[Amended 10-14-1991 by Ord. No. 1495]
The purpose of this article is to regulate the planting and preservation of landscape materials; to promote the general health, safety and welfare of our citizens; to facilitate the creation of an attractive environment; to protect property values; and to further the urban design and economic development objectives of the Comprehensive Plan. To these ends, these regulations are intended to promote the planting and preservation of landscape materials which:
A. 
Provide screening and buffering between incompatible land uses.
B. 
Provide parking lot landscaping to reduce the harmful effects of heat, noise and glare associated with motor vehicle use.
C. 
Provide shade and enhance the appearance of urban areas.
D. 
Provide for the creation of safe, attractively landscaped areas adjacent to public streets by using landscape materials which separate vehicular and pedestrian areas.
E. 
Provide for the protection of groundwater and air quality through the mitigating effects of trees.
F. 
Provide for useful and attractive open space areas.
[Amended 11-9-2020 by Ord. No. 2113]
The provisions of this article shall apply to all zoning permit applications for uses and development within the corporate limits approved after the effective date of this chapter, including those which include the reconstruction and enlargement of existing structures and uses. This article does apply to the enlargement of any parking lot, and if the existing parking lot has no landscaping when resurfacing is done, a landscape plan will have to be provided.
[Amended 11-9-2020 by Ord. No. 2113]
A landscape plan meeting the requirements of this article is required for all zoning permit applications for uses and development subject to landscaping requirements in this chapter.
[Amended 9-14-2015 by Ord. No. 2057; [Amended 11-9-2020 by Ord. No. 2113]]
The Planning Director shall be responsible for the review of all landscape plans, and for the determination if proposed landscaping complies with the provisions of the zoning ordinance. The Planning Director or their designee shall forward an evaluation of any required landscape plan to the Planning Commission as appropriate before final approval of any land development application.
Every landscape plan required by this article shall be prepared by a landscape architect, landscape contractor or other individual with professional experience in landscape architecture. All landscape plans shall contain the following information:
A. 
Scale. Plans shall be drawn to a scale of not less than 50 feet to the inch on sheets not exceeding 24 x 36 inches.
B. 
Contents. All site plans shall illustrate with sufficient detail the location of all proposed construction, including driveways, parking areas, curbs, sidewalks, utility lines, structures and landscape areas. Landscape areas shall indicate dimensions, and all proposed trees and plants shall be illustrated. Site plans must be prepared by a registered surveyor and/or a certified engineer.
C. 
Schedule. All plans shall be accompanied by a schedule of plants proposed, including the number proposed, their height, caliper or gallon size and common and botanical name.
D. 
Open space. All plans shall include a table calculating the amount of open space and number of plants and trees required by the Zoning Ordinance and the amount of open space and number of plants and trees provided.
E. 
Existing vegetation. Any existing vegetation proposed to be saved shall be identified by name, quantity and size. Methods of protecting the vegetation shall be illustrated or explained.
Street tree planting is required any time a public street is constructed, extended or widened. This requirement shall apply to all zoning districts. In general, street trees shall be planted in the public right-of-way, and maintenance of these trees shall be the responsibility of the property owner. Where parking lots abut public street rights-of-way, the requirements of § 265-83 shall apply.
A. 
Species. Tree species shall conform to those identified as street trees on the plant list of § 265-95 of this article. Substitutions may be made with the permission of the Planning Director and the Shade Tree Commission. All street tree plantings must be approved by the Planning Director. In reviewing plans for street tree plantings, the Planning Director shall consider:
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
(1) 
The size, type and condition of existing street trees.
(2) 
The adopted design study, landscape plan or design theme for the street.
(3) 
The majority of street trees planted shall be medium or large scale [one and three-fourths (1 3/4) to two inches caliper] canopy trees to provide shade and visual relief.
(4) 
Flowering ornamental trees should be planted in groups.
B. 
Number. One tree or more trees for every 40 feet of street frontage, where columnar varieties are used there should be more than one for every 40 feet.
C. 
Location. In commercial zoning districts, all street trees shall be located in the required landscape area adjacent to the street (or tree well location). In residential zoning districts, street trees shall be located generally within 20 feet of the right-of-way. Nothing in this section shall be construed as to require that tree plantings be planted at even intervals. Trees that grow taller than 30 feet should not be planted under power line rights-of-way.
All parking areas described below, unless explicitly exempted, must be landscaped as described in this article. For the purposes of this article, "parking lots" are defined as any area used for the display or parking of any and all types of vehicles, boats or heavy construction equipment, whether these vehicles are or are not for sale or lease. This definition includes, but is not limited to, parking lots and display areas for automobile dealerships and service stations. The area of the parking lot shall be calculated to include all paved areas used for ingress/egress.
A. 
Applicability. The requirements of this section shall apply to the construction or enlargement of any parking lot with four or more parking spaces. No perimeter parking lot landscaping shall be required if an S-2 or S-3 screen, as described in § 265-89D, is required.
B. 
Parking lots adjacent to public streets.
(1) 
Landscape area. Continuous landscape area 10 feet in width, not including the sidewalk, shall be located between the parking lot and the property line. If road improvements are necessary across the frontage of the property, a continuous landscape strip with an average width of 10 feet may be provided to meet the requirements of this section. If a parking lot is built adjacent to an existing parking lot which has landscape area narrower than 10 feet in width, the width of the existing landscape area may be continued, provided that it is at least six feet wide.
(2) 
Number of trees. One tree minimum for each 40 feet of frontage shall be planted in the landscape strip.
(3) 
Screening adjacent to public street. All parking lots adjacent to the public street must be screened along at least one-half ( 1/2) of the street frontage. Screening shall be accomplished through the planting of shrubs, hedges or the creation of berms. No plant material or berm shall obstruct the sight distance of motorists entering or leaving the site.
(4) 
Species. All trees planted to meet the requirements of this section shall be street trees as identified in § 265-95, Plant list. Plants not on the plant list may be introduced and will be reviewed.
C. 
Other parking lots.
(1) 
Landscape area. A continuous landscape area at least five feet in width shall be located between the property line and the parking lot.
(2) 
Number of trees and shrubs. One tree minimum and three shrubs for every 50 feet of frontage shall be planted in the landscape area.
(3) 
Species. All trees planted to meet the requirements of this section shall be canopy trees as identified in § 265-95, Plant list.
A. 
Applicability. These requirements shall apply to the construction or enlargement of any parking lot with 10 or more parking spaces. Such landscaping shall be in addition to perimeter parking lot landscaping, street tree planting and screening. The requirements of this section shall specifically not apply to automobile sales centers.
B. 
Interior parking lot landscaping standards.
(1) 
Minimum landscape area: 5% of the gross area of the parking lot. The gross area of the parking lot shall include all paved areas within the lot, including areas for ingress/egress. Paved storage areas may be subtracted from this figure for land uses such as lumber yards and warehouses.
(2) 
Minimum landscape area: no landscape area shall be less than 50 square feet. Each landscape area shall have at least one canopy tree.
(3) 
Number of trees: one tree for every 10 parking spaces.
(4) 
Number of shrubs: three shrubs for every 10 parking spaces.
(5) 
Species. At least three-fourths ( 3/4) of the trees planted to meet the requirements of this section must be canopy shade trees as identified in § 265-95, Plant list.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
Properties within the C2 District:
A. 
Landscape area adjacent to a public street. The Planning Director may consider an alternative to meeting the requirement for a landscape area as described in § 265-83C(1) where the applicant proposes a suitable screening alternative, including an architectural wall, that can be demonstrated to achieve equal or better results.
B. 
Perimeter parking lot landscaping. The Planning Director may consider an alternative to meeting the requirement for perimeter parking lot landscaping as described in § 265-83 where the applicant proposes a suitable screening alternative that can be demonstrated to achieve equal or better results.
[Amended 12-12-2022 by Ord. No. 2143]
A buffer yard shall be required in order to minimize negative impacts of incompatible uses on neighboring properties.
[Amended 12-21-1994 by Ord. No. 1646; 9-14-2015 by Ord. No. 2057; 12-12-2022 by Ord. No. 2143]
A. 
A buffer yard meeting the requirements herein shall be required where a proposed use in a C1, C2, or M zoning district abuts an R1, R2, or R3 zoning district and the proposed use is not a permitted use in the R1, R2, or R3 zoning district, and where the proposed use includes the following:
(1) 
Any new principal building.
(2) 
Any addition to a principal building of at least a 100% increase in floor area or 5,000 square feet.
(3) 
Any new accessory building of at least 5,000 square feet.
(4) 
Any increase of the impervious area of the lot of at least 5,000 square feet.
B. 
A buffer yard shall be required along the entire length of directly abutting property lines.
C. 
A buffer yard shall not be required where properties are separated by an existing street, road, or railroad.
[Amended 12-12-2022 by Ord. No. 2143]
A. 
A buffer yard shall consist of a twenty-foot-wide strip containing a solid fence or wall of a minimum height of six feet, plus seven evergreen trees, two canopy trees and three ornamental trees per 100 linear feet.
B. 
Additional shrubs, hedges, or other vegetation plantings may be provided in place of the required fence or wall where it is demonstrated that the additional plantings provide an equal or better buffer for visibility, noise, odors, smoke, and garbage.
All commercial outdoor storage and loading areas created after the adoption of this chapter shall be screened from all public streets and adjacent residential properties. An opaque screen at least eight feet in height comprised of plants, trees, walls or other opaque materials must be provided.
A. 
Properties in the C2 District. The Planning Director may consider an alternative to meeting buffer yard requirements where the applicant proposes a suitable alternative that can be demonstrated to achieve equal or better results. An opaque screen accomplished through the construction of architectural features, walls or the planting of vegetative materials may be considered as an alternative for all or a portion of the required buffer yard.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
B. 
Buffer yard exceeding 15% of area. No buffer yard shall be required which comprises more than 15% of the subject property. In any case which the required buffer yard would exceed 15% of the buffer yard, such yards shall be reduced to 15% of the gross area of the site.
C. 
Construction of walls. Screening and buffer yard requirements shall be reduced by one-third ( 1/3) where the developer constructs a six-foot high brick or architectural block wall.
D. 
Temporary uses. Screening and buffer yard requirements may be reduced or eliminated by the Zoning Hearing Board.
E. 
Combined development plan. The Planning Director or their designee may modify or reduce the requirements for screening and buffer yards when the adjoining land uses are developed under a combined development plan.
[Amended 9-14-2015 by Ord. No. 2057]
A. 
Condition. All plants required by this article shall be well-branched and well-formed, sound, vigorous, healthy and free from disease, sunscald, windburn, abrasion and harmful insect or insect eggs and shall have healthy, normal and unbroken root systems. All plants shall comply with the American Association of Nurserymen's standards and conform to the representative species.
B. 
Size. All plant material installed to meet the requirements of this chapter shall comply with the minimum size requirements below at the time of planting.
(1) 
Street trees. Height: 15 feet; caliper: one and three-fourths (1 3/4) to two inches.
(2) 
Canopy trees. Height: 12 feet; caliper: two to two and one-half (2 1/2) inches.
(3) 
Evergreen trees. Height: six feet; full branching.
(4) 
Ornamental trees. Height: six feet.
(5) 
Shrubs. Height: two feet.
(6) 
Hedges. Planted and maintained to form a continuous, solid visual screen at least two feet in height within one year after planting.
All trees and shrubs shall be installed in a sound manner following accepted professional planting procedures. At a minimum, all trees planted shall have rootballs adequate to enclose the entire root system, all trees shall be mulched and staked and all plants shall be watered at time of installation.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
Plant material in the following list may be used to satisfy the requirements of this article. The plant list is divided into the following categories: large canopy trees, medium canopy trees, evergreen trees, shrubs, hedges and ground cover. Each plant is also classified by the following functions: street trees, parking lot shade trees and buffer trees. Plants must conform with the varieties and functions identified in this plant list unless alternative varieties are approved by the Planning Director.
CANOPY TREES
Common Name
Function
Ginkgo (male)
Ginkgo biloba
Parking, street, buffer
Thornless Honey Locust
Gleditsia triacanthos inermis
Parking, street
Green Ash
Fraxinus pennsylvanica
Parking, street, buffer
Red Maple
Acer rubrum
Parking, street, buffer
Norway Maple
Acer platanoides
Parking, street, buffer
Sugar Maple
Acer saccharum
Parking, street, buffer
Low-salt areas
Pin Oak
Quercus palustris
Parking, street, buffer
Red Oak
Quercus borealis
Parking, street, buffer
Willow Oak
Quercus phellos
Parking, street, buffer
London Plane Tree
Platanus acerifolia
Parking, buffer
Japanese Pagoda Tree
Sophora japonica
Buffer
Littleleaf Linden
Tilia cordata
Wide, buffer
Silver Linden
Tilia tomentosa
Wide, buffer
Village Green
Zelkova serrata
Parking, street, buffer
Yellowwood
Cladrastis lutea
Parking, street, buffer
Other varieties may be selected from Street Tree Factsheets, published by Pennsylvania State University, 1989.
EVERGREEN TREES
Common Name
Botanical Name
Function
Eastern Red Cedar
Juniperus virginiana
Buffer
White Pine
Pinus strobus
Buffer
Austrian Pine
Pinus nigra
Buffer
Norway Spruce
Picea abies
Buffer
American Holly
Ilex opaca
Buffer
Dark American Arbor Vitae
Thuja occidentalis nigra
Buffer
ORNAMENTAL TREES
Common Name
Botanical Name
Function
Amur Maple
Acer griseum
Buffer
Dogwood/Chinese Varieties
Cornus florida
Buffer (salt sensitive)
Washington Hawthorn
Crataegus phaenopyrum
Street, buffer (thornless varieties)
American Plum
Prunus americana
Street, buffer
Bradford Pear
Pyrus calleryana
Street, buffer (Cleveland select or Red Spire)
Flowering Crabapple
Malus (various species)
Street, buffer
Flowering Cherry
Prunus (various species)
Street, buffer
Downy Serviceberry
Amelanchier arborea
Buffer
Shadblow
Amelanchier canadensis
Buffer
EVERGREEN SHRUBS
Common Name
Botanical Name
Function
English Yew
Taxus baccata
Buffer, high maintenance
Japanese Yew
Taxus cuspidata
Buffer, high maintenance
Azalea
(various species)
Buffer, high maintenance
Chinese Holly
Ilex cornuta
Buffer
Japanese Holly
Ilex crenata
Buffer
Rhododendron
(various species)
Buffer
Euonymus
(various species)
Buffer
DECIDUOUS AND FLOWERING SHRUBS
Common Name
Botanical Name
Function
Azalea
(various species)
Buffer
Cotoneaster
(various species)
Buffer
Forsythia
(various species)
Buffer
Viburnum
(various species)
Buffer
Winged Euonymus
(various species)
Buffer
GROUND COVER
Common Name
Botanical Name
Function
Ajuga
Ajuga repandens
Buffer
English Ivy
Hedera helix
Buffer
Pachysandra
Pachysandra terminalis
Buffer
Ground Juniper
(various species)
Buffer
Dwarf Cotoneaster
(various species)
Buffer
Periwinkle
Vinca minor
Buffer
Existing tree cover within any proposed subdivision or development plan shall be retained to the greatest extent possible and taken fully into account in the design of the improvements and grading of the property. The Shade Tree Commission must approve the removal of any tree which is in the twenty-five-foot street right-of-way. The Shade Tree Commission shall approve such tree only when the development or subdivision requires the removal of the tree.
A. 
Hedgerows. Hedgerows preserved at property boundaries may meet the requirements of screening as required by this article.
B. 
Trees. Existing trees preserved on-site may be used to satisfy the requirements for parking lot landscaping and street plantings required by this article. Any existing trees used to meet the requirements of this chapter must be at least four-inch caliper, in healthy condition and be protected from construction activity. Such protection procedures shall be illustrated on the landscape plan.
C. 
Exceptional trees. Trees of exceptional size, canopy, historic value or age preserved may be credited as four trees for the purposes of this article if approved by the Planning Director.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
A. 
Responsibility. The owner or his agent shall be responsible for the maintenance, repair and replacement of all landscape materials and fences required by this article.
B. 
Condition. All landscape materials shall be kept in healthy condition free of all disease and infestation. All fences and screens shall be maintained in a safe and attractive condition.
C. 
Repair and replacement. The owner or agent, upon written notice of the Planning Director, shall repair or replace any landscape materials, screens or fencing not meeting the requirements of Subsection B above within 30 days.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
No tree, shrub, hedge or vegetation, whether or not required by this article, shall be planted or maintained in any way that interferes with the sight distance of any person.
These regulations require the establishment and maintenance of improved open space to provide adequate light, air and space to residents or occupants of all developments. These regulations require the establishment of a nonprofit organization to be responsible for the maintenance of common improvements in all developments and subdivisions and shall apply to all development plans and subdivision applications submitted after adoption of this chapter. The regulations below separately address open space in residential and nonresidential developments.
Open space area in nonresidential zoning districts shall be appropriately landscaped and shall not include streets, drives, off-street parking and loading areas and areas so located or of such size or shape to have no substantial aesthetic or recreational value. Buffer yards, areas of parking lot landscaping and yard setbacks may be applied toward the requirements of this section. Maintenance requirements shall be as follows:
A. 
Responsibility. The owner or his agent shall be responsible for the maintenance of all open space areas in a reasonable condition.
B. 
Condition. All open space areas shall be kept in a clean, attractive and safe condition. All open space areas shall be kept open to the residents or occupants this open space is intended to serve.
C. 
Repair. The owner or agent, upon written notice of the Planning Director, shall repair any defective condition of the open space areas that render these spaces unusable or unsafe, within 30 days. If the deficiencies set forth by the Planning Director have not been rectified within the thirty-day period or any extension thereof, the City, in order to preserve property values in the area and to prevent the open space from becoming a public nuisance, may repair the open space to a reasonable condition in accordance with the approved landscape plan. The owner shall be responsible for reimbursing the City for any costs associated with this repair.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
A. 
Applicability. These regulations shall apply to all land in common open space, not in lots in residential developments, whether these lands are proposed to be dedicated for public use or not; all improvements provided for common use and benefit, whether or not required by this chapter; and all lands to be dedicated or conveyed for public use.
B. 
General requirements.
(1) 
Organization. A nonprofit organization or other legal entity under the laws of Pennsylvania must be established to provide for the ownership, care and maintenance of all open space areas and improvements.
(2) 
Covenants. All such organizations described in Subsection B(1) above shall be created by covenants and restrictions recorded among the land records of Westmoreland County. All such covenants shall include provisions for the maintenance of common open space.
C. 
Maintenance requirements.
(1) 
Responsibility. The organization described in Subsection B(1) shall be responsible for the maintenance of all open space areas and improvements in a reasonable condition.
(2) 
Condition. All open space areas shall be appropriately landscaped and shall be kept in a clean, attractive and safe condition. All open space areas shall be kept open to the residents this open space is intended to serve.
(3) 
Repair. The owner or agent, upon written notice of the Planning Director, shall repair any defective condition of the open space areas that render these spaces unusable or unsafe, within 30 days. If the deficiencies set forth by the Planning Director have not been rectified within the thirty-day period or any extension thereof, the City, in order to preserve property values in the area and to prevent the open space from becoming a public nuisance, may repair the open space to a reasonable condition in accordance with the approved landscape plan. The owner shall be responsible for reimbursing the City for any costs associated with this repair.
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]
Prior to the dedication or conveyance of those lands described in § 265-104, the following documents shall be submitted to and approved by the city:
A. 
Articles of incorporation. The articles of incorporation, bylaws or other organizational documentation for the nonprofit organization.
B. 
Covenants. The covenants or restrictions related to the use of common property, including the system and amounts of assessments.
C. 
Fiscal program. A fiscal program for a ten-year period to provide for the maintenance and care of all lands, streets, facilities and uses under the purview of the nonprofit organization.
D. 
Right of entry. A document granting the right of entry upon such common property to the city police officers and fire and rescue squad personnel while in pursuit of their duties; and, in the case of private streets and common driveways, permitting the enforcement of cleared emergency vehicle access.
E. 
Deed of conveyance. A copy of the deed of conveyance and a title certificate or, if approved by the City Planning Director, a commitment for a policy of title insurance issued by an insurance company authorized to do business in Pennsylvania, assuring unencumbered title for all lands proposed to be conveyed to the city, other appropriate governmental agency or other organization, including the nonprofit organization. (See § 265-141 for required site plan review filing fee.)
[Amended 9-14-2015 by Ord. No. 2057; 11-9-2020 by Ord. No. 2113]