[HISTORY: Adopted by the Board of Supervisors of the Township of
North Coventry 10-27-1986 by Ord. No. 79.
Amendments noted where applicable.]
The objective of this chapter is to improve the appearance of certain
setback and yard areas and including off-street vehicular parking and open-lot
sales and service areas in North Coventry Township and to protect and preserve
the appearance, character and value of the surrounding neighborhoods and thereby
promote the general welfare by providing for installation and maintenance
of landscaping for screening and aesthetic qualities.
The provisions of this chapter shall be enforced by the Building Inspector
of North Coventry Township.
In construing the provisions hereof and each and every word, term, phrase
or part thereof, where the context will permit, the following definitions
shall apply:
The maximum width of a residential accessway through the perimeter
landscaped strip to an off-street parking or other vehicular use area shall
be 20 feet for two-way vehicular movement and 10 feet for one-way vehicular
movement. For commercial and industrial uses the maximum width for accessways
shall be two times that for residential uses. No more than one two-way accessway
shall be permitted for any street frontage up to 100 linear feet or no more
than two one-way accessways shall be permitted for any street frontage up
to 100 linear feet, such standards to be applicable to any property under
one ownership. Where such ownership involves over 100 feet of street frontage,
one additional two-way or two additional one-way drives may be permitted for
each additional 100 feet of frontage or major fraction thereof. The balance
of such street frontage not involved with accessways shall be landscaped in
accordance with the provisions of this chapter.
Any protrusion of a vehicle outside of a parkspace, display area
or accessway into a landscaped area.
Consists of any of the following or combination thereof: material
such as, but not limited to, grass, ground covers, shrubs, vines, hedges,
trees or palms; and nonliving durable material commonly used in landscaping,
such as but not limited to rocks, pebbles, sand, walls or fences but excluding
paving.
As required by this chapter shall be self-supporting, woody, evergreen
species, as normally grown in Southeastern Pennsylvania.
Self-supporting woody plants of species which normally grow to an
overall height of a minimum of 15 feet in Southeastern Pennsylvania.
Plants which normally require support to reach mature form.
All areas used for the display or parking of any and all types of vehicles,
boats or heavy construction equipment, whether such vehicles, boats or equipment
are self-propelled or not, and all land upon which vehicles traverse the property
as a function of the primary use, hereinafter referred to as "other vehicular
uses," including but not limited to activities of a drive-in nature such as,
but not limited to, filling stations, grocery and dairy stores, banks, restaurants,
and the like, shall conform to the minimum landscaping requirements hereinafter
provided, save and except areas used for parking or other vehicular uses under,
on or within buildings, and parking areas serving single- and two-family uses
as normally such residential areas are voluntarily landscaped:
A.
Installation. All landscaping shall be installed in a sound workmanship-like manner and according to accepted good planting procedures with the quality of plant materials as hereinafter described. All elements of landscaping exclusive of plant material except hedges shall be installed so as to meet all other applicable ordinances and code requirements. Landscaped areas shall require protection from vehicular encroachment as herein provided in Subsections E and F. The Building Inspector shall inspect all landscaping and no certificates of occupancy or similar authorization will be issued unless the landscaping meets the requirements herein provided.
B.
Maintenance. The owner, tenant and their agent, if any,
shall be jointly and severally responsible for the maintenance of all landscaping
which shall be maintained in good condition so as to present a healthy, neat
and orderly appearance and shall be kept free from refuse and debris.
C.
Plant material.
(1)
Quality. Plant materials used in conformance with provisions
of this chapter shall conform to standards established by the Board of Supervisors
of North Coventry Township by resolution, as the same may be changed or amended
from time to time. Grass sod shall be clean and reasonably free of weeds and
noxious pests or diseases. Grass seed shall be delivered to the jobsite in
bags.
(2)
Trees.
(a)
Trees shall be species having an average mature spread
of crown of greater than 15 feet in Southeastern Pennsylvania and having trunk(s)
which can be maintained in a clean condition over five feet of clear wood.
Trees having an average mature spread of crown less than 15 feet may be substituted
by grouping the same so as to create the equivalent of a fifteen-foot crown
spread.
(b)
Tree species shall be a minimum of seven feet overall
height immediately after planting. Trees of species whose roots are known
to cause damage to public roadways or other public works shall not be planted
closer than 12 feet to such public works, unless the tree root system is completely
contained within a barrier for which the minimum interior containing dimensions
shall be five feet square and five feet deep, and for which the construction
requirements shall be four-inch-thick concrete reinforced with No. 6 road
mesh (six by six by six) or equivalent.
(3)
Shrubs and hedges. Shrubs shall be a minimum of two feet
in height when measured immediately after planting. Hedges, where required,
shall be planted and maintained so as to form a continuous, unbroken solid,
visual screen within a maximum of one year after time of planting.
(4)
Vines. Vines shall be a minimum of 30 inches in height
immediately after planting and may be used in conjunction with fences, screens,
or walls to meet physical barrier requirements as specified.
(5)
Ground covers. Ground covers used in lieu of grass in
whole or in part shall be planted in such a manner as to present a finished
appearance and reasonably complete coverage within three months after planting.
(6)
Lawn grass. Grass areas shall be planted in species normally
grown as permanent lawns in Southeastern Pennsylvania. Grass areas may be
sodded, plugged, sprigged or seeded except that solid sod shall be used in
swales or other areas subject to erosion, and providing that in areas where
other than solid sod or grass seed is used, nursegrass seed shall be sown
for immediate effect and protection until coverage is otherwise achieved.
D.
Required landscaping adjacent to public rights-of-way.
On the site of a building or open lot use providing an off-street parking
area or other vehicular use area, where such area will not be entirely screened
visually by an intervening building or structure from any abutting right-of-way,
excluding dedicated alleys, there shall be provided landscaping between such
area and such right-of-way, as follows:
(1)
A strip of land at least five feet in depth located between
the abutting right-of-way and the off-street parking area or other vehicular
use area which is exposed to an abutting right-of-way shall be landscaped,
such landscaping to include one tree for each 50 linear feet or fraction thereof.
Such trees shall be located between the abutting right-of-way and off-street
parking area or other vehicular use area and shall be planted in a planting
area of at least 25 square feet with a dimension of at least five feet. In
addition, a hedge, wall, or other durable landscape barrier of at least two
feet in height shall be placed along only the perimeter of such landscaped
strip. If such durable barrier is of nonliving material, for each 10 feet
thereof, one shrub or vine shall be planted abutting such barrier but need
not be spaced 10 feet apart. Such shrubs or vines shall be planted along the
street side of such barrier unless they are of sufficient height at the time
of planting to be readily visible over the top of such barrier. The remainder
of the required landscaped areas shall be landscaped with grass, ground cover,
or other landscape treatment excluding paving.
(2)
All property other than the required landscaped strip
lying between the right-of-way and off-street parking area or other vehicular
use area shall be landscaped with at least grass or other ground cover.
(3)
Necessary accessways from the public right-of-way through
all such landscaping shall be permitted to service the parking or other vehicular
use areas and such accessways may be subtracted from the linear dimension
used to determine the number of trees required.
E.
Perimeter landscaping relating to abutting properties.
(1)
On the site of a building or structure or open lot use
providing an off-street parking area or other vehicular use area, where such
areas will not be entirely screened visually by an intervening building or
structure from abutting property, that portion of such area not so screened
shall be provided with a wall or hedge or other durable landscape barrier
not greater than eight feet in height nor less than 3 1/2 feet in height
to form a continuous screen between the off-street parking area or other vehicular
use area and such abutting property. Such landscape barrier shall be located
between the common lot line and the off-street parking area or other vehicular
use area exposed to the abutting property provided the purpose of screening
off-street parking area and other vehicular use areas is accomplished. If
such barrier consists all or in part of plant materials, such plant materials
shall be planted in a planting strip of not less than 2 1/2 feet in width.
(2)
In addition one tree shall be provided for each 75 linear feet of such landscape barrier or fractional part
thereof. Such trees shall be located between the common lot line and the off-street
parking area or other vehicular use area. Each such tree shall be planted
in at least 25 square feet of planting area with a minimum dimension of at
least five feet. Each such planting area shall be landscaped with grass, ground
cover or other landscape material excluding paving in addition to the required
tree.
(3)
The provisions of this subsection shall not be applicable
in the following situations:
(a)
When a property line abuts a dedicated alley, or to those
portions of the property that are opposite a building or other structure located
on the abutting property.
(b)
Where a proposed parking area or other vehicular use
area abuts an existing hedge, wall or other durable landscape barrier on an
abutting property, said existing barrier may be used to satisfy the landscape
barrier requirements of this subsection provided that said existing barrier
meets all applicable standards of this chapter and protection against vehicular
encroachment is provided for hedges.
(c)
Where the abutting property is zoned or used for nonresidential
uses, only the tree provision with its planting area as prescribed in this
subsection shall be required; however the number of trees may be reduced to
one tree for every 125 linear feet or fraction thereof but all perimeter requirements
shall apply within the front setback area.
F.
Parking area interior landscaping.
(1)
Off-street parking areas shall have at least 20 square
feet of interior landscaping for each parking space excluding those spaces
abutting a perimeter for which landscaping is required by other sections hereof
and excluding all parking spaces which are directly served by an aisle abutting
and running parallel to such a perimeter. In addition, other vehicular use
areas shall have one square foot of landscape area for each 100 square feet
or fraction thereof of paved area for the first 50,000 square feet excluding
the first 5,000 square feet of paved area plus one square foot of landscape
area for each 200 square feet or fraction thereof of paved area for all paved
area over 50,000 square feet; provided, however, in areas zoned for industrial
use these requirements shall be reduced by 50%. Where the property contains
both parking areas and other vehicular use areas, the two types of areas may
be separated for the purposes of determining the other vehicular use area
by first multiplying the total number of parking spaces by 400 and subtracting
the resulting figure from the total square footage of the paved area. Each
separate landscaped area shall contain a minimum of 50 square feet and shall
have a minimum dimension of at least five feet and shall include at least
one tree having a clear trunk of at least five feet, with the remaining area
adequately landscaped with shrubs, ground cover or other authorized landscaping
material not to exceed three feet in height. The total number of trees shall
not be less than one for each 100 square feet or fraction thereof of required
interior landscaped area. Such landscaped areas shall be located in such a
manner as to divide and break up the expanse of paving.
(2)
In other vehicular use areas where the strict application
of this subsection will seriously limit the function of said area, the required
landscaping may be located near the perimeter of the paved area including
such perimeters which may be adjacent to a building on the site. Such required
interior landscaping which is relocated as herein provided shall be in addition
to the perimeter landscaping requirements.
(3)
The front of a vehicle may encroach upon any interior
landscaped area when said area is at least 3 1/2 feet in depth per abutting
parking space and protected by wheel stops or curbing. Two feet of said landscaped
area may be part of the required depth of each abutting parking space.
G.
Sight distance for landscaping adjacent to public rights-of-way
and points of access. When an accessway intersects a public right-of-way or
when the subject property abuts the intersection of two or more public rights-of-way,
all landscaping within the triangular areas described below shall provide
unobstructed cross-visibility at a level between three feet and six feet,
provided however, trees or palms having limbs and foliage trimmed in such
a manner that no limbs or foliage extend into the cross-visibility area shall
be allowed, provided they are so located so as not to create a traffic hazard.
Landscaping except required grass or ground cover shall not be located closer
than three feet from the edge of any accessway pavement. The triangular areas
above referred to are:
(1)
The areas of property on both sides of an accessway formed
by the intersection of each side of the accessway and the public right-of-way
line with two sides of each triangle being 10 feet in length from the point
of intersection and the third side being a line connecting the ends of the
two other sides.
(2)
The area of property located at a corner formed by the
intersection of two or more public rights-of-way with two sides of the triangular
area being 30 feet in length along the abutting public right-of-way lines,
measured from their point of intersection, and the third side being a line
connecting the ends of the other two lines.
H.
Existing plant material. In instances where healthy plant
material exists on a site prior to its development, in part or in whole, for
purposes of off-street parking or other vehicular use areas, the agency charged
with the issuance of building permits may adjust the application of the above-mentioned
standards to allow credit for such plant material if, in its opinion, such
an adjustment is in keeping with and will preserve the intent of this chapter.
There is hereby created a Committee of Adjustment to consist of two
members each from the Planning Commission and Parks and Recreation and one
member from the Board of Supervisors. The Committee of Adjustment, upon receipt
of an application for adjustment of landscaping requirements provided herein
which is filed on forms prescribed by the Township and executed and sworn
to by the owner or tenant of the property concerned or by authorized agents
as evidenced by written power of attorney, and accompanied by a fee in an
amount as set from time to time by resolution of the Board of Supervisors
shall have the authority and duty to consider and act upon such application.
The applicant shall, in the application, clearly and in detail state what
adjustment of requirements are being requested and the reasons such adjustments
are warranted, and shall accompany the application with such supplementary
data, such as sketches, surveys and statistical information as is deemed necessary
to substantiate the adjustment. The Committee may approve, modify or deny
the requested adjustment, but shall approve or modify only if it determines
that approval of any adjustment would not be contrary to the public interest
and would be in keeping with and would preserve the intent of this chapter
and that literal enforcement of the above standards would be impracticable
and would result in unreasonable and unnecessary hardship.
Except for single-family and two-family dwellings, prior to the issuance
of any permit for paving which is included under the provision of this chapter,
a plot use plan shall be submitted to and approved by the agency charged with
the issuance of building permits, subject to the review and approval of such
other agencies as may be deemed advisable by the building permit agency. The
plot plan shall be drawn to scale, including dimensions and distances, and
clearly delineate the existing and proposed parking spaces, or other vehicular
use areas, access aisles, driveways, sprinklers or water outlet locations,
and the location, size and description of all other landscape materials, the
location and size of buildings if any to be served, and shall designate by
name and location the plant material to be installed, or, if existing, to
be used in accordance with the requirements hereof. No permit shall be issued
for such building or paving unless such plot plan complies with the provisions
hereof, and no certificate of use and occupancy shall be issued until the
landscaping is complete and it shall be unlawful to occupy the premises unless
the landscaping is installed in accordance with the approved plot plans and
the requirements hereof.
The Planning Commission shall prepare and from time to time revise an
off-street parking landscape manual and make the same available to the public,
which manual shall provide an illustrative interpretation of the above standards
and suggested guides for landscaping in accordance with the above standards.
Any person who violates or permits a violation of this chapter shall,
upon being found liable therefor in a civil enforcement proceeding commenced
by the Township before a Magisterial District Judge, pay a fine of not more
than $600, plus all court costs, including reasonable attorney's fees, incurred
by the Township in the enforcement of this chapter. No judgment shall be imposed
until the date of the determination of the violation by the Magisterial District
Judge. If the defendant neither pays nor timely appeals the judgment,
the Township may enforce the judgment pursuant to the applicable Rules of
Civil Procedure. Each day a violation exists shall constitute a separate offense.
Further, the appropriate officers or agents of the Township are hereby authorized
to seek equitable relief, including injunction, to enforce compliance herewith.
