The following standards are intended to assure an adequate degree of landscaping, screening, and buffering between land uses, particularly between residential and nonresidential uses, providing a balance between developed uses and open space, enhancing the visual and aesthetic appearance of the community, and encouraging preservation of existing natural features. Specifically, these regulations are intended to:
A. 
Encourage the landscaping of developments and to dissuade the unnecessary clearing and disturbing of land so as to preserve the natural and existing growth of vegetation and to replace removed or plan new vegetation indigenous to the region.
B. 
Provide natural visual screening of parking areas and along property boundaries to protect the existing visual quality of adjacent lands.
C. 
Reduce surface runoff and minimize soil erosion through the natural filtering capability of landscaped areas.
D. 
Provide natural buffers that reduce glare and noise, and protect wetlands, stream corridors and other significant environmental features.
E. 
Moderate the microclimate of parking areas by providing shade, absorbing reflected heat from paved surfaces and creating natural wind breaks.
F. 
Enhance the overall environmental and aesthetic quality of the community in order to provide a healthful and pleasant atmosphere for Town residents and visitors.
G. 
Encourage the application of green infrastructure to landscaping, screening, and buffering elements for the natural management of stormwater and runoff (e.g., bioswales, bioretention cells, permeable pavement, green roofs, etc.).
A. 
Site plan review. Development activities requiring site plan approval shall submit, as part of such approval, a landscaping plan in accordance with § 106-42.4 of this article. This shall include, but not be limited to, commercial, retail, industrial, multifamily residential, subdivisions, and institutional uses.
B. 
Existing site features. Existing unique, cultural, or natural site features, such as stone walls, shall be incorporated into landscaping plans to the maximum extent feasible. Sites that possess significant ecological properties such as aquifers, public water supply watersheds, wetlands, and streams whose degradation would negatively affect other properties should be developed in a manner that will effectively prevent the possibility of such degradation.
C. 
Existing trees. Existing healthy trees with a minimum twelve-inch caliper should be identified on development plans and preserved. Said preserved trees shall be credited against the requirements of these regulations in accordance with their size and location.
D. 
Completion of work. The issuance of a certificate of occupancy shall require completion of lot grading, seeding and required landscaping, or posting of a performance guaranty acceptable to the Code Enforcement Officer. If the applicant cannot perform the work due to seasonable impracticalities, all landscaping work shall be completed by June 30 of the year following the issuance of the temporary certificate of occupancy.
E. 
Pedestrian access. Pedestrian access to sidewalks or buildings shall be considered in the design of all landscaped areas.
F. 
Compliance. Where existing conditions make compliance with these regulations not feasible, the Planning Board, at its discretion, may modify the requirements, provided they comply with the intent of these regulations to the maximum extent practicable.
G. 
Appropriate plant species. All plant materials must conform to the most current edition of the American Nursery and Landscape Association's American Standard for Nursery Stock (ANSI Z60.1 - 2004). Applicants are required to design and install landscaping that shall be tolerant of typical environmental conditions of this region (USDA Hardiness Zones 5 and 6). Proper trees shall be chosen where any height restrictions (i.e., power lines) exist to minimize conflicts and improper pruning techniques. Species appropriate for the Town should be determined by a registered landscape architect, landscape consultant, or other professional.
H. 
Minimum plant size. Unless otherwise specifically stated elsewhere in this section, all plant materials shall meet the minimum size standards set forth in Table 42-1 below at the time of installation.
Table 42-1: Minimum Plant Size in Buffer
Plant Material
Side or Rear Yards
All Other Landscaped Areas
Trees
Deciduous
1 1/2 inch caliper
2 1/2 inch caliper
Evergreen
4 feet (height)
5 feet (height)
Shrubs
Deciduous
15 inches (height)
24 inches (height)
Evergreen
12 inches (height)
18 inches (height)
All nonresidential uses and multifamily uses must comply with the following landscape standards where applicable:
A. 
Perimeter landscaping. Landscaping shall be required along the perimeter of projects, or within the required setbacks, and shall be provided except where driveways or other openings may be required.
(1) 
The Planning Board may consider alternatives to the location of landscaping materials, based on the existing character of the neighborhood.
(2) 
A landscaped area of at least 30 feet in depth shall be provided in the front setback area of any lot bordering a primary roadway (Route 20A or Lima Road) within a mixed-use district.
(3) 
For large development projects, such as shopping centers, perimeter landscaping shall apply to the full perimeter of the project, and not to internal property lines.
(4) 
The linear feet guidelines below are to be used to calculate the number of required plantings; they do not require that plantings be uniformly spaced. Rather, grouping of plants consistent with accepted landscape practice is encouraged.
(a) 
At least one tree for each 40 linear feet of the perimeter of the lot; and
(b) 
At least one shrub for each 10 linear feet of the perimeter of the lot.
B. 
Street trees. All streets and roads within the Town shall be lined with trees unless visibility by traffic would be obstructed.
(1) 
Trees should be placed between the sidewalk and curb to form a protective row that makes pedestrians feel safely separated from traffic. Trees should be spaced no more than 50 feet apart in areas with slow speed limits, and no more than 100 feet apart in higher speed situations. A minimum of two trees should be provided on all lots. The Planning Board shall approve the exact number of trees, their location and spacing during site plan review.
(2) 
Residential street trees should be placed close to the road and to each other to create a park-like canopy or consistent with existing tree spacing on neighborhood lots when present.
(3) 
Street trees should be hardy, deciduous varieties that are salt and drought resistant, free of droppings that mar sidewalks and cars, and tall enough to frame the street and placed in locations that do not block the view of storefronts.
(4) 
N[1]
[1]
Editor's Note: So in original.
C. 
Building foundations. Building foundations shall be mulched and planted with ornamental plant material, such as ornamental trees, flowering shrubs, perennials, and ground covers. The arrangement of said landscaping shall be arranged along the front facade and along other facades where principal entrances are present or are visible from the public right-of-way, as required by the Planning Board. Trees and shrubs shall be provided according to the following requirements:
(1) 
At least one tree for each 30 linear feet of the perimeter of the building; and
(2) 
At least one shrub for each five linear feet of the perimeter of the building.
D. 
Parking areas. Parking lots containing 10 or more spaces, per Article 41 (Off-Street Parking and Loading), shall be internally landscaped, so as to provide shade and screening, and facilitate the safe and efficient movement of traffic. The area designated as required setbacks shall not be included as part of the required landscaping. Plantings shall be spaced and grouped consistent with accepted nursery standards, and shall not be located in a manner that impedes driver visibility. Specific requirements are as follows:
(1) 
A landscaped buffer at least 10 feet in width must be provided between a parking lot and the public rights-of-way;
(2) 
A minimum of one landscaped island shall be provided for every 10 parking spaces contained within each single row of parking. Islands shall be planted with trees, shrubs, and ground cover to the satisfaction of the Planning Board with a minimum of one tree per 10 parking spaces unless otherwise approved by the Planning Board;
(3) 
End islands shall be required for all parking configurations entirely surrounded by drive aisles, provided such configurations contain more than five spaces in a single row and 10 spaces in a double row. End islands shall completely separate the parking spaces from the drive aisle;
(4) 
Landscaped parking lot medians, a minimum of 10 feet in width, shall be used to completely separate driveway entrance aisles from parking areas;
(5) 
All landscaped areas shall be no less than eight feet in average width; and
(6) 
Plantings shall present a clear view of any driving lane within 15 feet.
E. 
Screening and buffering requirements.
(1) 
A fence without landscaping shall not be considered a buffer.
(2) 
A landscaped barrier at least 10 feet in width shall be provided to screen vehicular activity from adjacent properties.
(3) 
If there is insufficient space to accommodate a ten-foot landscaped area, the Planning Board may allow screening to consist of a wall, fence, berm, hedge, or other plant materials or combinations thereof no less than five feet high.
(4) 
Screening and buffering planting of coniferous and/or deciduous trees, shrubs, ground cover, and fencing (where desired) will be required along side and rear property boundaries of adjacent, noncompatible uses or established residential areas. This shall include, but not be limited to, the following situations:
(a) 
Multifamily dwellings abutting single-family or two-family dwellings.
(b) 
Commercial, industrial, and institutional uses abutting residential uses.
(c) 
Manufactured home communities abutting a public right-of-way or residential use.
(d) 
New residential development adjacent to active farm operations or vacant, open fields that contain prime agricultural soils.
(e) 
Outdoor storage areas as specified in § 106-30.19 of this chapter.
(5) 
Loading and service areas shall also be buffered from adjacent noncompatible uses, established residential areas, and street rights-of-way.
F. 
Stormwater facilities.
(1) 
Stormwater facilities and detention ponds may be considered as contributing landscaping elements to meet the requirements of this article.
(2) 
Stormwater facilities shall be integrated into the overall site design, or where existing, a larger regional retention and management system. The use of earthen basins should be kept to a minimum to achieve required regulatory standards.
(3) 
Stormwater detention or retention facilities are not permitted in front yards unless they provide positive and attractive design elements to the project, at which point the location of these facilities in front yards is left to the discretion of the Planning Board. Where the lay of the land or other physical constraints makes the placement of such facilities elsewhere infeasible, the Planning Board may also approve placement in front or side yards subject to enhanced landscaping provisions.
(4) 
The siting, construction, and management of all stormwater facilities in front yards should provide a positive and attractive design element. This can be achieved with the provision of enhanced landscaping, fountains, or other water features and a pleasing aesthetic. These facilities should appear to exist in a natural setting with the overt use of riprap and stone fill kept to a minimum.
(5) 
The provision of fencing around stormwater facilities shall not be allowed unless such fencing provides a positive design element as determined by the Planning Board. Chain link fencing around stormwater facilities shall not be allowed unless otherwise approved by the Planning Board.
(6) 
The subterranean storage of stormwater runoff is encouraged where practicable. Applicants shall follow all appropriate testing measures and obtain all applicable permits prior to construction of such measures.
(7) 
Applicants shall ensure that measures taken in consideration of these design standards is in conformance and coordination with the development of a stormwater pollution prevention plan according to state environmental regulations.
A. 
A required landscaping plan must be prepared by a licensed landscape architect, landscape designer, arborist, or other professional unless otherwise waived by the Planning Board. All landscaping plans shall contain the following information:
(1) 
A title block with the name of the project, the name of the person preparing the plan, a scale, North arrow and date.
(2) 
All existing, significant plant materials on the site.
(3) 
Existing and proposed structures.
(4) 
Topographical contours at two foot intervals.
(5) 
Drainage patterns.
(6) 
Location, size and description of all landscape materials existing and proposed, including all trees and shrubs, and shall identify those existing plant materials that are to be protected or removed.
(7) 
Landscaping of parking areas, access aisles, entrances, common open areas, recreation areas, and perimeter buffer areas.
(8) 
Other information as may be required by the Code Enforcement Officer and/or the Planning Board.
B. 
Relief from any landscape plan requirements that are deemed unnecessary may be granted with Planning Board approval.
It shall be the responsibility of the property owner and/or lessee to maintain the quality of all plant material, non-plant landscaping, and irrigation systems used in conjunction with the landscaping.
A. 
Maintenance shall include, but not be limited to, watering, weeding, mowing (including trimming at the base of fencing), fertilizing, mulching, proper pruning, and removal and replacement of dead or diseased trees and shrubs on a regular basis.
B. 
All landscaping and plant material that is missing, dead, decaying, or injured as of September 30 shall be replaced by June 30 of the following year at the owner's expense. The replacement shall be of the same species and size unless otherwise approved by the Code Enforcement Officer.
C. 
Irrigation systems shall be designed to minimize spray on buildings, neighboring properties, roads or sidewalks; maintained in proper operating condition and conserve water to the greatest extent feasible through proper watering techniques.
D. 
Improper maintenance shall be determined through periodic inspection by the Code Enforcement Officer. The Code Enforcement Officer may require a review and status report of plantings by a professional landscaper, arborist, or engineer. All reasonable costs for review and determination shall be at the expense of the property owner.
In any district, all dumpsters, service areas or mechanical units used or intended to be used for any building or land use other than one-family and two-family dwelling units, shall be subject to the following:
A. 
All dumpsters, refuse storage, service areas, and mechanicals shall be placed in the rear yard unless otherwise approved by the Planning Board;
B. 
In instances where neighboring uses are compatible and rear lots are connected, refuse areas shall be combined;
C. 
All dumpsters, service areas and mechanicals shall be screened from view with either a wall, a solid fence or a combination of fencing and evergreens creating a solid visual barrier from adjacent properties and the public right-of-way. Said barrier shall be at least equal to the height of the containers or mechanicals; and
D. 
All dumpsters within a mixed-use district shall be located within a screened enclosure with no less than three sides constructed of the same or similar materials found in the principal structure. Where possible, gate access to the enclosure should be located out of direct view from parking areas and principal building entrances, and efforts should be made to maintain the gates in a closed position other than times of refuse pickup or delivery.