, the landscape plan shall indicate replacement trees at least 6 feet tall and 1 inch in diameter for each indigenous tree of at least 3 inches in diameter removed, unless the property already has a tree density which does not allow adequate space or light for additional trees.

The landscape plan shall show the locations of the proper number of replacement trees. Replacement trees and other vegetation to be installed shall be native species or noninvasive exotics which are not likely to out-compete native vegetation and do not require excessive pesticides, fertilizer, or water to maintain growth.

(Res. No. 2013-14, 12-2-2013)

Landscaping is required as follows:

a.

A major project which abuts a freeway/expressway, arterial or collector shall maintain a minimum of 10 feet of the required setback as a buffer along the entire width of the property which abuts said freeway/expressway, arterial or collector except where curb cuts provide ingress and egress. Said buffer shall be planted with trees, shrubs and grass or other ground cover so that an attractive appearance is presented as detailed in the required landscape plan.

b.

A minimum of 5 feet side and rear landscaping may be required in the landscape plan depending on the topography and arrangement of parking facilities. If required, such areas shall be planted with a combination of trees, shrubs and grass or other ground cover adequate to break the expanse of contiguous parking areas and to present an attractive appearance as determined by the zoning administrator. Adjacent property owners may jointly agree on the establishment of a common landscaped area between their properties that meets the requirement of this section; provided that such agreement and the planting and maintenance of the common area shall be binding upon both parties and their successors, interests and assigns.

c.

All new businesses primarily related to car, truck or other vehicle service and repair shall be so designed and constructed that no service or repair bays shall be directly visible from the roadway on which the building fronts; and so that cars, trucks or other vehicles stored on the premises prior to and after the service or repair are properly screened from view.

d.

Junk yards shall be buffered with vegetation so as to achieve a complete visual screen of the yard and its ancillary operations.

(Res. No. 2013-14, 12-2-2013)

The objective of providing buffers and landscaped areas for screening between dissimilar districts and land uses is to protect and preserve the appearance, character, and value of adjacent land uses.

10.3.1 Definitions

a.

Buffer: A barrier which is created by the use of evergreen trees or other acceptable plant or vegetative material alone or in combination with berms, fencing, or walls used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or dissimilar uses.

b.

Natural/Undisturbed Buffer: An existing natural barrier which contains a stand of evergreen trees or other acceptable vegetative material with a density or intensity which meets the intent of the definition of buffer.

c.

Planted/Landscaped buffer: A planted natural barrier which contains a stand of evergreen trees or other acceptable vegetative material with a density or intensity which meets the intent of the definition of buffer.

10.3.2 Buffer Requirements

The buffer area may be included within the required setbacks; however, in such case that the required buffer is greater than the required setback, the required buffer shall be adhered to. Buffers are required to be installed on properties adjacent to dissimilar districts in accordance with the specifications in Section 10.3.3.

10.3.3 Standards

Buffers are subject to review and approval by the Union Springs planning commission. The landscaping policies and standards listed in this section are the minimum policies and standards for buffers. The following are required standards for buffers and shall be used by the planning commission in reviewing development applications.

a.

Buffers shall be designated on the site plan as a permanent buffer strip.

b.

Buffers shall be natural/undisturbed areas of existing mature trees which meet the intent of the definition of buffer. Where substantially devoid of existing trees, or where it is necessary to disturb the existing natural/undisturbed area, a planted/landscaped buffer shall be established in accordance with this section.

c.

Buffers shall be of such nature and density at species maturity to screen activities and uses on the lot from view from the normal level of a first story window on an abutting lot. Buffers shall not be closer than 15 feet to the street right-of-way unless approved by the city engineer.

d.

Buffers shall provide year-round visual screening from the ground to a height of at least 6 feet.

e.

Buffers that utilize trees and/or other vegetation shall be installed not only to provide visual screening but to allow for proper plant growth and maintenance.

f.

Buffer design shall be integrated with the overall design concept for the project.

g.

Existing tree cover and natural vegetation shall be undisturbed except for the addition of supplemental plantings or other approved screening devices, or for the provision of required access or utility crossings as approved by the city engineer. Where a buffer is substantially devoid of trees or shrubbery, grading may be allowed within the buffer area prior to replanting or the provision of other screening devices as required.

h.

Said buffer areas may not be used for any parking or for the erection of any permanent structure thereon except a fence.

i.

No artificial plants, trees, or other artificial vegetation shall be installed.

j.

All existing, healthy deciduous and hardwood trees with a caliper of 5 or more inches at a point 4 ½ feet above the natural grade shall be retained, whenever feasible; if not feasible the tree shall be replaced with the same or similar type of tree in accordance with the intent of paragraph (1) below.

(1)

All planted trees shall be native to this region and, when planted, such replacement tree shall be a minimum height of 6 feet and be a species which will reach at least 20 feet in height at maturity or shall be a flowering tree with a minimum height of 6 feet at time of planting. All plantings shall be in staggered rows, with vegetation spaced a minimum of 10 feet apart (measured trunk to truck) with a minimum of two staggered rows of plantings for every ten feet of buffer width.

10.3.4 Maintenance of Buffer Areas

a.

All buffers shall be installed in a sound workmanship-like manner and according to accepted and proper planting procedures which meet the intent of the buffer requirements.

b.

Once installed, the owner shall be responsible for maintenance of all buffers, which shall be maintained in good condition so as to present a healthy, neat, and orderly appearance which meets the intent of the buffer requirements.

c.

Should the vegetation die or be removed such that the buffer no longer functions as required, that vegetation must be replaced by the owner.

d.

The owner shall have 30 days to replace missing or damaged trees, or restore buffer areas to meet the intent of the buffer requirements.

10.3.5 Required Stream Protection Buffer

In order to protect natural water ways within all zoning districts and enhance water quality within the City of Union Springs, the following buffer areas will be required on all development construction drawings.

a.

Water way and streams are defined as follows:

(1)

Any water course of 20 acres and larger.

(2)

Any water course as defined by the Alabama Department of Environmental management within the Soil Erosion and Sedimentation Control Ordinance.

b.

Requirements:

(1)

There shall be a 40 foot undisturbed buffer area along all stream banks, water ways, or water courses.

(2)

This buffer shall be measured from the top of the stream bank on each side of the creek. On very small creeks this buffer shall be 80 feet minimum, being 40 feet each side of the creek.

c.

Variance Procedures:

(1)

A variance request to disturb within the buffer areas shall be processed through the Union Springs planning commission.

(2)

No variance shall be granted that is within the jurisdiction of the Alabama Department of Environmental Management, unless authorized by that agency. These buffer areas are 25 feet on streams and 100 feet on trout streams.

(3)

No variance shall be granted that is under the jurisdiction of the Army Corps of Engineer, unless authorized by that agency, for disturbance of more than one third acre of wetlands.

10.3.6 Variance From Buffers

Buffer requirements of this section, as stated herein may be waived, if and only if:

a.

It is clearly demonstrated that existing topography and/or vegetation achieve the purpose and intent of this section.

b.

It is clearly demonstrated that for topographic reasons, a fence, wall, and/or other screening device required herein could not possibly screen activities conducted on ground level from view from the normal level of a first story window on any lot in a residential district abutting the use.

(Res. No. 2013-14, 12-2-2013)

During construction and development, trees that are to be preserved shall be protected from activities that may injure or kill them. To the extent possible, trees within the required setbacks or buffer strips shall be preserved.

(Res. No. 2013-14, 12-2-2013)

The design and appearance of parking areas is intended to be compatible with the rural character of the city. A landscaping plan shall be submitted for the construction of the off-street parking areas accommodating six or more parking spaces. The following standards shall apply:

a.

A landscaped area of at least 5 feet wide shall be provided between parking areas and any adjacent public streets and contiguous properties. Landscaping shall include the placement of shade trees at intervals of approximately six parking spaces. Such trees shall be a minimum height of 6 feet at planting.

b.

Interior portions of the parking area shall be broken by provision of landscaped islands (a minimum of six (6) feet wide) between every ten (10) to fifteen (15) spaces. Each island shall provide at least one shade tree having a minimum height of 6 feet at planting.

c.

A continuous landscape strip a minimum of 5 feet wide shall be provided between every four rows of parking. Landscaping shall include the placement of shade trees at intervals of approximately six parking spaces. Such trees shall be a minimum height of 6 feet at planting.

d.

Landscaped areas shall be protected from vehicular encroachment by the use of curbing or wheel stops.

e.

The owner, tenant and/or agent, if any, shall be jointly and severally responsible for watering and maintaining all landscaping in a healthy, neat, and orderly condition, replacing it when necessary, and keeping it free of refuse and debris.

(Res. No. 2013-14, 12-2-2013)