[Ord. No. 157, 8-26-2008]
The screening, buffering and landscaping requirements contained
in this Article are intended to enhance the visual and environmental
image of the Village of Merriam Woods through landscaping; protect
and enhance property values by promoting quality living and working
environments which integrate landscaping as part of the development
design; reduce or mitigate the negative effects of air and noise pollution
through natural plantings which absorb dust and carbon monoxide, and
which screen the glare of lighting; and provide for the use of green
buffers and/or structural buffers to reduce the negative impacts of
potentially incompatible land uses.
[Ord. No. 157, 8-26-2008]
A. The requirements of this Article shall apply to all public and private
developments approved after the effective date of this Chapter with
the following exceptions:
1.
Developments that have been issued a building permit or have
received final plat approval prior to the effective date of this Chapter
shall not be subject to the landscaping, screening or buffering requirements.
2.
Individual single-family homes built on existing lots of record
or lots platted after the effective date of this Chapter shall not
be subject to the landscaping, screening or buffering requirements.
3.
Single-family subdivisions platted after the effective date
of this Chapter shall not be subject to the landscaping requirements.
However, such subdivisions may be subject to the screening and buffering
requirements herein.
[Ord. No. 157, 8-26-2008]
A. No building permit shall be issued for the improvement of any site,
the construction of any building, or the establishment of any use
for which a Landscaping Plan is required until such plan has been
submitted and approved by the Administrative Official.
B. A Certificate of Occupancy shall not be issued for any building or
structure until all screening, buffering and/or landscaping is in
place in accordance with the approved Landscape Plan.
C. In any case in which a Certificate of Occupancy is sought during
a season of the year which the Village determines that weather conditions
make it impractical to plant trees, shrubs or other required landscaping,
a Temporary Certificate of Occupancy may be issued, provided that
the applicant deposits cash in an escrow account in the amount of
the estimated cost of such landscaping. Such escrow deposit shall
contain the following conditions:
1.
The installation of all landscaping required by the Landscape
Plan shall be completed within six (6) months of the date of the application
for the Temporary Certificate of Occupancy.
2.
The Village shall have the right to draw upon the escrow account
to complete said landscaping if the applicant fails to do so.
[Ord. No. 157, 8-26-2008]
A. Where a site plan is required, the landscape plan may be submitted
concurrently with the site plan. The Administrative Official shall
review the landscape plan and shall approve it if the plan is in accordance
with the requirements of this Article. If the plan is not in accord,
a written statement shall be provided to the applicant setting forth
the changes necessary to bring the plan into compliance.
B. Landscape Plans shall include the following information:
1.
The location of all trees or other vegetation to be preserved.
2.
The location of all plant and landscaping materials to be used,
including plants, paving or other landscape features.
3.
Common names, quantity, spacing and size of all proposed material
at the time of planting.
4.
Location and description of other landscaping improvements,
such as berms, walls, fences, screens, paved area, street furniture,
etc.
5.
The name and address of the person responsible for preparation
of the Landscape Plan.
C. Wherever possible, the Landscape Plan shall provide for the preservation
of existing trees. A Landscape Plan which includes the clear cutting
of existing trees shall be approved only if the developer establishes
through convincing evidence that the prohibition of clear cutting
would substantially and unreasonable restrict his/her ability to develop
the property and the development will not be economically viable unless
clear cutting is permitted.
[Ord. No. 157, 8-26-2008]
A. The following standards and criteria shall apply to landscape materials
and installation.
1.
Quality. All trees and shrubs installed in conformance with
this Article shall have well-developed leaders and tops, roots characteristic
of the species, shall be fully branched, and shall show evidence of
proper pruning. Trees installed shall be Number One (1) grade. All
plant materials shall be free of insects, diseases or mechanical injury.
2.
Coverage. Grass, ground cover, or other living landscape material
shall be used to cover all open ground. Mulch, bark or other landscaping
materials may be incorporated in the Landscape Plan where appropriate.
3.
Maintenance. The applicant is required to guarantee the plants
for one (1) year or they must be replaced by the owner. Property owners
shall maintain all trees and vegetation planted in accordance with
this Article.
4.
Shrubs And Hedges. Shrubs shall be a minimum of twelve (12)
inches in height when measured immediately upon planting.
5.
Trees. Trees referred to in this Article shall be of a species
common to or adapted to the climate and soil conditions of this area.
The selection of trees should take into consideration the ease of
maintenance, tolerance of Village conditions, and availability from
area nurseries. Caliper measurements shall be taken six (6) inches
above grade.
6.
Credit For Existing Trees. Any existing trees preserved on a
site in required bufferyards may, at the determination of the Village,
be credited towards meeting the bufferyard requirements of this Article.
Any tree for which credit is given shall be in a condition that allows
for long-term survival and shall be in a location that conforms to
the intent and standards of this Article. Existing trees for which
credit is given but which subsequently die within one (1) year of
issuance of Certificate of Occupancy, shall be replaced with the required
number of living trees in accordance with the standards of this Article.
[Ord. No. 157, 8-26-2008]
A. Applicability. Developments within commercial and industrial districts
shall be landscaped in accordance with the following requirements.
B. General Landscaping Requirements.
1.
All developments shall be required to plant one (1) tree per
one hundred (100) lineal feet of frontage along the street or streets
abutting the property. Such trees shall be planted within a distance
of twenty-five (25) feet of the street right-of-way. For lots with
less than one hundred (100) feet of frontage, one (1) tree shall be
required.
2.
Required trees may be clustered to allow for the most effective
use of landscaping. All other areas not covered by buildings, parking
and vehicular use areas or other impermeable surfaces shall be landscaped
with grass, groundcover or other appropriate landscape treatment.
C. Interior Parking And Vehicular Use Area Landscaping Requirements.
1.
For developments containing parking and vehicular use areas
totaling more than forty (40) parking spaces, a minimum of five percent
(5%) of the parking or vehicular use area shall be landscaped. Gross
parking area shall be determined by calculating the total area used
for parking, including circulation aisles. Landscaped areas outside
of the parking lot may not be used to meet interior landscaping requirements.
2.
Interior landscaped areas shall be protected from damage by
vehicles through appropriate wheel stops or curbs.
3.
Interior landscaping shall contain one (1) tree or two (2) ornamental
trees for each forty (40) parking spaces or fraction thereof.
4.
Interior trees shall be planted within a planting island. Planting
islands shall be located so as to best relieve a continuous expanse
of paving. Planting islands for canopy trees shall be at least one
hundred (100) square feet for each tree. Islands shall be dimensioned
in such a way to be suitable for planting and to prevent damage to
plantings from opening car doors.
5.
Areas used for parking or vehicular storage which are located
under or within buildings are exempt from the requirements of this
Subsection.
[Ord. No. 157, 8-26-2008]
A. Except where exempt in accordance with Section
405.710, landscaping requirements for residential uses shall be located on lots and in common open space in conformance with the following table:
Residential Type
|
Minimum Number Of Trees
|
---|
One- and two-family dwellings
|
2 per dwelling unit
|
[Ord. No. 157, 8-26-2008]
A. This Section establishes the requirements for screening in order
to minimize the negative impacts of incompatible land uses on adjoining
properties. Whenever the installation of a buffer area is required,
the screening requirement shall be in addition to any other applicable
landscaping requirements in conformance with this Article.
B. Screening shall be provided between uses in accordance with the following
table:
Proposed Use
|
Adjacent Existing Use
|
---|
|
Residential
|
Commercial
|
Industrial
|
---|
Residential
|
None
|
B
|
C
|
Commercial
|
B
|
None
|
A
|
Industrial
|
C
|
A
|
None
|
C. The following specific uses will also be required to provide screening.
Such developments shall be required to meet Bufferyard C standards.
1.
Kennels, stables, riding academies developed adjacent to residential
uses; and
2.
Residential uses developed adjacent to kennels, stables, and
riding academies.
D. When there is an intervening public street with a right-of-way width of at least forty (40) feet between zoning districts, a bufferyard in accordance with Section
405.770(B) shall not be required except where the backs of the buildings of the proposed use face the adjoining zoning district uses.
E. The developer of the proposed use shall be responsible for providing the screening when required in accordance with Section
405.770(B) and the following standards:
1.
Bufferyard A. This screen is intended to partially block visual
contact between adjacent uses and to create a strong impression of
separation of spaces. The following buffer area and plantings are
required per one hundred (100) linear feet. Minimum width of bufferyard
shall be fifteen (15) feet.
2.
Bufferyard B. This screen is intended to provide more intensive
visual block between adjacent uses and to create a stronger sense
of separation of spaces. The following buffer area, plantings and/or
other structural screening are required per one hundred (100) linear
feet. Minimum width of bufferyard area shall be twenty-five (25) feet.
b.
Two (2) understory trees.
e.
Six-foot solid wood fence, solid masonry or brick wall, or solid
evergreen hedge.
f.
As an option, the requirement for a six-foot fence, wall, or
hedge may be replaced with a three-foot earthen berm with required
plantings and perennial groundcover sown on the berm.
3.
Bufferyard C. This screen is intended to provide an opaque visual
screen that excludes visual contact between adjacent uses and creates
a very strong impression of separation. The following buffer area,
plantings and/or other structural screen are required per one hundred
(100) linear feet. Minimum width of bufferyard area shall be forty
(40) feet.
b.
Three (3) understory trees.
c.
Four (4) evergreen trees.
e.
Six-foot solid wood fences, solid masonry or brick wall, or
solid evergreen hedge.
f.
As an option, the requirement for a six-foot fence, wall or
hedge may be replaced with a three-foot earthen berm with required
plantings and perennial groundcover sown on the berm.
F. Maintenance of the bufferyard/screening shall be the responsibility
of the following:
1.
The owner of the property on which the screening is located.
If this option is chosen, it shall be so stated as a deed restriction
placed upon the property.
2.
A homeowner's association with the authority to collect
dues in an amount sufficient to provide for such required maintenance.
If this option is chosen, a copy of the homeowner's association
bylaws must be filed with the Planning and Zoning Commission at the
time of subdivision plat approval.
[Ord. No. 157, 8-26-2008]
The number and size of plantings required by this Article may
be reduced upon the approval of the Administrative Official where
the applicant establishes that the location of driveways or the physical
characteristics of the property would not allow the plantings required.