A.
All uses requiring tree removal, landscaping, buffering, and vegetation/forest
protection shall meet the appropriate provisions of this article.
The provisions of this article are considered minimum standards. The
Town recognizes that due to the peculiarities of any given site and
development proposal, the inflexible application of these landscape
improvement standards may result in impractical or unnecessary site
improvements that contribute little value toward enhancing the appearance
of the development. Therefore, the Town (through the Planning Commission
or Zoning Inspector) may permit deviations from the presumptive requirements
of this article when the applicant can demonstrate that the proposed
land planning, site planning, architectural or landscape architectural
design solutions offer the appropriate "'appearance" desired for development
and growth in the Town. For projects requiring overlay zoning designations,
variances or special exceptions, the Planning Commission may require
additional landscape improvements.
[Amended 7-12-2023 by Ord. No. 540]
B.
Subject to a review and comment from the Town Engineer, minimum landscape
requirements can be modified or waived to permit small-scale stormwater
management practices, nonstructural techniques, and better site planning
that mimics natural hydrologic runoff characteristics and minimizes
the impact of land development on water resources. These techniques
are referred to as Environmental Site Design (ESD).
A.
Landscape, buffering, and vegetation/forest protection design shall
be developed and integrated with the site plan or subdivision design.
It shall be conceived in a total pattern across the site, integrating
the various elements of site design, preserving, and enhancing the
identity of the site.
B.
Required landscape improvements shall include plant material types
suitable and consistent with flora and fauna of the region. Landscape
improvements may include other elements, including rocks, water, sculpture,
art, walls, fences, paving materials, and street furniture.
C.
Landscape plans must be submitted with all applications for development
and construction activities that are subject to the landscape, screening,
and/or buffer regulations of this article. No building permit or similar
authorization may be issued until the Zoning Inspector determines
that the landscaping and screening regulations of this article are
met.
D.
Sites or development activities under the jurisdiction of the Town
Forest Conservation Ordinance must also meet the requirements of that
ordinance, subject to possible overlapping credits outlined herein.
A.
When required. A landscape plan shall be required during the preliminary
and final site plan and for the preliminary and final subdivision
review process. A landscape plan is required whenever landscaping
is a condition of approval for any development activity and whenever
buffer or screening standards apply. Applicants are encouraged, and
the Planning Commission may require the submission of additional sketches,
cross-sections, elevations, or other graphic elements that help convey
the design intent of landscape improvements.
B.
Landscape plans shall be prepared by a landscape architect registered
in the State of Maryland, or other person determined by the Planning
Commission or their designated representatives to be qualified.
C.
Landscape plans shall be submitted at the time of the preliminary
and final site plan or subdivision review process. They shall include
enough information to demonstrate the landscaping provided meets the
standards and achieves the intent of this chapter. At a minimum, landscape
plans shall include the following information:
(1)
Tabular data indicating landscape improvement requirements and
buffer yard requirements, including all critical area requirements.
(2)
Existing site vegetation to be cleared and/or preserved, the
general location, and type of proposed landscaping (i.e., shade tree,
evergreen tree, shrub, hedge). The location of existing specimen trees
and significant trees.
(3)
The methods and details for protecting existing vegetation during
construction and the approved sediment and erosion control plan, if
applicable.
(4)
Proposed landscape improvement locations.
(5)
Planting specifications as to plant species, plant quantity,
correct plant nomenclature, and installation size and spacing. Botanical
and common names required and proposed quantities, spacing, height,
and caliper of all proposed landscape material at the time of planting
and maturity.
(6)
Installation specifications and details, if necessary.
(7)
Planting and installation details as necessary to ensure conformance
with all required standards.
(8)
The location and description of other landscape improvements,
such as earthen berms, walls, fences, screens, sculptures, fountains,
street furniture, lights, and courts or paved areas.
(9)
A maintenance plan that describes irrigation, pruning, replacement
of dead material, and other care procedures.
(10)
Required inspection schedule and procedures.
(11)
Forest conservation afforestation or reforestation plans as
a sheet of the landscape plan set.
D.
Final landscape plans shall include on the plan drawing, at a minimum,
the following standard notes, modified to suit specific projects or
conditions:
(1)
Landscape installer shall verify the location of all underground
utilities before commencing work. The installer shall ensure that
final grades have been established, and the site is ready for landscape
installation.
(2)
Landscape installer shall maintain the landscape improvement
area in a clean condition, removing debris daily and after the installation.
(3)
The installer shall lay out all beds and position plants per
the plans, adjust as required for field conditions, and report significant
adjustments to the owner for approval before plant installation. The
application of herbicide as needed to kill and remove all weed or
grass vegetation shall comply with all state and federal regulations.
E.
Landscape planting shall be done using the industry-accepted best
landscaping practices (e.g., Landscape Contractors Association's Landscape
Specification Guidelines).
A.
Plant sources. All required plant material shall be nursery stock
conforming to the American Standard for Nursery Stock, current edition,
or relocated from on-site or other sites via nursery standard plant
handling and digging methods. The Town may reject plant material grown,
handled, or installed improperly.
B.
Plants shall minimize the amount of maintenance required, and to
promote diversity, no more than 30% of any plant type (e.g., trees,
shrubs) shall be of one species.
C.
Plants that interfere with the function of utilities, compromise
safety, obstruct views in clear sight triangles, are easily susceptible
to disease or pest infestations, or are aggressively invasive shall
be avoided to the maximum extent possible.
D.
Plant materials shall be spaced appropriately to their species and
function in the landscape. Trees shall be offset a minimum of 15 feet
from overhead utility lines, light poles, traffic signs and fire hydrants,
10 feet from underground utility lines, and, where possible, five
feet from sidewalks and driveways.
E.
Species selection. Acceptable plant species shall include most plant
material native or successfully introduced and available in the Mid-Atlantic.
Small ornamental, weeping or other low-growing varieties shall not
be utilized for street trees. Consider plant form and growth habit
when selecting plant species. Provide a mix of species and varieties
for any given project. For most subdivisions, street tree species
shall vary through the subdivision.
F.
Plant size at installation. Unless otherwise explicitly stated, all
required plant material shall conform to the following minimum size
specification at installation:
(2)
Measurement requirements by type.
(a)
Shade trees: three-and-one-half-inch caliper.
(b)
Understory trees: two-inch caliper and a minimum of seven feet
in height.
(c)
Evergreen trees: minimum of six feet in height.
(d)
Upright shrubs: 18 inches in height.
(e)
Spreading shrubs: 18 inch spread.
(f)
Ground covers or low spreading plants: twelve-inch spread.
A.
Before the issuance of an occupancy permit, the approved landscape
plan shall be implemented by the applicant. At completion, the applicant
shall request that the Town inspect the complete landscaping and issue
the appropriate approval. The Town recognizes that planting schedules
and favorable weather/climate conditions do not always coincide. The
applicant shall make every reasonable effort to coordinate building
and site construction with the landscape improvement installation
so that all project construction can be completed before the request
for occupancy permits. Upon demonstrating that some or all the required
landscape improvements should be postponed, the applicant shall post
an irrevocable financial surety equal to the estimated installation
costs. The financial surety shall be adequate to guarantee the complete
implementation of the landscape plan within two growing seasons after
occupancy or use of the site or subdivision. After installation is
complete and inspected and approved by the Town, the applicant shall
request in writing to the Town to release any unused portion of the
surety.
B.
The owner/developer shall maintain all landscape improvements, providing
adequate growing conditions to ensure healthy, vigorous plant survival
and growth. The Town reserves the right to periodically review installed
landscapes and report any significant deficiencies to the owner/developer.
Up to one year after completion of all landscaping, the Town shall
assess the landscape improvements and direct replacement or revitalization
of any deficient area. The owner shall repair or replace deficient
items within 30 calendar days.
Afforestation or reforestation plantings required under a related
forest conservation plan for the same site may be credited against
the required landscape improvements of this article only when the
plantings meet the minimum size and locational requirements outlined
in this article.
A.
Single-family detached residential subdivisions.
(1)
Street trees shall be required on all streets except for alleys
or as otherwise determined by the Planning Commission. The number
of required trees shall be provided at a ratio of at least one tree
per 50 linear feet or fraction thereof of the right-of-way line or
paving edge. Credit against this requirement may be awarded wherever
existing forest or individual trees over six-inch caliper will be
"effectively" preserved in or within five feet of the prescribed street
right-of-way. Street trees shall generally be consistently spaced,
although some clustering and massing at an accent or focal points
may be permitted. A minimum of 50% of the required street tree plantings
shall be deciduous, shade/canopy type trees as approved by the Planning
Commission.
(2)
Trees shall be planted along both sides of the street when the
development encompasses both sides of the street, and shall be installed,
behind the curb and inside the sidewalk wherever possible or otherwise
within 15 feet of the curbline.
B.
Talbot Street (MD 33) front buffer yards.
(1)
Any development requiring site plan or subdivision approval
located on a property with frontage on Talbot Street shall, at a minimum,
establish a ten-foot buffer yard along the property frontage. If it
is determined by the Planning Commission that due to the location
of the existing structures, there is no opportunity to provide a full
or partial front buffer yard, the applicant shall utilize containerized
plantings that are sited in such a manner as to minimize pedestrian
conflicts.
(2)
Uses allowed in a buffer yard shall be limited to landscaping,
sidewalks, approved signage, vegetative stormwater management features,
and access to the structure and parking area.
(3)
Landscaping will, at a minimum, include four shade and two understory
trees, 10 shrubs, and ornamental grasses for every 100 feet of buffer
length approved by the Planning Commission. Also, a vegetative screen,
landscaped berm, fence, wall, or other methods to reduce the visual
impact of any parking area front in Talbot Street shall be provided.
The vegetative screen shall have an average continuous height of three
feet.
C.
Landscaping for parking lots, nonresidential, multifamily, or mixed-use
developments.
(1)
Perimeter landscaping.
(a)
A planting strip shall be provided at least eight feet wide
adjacent to the back of any sidewalks or ten-foot wide adjacent to
the property line where no sidewalk exists. Where the parking lot
does not abut a property line or sidewalk, a ten-foot planting strip
shall be provided.
(b)
For parking lots not fronting on Talbot Street, each planting
strip adjacent to a street right-of-way shall contain a minimum of
one shade tree per 50 feet of landscape area parallel to the right-of-way,
and two understory trees per 100 feet of planning strip parallel to
the right-of-way. In addition to any required planting strip, a landscaped
berm, fence, wall, or other methods to reduce the visual impact of
the parking area shall be provided. The vegetative screen shall have
an average continuous height of three feet at installation.
(c)
Except where otherwise explicitly required by the zoning chapter,
a minimum ten-foot wide screening area shall be provided along all
abutting property lines of a residential district.
[1]
Shade trees here must be provided at a rate of at least one
tree per 50 linear feet rounded to the nearest whole number and shrubs,
ornamental grasses, and perennials, all of which must reach a minimum
height of 36 inches at maturity. Existing trees may be counted toward
satisfying the perimeter tree planting requirements.
[2]
The parking lot perimeter landscaping required must be supplemented
by the installation of a solid wood fence, wall, or comparable visual
barrier with a minimum height of six feet along 100% of the parking
lot perimeter immediately abutting an R-zoned property.
(d)
When a parking lot is located in the interior side or rear yard
of a lot abutting another lot with the same zoning classification,
minimum parking lot perimeter landscaping shall include understory
trees at the rate of one per 100 feet and shrub groupings of no less
than three live plants along at least 50% of the parking lot perimeter
along the abutting interior side and rear lot lines which must reach
a minimum height of 36 inches at maturity.
(e)
Grass or ground cover shall be planted on all portions of the
landscape area not occupied by other landscape material.
(f)
All trees shall be set back at least four feet from the edge
of paving where vehicles overhang.
(2)
Interior landscaping for parking lots.
(a)
For any parking lot containing more than 6,000 square feet of area or 15 or more spaces, interior landscaping shall be provided in addition to required perimeter landscaping. Interior landscaping shall be contained in peninsulas or islands. An interior parking lot landscape island or peninsula is defined as a landscaped area containing a minimum area of 153 square feet, having a minimum width of 8.5 feet and a minimum length of 18 feet. There shall be a minimum of four feet to all trees from the edge of paving where vehicles overhang. Each island or peninsula shall be enclosed by appropriate curbing or a similar device at least six inches wide and six inches in height above the paving surface. The Planning Commission may modify these dimensional requirements for the installation of low impact, stormwater management features. For purposes of Subsection C(2)(d) below and subject to the limits established in Subsection C(2)(e) below, up to four islands can be combined.
(b)
Where a parking area is altered or expanded to increase the
size to 6,000 or more square feet of area or 15 or more vehicular
parking spaces, interior landscaping for the entire parking area shall
be provided to the maximum extent practicable as determined by the
Planning Commission.
(c)
Landscape area. The minimum interior landscape area permitted
shall be 10% of the parking area. The interior landscaping requirement
shall be computed based on the "net parking facility." For this section,
"net parking facility" shall include parking stalls, access drives,
aisles, walkways, dead spaces, and required separations from structures,
but shall not include required street setbacks or access driveways
or walkways within such setbacks.
(d)
Landscape islands or peninsulas. All interior parking aisles
shall end in a landscape island.
(e)
Minimum plant materials. A minimum of one tree for every 250
square feet or fraction thereof of required landscape or each five
spaces of required parking or for every 161 square feet of island
or peninsula, whichever is greater, shall be required. The remaining
area of the required landscaped area shall be landscaped with shrubs
or ground cover not to exceed two feet in height or grass.
(3)
The Planning Commission may consider alternative parking area
landscaping design in cases where unique topography and site constraints
dictate such alternatives. The innovative use of planting design and
materials is encouraged and will be evaluated based on the intent
demonstrated to fulfill the stated objectives of this chapter.
A.
Applicability: features to be screened. When located on lots occupied
by residential, nonresidential, or mixed uses, the following features
must be screened from view of public rights-of-way, public open spaces
and lots used or zoned for residential purposes, as specified in this
section:
B.
Ground-mounted mechanical equipment. All ground-mounted mechanical
equipment over 30 inches in height must be screened from view by a
fence, wall, dense hedge, or combination of such features providing
at least 80% direct view blocking. The hedge, fence, or wall must
be at least as tall as the tallest part of the equipment. The hedge
must be this tall at the time of planting. (See Figure 179-1.)
|
Figure 179-1 Screening of Ground-Mounted Equipment
 |
C.
Roof-mounted mechanical equipment. Roof-mounted mechanical equipment
(e.g., air-conditioning, heating, cooling, ventilation, exhaust, and
similar equipment, but not solar panels or similar renewable energy
devices) must be screened from ground-level view in one of the following
ways (and as illustrated in Figure 179-2):
(1)
A parapet that is as tall as the tallest part of the equipment;
(2)
A screen around the equipment that is at least as tall as the
tallest part of the equipment, with the screen providing at least
80% direct view blocking and which is an integral part of the building's
architectural design.
|
Figure 179-2 Screening of Roof-Mounted Equipment
 |
D.
Refuse/recycling containers. Refuse/recycling and similar containers
must be located on an appropriately designed concrete or other paving
material pad and apron. They must be screened from view of streets
and all abutting lots with a wall or other screening material providing
at least 80% direct visual screening at least six feet in height.
Refuse/recycling containers may not be in street yards. Enclosure
doors must be located and designed so that, to the maximum extent
possible, they do not face an abutting property, sidewalk, or street.
Residential dwellings utilizing curbside pickup service are exempt
from these screening requirements. (See Figure 179-3.)
|
Figure 179-3 Screening of Refuse/Recycling Containers
 |
E.
Outdoor storage of materials, supplies, and equipment. All stored
materials, supplies, merchandise, vehicles, equipment, or other similar
materials not on display for direct sale, rental or lease to the ultimate
consumer or user must be screened by a fence, wall, dense hedge, or
combination of such features with a minimum height of six feet at
the time of installation.
Habitat protection areas:
A.
Identification. An applicant for development activity, redevelopment
activity, or change in land use shall identify all applicable habitat
protection areas and follow the standards contained in this section.
Habitat protection areas include:
B.
Standards.
(1)
An applicant for a development activity proposed for a site
that is in or near a habitat protection area listed above shall request
a review by the Department of Natural Resources Wildlife and Heritage
Service for comment and technical advice. Based on the Department's
recommendations, additional research and site analysis may be required
to identify the specific location of the habitat protection area on
or near the site.
(2)
If the Department of Natural Resources confirms the presence
of a habitat protection area, the applicant shall develop a habitat
protection plan in coordination with the Department of Natural Resources.
(3)
The applicant shall obtain approval of the habitat protection
plan from the Planning Commission or the appropriate designated approving
authority. The specific protection and conservation measures included
in the Plan shall be considered conditions of approval of the project.
A.
Purpose. The purpose of this section is to regulate the spill-over
of light and glare on operators of motor vehicles, pedestrians, and
land uses in the proximity of the light source. Concerning motor vehicles,
safety considerations are the basis of the regulations contained herein.
In other cases, both the nuisance and hazard aspects of glare are
regulated. This section is not intended to apply to public streetlighting.
B.
Site lighting shall be of low intensity from a concealed source,
shall be of a clear white light which does not distort colors and
shall not spill over into adjoining properties, buffers, roadways,
or in any way interfere with the vision of oncoming motorists.
C.
Exemption for specified outdoor recreational uses. Because of their unique requirements for nighttime visibility and their limited hours of operation, ball diamonds, playing fields, and tennis courts are exempted from the exterior lighting standards of Subsection B above subject to a determination by the Planning Commission that the outdoor recreational use meets all other requirements of this chapter and the following conditions:
(1)
The outdoor recreational uses specified above shall not exceed
a maximum permitted post height of 40 feet.
(2)
The outdoor recreational uses specified above may exceed a total
cutoff angle of 90°, provided that the luminaire is shielded in
either its orientation or by a landscaped buffer to prevent light
and glare spill-over to adjacent residential property. The maximum
permitted illumination at the interior buffer line shall not exceed
two footcandles.
E.
Exterior lighting plan. At the time any exterior light is installed
or substantially modified, and whenever a zoning certificate is required,
an exterior lighting plan is required.
F.
Photometric plans for all proposed commercial and industrial uses
are required.
G.
Illumination levels attributable to a parking lot lighting system
and any other outdoor lighting shall not exceed 0.5 horizontal footcandle
at the property line when adjacent to a residential zoning district.
[Added 7-12-2023 by Ord. No. 540]
A.
Individual trees removed on private property shall require a permit and be replaced in accordance with the Tree Replacement and Mitigation Table, unless otherwise specified by Article IV of this chapter (The Chesapeake Bay Critical Area Overlay District), or other Critical Area Commission mitigation regulations, in which case those requirements are to be applied.
B.
Replacement trees shall be Maryland native species measuring at least
4 1/2 feet in height with a minimum caliper of 1 1/2 inch
diameter breast height (dbh).
C.
Replacement trees shall be planted on site if possible; however,
the applicant may be permitted to replace trees by planting off site
in the Town of St. Michaels with such property owner authorization
or alternatively may pay a fee in lieu of planting as noted in the
Tree Replacement and Mitigation Table. (Specimen trees are at least
30 inches in diameter and a good example of a species due to their
size, shape or age.)
D.
The Town Administrator may authorize the use of such tree mitigation
funds for tree planting projects throughout the Town, for funding
individual tree planting requests in case of hardship, and for exceptions
to these requirements for projects with significant public benefit.
E.
Any planting contractor employed for this related work is required to be a licensed tree expert by the State of Maryland with associated liability and property damage insurance. Removal of dead or diseased trees requires mitigation only at A 1:1 ratio regardless of the size of the tree being removed. Replacement trees shall comply with size requirements in Subsection B above.
|
Tree Replacement and Mitigation Table
| |||
|---|---|---|---|
|
Size of the Tree Removed Measured at Diameter of Breast Height
(dbh) at 4.5 Feet
|
Number of Trees Required for Replacement of Each Tree Removed (See Subsection B above for planting size requirement)
|
Fee in Lieu of Planting - All Property Except Residential
|
Fee in Lieu of Planting - Residential Property Only
|
|
Less than 10 inches
|
1 tree
|
$250
|
$125
|
|
Greater than 10 and less than 16 inches
|
2 trees
|
$500
|
$250
|
|
Greater than 16 and less than 20 inches
|
3 trees
|
$1,000
|
$500
|
|
Greater than 20 and less than 30 inches
|
4 trees
|
$1,500
|
$750
|
|
Above 30 inches (Specimen)
|
6 trees
|
$2,000
|
$2,000
|
