A landscape buffer shall be provided in any nonresidential zone
and for any nonresidential use where a development abuts a residential
zone or residentially developed property. The buffer shall provide
a year-round visual screen to minimize adverse impacts from the site
on adjacent properties. The following buffer area and landscaping
requirements shall apply, unless a different requirement is set forth
elsewhere in this chapter:
A. The following buffer widths are required:
|
District
|
Required Buffer
(feet)
|
---|
|
|
Side
|
Rear
|
---|
|
CBD, CO, O
|
10
|
10
|
|
LM, RW, LB-1, LB-2, LB-3
|
10
|
20
|
|
SC, HSO
|
15
|
25
|
B. Buffer areas will be contiguous with residential property lines and
shall be of uniform width.
C. If the buffer is less than 20 feet wide, the applicant may be required
to erect and landscape a six-foot-high stockade fence within the buffer
area, parallel to the lot line of the abutting residential lot.
D. Buffer areas shall be maintained and kept clean of all debris, rubbish,
weeds and tall grass. Any screen planting shall be maintained permanently,
and any plant material which does not live shall be replaced within
one year or one growing season.
E. No structure, activity, storage of materials, driveways or parking
of vehicles shall be permitted in the buffer area, except permitted
signs as specified in the district regulations.
F. Requirements for planting in buffer area.
(1)
A solid and continuous landscaped screen shall be planted and
maintained around parking and loading areas, eliminating glare of
vehicle lights and enhancing the building from the abutting residential
areas. The landscaped screen shall consist of evergreen trees, such
as hemlock, Douglas fir, Norway spruce, etc. Evergreen trees shall
not be less than five feet high when planted, and the lowest branches
shall be not more than one foot above the ground. In the event that
the existing evergreen trees do not cover the required area from the
ground, said landscaping screen shall be supplemented with evergreen
shrubbery.
(2)
In addition to the landscaped screen, shade trees may be required.
(3)
If the buffer area includes existing growth of evergreen and
deciduous trees and shrubbery, but not enough to provide a suitable
screen as required above, existing trees and shrubbery may remain
and shall be supplemented by additional evergreen plantings to provide
the required landscaped screen. In the event the approving authority
finds that further plantings of evergreens will not grow satisfactorily
in said buffer areas, stockade fencing, six feet high, shall be erected
in the buffer area.
G. The approving authority shall have the power to waive any of the
requirements or details specified above if it determines an adequate
buffer can be provided in less than the required width while maintaining
the purposes of this section. The approving authority, when considering
waiving any of the buffer requirements, shall review the proposed
plat and the standards and purposes of this chapter and, to these
ends, shall consider the location of buildings, parking areas, outdoor
illumination and topographic features of the area and existing features,
such as trees and streams; the efficiency, adequacy and safety of
the proposed layout of driveways, streets, sidewalks and paths; the
adequacy and location of screening and parking areas, structures and
uses; and such other matters as may be found to have a material bearing
on the above standards and objectives.
No person shall do or cause to be done any of the following
acts affecting trees, shrubbery or ornamental material planted or
growing naturally within the rights-of-way or public places under
the jurisdiction of the Borough, except with a written permit obtained
from the Construction Official or other approving authority:
A. Cut, trim, break, disturb the roots of, or spray with defoliants
any living tree or shrub, or injure, misuse or remove any structure
or devices placed to support or protect any tree or shrub.
B. Place or remove, or climb with spikes, any living tree or shrub.
C. Fasten any rope, wire, electric attachments, sign or other device
to a tree or shrub or to any guard about such tree or shrub.
D. Close or obstruct any open space provided about the base of a tree
or shrub to prohibit the access of air, water or fertilizer to the
roots of such tree or shrub.
E. Pile any building material or make any mortar or cement within six
feet of a tree or shrub.
F. Change the grade of the soil within the limits of the lateral spread
of the branches of any such tree.
G. Wire, cable and electric current. Every person having control over
any wire for transmission of an electric current along a public highway
shall, at all times, guard all trees through which, or near which,
such wire passes against any injury from the wire or cable or from
the electric current carried by it. The device or means used shall
in every case be subject to approval by the Department of Construction
Official.
H. Guy wires and braces prohibited. No person shall place any guy wire,
brace or other device on any tree in such a manner as to injure it.
I. Chemical damage. No person shall permit any brine, gas or injurious
chemical or liquid to come in contact with the stump or roots of any
tree or shrub upon a public roadway other than routine salting for
hazardous road conditions as affect the health and safety of the general
public.
J. Interference with Department of Construction Official. No person
shall prevent, delay or interfere with any lawful work undertaken
by the Department of Construction Official or its authorized agent.
If any person shall continue to violate any of the provisions of this chapter, after being duly notified of such violation, or shall neglect or refuse to comply with any lawful order of the office of the Zoning Officer, such violator shall be punishable as provided in §
195-83L of this chapter.