A.
Landscaping is an important element of the use, development and preservation
of land and a significant factor in conserving the value of land,
buildings and structures in the Township. The principal purpose of
this article is to promote the public health, safety and general welfare
by establishing minimum standards for the design, installation and
maintenance of landscaping to in order to achieve a variety of beneficial
purposes.
B.
The design, installation and maintenance of landscaping in accordance
with this article is intended to achieve, in appropriate locations,
the following purposes, among others: improve and enhance the character
of the site; screen or filter views, where necessary; unify the various
parts of the site; blend inharmonious land uses; buffer incompatible
uses; remove air pollutants; control glare and reflection; slow the
effects of erosive winds or water and promote stormwater retention,
thereby helping to prevent flooding; assist in directing safe and
efficient traffic flow at driveways and within parking lots; insure
adequate sight distance; reduce the impacts of glare from headlights;
distinguish and separate vehicular and pedestrian circulation paths;
and retain the rural and suburban character of the Township.
C.
In specified instances, the Planning Commission is granted discretion
in applying the standards and requirements of this article, in order
to encourage and permit innovative and creative landscape design consistent
with the purposes of this article. Applicants are encouraged to provide
landscaping in addition to the minimum required, so as to improve
the function, appearance and value of properties within the Township.
A.
The standards and requirements specified in this article shall apply to any land use for which site plan review is required under the terms of this chapter. Accordingly, the provisions of this article shall not apply to land uses exempt from site plan review as stated in § 450-22.03 of this chapter.
B.
The requirements of this article shall be complied with to the extent reasonably possible, as determined by the Planning Commission. In its review of a site plan or other plan of land use requiring a site plan in accordance with Article 22 of this chapter, the Planning Commission shall have the authority to decrease or otherwise modify the applicable landscaping and screening requirements, in consideration of the following criteria:
(1)
The amount of space on the site available for landscaping.
(2)
Existing landscaping on the site and adjacent properties.
(3)
The type of use on the site and the size of the development.
(4)
Existing and proposed adjacent land uses.
(5)
The effect which the required landscaping would have on the
operation of the existing or proposed land use.
(6)
The topographic features of the site which may create conditions
such that strict application of the provisions of this article will
result in less effective landscaping and screening than proposed alternative
landscape designs which utilize existing topographic features.
C.
If an applicant requests any modifications from the landscaping and
screening provisions of this article, the applicant shall provide
the Planning Commission with a written statement of justification,
identifying the site conditions that are stated to warrant the requested
modifications and specifying how the modifications would nevertheless
carry out the basic intent and purposes of this article.
A.
A landscape plan shall be submitted as part of the application for
site plan review, as to all land uses requiring site plan review.
The landscape plan may be incorporated within a site plan being submitted
for site plan review or for other land use approvals or it may be
a separate plan, but it shall have sufficient detail and clarity so
as to enable the Planning Commission fully to evaluate all aspects
of the proposed landscaping and to determine whether the plan complies
with the provisions of this article.
B.
The landscape plan, whether submitted as a separate plan or as part
of an overall site plan, shall include, but is not necessarily limited
to, the following:
(1)
Existing vegetation on the site and a clear indication of which
existing plants, if any, will be retained.
(2)
Existing and proposed contours of the site, shown at reasonable
intervals.
(3)
Typical straight cross section, including the slope, height
and width of berms.
(4)
The location, spacing, size and description of each plant type
proposed to be used in all landscaped areas.
(5)
A list of all plants, showing the required and proposed quantities
thereof.
(6)
Topographic features of the site which will be utilized as a
part of the landscaping of the site.
(7)
Methods and details for protecting during construction activity
any existing trees and other existing vegetation that are to be retained
on the site.
(8)
Description of a proposed landscape maintenance program, including
a statement that all diseased, damaged or dead plant materials shall
be promptly replaced.
C.
A landscape plan shall be subject to the approval of the Planning
Commission. The Commission shall review the plan in its review of
a site plan, a planned unit development, or in connection with its
consideration of other land uses for which a landscape plan is required.
The Planning Commission may approve the landscape plan, reject the
plan or approve the plan with terms and conditions and/or with modifications
authorized by the terms of this article.
All required landscaping, buffers, landscaped screens, and greenbelts
shall comply with the following standards:
A.
Minimum standards for plant material.
(1)
All plant materials shall be hardy to Kent County and be free
of disease and insects.
(2)
No substitution of plant species or sizes shall be allowed unless
approved by the Zoning Administrator, in writing.
(3)
All plant material shall be installed in such a manner so as
not to alter drainage patterns on the site or adjacent properties,
or obstruct vision for safety of ingress or egress.
(4)
All plant material shall be planted in a manner so as to not
cause damage to utility lines (above- and below-ground) and public
roadways.
(5)
All required landscaping shall be planted prior to the issuance
of a certificate of occupancy (with allowance for delay resulting
from inclement weather) or within such greater period of time as may
be permitted, in writing, by the Zoning Administrator.
(6)
All landscaping shall be hardy and shall be maintained thereafter
in a neat, healthy and orderly manner following accepted horticultural
practices. Withered, dying and/or dead plants shall be replaced within
a reasonable period of time, but not longer than one growing season.
(7)
Mulch or similar material, by itself, does not constitute landscaping.
(8)
Minimum plant sizes at time of planting shall conform to the
following requirements:
|
Tree Type
|
Minimum Size*
|
|---|---|
|
Deciduous canopy tree
|
2 1/2-inch caliper
|
|
Deciduous ornamental tree
|
2-inch caliper
|
|
Evergreen tree
|
7 feet in height
|
|
Deciduous shrub
|
2 feet in height
|
|
Upright evergreen shrub
|
2 feet in height
|
|
Spreading evergreen shrub
|
24 inches spread
|
|
NOTES:
| |
|---|---|
|
*
|
Larger or varied shrub and tree sizes may be required by the
Planning Commission to maintain a natural appearance, especially for
large areas that are planted with vegetation, such as berms, buffers,
greenbelts and landscaped screens.
|
(9)
In order for plants to achieve the required horizontal and vertical
landscaping and/or screening effects within a reasonable period of
time after initial installation, all trees, shrubs and other plants
shall be well-maintained and regularly watered to assure their continued
viability.
(10)
The overall landscape plan shall not contain more than 25% of
any one plant species.
(11)
The use of cobble stones, mulch, crushed stones, pavers, or
other nonliving material as a ground cover in planting beds shall
be minimized. Nonliving materials may be used to accent or protect
living plant material, but shall not dominate the landscape design.
(12)
Trees and shrubs in required greenbelts and buffer zones shall
be arranged in informal groupings and irregularly spaced to simulate
a natural setting, unless site specific conditions are such that a
more formal arrangement is appropriate, as determined by the Planning
Commission.
(13)
Plants that are placed in two or more rows shall be staggered.
(14)
Trees and shrubs shall not be placed closer than four feet to
a fence, wall, or property line.
(15)
Landscaping shall be provided adjacent to buildings in order
to provide shade, minimize energy demand, and/or to enhance the general
appearance of the building and site.
(16)
For the purpose of applying the landscape requirements of this
article, a corner lot shall be considered as having a front yard along
each intersecting street, and, accordingly, the required front yard
landscaping shall be provided for both street frontages.
(17)
Plant materials shall be planted and maintained so as not to
create any sight obstruction near street intersections.
(18)
Applicants shall give consideration to utilizing plant materials
to assist in stormwater management on the site, including the establishing
of rain gardens and other effective bioretention measures.
(19)
If required by the Planning Commission, prior to final site
plan approval, the applicant shall provide to the Township a financial
guarantee in the form of a letter of credit or other permitted form
of guarantee in a sufficient amount to insure the installation and
continued maintenance, for a period of two years, of all required
landscaping. The financial guarantee may be included with any other
such financial guarantee required by the Township with respect to
the land use being approved.
B.
Preservation of existing trees and other landscape elements.
(1)
A landscape plan shall provide for the preservation of existing
trees of reasonable quality whenever such preservation is feasible,
particularly in proposed greenbelts or along a public roadway. Relocation
of existing trees within the site may also be permitted.
(2)
The Planning Commission shall credit healthy, existing vegetation
that has a high probability of surviving after development toward
meeting applicable landscape requirements, to the extent that such
existing vegetation supports the intent and complies with the standards
of this article.
(3)
If trees or other vegetation which are designated for preservation
and for which landscaping credit has been given should die, then the
applicant shall replace the tree or other vegetation with a tree or
other vegetation of the same or equivalent species which will in approximately
the same time attain the same height, spread and growth of the tree
or other vegetation being replaced.
(4)
Existing trees and other vegetation that are to be preserved
shall be labeled "to remain," or with some comparable legend, on the
landscape plan. During construction, protective measures shall be
taken so as to protect all plants that are to be preserved, including
the installation of temporary fencing or other barriers.
C.
Minimum standards for berms.
(1)
Wherever a berm is used to meet the requirements of this article,
it shall have a minimum height of three feet and a maximum height
of five feet above grade, and the crest shall gently curve with a
level crown that is at least two feet wide.
(2)
Berms shall be designed to vary in height and shape to create
a more natural appearance. An unbroken earth mound of uniform height
shall be avoided.
(3)
Berms shall be planted so that they have a natural and informal
appearance; provided, however, the Planning Commission may require
a more formal design if the Commission determines that site conditions
or other landscaping factors warrant.
(4)
If appropriate, as determined by the Planning Commission, required
plant material shall be placed on the top and side slope facing the
exterior property line.
(5)
If possible, berms shall be constructed so as to maintain side
slopes that do not exceed a ratio of one foot vertical rise to three
feet horizontal distance. If topography or other site conditions prevent
this ratio, retaining walls or terracing may be permitted. If a berm
is constructed using retaining walls or terraces, the earthen slope
shall face the exterior of the site.
(6)
Areas of a berm not containing shrubs, trees, and/or perennial
flowers shall be planted with grass or other living ground cover and
maintained in a healthy condition.
(7)
Berms shall not be designed, constructed or maintained so as
to alter drainage patterns such as to have an adverse effect on adjacent
properties.
D.
Minimum standards for screen walls and fences.
(1)
All required plant material shall be on the exterior side of
a screen wall or fence.
(2)
If a wall or fence is to be constructed with openings, the openings
shall not exceed 20% of the wall or fence surface. In any case, such
openings shall not have the effect of substantially reducing the required
obscuring effect of the wall or fence.
(3)
When a screen wall or fence has both a finished face and an
unfinished face, the finished face shall be installed so that it is
directed toward the exterior side of the development site, or the
side which will be most visible to the general public, as determined
by the Planning Commission.
(4)
Screen walls and fences shall be designed, constructed and maintained
so as not to alter drainage patterns such as to result in adverse
effects on the site or on adjacent properties.
A.
Required locations.
(1)
Buffer zones.
(a)
A buffer zone shall be required along the boundary between adjoining
parcels of land in differing zoning districts as indicated in the
following Required Buffers table:
|
Required Buffers*
| |||||
|---|---|---|---|---|---|
|
Zone District
|
R-3
|
R-4[1]
|
B-1
|
B-2
|
I
|
|
RR
|
C
|
C
|
B
|
B
| |
|
R-1
|
C
|
C
|
B
|
B
|
A
|
|
R-2
|
C
|
C
|
B
|
B
|
A
|
|
R-3
|
B
|
B
|
A
| ||
|
R-4[2]
|
B
|
B
|
A
| ||
|
LR
|
B
|
B
|
A
| ||
|
B-1
|
C
| ||||
|
B-2
|
C
| ||||
|
I
| |||||
|
NOTES:
| |
|---|---|
|
*
|
In the above table, the zone district of the subject property is the zone district listed in the left-hand column below "Zone District"; the relevant zone district that is the district adjacent to the subject parcel of land located in the zone district listed in the left-hand column is the district respectively indicated in the five zone district columns under the title "Required Buffers." The letter abbreviations shown in the five columns under "Required Buffers" are those specified in the table in Subsection B of this section.
|
(b)
Where properties in two different zoning districts abut one
another, a buffer of the type specified shall be located on the more
intensive of the two districts.
(2)
Buffer zone requirements shall not apply where adjacent zoning
districts are separated by a public street. In such case, the greenbelt
requirements of this article shall apply.
(3)
A buffer zone shall be required even if the abutting parcel
is unimproved land.
(4)
When any developed property is changed to a more intense land
use, or a special land use or other use as to which site plan review
is required, a buffer zone shall be provided in compliance with this
section.
B.
Minimum standards for buffer zones.
(1)
Buffer zones specified in this section shall comply with the
following requirements:
|
Requirements
|
Buffer Zone
| ||
|---|---|---|---|
|
A
|
B
|
C
| |
|
Minimum width
|
50 feet
|
30 feet
|
20 feet
|
|
Canopy trees
|
3*
|
3*
|
2*
|
|
Ornamental trees
|
4*
|
2*
|
2*
|
|
Evergreen trees
|
5*
|
3*
|
2*
|
|
Shrubs
|
10*
|
6*
|
4*
|
|
NOTES:
| |
|---|---|
|
*
|
Number of specified trees or shrubs required to be planted and
maintained for each 100 linear feet of required buffer zone, as measured
along the relevant property line.
|
(2)
If a berm, screen wall, or fence is used for all or part of
the buffer zone, required plant material quantities may be reduced
by 25% along that portion of the buffer zone. The berm, wall or fence
shall comply with minimum standards contained in this article.
(3)
All areas of the buffer zone outside of planting beds shall
be planted with grass or other living ground cover.
(4)
Landscape materials shall conform to all applicable standards in § 450-26.04A.
(5)
Stormwater detention/retention areas shall be permitted within
buffer zones, provided that they shall not have the effect of reducing
the required screening effect of the buffer zone, nor impair the effective
growth or survival of trees, plants and other vegetation in the buffer
zone.
A.
Required locations.
(1)
Greenbelts shall be required in the following circumstances,
except as may be provided elsewhere in this article:
(a)
Within any required yard abutting a street, except for single-family
and two-family dwellings on individual lots.
(b)
Along the street side of any parking lot in the B-1, B-2, and
I Districts.
(c)
Around any nonresidential parking lot abutting, facing, or within
100 feet of a residential district.
(2)
Except for necessary driveways, frontage roads, service drives,
or walkways, a required greenbelt within a yard abutting a street
shall extend the full width of the lot.
B.
Minimum standards for greenbelts.
(1)
A required greenbelt shall be landscaped in accordance with
the following:
(2)
The minimum width of a required greenbelt shall correspond to
the building or parking setback requirements (whichever is less) prescribed
for the district, but shall not be less than 10 feet.
(3)
In the case of any parking area subject to the requirements
of this article which abuts or faces a public right-of-way, the required
greenbelt separating the parking area from the public road right-of-way
shall be planted with a three-foot-high continuous landscaped screen,
to be maintained, comprised of trees, other plant material, berms,
or any combination of these elements in addition to the minimum greenbelt
landscape requirements.
(4)
Greenbelt landscaping shall be located so it does not obstruct
the vision of drivers entering or leaving a site.
(5)
If berms are incorporated into the greenbelt, the required quantities
of plant material may be reduced by 25%.
(6)
Stormwater detention/retention areas shall be permitted within
required greenbelts, but they shall not have the effect of reducing
the sufficient screening of the greenbelt, nor impair reasonable growth
and survival of trees, plants and other vegetation in the greenbelt.
A.
Required locations.
(2)
Solid waste dumpsters may be located in buffer zones, provided
they are screened by a continuous opaque wall or fence six feet in
height.
(3)
Screening specified by this section shall be planted and maintained,
even if adjacent parcels are unimproved.
(4)
If any developed parcel is changed to a more intense land use,
a special land use or other land use for which site plan approval
is required, screening shall be provided in accordance with this section.
B.
Minimum standards for screening.
(1)
Unless otherwise permitted in accordance with this section,
a required screen shall be comprised of a solid, sight-obscuring fence
or wall complying with the following specifications:
(a)
Six feet high.
(b)
Enclosed on all sides and not containing any openings other
than a gate for access which shall be closed at all times when not
in use; provided, however, this standard shall not apply to a screen
around loading/unloading areas.
(c)
Constructed of masonry, treated wood, or other material approved
by the Planning Commission if determined to be durable, weather resistant,
rust-proof, and easily maintained. Chain-link and barbed-wire fences
are not permitted.
(2)
If approved by the Planning Commission, the required screen
may be comprised of berms or plant material, in combination with or
as a substitute for a fence or wall, upon a determination that the
alternate materials will provide the same degree, or better, of opacity
and screening required by this section.
All motor vehicle parking areas containing more than 10 parking
spaces shall be landscaped according to the following minimum requirements:
A.
One tree for every 10 parking spaces shall be planted within the
parking area. Such trees shall be canopy species, such as red maple,
locust, sycamore, oak, male gingko, linden and comparable species.
While drought-tolerant native species are preferred, other species
of canopy trees may be planted within parking areas if approved by
the Planning Commission.
B.
Parking lots shall contain curbed landscape islands. Each island
shall be a minimum of 10 feet wide, although islands may be combined
to ensure a better environment for tree and plant growth. Each island
shall be planted with a minimum of two trees to provide shade and
to break up the visual monotony of large paved parking lots. Trees
shall be planted at least three feet from the edge of the island to
avoid contact with vehicles.
C.
Landscaping in parking areas shall be arranged so as not to obscure
traffic signs or fire hydrants or obstruct drivers' sight distance
within the parking area and at driveway entrances.
D.
All landscape areas shall be protected by raised curbs, parking blocks
or other similar methods.
E.
If any parking area subject to the requirements of this section abuts
or faces a public road right-of-way, the required greenbelt separating
the parking area from the public road right-of-way shall contain a
three-foot-high continuous obscuring screen, comprised of plant material,
berms, or any combination of these elements in addition to the minimum
greenbelt landscape requirements.
F.
Landscaping required for a buffer zone which abuts the parking area
and front yard landscaping which abuts a parking area may in total
apply toward not more than 50% of the required parking area landscaping.
A.
The Township encourages the use of innovative landscaping measures
as elements of an approved stormwater drainage system. Such measures
may include a combination of permeable soils, grading and the planting
of perennials, grasses and similar plants whereby rainwater in such
locations will be readily absorbed into the ground, rather than flowing
off the site or into improved areas. Such measures, regularly maintained,
will improve the attractiveness of a site as well as contribute to
effective control of stormwater.
B.
As a means of encouraging the installation and continued maintenance of such innovative landscaping measures in a stormwater drainage system in a development, subject to Township approval, the Township and the applicant may enter into a development agreement whereby the Township, if otherwise authorized, would agree to modify or waive specified minimum land use requirements, and the applicant would correspondingly agree to design, install and maintain such innovative landscaping measures as described in Subsection A as part of an approved stormwater drainage system.
(1)
If the development is a planned unit development (PUD), the
provisions of such an agreement may instead be adopted in the PUD
ordinance, or may be included by reference therein.
(2)
In approving a residential planned unit development (R-PUD) or a mixed-use planned unit development (M-PUD) under Articles 15 and 16, respectively, for example, the Township may modify minimum provisions of the existing zoning district, or other applicable provisions, to the extent that they would otherwise apply in the PUD, as provided in §§ 450-14.02E and 450-14.06. Such minimum provisions of or pertaining to an existing zoning district which the Township is authorized to modify in the approval of an R-PUD or an M-PUD are minimum lot area, minimum lot width, minimum required building setbacks, maximum lot coverage, minimum street frontage, minimum building floor area, maximum number of dwelling units per multiple-family dwelling, off-street parking, private roads, accessory buildings, landscaping, outdoor lighting and signage.
