Article X: Environmental Standards, Landscaping, Shading and Buffers.

The Town finds that:

Trees are proven producers of oxygen, a necessary element for human survival;

Trees appreciably reduce the ever-increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air we breathe;

(3)

Trees transpire considerable amounts of water each day and thereby purify the air much like the air-washer devices used on commercial air conditioning systems;

(4)

Trees have an essential role in neutralizing wastewater passing through the ground from the surface to groundwater tables and lower aquifers;

(5)

Trees, through their root systems, stabilize the groundwater tables and play an essential and influential part in soil conservation, erosion control, and flood control;

(6)

Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments on the land, particularly parking areas; and

(7)

For the reasons indicated in Subsection A(6), trees substantially impact land desirability and property values.

Based upon the findings outlined in Subsection A, the Town Council declares that it is not only desirable but essential to the health, safety, and welfare of all persons living or working within the Town's planning jurisdiction to require the planting of new trees in certain types of developments.

§ 128-148 Landscape plans.

A landscape plan must accompany all applications for development and construction activities subject to this article's landscape and screening regulations. No building permit or similar authorization may be issued until the approving authority determines that this article's landscaping and screening regulations have been met.

The landscaping plan shall include sufficient information to demonstrate the function and intent of the landscaping to be provided and its suitability for the zoning district in which it is located and the project for which it has been designed. The landscaping plan shall, at the minimum, include the following:

(1)

The location, general type, size, and quality of existing vegetation, including specimen trees and trees with an eighteen (18) inch or greater diameter at breast height.

(2)

The existing vegetation to be retained.

(3)

The methods and details for protecting existing vegetation during construction and the approved sediment and erosion control plan.

(4)

Location and variety of the proposed vegetation.

(5)

Plant lists or schedules with the botanical and common name, required and proposed quantities, spacing, height, and caliper of all proposed landscape material at planting and maturity.

(6)

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.

(7)

Planting and installation details as necessary to ensure conformance with all required standards.

(8)

A maintenance plan describing irrigation, pruning, replacement of dead material, and other care procedures.

§ 128-149 Alternative compliance.

To encourage creativity in landscape and screening design and to allow for flexibility in addressing atypical, site-specific development/redevelopment challenges when administering the landscape requirements of this Article, the Planning Commission is authorized to approve alternative compliance landscape plans when it is determined that one or more of the following conditions are present:

The site has space limitations or an unusual shape that makes strict compliance impossible or impractical;

Conditions on or adjacent to the site, such as topography, soils, vegetation, or existing structures or utilities, are such that strict compliance is impossible, impractical, or of no value in terms of advancing the general purposes of this article;

The project is being considered under the provisions of the IRD Infill and Redevelopment Overlay District;

Safety considerations such as intersection visibility, utility locations, etc., make alternative compliance necessary or

Creative, alternative landscape plans will provide an equal or better means of meeting the intent of this article's landscaping and screening regulations.

§ 128-150 Required trees along dedicated streets.

Along both sides of all newly created streets that are constructed per Chapter 73, Land Subdivision, the developer shall either plant or retain sufficient trees so that between the paved portion of the street and a line running parallel to and fifty (50) feet from the center line of the street, there is for every thirty (30) foot of street frontage at least an average of one (1) deciduous tree that has or will have when fully mature, a trunk at least twelve (12) inches in diameter.

Trees, when planted, shall have a caliper of at least 2.5 inches measured at 4.5 feet from ground level and no branches below six (6) feet. All trees shall be staked appropriately at the time of planting.

§ 128-151 Parking area screening and landscaping.

Parking areas of more than five vehicles that adjoin or are faced by a residential district shall be effectively screened on each side by an ornamental wall, fence, or compact evergreen hedge. Such screen shall be not less than four (4) feet or more than six (6) feet in height and be maintained in good condition without any advertising. No part of any parking space shall be closer than five (5) feet to any street line. Any lighting used to illuminate any parking area shall be arranged to direct the light away from adjoining premises in any residential district and public roads and comply with lighting standards outlined in Article XI.

Parking facilities with more than ten (10) parking spaces shall comply with the requirements below:

(1)

Interior landscaping. For surface parking facilities, at least ten (10) percent of the parking facility shall be permanently landscaped.

(2)

Interpretation: computation of interior landscaping requirement. The interior landscaping requirement shall be computed based on the net parking facility. For this section, the "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.

(3)

Planting beds. All landscaping shall be contained in planting beds. Each planting bed shall have a minimum area of twenty-five (25) square feet and shall be enclosed by appropriate curbing or similar device at least six (6) inches wide and six (6) inches in height above the paving surface.

(4)

Plant materials. Surface parking facilities shall contain at least one (1) tree for each 2,000 square feet required parking area. In addition to the required trees, each planting bed shall contain appropriate ground cover or shrubbery. Nonplant material such as statuary or fountains may be used in landscaped areas, provided it does not dominate the planting bed. Native or indigenous plants shall be used to the maximum extent practical.

(5)

Installation/maintenance. Landscaping shall be installed and continuously maintained by the owner.

(6)

Site plan requirements. All required site plans for parking facilities shall contain detailed landscaping and maintenance plans. The landscaping plan shall be as provided in § 128-148.

§ 128-152 Bufferyards.

Purpose.

(1)

One of zoning's most essential functions is dividing land uses into districts with similar character and compatible uses. All uses permitted in any district generally have similar nuisance characteristics. Bufferyards will operate to minimize the negative impact of any future use on neighboring uses.

(2)

The bufferyard combines setback depth and landscaped screening. The width of the bufferyard, in combination with the type and amount of plantings required, is designed to effectively "separate" incompatible land uses at adjoining zoning district boundaries. Street bufferyards are required to screen parking lots along public streets and roads.

Location of bufferyards. Bufferyards shall be located on the outer perimeter of a lot or parcel that is a zoning district boundary and along the perimeter of parking lots adjacent to public roads and streets. However, bufferyards shall not be located on any portion of an existing or dedicated public or private street or right-of-way.

Determination of required bufferyard. The following procedure shall be used to determine the type of bufferyard required on a lot or parcel:

(1)

Identify whether the site's portion or property line constitutes a zoning district boundary. If it does, determine the zoning on both sides of the property.

(2)

Determine whether the land on the adjoining property is vacant or developed or whether a subdivision plat or site plan has been approved.

(3)

Determine the bufferyard required on each boundary (or segment thereof) of the subject parcel by referring to the tables of required bufferyards (Subsection E) and responsibilities for bufferyards (Subsection D).

Responsibility for bufferyards.

(1)

Preexisting development is exempt from bufferyard requirements.

(2)

When a new development, redevelopment, or expansion of a development is constructed on a lot adjoining a zoning district boundary, the developer shall install 1/2 of the total required bufferyard if the land in the adjoining district is vacant. When the vacant parcel is subsequently developed, the developer shall install the second half of the required bufferyard.

(3)

When a new development is constructed on a lot adjoining a zoning district boundary, the developer shall install the total required bufferyard if the land in the adjoining district has been previously developed without a bufferyard.

(4)

Existing plant materials and/or land on the perimeter of the preexisting development lot may contribute to the total bufferyard required between that and the adjoining developing lot.

(5)

New plant materials shall be native or indigenous plants to the maximum extent practical.

Tables of required bufferyards.[1]

(1)

Bufferyards Between Adjacent Zoning Districts.

ZONE	SR	TR	MR	UR	GC	CBC	CM	RHC	I	MI	RA	PN
SR	—	—	B¹	B¹	—	—	B	C	D	A	D	A
TR	—	—	A¹	A¹	B	B	B	C	D	A	D	A
MR	—	—	—	—	B	A	A	C	D	C	D	A
UR	—	—	—	—	B	A	A	C	D	C	D	A
GC	—	—	—	—	—	—	A	—	C	—	—	—
CBC	—	—	—	—	—	—	—	—	—	—	—	—
CM	—	—	—	—	—	—	—	—	—	—	—	—
RHC	—	—	—	—	—	—	—	—	—	—	—	C
I	—	—	—	—	—	—	—	—	—	—	—	—
MI	—	—	—	—	—	—	—	—	—	—	—	—
RA	—	—	—	—	—	—	—	—	—	—	—	D
PN	—	—	—	—	—	—	—	—	—	—	—	—

NOTES:
¹	Bufferyards only required between single-family attached and multifamily/single-family detached homes.
- - -	Bufferyards are either not required or not applicable (districts not contiguous or streets between).

[1]

Editor's Note: See Appendix II, included as an attachment to this chapter.

Parking Lot Perimeter Bufferyard Adjacent to Streets. The perimeter of any parking lot for more than six (6) vehicles adjacent to a public street or right-of-way shall include a perimeter bufferyard of at least ten (10) feet. Landscaping within the perimeter bufferyard shall be as follows:

(1)

At least one (1) canopy tree per thirty (30) linear feet of street frontage, rounded to the nearest whole number. Existing trees may be counted toward satisfying parking lot perimeter bufferyard tree planting requirements.

(2)

A continuous landscape element consisting of evergreen shrubs at least three feet tall at planting time, planted at five (5) foot intervals.

(3)

All portions of the perimeter landscape area not planted with shrubs or trees shall be planted in grass, other vegetation cover, mulch, or landscaping gravel.

Bufferyard and Parking Lot Perimeter Bufferyard requirements. Illustrations in Appendix II[2] at the end of this chapter graphically indicate the specification of each bufferyard.

[2]

Editor's Note: Appendix II is included as an attachment to this chapter.

Flexibility in administration required.

(1)

The Planning Commission may allow substitution or reduction of the bufferyard if it finds that the required bufferyard will obstruct the view of a driver, the bufferyard is incompatible with the existing streetscape, or the bufferyard is unnecessary because the adjoining land uses are compatible without a, or with a smaller, bufferyard.

(2)

The Planning Commission may require a greater bufferyard than stipulated in this chapter if it determines a larger bufferyard is required due to the extensiveness of the incompatibility between land uses. The Planning Commission may also require a bufferyard between incompatible land uses within the same zoning district if it is determined one is needed.

(3)

Bufferyard requirements will be determined as part of the site plan and/or subdivision review process.

Ownership of bufferyards. Bufferyards may remain in the ownership of the original developer (and assigns) of a land use, or they may be subjected to deed restrictions and subsequently be freely conveyed, or they may be transferred to any consenting grantees, such as adjoining landowners, the Town of Denton, or a homeowners' association, provided that any such conveyance adequately guarantees the protection of the bufferyards for this chapter.

Excess bufferyard. Where the bufferyard required between a land use and vacant land turns out to be greater than that bufferyard which is required between the first use and the subsequently developed use, the following options apply:

(1)

The subsequent use may provide 1/2 of the buffer this section requires. The existing use may expand into the original buffer area, provided that the resulting total bufferyard between the two uses meets the bufferyard requirements of the section.

(2)

The existing use may agree with abutting landowners to use the existing buffer to provide some or all of the required bufferyard of both land uses. The total buffer shall equal the requirements of this section. The initial use may provide the second use some or all of its required bufferyard and/or extra land it might develop, provided such an agreement can be negotiated. The existing use may reduce its excess buffer by transferring part or the entire excess buffer to the adjoining landowner to serve as its buffer. Any remaining excess buffer area may be used by the existing use for expansion of that use or for transfer by it to the adjoining landowner to expand that adjoining use.

Contractual reduction of bufferyards. When a land use is proposed adjacent to vacant land, and the owner of that vacant land enters into a contractual relationship with the owner of the land that is to be developed first, a reduced buffer may be provided by that first use, provided that the contract contains a statement by the owner of the vacant land of an intent to develop at no greater than a specified land use intensity class and an agreement by that vacant landowner to assume all responsibility for the additional buffer, if needed by the subsequent development of a less intense use than had been agreed upon, is transferred to the owner of the vacant (second in time to be developed) land.

§ 128-153 Environmental standards for all subdivisions and development that require site plan approval.

Perennial stream no-disturbance buffer.

(1)

A one-hundred-foot natural buffer from all perennial streams shall be required for all development. This buffer shall not permit permanent or temporary stormwater and/or sediment control devices.

(2)

This buffer requirement may be reduced to no less than fifty (50) feet by the Planning Commission for the following:

(a)

If evidence is provided that the site's design, construction, and use shall provide the same or better water quality protection as the one-hundred-foot buffer, and if evidence is provided, said development will meet all other requirements, as required.

(b)

Road crossings, if disturbance is minimized.

(c)

Other public or community facilities, provided disturbance is minimized as far as possible.

Intermittent stream no-disturbance buffer.

(1)

A fifty-foot buffer from all intermittent streams shall be required for all development. This buffer shall not permit permanent or temporary stormwater management and sediment control devices.

(2)

The Planning Commission may waive this buffer requirement for the following:

(a)

Road crossings, if disturbance is minimized.

(b)

Other public or community facilities, provided disturbance is minimized as far as possible.

Sensitive soil no-disturbance buffer. The one-hundred-foot perennial stream buffer shall be expanded to include contiguous one-hundred-year floodplains and nontidal wetlands. In addition, the one-hundred-foot perennial stream buffer shall be expanded to include hydric soils, highly erodible soils, and soils on slopes greater than fifteen (15) percent that are contiguous with the perennial stream, any one-hundred-year floodplain adjacent to the stream or any nontidal wetlands adjacent to the stream to a maximum distance of three hundred (300) feet.

Nontidal wetland buffer. A fifty-foot setback from all nontidal wetlands shall be required for all development around the extent of the delineated nontidal wetland except as permitted by the U.S. Army Corps of Engineers and the State of Maryland, Department of Natural Resources, Nontidal Wetlands Division.

Steep slopes.

(1)

No structure or impervious surface shall occur on any slope with a grade of fifteen (15) percent or more.

(2)

For steep slopes intersecting a buffer or other sensitive areas, the buffer shall be expanded per § 128-30.

(3)

Good engineering practices shall be used to protect steep slopes during and after disturbance activities.

Habitats of rare, threatened, and endangered species. Development shall avoid these areas as the Maryland DNR Natural Heritage Program describes. The Maryland DNR shall review proposed development projects. When a project is within a wildlife habitat (project review area), the developer must contact the Maryland Department of Natural Resources's Heritage and Biodiversity Conservation Program (HBCP).

Critical Area. Critical Area conservation standards shall be implemented according to Article IV, Part A Critical Area District of this chapter.

Forested areas: Forests shall be protected according to the requirements in Chapter 60, Forest Conservation, and in the Critical Area District (Article IV, Part A of this chapter), § 128-20.