[HISTORY: Adopted by the Mayor and City Council
of the City of Havre de Grace 8-3-2020 by Ord. No. 1037. Amendments noted where
applicable.]
This chapter shall be known and cited as the "City of Havre
de Grace's Sustainable Landscape Regulations." These regulations
shall include the text, graphics and regulations, and any amendments
thereto.
A.
The purpose of the landscaping regulations contained in this chapter
is to enhance health and safety, as well as the quality of life in
the City of Havre de Grace ("City"). These regulations are also intended
to aid in the reduction of noise, heat, and glare; minimize erosion
and sedimentation; and establish a healthier natural environment.
B.
These regulations are also designed to promote sustainable landscapes
within the City, conserve and restore healthy soils, reduce the use
of irrigation for landscapes, improve the quality of surface waters,
reduce energy consumption, provide wildlife habitat, and protect and
restore native plant communities.
A.
A landscape plan, consistent with the provisions of this chapter,
shall be required for preliminary subdivision plans and all site plans.
The landscape plan shall be submitted in conjunction with the initial
preliminary subdivision plan and/or site plan submission.
B.
To the extent possible, and consistent with this section, properties
being redeveloped shall meet the landscaping requirements of this
chapter, as approved by the Director of Planning.
As used in this chapter, the following terms shall have the
meanings indicated:
Portion of the root system that is the minimum necessary
to maintain vitality or stability of the tree. Encroachment or damage
to the critical root zone will put the tree at risk of failure. The
CRZ equals 12 inches of radius from the trunk for each inch of trunk
diameter measured at 4.5 feet above ground level.
The diameter of a tree trunk in inches, at 4.5 feet above
ground level.
An area on the ground defined by the outermost circumference
of tree canopy.
A nonnative plant that reproduces more rapidly, outcompetes,
and displaces native plants in the landscape. Invasive plants shall
include those listed by the Maryland Department of Natural Resources.
The area not occupied by structures, roads or parking. It
includes existing and proposed plant materials, such as trees, shrubs,
and perennials; natural materials, such as rocks, earthen berms and
water; and man-made materials, such as sculpture, art, walls, fences,
paving materials, and outdoor furniture.
For the purposes of the City, a plant species that occurred
in Maryland prior to European settlement. The native status of plants
may be confirmed through the www.plants.usda.gov web site, using the
native status maps for each specie. For purposes of this chapter native
plant shall include native shade tree, native street tree, native
shrub, native ground cover, native grass, and native perennial.
An excavated shallow surface depression planted with specifically
selected native plants to treat and capture runoff.
Restriction of objectionable views to intensive use or utility elements of a site by landscape plantings, berms, walls, and fences according to § 102-10.
A landscape that balances the needs of people, the economy,
and the environment. A landscape which reduces energy consumption,
protects soils, improves surface water quality, reduces the need for
irrigation, and protects Native Plant communities.
A.
The landscape plan shall contain the following information:
(1)
Certification, including signature, seal, and date, by a landscape
architect registered by the State of Maryland. For minor subdivisions
of up to three lots, the plan is not required to be sealed by a landscape
architect.
(2)
The plan shall be drawn at a scale of not less than one inch
equals 100 feet, unless a different scale is approved by the Director
of Planning.
(3)
The location of all existing and proposed structures, fences
and walls; streets; parking/loading areas; utilities; lighting; rights-of-way;
and easements.
(4)
The location of all existing and proposed outdoor storage and
trash receptacle areas.
(5)
Adjacent land uses and zoning classifications.
(6)
The location and general type of existing vegetation. Any existing
vegetation to be removed shall be noted on the plan.
(7)
A plant list or schedule, indicating scientific and common names,
required and proposed quantities, spacing, native plant status, and
size of all proposed landscape materials at the time of planting shall
be provided.
(8)
The plant list or schedule must also include any plant symbols
used on the plan drawing and the expected mature spread of each plant.
(9)
Existing soil types and proposed topography shall be shown.
(10)
Proposed protection of existing trees to remain, and details
of the protection.
(11)
Location and description of other landscape improvements, such
as earth berms, walkways, raised beds, sculptures, fountains, street
furniture, lights, and paved areas.
B.
Crime Prevention Through Environmental Design (CPTED) standards shall
be considered in the development of the landscaping plan. A copy of
the landscape plan shall be provided to the Havre de Grace Police
Department for review and comment prior to approval of the plan.
A.
No topsoil may be removed from the site until a minimum of four inches
of topsoil has been redistributed over all areas to receive turf,
and eight inches in areas of trees and shrubs.
B.
Areas to be landscaped shall not be used for uses such as waste dumps
or parking areas during construction. Any material, such as construction
debris or substances toxic to plants, shall be removed prior to the
placement of topsoil.
C.
At least two soil tests shall be performed on the topsoil to be redistributed,
including organic material percent. Results and recommendations shall
be furnished to the City representative and landscape contractor before
plants arrive on site, or permanent turf is seeded.
A.
Mature trees over six inches in caliper shall be maintained and preserved
and incorporated into the overall planting design, where feasible.
These trees shall be identified on the landscape plan as existing
trees to be preserved. A developer may make a request in writing to
the Director of Planning to remove existing trees over six inches
in caliper. The request must provide a justification for removal of
the tree(s).
B.
An existing tree shall be considered preserved if there is no disturbance
within the tree's dripline, or critical root zone, whichever
is greater. Disturbance includes earth disturbance, earth compaction,
vehicular and foot traffic, material stockpiling, and/or the construction
of any proposed improvements and utilities.
C.
The following conservation practices are mandatory and shall be noted
on grading and erosion and sediment control plans, and employed in
order to preserve existing trees. In addition to the other requirements
specified in this section, these conservation practices shall be undertaken
during land development activities. Prior to any clearing or site
disturbance, the applicant and/or site contractor shall meet with
the City to further determine methods to minimize tree loss.
(1)
All trees and other vegetation to be preserved shall be protected
from equipment damage by temporary snow fencing or other effective
barriers approved by the City. Fencing or barriers around trees shall
be placed outside the dripline. Tree protection installation must
be approved by the City prior to the start of any clearing, grading,
or other earth disturbance and monitored periodically. The tree protection
fencing shall be maintained by the applicant while in place. It shall
be removed after all earth-moving and construction activities that
may impact tree roots are completed, including contractor worker parking.
(2)
When disturbance within the critical root zone is unavoidable, applicants
shall minimize encroachment and use the best available methods as
approved by the City to minimize damage and preserve trees. These
methods may include utility tunneling, use of geo-textiles, mulching,
hand root pruning, and soil aeration.
D.
Should any mature viable trees on the site not scheduled to be removed
and counted as required landscape plantings be irreparably damaged
during site preparation activities and, as a consequence thereof,
die or decline as determined by the City, within 18 months of the
conclusion of construction activities, such trees shall be replaced
with nursery-grown material. The replacement trees shall be three-inch
caliper minimum.
Unless otherwise specified, nursery-grown plant materials shall
conform to requirements listed in the "American Standard for Nursery
Stock," ANSIZ60.1, current edition, published by AmericanHort. The
following guidelines are the minimum required for all nursery-grown
plant materials as required in this section:
A.
Plants for landscaping shall have been grown in USDA Hardiness Zones
5, 6, or 7, and within 250 miles of the City. A nursery stock certificate
and plant material invoice shall be provided to the City indicating
the location of the nursery(s).
B.
All trees, shrubs, and plants shall be sound, healthy, and vigorous,
and shall be free from disease, insects, insect eggs and larvae.
C.
No invasive plants shall be utilized. No plants listed by the state
as "noxious weeds" shall be planted. Plants used to fulfill the requirements
for native plants shall be per the definition of native plant.
D.
The type(s) of plantings shall be limited to species that will not
create conditions hazardous to the public safety within public street
rights-of-way, underground and aboveground utilities, and clear-sight
triangles, including at all intersections of streets and/or driveways.
Such hazards shall include, but are not limited to, low-hanging branches,
excessive shallow root mass, poisonous or toxic plants, and plants
with thorns, nettles and spikes.
E.
The locations, dimensions, and spacing of required plantings shall
be adequate for their proper growth and maintenance, taking into account
the sizes of such plantings at maturity and their present and future
environmental requirements, such as soil moisture and sunlight.
F.
For projects located within the Chesapeake Bay Critical Area, all
plant material must be native plants.
G.
Shade trees for all requirements shall have a minimum caliper of
two inches at installation. Shade trees shall be native plants.
H.
Large street trees shall have a minimum caliper of two inches at
installation, and a mature height of greater than 30 feet. A minimum
of 75% of the large street trees shall be native plants.
I.
Small street trees shall have a minimum caliper of 1.5 inches at
installation, and a mature height of less than 30 feet. Multiple-trunk
trees should be identified as such in the plant list. Multiple-trunk
trees shall be counted as one tree. A minimum of 50% of all small
street trees shall be native plants.
J.
Evergreen trees shall have a minimum height of six feet at installation.
A minimum of 50% of evergreen trees shall be native plants.
K.
Shrubs shall be spaced according to their size, growth characteristics
and intended use. Shrubs shall comply with the following requirements:
(1)
Large shrubs are defined as shrubs naturally growing to a height
of more than four feet and shall be a minimum size of two feet in
height at planting. One hundred percent of the large shrubs shall
be native plants.
(2)
Small shrubs are defined as shrubs naturally growing to a height
of less than four feet and shall be a minimum size of 18 inches in
height or 18 inches in spread, depending on variety. A minimum of
50% of the small shrubs shall be native plants.
L.
Ground cover is defined as plantings to prevent soil erosion, and
may include small shrubs, herbaceous perennials, meadows, bulbs and
annuals. Plants shall be spaced appropriate to type and size at installation.
Ground cover plants shall be spaced and seeding rates sufficient so
that 100% of the beds are covered after three years' growth.
M.
A variety of plant species are encouraged to avoid monocultures,
to encourage long-lived species and to promote wildlife habitat. Of
the required tree plantings and of the shrub plantings, no more than
33% may be of one species.
N.
To allow for design flexibility, plant material substitutions from
the requirements may be permitted at the discretion of the Director
of Planning. In such cases, the applicant must demonstrate to the
satisfaction of the Director that the general intent of the ordinances
is achieved.
O.
Trees, shrubs, and perennials that produce food for human consumption,
or can be harvested for medicinal properties, may be substituted for
any plant material required by this chapter, as long as the tree,
shrub, or perennial meets the screen, shade, safety, or engineering
objective of the planting. No invasive plants or noxious weeds may
be utilized under this section.
A.
Street trees shall be planted along all proposed streets, and in
redevelopment projects.
B.
Street tree standards include:
(2)
Trees must be balled and burlapped with the native soil in which
the tree had been growing.
(3)
Trees shall have a minimum twenty-four-inch rootball when planted.
(4)
Tree straightening shall be included in the bond for 18 months following
installation. Staking or guying are not required, but may be used
in situations of high winds or loose soil.
(5)
Large street trees shall be spaced a maximum of 50 feet. Small street
trees shall be spaced a maximum of 30 feet.
(6)
Street trees shall be planted between the right-of-way line and the
building setback line. Street trees shall be at least 10 feet from
the edge of the roadway, and at least five feet from sidewalks.
(7)
Use of multiple species is permitted, provided that along a street
the trees are similar as regards to height and spread and that similar
species are planted within single- or two-family, detached lots.
(8)
Trees shall be planted so as not to interfere with the installation
and maintenance of sidewalks, lights and utilities. Street trees shall
be set back 10 feet from underground utilities; tree canopies or crowns
at maturity shall not interfere with overhead utilities. Small street
trees may be placed beneath overhead utilities if the mature size
of the tree will not interfere with the lines, and approval is granted
by the utility company.
(9)
Existing trees to remain may count towards the required number of
street trees if the trees are between the right-of-way line and the
building setback line, are at least four inches in diameter, measured
12 inches above the ground, and are limbed up at least six feet in
height.
(10)
Street trees are the property and responsibility of the lot
owner. Maintenance of street trees, including watering, pruning, pest
control and removal, if necessary, is the responsibility of the lot
owner. If street trees die, they shall be removed and replaced by
the lot owner, with the same size and species of tree indicated on
the development plan, or alternate size and species acceptable to
the City.
(11)
The Department of Planning, in consultation with the Department
of Public Works and Tree Commission, shall develop and maintain a
list of approved tree species for large, small and shade trees.
(12)
The following tree species are prohibited: Acer platanoides
(Norway Maple) all varieties, Liriodendron tulipfera (Tulip Poplar),
Pyrucs calleryana (Bradford Pear) and other cultivars, Populus species
(Poplar) all species, Salix Species (Willow), all species.
A.
All parking lots with six or more spaces shall be designed and effectively
landscaped with trees and shrubs to:
(1)
Provide shade in order to reduce the amount of reflected heat.
(2)
Reduce the visual impact of glare, headlights and parking lot lighting.
(3)
Facilitate pedestrian circulation and safety.
(4)
Facilitate vehicular circulation by delineating driving lanes and
defining rows of parking.
(5)
Provide one shade tree within the parking lot, either in islands or divider strips for every 10 car parking spaces in the lot, or portion thereof. (See Subsections B and C.) These trees count toward the requirements of island and divider strip landscaping, and are not in addition to those requirements.
(6)
To accommodate turning maneuvers of large vehicles, trees may be
located outside of the parking area in groups, infiltration areas,
or fence rows.
(7)
Provide filtering of impervious surface runoff to one or more stormwater
infiltration BMPs as approved by the Director of Public Works.
B.
Planting islands (see diagram below) shall conform to the following
standards:
(1)
Planting islands shall be distributed throughout the parking lot,
so that one planting island, a minimum of 10 feet wide by 18 feet
long, shall be located at each end of each parking row and at intervals
of no greater than every 10 parking spaces. The island shall separate
the last parking space from the drive aisle on each end of an interior
parking row.
(2)
In a ninety-degree, double-bay parking row, the islands shall be
a minimum of 10 feet wide and 36 feet long. Angled parking lot islands
must have a minimum average of ten-foot width.
(3)
Each planting island shall contain at least one shade tree plus small
shrubs, ground cover, and/or perennials to cover the entire area at
maturity. A minimum of 50% of all trees, shrubs and perennials shall
be native plants as defined in this chapter. Shrubs shall not exceed
two feet in height.
(4)
The placement of light standards shall be coordinated with the landscape
plan to avoid a conflict with electric lines and provide adequate
lighting.
C.
Divider strips (see diagram below) shall conform to the following
standards:
(1)
Divider strips shall be placed every other bay of parking running the length of the rows of parking and landscaped with plantings of shade trees, large and/or small shrubs, and ground cover to cover the entire area at maturity. A bay of parking is the width of pavement needed to accommodate either one or two rows of parking stalls plus one access lane. The use of stormwater infiltration BMPs is strongly recommended in divider strips, where conditions are appropriate, and in accordance with Chapter 169 of the City Code.
(2)
Divider strips shall be a minimum of 10 feet wide unless a sidewalk
is proposed within the divider strip. If a sidewalk is proposed within
the strip, the sidewalk must be placed to one side. The divider strip
shall be increased in width by five feet to accommodate the sidewalk.
(3)
A minimum of one shade tree and three large or small shrubs shall
be required for each 30 feet of divider strip. The plants need not
be spaced evenly apart; however, the maximum spacing shall be 50 feet.
Shrubs near the ends of divider islands shall not exceed two feet
in height at maturity so as not to block visibility. This shall not
preclude the use of taller shrubs elsewhere within the divider island.
Plants shall be at least 50% native plants. Native ground cover, perennials
or shrubs shall be installed over the remainder of the divider island
to stabilize the soil and slopes.
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Parking Lot Illustration
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D.
Parking lot perimeter landscaping shall be provided to visually screen
parking lots, limit glare from headlights and enhance the community
streetscape character, and shall conform to the following standards:
(1)
The landscape strip shall have a minimum width of 10 feet measured
from the street right-of-way or property line. Parking lots set back
more than 50 feet from the property line shall have the perimeter
landscaping width measured from the edge of the parking lot.
(2)
Within the landscape strip, the screening shall consist of a combination
of trees, shrubs, ground cover or earthen berms to provide a minimum
four-foot-height screen along property lines, and a minimum three-foot-height
screen along streets.
(3)
Parking lot perimeter landscaping shall be broken only at points
of vehicular or pedestrian access, and shall comply with height limitations
in clear-sight triangles.
(4)
The plants shall provide an immediate visual screen of 50%, and an
effective visual screen of 75% within three years.
E.
Plantings shall be placed between car parking lots and buildings
to break up long stretches of facade, shade the building, and provide
a more comfortable pedestrian environment.
(1)
Plantings are required for all sides of a building facing car parking areas. Plantings are not required along the sides of buildings containing service or loading areas. If part of a side of the building faces parking, only that portion is subject to these requirements. Loading areas must be appropriately screened according to the requirements of § 102-10.
(2)
The minimum planting requirement shall be one shade tree or small
street tree, and 10 large or small shrubs per 50 feet of building
facade.
(3)
At least 60% of the plantings shall be evergreen, and at least 50%
shall be native plants.
Screening is required for outdoor storage, off-street loading,
trash collection areas, and outdoor mechanical and fuel equipment.
Screening shall provide reduction of views, light and noise.
A.
Screening may include evergreen landscape plantings, berms, walls,
and fences.
B.
Screens shall provide a 100% visual barrier to the element at a height
of four feet at the time of installation. Screens shall provide a
100% visual barrier to the element at a height of six feet within
two years. Landscape plants shall be placed in multiple staggered
rows.
The estimated or, if known, the actual cost of all landscape
materials depicted on the approved landscape plan and installation
costs shall be provided and be financially secured, guaranteed and
maintained consistent with the following subsections:
A.
All landscape improvements to be provided shall be installed and
maintained by accepted practices as recognized by the American Nursery
and Landscape Association (ANLA). Planting and maintenance of vegetation
shall include, as appropriate, but not necessarily be limited to,
provisions for surface mulch, staking and guying, tree straightening,
irrigation, fertilization, insect and disease control, pruning, mulching,
weeding, and watering.
B.
The applicant shall make arrangements acceptable to the City that
all landscape improvements installed in accordance with this chapter
shall be guaranteed and maintained in a healthy and/or sound condition,
or otherwise be replaced by equivalent improvements, for a period
of 18 months following their installation, except as may otherwise
be required by this section.
C.
After installation and prior to commencement of the guarantee period
required above, the City shall perform an inspection of the finished
site for compliance with the approved landscape plan. Provided the
finished site is found to be in compliance, the first eighteen-month
guarantee period shall commence five days from the date of inspection.
All plants shall be in a vigorous and thriving condition at the end
of the eighteen-month period as determined above. Final inspection
of the site following the eighteen-month period will be made by the
City. It is recommended that trees and shrubs be planted between September
15 and November 1 or between March 1 and May 1.
D.
Plants found to be in poor health during the eighteen-month guarantee period shall be replaced with nursery-grown plants, in accordance with the approved landscape plan, within 30 days of being notified by the City. If notification is made out of season, replacements shall be made during the next planting season. If the original plants declined due to poor species selection, substitute plants, determined by the City to be more suitable for the site's environmental conditions or planting scheme, shall be used, and a modified landscape plan shall be filed with the City. Replacement plants shall be inspected by the City after installation. All replacement plants shall be subject to a new eighteen-month guarantee period and inspections by the City as prescribed in Subsections B and C above.
E.
Where accidental damage or vandalism of plants occurs, the applicant
shall replace the damaged plant material in accordance with the original
or an approved modified landscape plan.
F.
The applicant shall be required to post financial security for the
maintenance and/or replacement of the proposed vegetation, including
compensatory plantings, during the eighteen-month guarantee period.
The amount of the financial security shall be equal to 110% of the
amount of the cost estimate submitted with the approved landscape
plan. In addition, financial security shall be required for existing
trees to remain where soil disturbance is within the dripline, if
the trees are counted toward any requirement of the Sustainable Landscaping
Ordinance. Financial security is not required for existing preserved
trees outside the construction limits or for material not being used
to satisfy the minimum requirements of this chapter.
G.
The applicant shall make arrangements acceptable to the City for
the long-term landscape maintenance of common lands and facilities.
The applicant shall provide the names, addresses and telephone numbers
of those persons or organizations who will be assuming such responsibilities.
Landscape improvements required by this chapter shall be the subject
of suitable restrictive covenants and, if practicable, rules and regulations
governing the use and maintenance of common land and facilities, which
covenants, rules and regulations shall be in form and substance acceptable
to the City Attorney and, in the case of covenants, recorded as encumbrances
running with the land on which the improvements are installed. The
covenants, rules and regulations shall, without limiting the foregoing,
require the maintenance and replacement, and prohibit the destruction
or removal, of all landscape materials and improvements depicted on
the approved landscape plan, empower the City to enforce said obligations,
and prohibit the amendment or termination of any of the mandatory
terms thereof without the express joiner of the City.
Upon presentation of proper credentials, the City may enter
at reasonable times upon any property within the City to inspect the
condition of the landscape in regard to any aspect regulated by this
chapter.
A.
Any approval issued by the City pursuant to this chapter may be suspended
or revoked for:
(1)
Noncompliance with or failure to implement any provision of the approved
landscape plan or agreement.
(2)
A violation of any provision of this chapter or any other applicable
law, ordinance, rule, or regulation relating to the regulated activity.
(3)
The creation of any condition or the commission of any act during
the regulated activity which constitutes or creates a hazard, nuisance,
pollution, or endangers the life or property of others.
C.
An approval that has been revoked by the City cannot be reinstated.
The applicant may apply for a new approval under the provisions of
this chapter.
D.
If a violation causes no immediate danger to life, public health,
or property, at its sole discretion, the City may provide a limited
time period for the lot owner to correct the violation. In these cases,
the City will provide the lot owner, or the lot owner's designee,
with a written notice of the violation and the time period allowed
for the lot owner to correct the violation. If the lot owner does
not correct the violation within the allowed time period, the City
may revoke or suspend any, or all, applicable approvals pertaining
to any provision of this chapter.
Any person or entity found to be in violation of this chapter
shall be guilty of a misdemeanor. If any unlawful act is continuing,
then each day during which such violation continues shall be considered
a separate offense. In addition to any criminal penalty which may
be imposed, all the provisions of this chapter may be enforced by
petition for injunction filed on behalf of the Mayor and City Council
of Havre de Grace.
The Board of Appeals has the authority to grant variances from
the requirements of this chapter when the literal enforcement of the
requirements imposes practical difficulty or an unreasonable hardship.
A property owner may seek a variance to the requirements of this chapter
by filing an application with the Department of Planning in accordance
with the City Code and standards established by the Department. The
Board of Appeals must make the following findings in order to grant
a variance:
A.
The applicant has established that there are practical difficulties
in complying with this chapter due to unusual conditions or circumstances
related to the property.
B.
The hardship is due to circumstances unique to the property that
have not been created by the landowner.
C.
The relief is the minimum necessary to accommodate the proposed development.
D.
The variance is in harmony with the general purposes of this chapter
and intent of the Zoning Code.
