[Amended 8-20-2002 by Ord. No. 1698(12)]
In order to provide adequate vision clearance,
no obstructions (such as structures, signs, uses, parking, or vegetation)
shall be permitted in the required triangular vision clearance space
as follows:
A.
In the I-1, M-1, M-2, M-3, M-4, P-1, Q-1, Rm-1, Rm-2,
Rm-3 and Rm-4 Zoning Districts only, within the triangular vision
clearance space located between the heights of 2.5 feet and 10 feet
above the plane through the mean edge of pavement grades and formed
by:
(1)
Any two existing or proposed intersecting public street
or public alley right-of-way lines and a line joining the two points
on such lines located a minimum of 30 feet from their intersection
or as determined by using the standards set forth under the latest
edition of the sight distance portion of Chapter IX of the American
Association of State Highway and Transportation Officials (AASHTO)
publication titled "A Policy on Geometric Design of Highways and Streets,"
whichever is greater, as determined by the review of the City Engineer.
(2)
Any existing or proposed intersection of a private
drive with either a public street right-of-way line or public alley
right-of-way line and a line joining the two points on such lines
located a minimum of 30 feet from their intersection or as determined
by using the standards set forth under the latest edition of the sight
distance portion of Chapter IX of the American Association of State
Highway and Transportation Officials (AASHTO) publication titled "A
Policy on Geometric Design of Highways and Streets," whichever is
greater, as determined by the review of the City Engineer.
B.
In the B-1 and B-3 Zoning Districts only, within the
triangular vision clearance space located between the heights of 2.5
feet and 10 feet above the plane through the mean edge of pavement
grades and formed by any existing or proposed private drives and/or
arterial and/or collector streets intersecting with other arterial
and/or collector streets, the corner cutoff distances establishing
the triangular vision clearance space shall be increased to 60 feet
from the intersecting private drive and/or arterial and/or collector
street right-of-way lines and a line joining the two points on such
lines or as determined by using the standards set forth under the
latest edition of the sight distance portion of Chapter IX of the
American Association of State Highway and Transportation Officials
(AASHTO) publication titled "A Policy on Geometric Design of Highways
and Streets," whichever is greater, as determined by the review of
the City Engineer.
[Amended 11-9-2006 by Ord. No. 1812(16)]
On every lot on which a business, trade, or
industrial use is hereafter established, space with access to a public
street or alley shall be provided as indicated below for the loading
and unloading of vehicles off the public right-of-way:
A.
Businesses: one space of at least 10 feet by 25 feet
for each 3,000 square feet of retail floor area or part thereof.
B.
Wholesale and industrial: one space of at least 10
feet by 50 feet for each 10,000 square feet of floor area or part
thereof.
C.
Bus and truck terminals: sufficient space to accommodate
the maximum number of buses or trucks to be stored or to be loaded
or unloaded at the terminal at any one time.
[Amended 10-1-1991 by Ord. No. 1352(22); 2-4-1992 by Ord. No. 1373(42); 10-3-1995 by Ord. No. 1510(7); 11-18-2003 by Ord. No. 1740(20); 7-18-2023 by Ord. No. 2097(3)]
In all districts, except the B-2 Central Business District and
the I-1 Institutional District, and in connection with every use there
shall be provided, at the time any use or building is erected, enlarged,
extended, structurally altered, or increased, off-street parking stalls
for all vehicles in accordance with the following:
A.
B.
Minimum parking space size. The size of each parking space shall
be not less than 162 square feet nor less than nine feet in width,
exclusive of the space required for ingress and egress.
C.
Location of off-street parking area. Any building hereafter erected
or expanded where the total floor area is increased more than 10%
shall be provided with the required off-street parking spaces within
the property line limits of the property being served or within the
limits of a common parking lot serving one or more buildings.
D.
Minimum required parking lot setbacks, landscaping, and plans.
(1)
Minimum required setback for off-street parking areas abutting a
public street right-of-way line. No off-street parking area shall
be closer than eight feet to a public street right-of-way line. The
area between the parking lot and the adjacent street right-of-way
shall consist of landscaping meeting the requirements of this chapter.
(2)
Minimum required setbacks for off-street parking areas. Except in cases where greater restrictions apply, as set forth in Subsection D(3) below, no off-street parking area or associated driveway serving more than five vehicles shall be closer than eight feet to a side or rear lot line of an abutting lot or parcel. The area between the parking lot and the lot or parcel line shall consist of landscaping meeting the requirements of this chapter.
(3)
Minimum required setbacks for off-street parking areas abutting residential
districts. No off-street parking area or associated driveway serving
more than five vehicles shall be closer than 10 feet to a side or
rear lot line of an abutting residential district. The area between
the parking lot and the lot or parcel line shall be screened from
such district by a solid wall, solid fence and/or a landscaped area
at least five feet in depth comprised of coniferous plantings and
ground cover of an equivalent solid visual density or other effective
means deemed adequate by the Plan Commission and shall be built and
maintained at a minimum height of six feet.
(4)
Minimum distance of truck parking from any residential zoning district.
No truck parking of Class 7 trucks (26,001 to 33,000 pounds gross
vehicle weight) or greater shall be allowed within 150 feet of any
residential zoning district.
(5)
Minimum required landscaped area and landscaping within off-street
parking lots. All public off- street parking areas which serve 10
vehicles or more and are created, redesigned and/or rebuilt subsequent
to the adoption of this chapter shall be improved with landscaping
to be installed and maintained in accordance with the following provisions:
(a)
Interior landscaping area.
[1]
The following percentage of the interior portion of all off-street
parking areas shall be improved with landscaping:
|
Size of Off-Street Parking Area
(square feet)
|
Percentage Required for Interior Landscaping
|
|---|---|
|
2,999 or less
|
0%
|
|
3,000 to 4,999
|
5%
|
|
5,000 to 29,999
|
8%
|
|
30,000 or greater
|
10%
|
[2]
The required interior landscaping may include i) areas dedicated
to tree planting islands, and ii) those portions of the lot that are
not dedicated to required perimeter landscaping and that are located
no farther than five feet from the off-street parking area.
(b)
Tree planting islands. Tree planting islands shall be installed
and maintained within all rows of 10 or more parking stalls, in accordance
with the following provisions:
[1]
No two tree planting islands shall be separated by more than
10 parking stalls.
[2]
Tree planting islands shall be of a size not less than 162 square
feet, and of a minimum width of nine feet, measured from front of
curb to front of curb.
[3]
One shade tree with a minimum trunk size of three caliper inches
shall be installed in a tree planting island for each 162 square feet
of the tree planting island. The remaining area of tree planting islands
shall consist of grass or other living pervious ground cover.
(c)
One shade tree shall be provided for each 162 square feet of
landscape island. A minimum of 50% of every landscape island shall
be planted with live plant material, such as shrubs, ground cover
or turf grass to a maximum height of 30 inches at maturity. The remaining
area of the landscape island shall be covered with an organic mulch.
The preservation of existing canopy trees in the parking area may
be included in the calculation of the required minimum landscape area.
(6)
Minimum landscaping requirements to be met. All landscape plant materials
required by this chapter shall meet the following minimum requirements:
(b)
Minimum size standards for required plant materials. All required
new landscape plant material shall be, at the time of installation,
those minimum sizes as set forth in the following table:
|
Plant Material Type
|
Minimum Required Size of Plants
|
|---|---|
|
Canopy trees
| |
|
Single stem
|
3-inch caliper
|
|
Multi-stem clump
|
12 feet tall
|
|
Coniferous trees
|
6 feet tall
|
|
Understory trees
|
1.5-inch caliper
|
|
Shrubs
|
2 feet tall
|
(7)
Location in required setbacks or yards. Plantings required pursuant
to this section shall be permitted in any required setback or yard.
E.
Off-street parking area surfacing.
(1)
All open, off-street parking and loading spaces in all zoning districts
except the A-1, Rs-1, Rs- 2, Rs-3, Rd-1 and Rd-2 Districts shall be
improved with pavement of either asphalt or concrete. Stormwater drainage
facilities shall be as required and approved by the City Engineer.
(4)
The provisions of Article VIII of this chapter shall not permit the continuing lawful nonconforming use of the parcel or portion of a parcel of land not in conformity with the requirements of this Subsection E after the expiration of the four months following notification to correct by the Zoning Administrator.
F.
Concrete curb and gutter required for all off-street parking areas
and associated drives. Concrete curb and gutter meeting City specifications
shall be required for all off-street parking areas serving more than
10 vehicles in all zoning districts except the A-1, Rs-1, Rs-2, Rs-3,
Rd-1 and Rd-2 Districts. This requirement shall also apply to the
expansion of any existing off-street parking lot where the number
of off-street parking spaces is increased by 20 spaces or more.
G.
Permanent marking of off-street parking stalls. All off-street parking
areas serving five or more vehicles shall have all parking stalls
permanently marked by painted lines or other approved material, and
said marking shall be maintained so as to be legible at all times.
H.
Parking spaces for use by persons with disabilities. All open, off-street
parking areas shall provide parking spaces for persons with disabilities
meeting all applicable Americans with Disabilities Act (ADA) Guidelines
for Buildings and Facilities as documented in the Federal Register,
Volume 56, No. 144, July 26, 1991, as amended. Unless conflicting
with the above-specified Americans with Disabilities Act (ADA) Guidelines
for Buildings and Facilities requirements, as amended, the following
standards are applicable:
(1)
Minimum required number of accessible off-street parking spaces for use by persons with disabilities. Table 4 shall apply.[1] The minimum required number of accessible off-street parking
spaces for use by persons with disabilities shall be considered as
a part of the total off-street parking spaces required.
[1]
Editor's Note: Table 4 is included as an attachment to this chapter.
(2)
Minimum dimensions for off-street parking spaces provided for use
by persons with disabilities. The minimum dimensions for all parking
spaces provided for use by persons with disabilities shall be 14 feet
wide by 18 feet long for automobiles and 17 feet wide by 18 feet long
for vans. The minimum access aisles for such spaces shall be 60 inches
for automobile spaces and 96 inches for van spaces.
(3)
Distance to facility entrances for the location of off-street parking
for persons with disabilities. Off-street parking spaces provided
for the use of persons with disabilities shall be located as close
as possible to an entrance which allows such persons to enter and
leave the parking area without assistance.
(4)
Signage of off-street parking spaces serving persons with disabilities.
All parking spaces provided for the use of disabled persons shall
be marked by a sign which includes the international symbol for barrier-free
environments and a statement informing the public that the parking
space is reserved for use by disabled persons. Such signs shall comply
with the requirements of the aforementioned Americans with Disabilities
Act (ADA) Guidelines for Buildings and Facilities, as amended, and
with §§ 346.50, 346.503 and 346.505, Wis. Stats., as
amended.
I.
Minimum number of off-street parking spaces and on-site queuing required
for use types. The minimum number of off-street parking spaces accessory
to designated uses (except for a specific use which has a special
ordinance with requirements for off-street parking, in which event
the special ordinance shall apply, such as for a PUD Planned Unit
Development Overlay District or as a condition of the granting of
a conditional use permit) shall be provided as set forth in Table
5.[2]
[2]
Editor's Note: Table 5 is included as an attachment to this chapter.
J.
Uses not listed in Table 5 and other uses. Parking spaces for permitted
uses not listed in Table 5 shall be provided in accordance with requirements
designated by the Plan Commission upon recommendation of the City
Planner. In the case of conditional uses, parking spaces for conditional
uses not listed in Table 5 shall be provided in accordance with requirements
designated by the Plan Commission upon recommendation of the City
Planner and as may be required by the Common Council. The off-street
parking and/or queuing provisions for a use which is deemed similar
by the Plan Commission to a use not listed in Table 5 may be applied
by the Plan Commission upon recommendation of the City Planner.
K.
Employee parking. Parking spaces required on an employee basis, as
set forth in Table 5, shall be based on the average number of employees
on duty or residing, or both, on the premises at any one time.
L.
Off-street parking requirements for mixed or combined uses located
within the same building or on the same lot or parcel. Combinations
of any of the uses set forth in Table 5 shall provide the total number
of off-street parking stalls and/or queuing space required for each
individual use.
M.
Minimum width of off-street parking rows and aisles. The design of
all off-street parking regulated by this chapter shall be in conformance
with the requirements set forth in the following table:
|
Parking Space Size/Dimensions
|
Stall Width
(B)
|
Stall Length
(C)
|
Aisle Width
(D)
|
|---|---|---|---|
|
Parking Space Angle (A)
|
162 Square feet
| ||
|
0°
|
8
|
22
|
14
|
|
45°
|
9
|
18
|
14
|
|
60°
|
9
|
18
|
16
|
|
90°
|
9
|
18
|
24
|
 |
N.
Recreational vehicles. Recreational vehicles parked on private property
in residentially zoned districts (all R designations) must maintain
a minimum of a five-foot setback from the rear and side lot lines
but are not restricted to a minimum setback to the principal structure.
If parked in the street yard, the recreational vehicle must be parked
on the driveway or on an improved surface such as asphalt or concrete.
(1)
Definition of "recreational vehicle." For the purpose of this section,
"recreational vehicles" shall include boats and trailers, snowmobiles
and their trailers, minibikes or trailbikes and their trailers, and
unoccupied tent campers and travel trailers, all-terrain vehicles
and personal watercraft and their trailers.
(2)
Maximum length. Utility trailers and recreational vehicles parked
on residential parcels less than five acres cannot exceed 32 feet
in length (not including trailer tongue and hitch) and 13 feet in
height. For residential parcels five acres or greater, trailers and
recreational vehicles shall not exceed 37 feet in length (not including
tongue and hitch) and 13 feet in height.
(3)
Occupation of parked vehicles prohibited. No camping trailer or recreational
vehicle shall be used for the purpose of habitation in the City.
O.
Relief from off-street parking and loading requirements. As an alternative
to limitations and requirements of the parking spaces and on-site
queuing requirements of the subsections above, the Plan Commission
may review and allow alternatives upon application submitted to the
Zoning Administrator.
All driveways installed, altered, changed, replaced
or extended after the effective date of this chapter shall meet the
following requirements:
A.
Islands between driveway openings shall be provided
with a minimum of six feet between all driveways and three feet at
all lot lines. The area between the lot line and adjacent driveway
shall be a landscape area.
[Amended 10-1-1991 by Ord. No. 1352(22)]
B.
Openings for vehicular ingress and egress in all zoning
districts, except the manufacturing districts, shall not exceed 30
feet at the street line and 35 feet at the roadway. Openings for vehicular
ingress and egress in the manufacturing districts shall not exceed
30 feet at the street line and, at the roadway, shall not exceed the
width determined by the City Engineer. These requirements may be revised
for a particular use in any zoning district upon recommendation by
the City Engineer and approval by the Plan Commission.
[Amended 7-7-1992 by Ord. No. 1395(6); 11-18-2003 by Ord.
No. 1740(20)]
C.
Vehicular entrances and exits to drive-in theaters,
banks and restaurants; motels; funeral homes; vehicular sales, service,
washing and repair stations; or garages shall be not less than 200
feet from any pedestrian entrance or exit to a school, college, university,
church, hospital, park, playground, library, public emergency shelter,
or other place of public assembly.
A.
No direct private access shall be permitted to the
existing or proposed rights-of-way of expressways, or to any controlled
access arterial street, without permission of the highway agency that
has access control jurisdiction. No direct public or private access
shall be permitted to the existing or proposed rights-of-way of:
(1)
Freeways, interstate highways, and their interchanges
or turning lanes or to intersecting or interchanging streets within
1,500 feet of the most remote end of the taper of the turning lanes.
(2)
Arterial streets intersecting another arterial street
within 100 feet of the intersection of the right-of-way lines.
B.
Access barriers, such as curbing, fencing, ditching,
landscaping, or other topographic barriers, shall be erected to prevent
unauthorized vehicular ingress or egress to the above-specified streets
or highways.
C.
Temporary access to the above rights-of-way may be
granted by the Common Council after review and recommendation by the
highway agencies having jurisdiction. Such access permit shall be
temporary, revocable, and subject to any conditions required and shall
be issued for a period not to exceed 12 months.
[Amended 11-19-1990 by Ord. No. 1322(27); 9-1-1992 by Ord. No. 1399(11); 11-18-2003 by Ord. No. 1740(20); 12-20-2016 by Ord. No. 2010(6)]
A.
The construction of a fence anywhere within the City of Burlington
shall require application for a fence permit from the Building Inspector,
the fee for which shall be in an amount set by the City Council.
B.
Application for a fence permit, when not part of a landscaping plan,
shall be made to the Building Inspector and include: the name and
address of the applicant; the owner of the site and the contractor;
an accurate drawing or plat of survey of the site, inclusive of structures
located thereon; the address of the site; the proposed location of
the fence superimposed on the drawing or plat of survey; the type,
materials, size, height and design of the proposed fence; and any
other information the Zoning Administrator may require.
C.
Fence construction is subject to the following limitations:
(1)
Placement and height.
(a)
Placement on lot. A fence is permitted on or near the property
lines in all districts. No fence shall be closer than three feet from
the street right-of-way in the front yard, except a protective fence
or a fence that is used to screen a parking lot from a residential
district. Such fences must display their most aesthetic side towards
view of the public.
(b)
Height.
[1]
All districts. Except as otherwise provided in this section,
the following height limitations apply in all districts:
[a]
Front yard. A fence that consists of at least 80%
open space shall not exceed four feet in height. A fence that has
less than 80% open space may not exceed three feet in height unless
the fence is used to screen a parking lot from a residential district,
in which case it shall not exceed four feet in height.
[b]
Side and rear yards. A fence may not exceed six
feet in height.
[c]
Lots with more than one street yard. The above
provisions for front yards shall apply in each street yard.
[d]
Historic districts. A fence may not be installed
without an approved certificate of appropriateness by the Historic
Preservation Commission.
[2]
Decorative fences.
[a]
Decorative fences may be placed in the street yard but shall in no instance be placed within the public right-of-way, provided that they shall not exceed a height of three feet. Decorative fences on corner lots shall comply with the traffic visibility requirements set forth in § 315-46 of this chapter.
[3]
Measuring height.
[a]
The installed height of a fence shall be measured
from the ground to the top of a fence section, and the average height
between two posts shall not exceed the limitations in this section.
[b]
A post, post cap or ornamental feature of a fence
may exceed the height limitations of this section, but shall not be
disproportionate to the fence. If the height of a post, post cap or
ornamental feature will exceed the maximum height by more than six
inches, the Building Inspector may require the owner to apply to the
Plan Commission for approval.
(c)
Refuse containers. Refuse containers may be screened with a
fence not meeting the requirements of this section upon approval by
the Zoning Administrator.
(2)
Limitations and prohibitions.
(a)
No fence or portion of a fence shall be placed within the vision clearance triangle, as set forth in § 315-46.
(b)
No fence may be constructed as a fence which conducts electricity,
or is designed to electrically shock or which uses barbed wire, or
which contains a component designed to cause harm to a person, except
as provided below.
(c)
Underground "invisible" pet fences shall be allowed without
a permit, but must be installed at least three feet from all property
lines. Barbed wire may be used at the top of a fence in an industrial
district if the barbed wire and the devices securing the barbed wire
are at least 10 feet above the ground and project inward toward the
fenced property and away from public or adjoining property.
(d)
No fence shall be constructed of unsightly or dangerous materials.
The finished or decorative side of a fence shall face adjoining property.
(3)
Temporary fences. Fences erected for the protection of planting or
to warn of construction hazard or similar purpose shall be allowed
without a permit, but shall be clearly visible or marked with warning
devices at four-foot intervals. Such fences shall meet the placement
and height requirements of this section unless such placement and
height defeats the purpose of the fence. Temporary fences, other than
snow fences, shall not be in place for more than 45 days.
(4)
Nonconforming fences. Any fence existing on the effective date of
this section and not conforming to these requirements may be maintained,
but any alteration, modification or improvement of more than 50% of
said fence shall result in the entire fence being brought into compliance
with this section.
(5)
Determination of location. The property owner erecting the fence
is solely responsible for ensuring that the fence is located on his
or her own property.
(6)
Fence repair. All fences shall be maintained and kept safe and in
a state of good repair.
D.
All fence materials shall be approved by the Building Inspector,
who shall issue a fence permit upon application therefor for fences
meeting the requirements of this section. If the Zoning Administrator
denies a permit hereunder, the applicant may appeal the decision to
the Zoning Board of Appeals, which may uphold, modify or overturn
the Building Inspector's decision.
[Added 10-3-1995 by Ord. No. 1509(8)]
A.
Applicability.
(1)
Landscaping required. Landscaping is required in bufferyards,
in off-street parking areas, and in building foundation planting areas
(foundation planting areas are those areas located within ten feet
of principal and accessory structures). The area and/or length of
each, as required herein, must be measured in order to determine the
minimum amount of landscaping required.
(2)
Exemptions and modifications. All developments shall
meet the provisions of this section except as specifically exempted
below:
(a)
Residential development on existing lots of
record in the Rs-1, Rs-2, Rs-3, Rd-1, Rd-2 and A-1 Districts. Residential
development on existing lots of record in the Rs-1, Rs-2, Rs-3, Rd-1,
Rd-2 and A-1 Districts as of the date of the adoption of this chapter.
(b)
Additions to existing buildings where the total
floor area is not increased more than 10%. Additions to existing buildings
where the total floor area is not increased more than 10% of the existing
total floor area.
(c)
Additions to buildings which increase overall building area from 10% to 50%. Additions to buildings which increase their overall building area from 10% to 50% shall conform to the landscaping standards specified in this section to the maximum extent achievable. All off-street parking areas and bufferyards shall conform to the applicable landscaping requirements of this section and § 315-48. If insufficient dimensions exist on site, in order to achieve a sufficient level of landscaping, the standards set forth in this section may be reduced by up to 30% by the Plan Commission.
(d)
Floodplain, floodway, floodlands, and wetland
areas. Areas located within floodplains, floodways, floodlands, and
wetlands are exempt from the landscaping requirements set forth in
this section.
B.
Bufferyards to ameliorate nuisances between certain
adjacent zoning districts. A bufferyard is a combination of a setback
and a visual buffer or barrier and is a yard or area together with
the planting and/or landscape structure required thereon. The amount
of land, the type of planting, and the amount of planting specified
for each bufferyard requirement of this chapter are designed to ameliorate
nuisances between certain adjacent zoning districts.
C.
Bufferyards required to separate different zoning
districts. Bufferyards shall be required to separate different zoning
districts from each other. Bufferyards function to eliminate or minimize
potential nuisances, such as dirt, litter, noise, glare of lights,
signs, and unsightly buildings or parking areas, or to provide spacing
to reduce adverse impacts of noise, odor, or danger from fires or
explosions.
D.
Standard plant units. All landscaping requirements of this section are stated in terms of the number of standard plant units required. This section defines the standard plant unit and its alternatives. All required landscaping shall conform to one or more of the plant unit alternatives of this section. Table 6 specifies the plant unit alternatives.[1] The five alternative plant mixes are interchangeable.
Where a year-round screen is required, Alternative Unit A is preferred
and may be required by the Plan Commission.
[1]
Editor's Note: Table 6 is included at the end of this chapter.
E.
Credit for existing plant materials. Credit for existing
plant material will be allowed to offset required plant unit landscaping
in the bufferyards and parking lots as follows:
(1)
Bufferyards. Existing canopy trees six feet in height
or more shall be counted on an individual basis towards the planting
requirements; all other components of a plant unit are required, including
all understory trees, evergreen trees, and shrubs.
(2)
Parking lots. Any existing canopy trees six feet in
height or more and located within parking lot areas shall be subtracted
from the required amount of parking lot landscaping on a tree-by-tree
basis.
F.
General landscaping requirements.
(1)
Physical containment of landscaped areas. All landscaped
areas located within or adjacent to a parking area, or adjacent to
a public street or sidewalk, shall be designed to contain landscape
materials and to prevent vehicular encroachment (i.e., through the
use of continuous concrete curbing, railroad ties, headers, or depressed
construction).
(2)
Artificial landscape materials. Artificial trees,
shrubs, turf, or plants shall not be permitted as landscaping.
(3)
Ground cover. The use of landscape fabrics under all
areas landscaped with nonliving materials, except those areas set
aside for stormwater retention/detention, is recommended to prevent
weed growth.
(4)
Location. New vegetation shall be selected, planted,
and maintained so that at maturity it will not interfere with utility
lines, snow storage areas, vehicular parking, pedestrian circulation,
and traffic sight visibility at driveways and street intersections
and will not cause damage or upheaval of sidewalks and pavement.
(5)
Installation.
(a)
Timing of installation. Landscaping shall be
installed in accordance with the approved landscape plan prior to
issuance of an occupancy permit. The City of Burlington will have
the right to refuse approval of any project not meeting the provisions
of this section.
(b)
Financial surety required. If approved landscaping
cannot be installed prior to the issuance of an occupancy permit,
an occupancy permit may be issued by the City of Burlington if the
applicant provides a form of surety acceptable to the City Attorney
which meets the total estimated costs of the approved landscaping
improvements. The application shall be accompanied by a complete estimate
of the total cost of the approved landscaping. All landscape materials
shall be guaranteed by the applicant, or the applicant's contractor,
for two years.
(c)
Return of financial surety. When it is determined
by the Zoning Administrator that the landscaping has been installed
in accordance with the approved plans, the City of Burlington shall
return the financial surety to the applicant.
G.
Maintenance.
(1)
Responsibility for maintenance.
(a)
Maintenance of all landscaping shall be the
responsibility of the property owner or homeowners' association (as
applicable) and shall consist of regular watering, pruning, mowing,
fertilizing, and the removal and replacement of irrigation systems
and architectural features.
(b)
The owner or liable entity in control of any
private premises shall at all times maintain the premises free of
litter and weeds.
(2)
Landscape phasing. Future building pads within a phased
development shall be maintained in a dust-free condition vegetated
with ground cover.
(3)
Plant replacement. Any plant materials included in
an approved landscaping plan that do not survive a plant establishment
period of two years after installation shall be replaced with plant
material(s) of the same or like species of equal size within the next
planting season, but in any event within six months of the plant's
demise. Said replacement shall be made by the property owner, or,
in the case of landscape plant materials located within a landscape
easement under the control of a homeowners' association, the homeowners'
association shall be responsible for said replacement.
H.
General bufferyard requirements.
(1)
Basis of standards. Bufferyard standards are based on a required relative bufferyard intensity value. A variety of combinations of bufferyard width, planting intensity, and structural options (i.e., fences and earthen berms) may be selected from Table 6 to reach the required bufferyard intensity value.[2]
[2]
Editor's Note: Table 6 is included at the end of this chapter.
(2)
Location of bufferyards. Bufferyards shall be located
along the outer perimeter of a lot or parcel and shall extend to the
lot or parcel boundary line. Bufferyards shall not be located on any
portion of an existing or dedicated public or private street or right-of-way.
(3)
Bufferyard plant material groupings. Required bufferyard
plantings may be planted in natural-appearing groupings along the
total length of the bufferyard and need not be spaced uniformly along
said total bufferyard length.
(4)
Plant materials.
(a)
For each bufferyard listed, a specific combination of deciduous canopy, shade, and understory trees; evergreen trees; and shrubs is required as indicated in Table 6.
(b)
All bufferyard areas shall be seeded with lawn
or native ground cover unless such vegetation is already fully established.
(c)
The exact placement of required plants and structures
shall be the decision of the property developer.
(5)
Fences. Fences used to achieve the required bufferyard
intensity factor shall be constructed of rock, masonry, or wood. Chain
link fences and chain link with slats shall be prohibited from being
used to achieve required bufferyard intensity factors. All fences
used shall also meet the requirements for the construction of fences
of this chapter.[3]
(6)
Height of required vegetation. Height of vegetation
selected for required bufferyards shall be measured from the highest
finished adjacent grade of the element to be screened.
(7)
Berming. Earthen berms shall be designed to transition
to existing surrounding grades, not to exceed a slope ratio of 2:1,
and shall be covered with plant material or ground cover or partially
rip-rapped to prevent erosion. Berms with vegetative cover shall be
designed to retain irrigation water rather than encourage runoff.
All earthen berms shall be safely designed in order to accommodate
mowing when needed.
(8)
Calculation of bufferyard requirements.
(a)
Bufferyard requirements are calculated using
the standards listed in this section for bufferyards.
(b)
Bufferyard standards listed in this section
are to be calculated for every 100 linear feet of peripheral lot line
boundary and/or street frontage present on a given lot.
(c)
In instances where the zoning district boundary and/or street frontage is less than 100 feet, the required bufferyard planting shall be one plant unit (see Table 6).
(d)
Procedures for determining minimum required
bufferyards. To determine the type of bufferyard required on a parcel,
between two parcels or lots, or between a parcel or lot and a street,
the following procedures shall be used:
[1]
Identify whether any portion or property line
of the parcel or lot coincides with a zoning district boundary. If
it does, determine the abutting zoning districts on both sides of
the property line.
[2]
Refer to Table 7 to determine the required bufferyard intensity factor needed to be achieved between the two zoning districts.[4]
[4]
Editor's Note: Table 7 is included at the end of this chapter.
[3]
Based upon the bufferyard intensity factor required,
refer to the applicable Tables 8 to 12[5] to select the minimum number of plant materials (per 100
feet of bufferyard length), the bufferyard width, and required structure
type combination by selecting the desired alternative bufferyard type.
[5]
Editor's Note: Tables 8 through 12 are included
at the end of this chapter.
[4]
Calculate the actual number of plants required
by selecting the minimum number of plant materials (per 100 feet of
bufferyard length) from the alternatives indicated on the applicable
Tables 8 to 12 and multiply by the hundreds of feet of bufferyard
to be planted.
(9)
Limitations on bufferyard use. A bufferyard may be
used for passive recreation. It may contain pedestrian or bike trails
provided that:
(a)
No plant material is eliminated;
(b)
The total width of the bufferyard is maintained;
and
(c)
All other regulations of this chapter are met.
In no event, however, shall swimming pools, decks, drives, curbing,
stormwater detention/retention ponds, tennis courts, sports fields,
golf courses, parking lots, or other similar uses (as determined by
the Plan Commission) be permitted in bufferyards.
(10)
Table of required bufferyards between zoning districts. The minimum required bufferyard intensity factor for bufferyards between zoning districts set forth in Table 7 refers to the bufferyard width and plant unit standards set forth in Table 8 through Table 12 of this chapter. Bufferyards are required between adjacent zoning districts. The abbreviations used in Table 7 represent the City of Burlington Zoning District designations used throughout this chapter.[6]
[6]
Editor's Note: Tables 7 through 12 are included
at the end of this chapter.
(11)
Minimum required bufferyard width and plant
material standards. Tables 8 through 12 set forth the minimum bufferyard
width and plant material standards required for achieving required
bufferyard intensity levels. Tables 8 through 12 are designed so as
to allow for choice from a variety of alternative bufferyard widths
and general landscape plant material types in order to meet the required
bufferyard intensity levels required elsewhere in this section.
(12)
Minimum plant material standards. All new landscape plant material shall meet those standards set forth under the requirements of § 315-48D(6) of this chapter.
