[Added by the Planning Board 4-2-2019]
The process of development, with its alteration of the natural topography and creation of impervious cover, can have a negative effect on the ecological balance of an area by accelerating the processes of runoff, erosion and sedimentation.
A. 
The purpose of this article is to:
(1) 
Encourage quality and flexibility in streetscaping, buffering, and screening.
(2) 
Establish procedures and practices governing the protection, installation and long-term maintenance of trees, vegetation and other streetscape and buffer elements within the limits of the Town of Wolfeboro.
B. 
The purpose and intent of this article is as follows:
(1) 
To implement the recommendations of the Master Plan, including:
(a) 
To protect and enhance the gateways.
(b) 
To maintain and enhance the scenic quality of road corridors.
(c) 
To preserve and enhance the overall appearance of the Town.
(d) 
To preserve and enhance the quality of development within the Town.
(e) 
To protect and enhance property values.
(2) 
To aid in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, groundwater recharge and stormwater runoff retardation while at the same time aiding in noise, glare and heat abatement.
(3) 
To ensure that the local stock of native trees and vegetation is protected and replenished.
(4) 
To provide visual buffering and enhance the beautification of the Town.
(5) 
To safeguard and enhance property values and to protect public and private investment.
(6) 
To preserve and protect the identity and environment of the Town of Wolfeboro and preserve the economic base attracted to the Town of Wolfeboro by such factors.
(7) 
To conserve energy by providing shade in the summer and direct sun in the winter.
(8) 
To protect the public health, safety and general welfare.
(9) 
To preserve and improve the visual and environmental character of the neighborhood and the Town of Wolfeboro in general.
A. 
Streetscape, buffer and screening plans, as part of the site plan review process, shall be submitted for all commercial and multifamily residential uses. The plans shall clearly delineate the existing and proposed parking spaces or other vehicular use, access, aisles and driveways and the location, size and description of all landscape and buffer materials, including the quantity and the botanical and common names of all plants.
B. 
No streetscape, buffer, and screening plan submitted pursuant to this section shall be approved unless it conforms to the requirements of this article.
C. 
Inclusion of existing trees in the landscape design is encouraged.
D. 
All plantings shall be appropriate for the Wolfeboro hardiness zone (Zone 4, plants capable of withstanding temperatures to at least -30° F.).
E. 
75% of all acceptable plantings shall be from the tree list in the publication "Selecting Trees for Urban Landscape Ecosystems: Hardy Species for Northern New England Communities," NH Department of DRED and/or Selective Shoreland Plantings. See Attachment A.[1]
[1]
Editor's Note: Said list is included as an attachment to this chapter.
F. 
Streetscape, buffering, and screening plans shall be developed and approved as required in the Site Review Regulations, Town of Wolfeboro. In the case where a question may arise between the Town and the developer regarding a proposed streetscape, buffer and screening plan, a third party (certified landscape professional or landscape architect), as approved by the Town and the developer, may be called upon to make recommendations for Planning Board consideration, all costs to be borne by the developer.
G. 
After the implementation of the streetscape, buffer, and screening plan, a one-year performance guarantee to replace dead or dying plantings shall be required. The guarantee shall be equal to 25% of the installed cost of the streetscape, buffering, and screening plantings.
A. 
Objectives. The objectives of this section are to encourage the planting and retention of existing trees and other vegetation to improve the appearance of the streetscape/front yard areas; and to protect and preserve the appearance, character and value of surrounding properties and thereby promote the general welfare, safety and aesthetic quality of the Town of Wolfeboro.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
STREETSCAPE
A combination of physical space and vertical elements, such as trees and shrubs, the purpose of which is to maintain and improve the appearance of the public streets' corridors.
STREETSCAPE YARD
The yard area established by the front (street) setback required for maintaining existing vegetation (trees and shrubs) or the planting of new trees and shrubs to create and maintain a desirable streetscape.
C. 
General standards.
(1) 
The existing natural streetscape character shall be preserved to the extent reasonable and feasible. As an example of this, in the front yard (streetscape) area containing a stand of trees, the developer shall use care to preserve such trees in accordance with the following standards:
(a) 
All trees shall be unmistakably delineated in the field so that it is obvious to all equipment operators and other construction personnel.
(b) 
All field personnel who work directly around or in the vicinity of protected tree areas should know the techniques for preventing damage.
(c) 
Harmful practices include grading or trenching within a save area, placing backfill near trees, driving or parking equipment within the save areas, and dumping trash or hazardous material in close proximity to tree-save areas. See Attachment B.[1]
[1]
Editor's Note: The related guidelines for saving trees are included as an attachment to this chapter.
(d) 
Historic or special interest trees within the streetscape yard shall be preserved.
(2) 
In determining whether there is compliance, the Planning Board shall consider topographical constraints on design, drainage, access and egress, utilities and other factors reasonably related to the health, safety and welfare of the public which necessitated disturbance of the property without the disturbance of its natural character, the nature and quality of the landscaping installed to replace it and such other factors as may be relevant and proper. Clearing and stripping of the natural vegetation on a lot is prohibited prior to obtaining an approved streetscape, buffer, and screening plan as part of the site plan approval.
(3) 
All landscaping which is in the required streetscape areas and which is adjacent to pavement shall be protected with concrete or granite curbs or equivalent barriers (such as car bumpers, railroad ties, etc.) when necessary to protect the vegetation from vehicular damage.
(4) 
Landscaping in streetscape areas shall not obstruct the view between the street and the access drives and parking aisles near the street yard entries and exits, nor shall any landscaping which creates an obstruction of view be located in the radius of any curb return.
(5) 
Plant materials used in conformance with the provisions of this article shall be of nursery stock quality and conform to the American Standard for Nursery Stock, American Standards Institute, Inc., 1250 I Street, NW, Suite 500, Washington, D.C. 20005.
D. 
Streetscape yard area requirements.
(1) 
In cases where the zoning requires a street buffer area, landscaping requirements under the buffering section[2] shall also be followed.
[2]
Editor's Note: See § 173-27.6, Buffering.
(2) 
Shrubbery, ground cover and other planting materials shall be used to complement the tree planting but shall not be the sole contribution to the landscaping. Effective use of earth berms, existing topography and existing trees is also encouraged as a component of the streetscape and buffer plan and shall be considered as a part of the landscaping requirement.
(3) 
All newly planted trees shall be planted in a permeable area of no less than a three-foot-wide radius from the base of the tree.
(4) 
Minimum requirements.
(a) 
The following minimum streetscape requirements shall be required in the yard area adjacent to any platted right-of-way in an area equal to the front setback requirements as established by the applicable zoning district:
[1] 
One canopy tree of at least three-inch caliper per each 1,000 square feet of yard area, half of which may be evergreen.
[2] 
One shrub at least two feet in height per 500 square feet of yard area.
[3] 
The Planning Board may, based on the guidance of a certified landscape professional or landscape architect, permit existing living vegetation to be used to satisfy all or a portion of these requirements.
(b) 
The aforementioned requirements are minimum standards and do not express the landscaping design layout.
A. 
Objectives. The objectives of this section are to encourage the planting and retention of existing trees and other vegetation to preserve the appearance, character and value of surrounding properties; to establish buffer strips between properties of different land uses in order to reduce the effects of sight and sound and other incompatibilities between abutting land uses; and to ensure that noise, glare and other distractions within one area do not adversely affect activity within the other area.
B. 
Definitions. As used in this section, the following terms shall have the meanings indicated:
BUFFER
A combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other.
BUFFER YARD
The yard area required on a more intensively developed lot for plantings and architectural screening. The buffer yard is intended to mitigate some of the adverse impacts of more intensely developed properties. The buffer yard width shall be established per the standards set forth in Table 1,[1] and the depth shall be equal to the length of the impacted property line or the limits of site development plus 50 feet, whichever is less.
[1]
Editor's Note: Table 1 is included at the end of this section.
C. 
Buffer yards, when required.
(1) 
A buffer yard shall be required of any lot in any zoning district, except lots within the Central Business District, South Wolfeboro Limited Business District and the Bay Street Limited Business District that do not share a boundary line with a lot which lies in any residential district, when the proposed use of a lot abuts a lot of a lower intensity use. Historic or special interest trees within the buffer yard shall be preserved.
(2) 
When a public right-of-way separates lots of different intensities, buffer yards shall be provided on any side or rear of the higher intensity use that abuts the right-of-way as per the table below. The buffer yard shall be required in the front yard of use groups classified as Use Intensity 4 or 5.
(3) 
When a site plan is submitted to modify or expand an existing building or site improvements, or accommodate a change in land use, buffer yard and screening requirements shall only be applied to those portions of the site that are directly affected by the proposed improvements, or change in land use, as determined by the Planning Board.
D. 
Buffer yards, general standards. Buffer yards shall contain vegetative plantings and/or architectural screening that achieves the purpose of the buffer yard, and which meets the requirements for buffering below. Trees used for buffering purposes shall be suitable as defined below "Screening, general standards."[2]
(1) 
The maximum slope of any buffer yard shall be 2 to 1. Additional width shall be added to any portion of any buffer yard that exceeds this slope such that the minimum buffer yard width is met by land less steep than 2 to 1.
(2) 
The buffer yard shall be located entirely within the higher intensity use lot and abutting a lower intensity use lot or adjacent right-of-way. However, the buffer yard may be placed in the lower intensity use lot or partially on both lots if both lots and entire buffer yard width are within common ownership and a permanent easement is provided over any portion of the buffer yard not on the higher intensity use lot.
(3) 
A driveway required to serve the principal structure on the site may exist in the buffer yard; provided, however, that the driveway does not lessen the effectiveness of any required side or rear buffer yard.
(4) 
Buffer yards shall be maintained in a natural condition free of structures, loading or storage areas, parking, roads, or driveways except as provided for in Subsection D(3) above.
(5) 
Buffer yards required by this section shall be applied equally to all similarly situated properties. Modifications to these standards may be granted in writing by the Planning Board if the Planning Board, after consultation with a certified landscape professional or landscape architect, finds any of the following circumstances exist on the proposed building site, or surrounding properties:
(a) 
Natural land characteristics such as topography or existing vegetation on the proposed building site would achieve the same intent of this section.
(b) 
Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening or buffering effect.
(c) 
The required buffering would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site.
(d) 
The topography of adjacent and surrounding sites is such as to render required buffering ineffective at maturity.
(6) 
Buffering must provide year-round opaque screening of the site.
(7) 
When the acreage of a site is significantly larger than the area proposed for physical improvements or active usage, buffer yards shall be reserved as required by this section. However, to achieve the intent of this section, the Planning Board may require an alternative location and design for required screening and plantings.
(8) 
Buffer yard dimensions and screening requirements shall be provided as detailed in the chart below:
Table 1
Buffering Requirements
Abutting Uses (lower intensity)
Proposed Uses
1
2
3
3
5
1
N/A
N/A
N/A
N/A
2
A
N/A
N/A
N/A
N/A
3
B
A
N/A
N/A
N/A
4
D
C
C
N/A
N/A
5
D
D
B
N/A
Buffer Yards
Architectural
Vegetative
A
4 screen 5 buffer yard (width) small evergreen trees
10 buffer yard (width), small evergreen trees and evergreen shrubs
B
4 screen 10 buffer yard (width) small evergreen trees
20 buffer yard (width), small evergreen trees, and evergreen shrubs
C
6 screen (width) 20 buffer yard (width) large and small evergreen trees
30 buffer yard (width), large evergreen trees, small evergreen trees, and evergreen shrubs
D
6 screen (width) 25 buffer yard (width) large deciduous and large evergreen trees
40 buffer yard (width), large evergreen trees, small evergreen trees, and evergreen shrubs
Land Use Intensity
Classifications for Buffer Yard
1
2
3
4
5
1. Single-family
1. Multifamily
1. Personal services
1. Manufacturing
1. Boat storage
2. Duplex
2. Professional office
2. Retail
2. Marinas
2. Self storage
3. Vacant
3. Medical offices
3. Movie theatres
3. Service stations
3. Warehousing
4. And the like
4. Bed-and-breakfast
4. Banks
4. Hospitals
4. Bulk storage of volatile fuels
5. Governmental uses (offices) arts
5. Museums
5. Car dealerships
5. Metal shops
6. Educational facilities
6. Cultural arts
6. Governmental uses
6. Storage and use of heavy equipment centers
7. And the like
7. Restaurants
(all others)
7. Lumber yard
8. Laundries
7. And the like
8. And the like
9. Inns
10. Elderly housing
11. Church
12. And the like
[2]
Editor's Note: See § 173-27.7D.
A. 
Objectives. The objectives of this section are to ensure that noise, glare and other distractions within one area do not adversely affect activity within the other area.
B. 
Screening definitions. As used in this section, the following terms shall have the meanings indicated:
SCREENING
Fences, enclosures, or walls, softened by planting, the purpose of which is to prevent objectionable items and/or activities from adversely impacting abutting properties.
C. 
Screening, when required.
(1) 
If the buffering requirements of this article do not provide adequate screening of the following items, then screening shall be provided, in addition to the requirements listed below, for:
(a) 
All articles or materials being stored, maintained, repaired, processed, erected, fabricated, dismantled, or salvaged, such that the activity is not visible from surrounding properties or roads.
(b) 
Refuse storage and loading areas, such that these activities are not visible from surrounding properties or roads.
(c) 
Rooftop and ground level mechanical equipment, such that it is not visible from surrounding properties or roads.
(2) 
All trash dumpsters or containers used for recycling shall be screened with architectural screening.
D. 
Screening, general standards.
(1) 
Screening shall be continuous and in place at the time of occupancy. If vehicular or pedestrian access through the screen is necessary, the screening function shall be preserved.
(2) 
Screening may be architectural or vegetative, per the requirements below:
(a) 
Acceptable architectural screening materials include stockade fences, decorative masonry walls, brick walls, and earth berms, and other like materials approved by the Planning Board.
(b) 
Architectural screening shall be at least four feet in height and shall be supplemented with plantings.
(c) 
Vegetative material shall be alive and in good health.
(d) 
Small evergreen trees shall be at least four feet in height at planting and allowed to grow to at least six feet in height. Large evergreen trees shall be at least six feet in height at planting and allowed to grow to at least 10 feet in height. All required vegetation shall be maintained in good condition.
(e) 
Deciduous trees shall be at least three inches in caliper and 10 feet to 12 feet in height. They shall be supplemental and not deemed to be adequate screening in themselves.
(f) 
Acceptable vegetative plantings include any tree listed in the "Selecting Trees for Urban Landscape Ecosystems: Hardy Species for Northern New England Communities," NH Department of DRED, or "Selected Shoreland Plants" from A Guild to Developing and Redeveloping Shoreland Property in New Hampshire streetscape and buffering purposes; or similar dense hedge. Plantings must be effective when dormant.
E. 
Screening design and development shall be compatible with the existing and proposed land use and the development character of the surrounding land and structures.
(1) 
Screening shall be of sufficient density and diversity to achieve the intent of this section. However, at the time of planting, the spacing of trees shall not exceed 12 feet on center, and the planting pattern shall be staggered. Shrubbery shall be more closely spaced. Specific exceptions to this requirement may be granted by the Planning Board to encourage quality and creativity of design where the intent of this section is met.
(2) 
Existing vegetation within buffer yards shall be considered as a substitute for otherwise required landscaping or screening if, in the opinion of the Planning Board, the type, size, and density of the existing vegetation complies with the standards and intent of this section.
(3) 
When a proposed buffer yard has a variation in elevation of greater than 10 vertical feet at any point, the required screening or landscaping within the yard shall be placed to maximize the effectiveness of the screening or landscaping, as determined by the Planning Board.
(4) 
Trees planted to meet any of the screening requirements may also be used to meet any other landscaping requirement within this article.
(5) 
Screening required by this section shall be applied equally to all similarly situated properties. Modifications to these standards may be granted in writing by the Planning Board if the Planning Board finds any of the following circumstances exist on the proposed building site or surrounding properties:
(a) 
Natural land characteristics, such as topography or existing vegetation on the proposed building site, would achieve the same intent of this section.
(b) 
Innovative landscaping or architectural design is employed on the building site to achieve an equivalent screening or buffering effect.
(c) 
The required screening and landscaping would be ineffective at maturity due to the proposed topography of the site, and/or the location of the improvements on the site.
(d) 
The topography of adjacent and surrounding sites is such as to render required screening ineffective at maturity.