A. 
The intention of this article is to improve the appearance of all yards, off-street parking areas and service areas in the City of Brigantine. Its purpose is to protect and preserve the character and value of the surrounding neighborhoods, thereby promoting the general welfare. The unique Brigantine shore and beachfront environment shall be maintained, enhanced and improved through the implementation of good landscaping practices in the development, installation and construction of buffer area and select screening devices and plantings.
B. 
All residential lots shall have a minimum of 40% of the lot landscaped, with a minimum of 30% of the front setback area being natural landscape. All areas not occupied by buildings, parking areas, patios, walkways and/or any other impervious surface shall be suitably landscaped with natural living plant materials. No landscaping shall interfere with required sight triangles. Such landscaping minimum of 40% may be reduced to the minimum extent required to accommodate stairs, steps, ADA-compliant ramps and related elements providing access to the first floor necessary to conform with lowest floor requirements. In no case, however, shall such percentage be lower than 30% of the lot.
A. 
Off-street parking areas. All areas used for the parking of any and all types of vehicles, boats or heavy-construction equipment, whether such vehicles, boats or equipment are self-propelled or not, and all land upon which vehicles traverse the property as a function of the primary use, including but not limited to activities of a drive-in nature such as, but not limited to, automobile service stations, drugstores and supermarkets, banks, restaurants and the like, shall conform to the minimum landscaping requirements hereinafter provided, save and except areas used for parking or other vehicular uses under, on or within buildings, and parking areas serving one- and two-family uses as normally such residential areas are voluntarily landscaped.
B. 
All areas of transition between either buildings, structures or uses having different visual and scenic characteristics shall conform to the minimum landscaping requirements contained in this article.
C. 
For all original construction or enlargement of detached housing, two trees shall be planted per frontage. For multifamily dwellings one tree per unit shall be planted. For duplex units, four trees shall be planted. A suggested list of tree species is detailed at the end of this chapter. Required trees shall be located only in the front of the house and shall be no closer than 20 feet to the street corners. The minimum caliper size at planting shall be 2.5 inches to 3.0 inches.
D. 
Any landscaping which, within two years of planting, dies for any reason shall be replaced by the developer(s) or by the current owner at their sole expense.
E. 
In all single-family and duplex districts, grass, or permeable decorative pavers, at the homeowner's option, shall be maintained between the sidewalk line and the curbline. All applications for development shall provide this grass strip if previously removed.
On the site of a building or open lot use providing an off-street parking area or other vehicular use area, where such area will not be entirely screened visually by an intervening building or structure from any abutting street, excluding dedicated alleys, there shall be provided landscaping between these areas and the street as follows:
A. 
Buffer strips along off-street parking areas.
(1) 
A strip of land at least five feet in depth located between the abutting street and the off-street parking area or other vehicular use area which is exposed to an abutting street shall be landscaped, such landscaping to include one tree for each 50 linear feet or fraction thereof.
(2) 
Trees located between the abutting street and off-street parking area or other vehicular use area shall be planted in an area of at least 25 square feet with one dimension of at least five feet.
(3) 
In addition to shade trees, a hedge, wall or other durable landscape barrier of at least two feet in height shall be placed along only the perimeter of such landscape strip.
(4) 
If such durable barrier is of nonliving material, for each 10 feet thereof, one shrub or vine shall be planted abutting such barrier but need not be spaced 10 feet apart. Such shrubs or vines shall be planted along the street side of such barrier unless they are of sufficient height at the time of the planting to be readily visible over the top of such barrier.
(5) 
The remainder of the required landscaped areas shall be landscaped with grass, ground cover or other landscape treatment, excluding paving.
B. 
Accessways and driveways. Necessary accessways from the public street through all such landscaping shall be permitted to service the parking or other vehicular use areas, and such accessways may be subtracted from the linear dimension used to determine the number of trees required.
A. 
General areas. All property other than the required landscaped strip lying between the street and off-street parking area or other vehicular use area shall be landscaped with at least grass or other ground cover.
B. 
Nonresidential and residential areas. Where a side or rear nonresidential or multifamily development lot line coincides with a residential lot line, a fifteen-foot-wide buffer strip shall be provided along the side and rear property lines of the nonresidential or multifamily project so as to furnish a visual barrier and to provide protection between the structures, buildings and uses.
C. 
Extension of use areas. Where a commercial use is extended into a residential zone district in accordance with § 198-29, Extension of use area, a fifteen-foot-wide buffer strip shall be provided along either side or rear property lines abutting the residential zone or within the extended use area so as to furnish a visual barrier between the structures, buildings and uses.
D. 
Minimum widths. Buffer strips shall be a minimum of 15 feet in width, unless waived by the Planning Board.
E. 
Restricted use. Buffer strips shall be from buildings, structures, accessory buildings, signs, accessways, off-street parking areas, outdoor storage areas, recreational facilities or any other uses.
A. 
Screening required.
(1) 
On the site of a building or structure or open lot use providing an off-street parking area or other vehicular use, where such areas will not be entirely screened visually by an intervening building or structure from abutting property, that portion of such area not so screened shall be provided with a wall or hedge or other durable landscape barrier not greater than six feet in height nor less than four feet in height to form a continuous screen between the off-street parking area and such abutting property.
(2) 
All utilitarian areas, including but not limited to delivery and pickup areas for multifamily development, retail trade and service establishments, shall be screened to provide both a visual and acoustical barrier. Such screening may include the following structural and landscaping elements, subject to review and approval by the Planning Board:
(a) 
A solid masonry wall not less than five feet, six inches above finished grade.
(b) 
A solid fence, with a uniform surface treatment, constructed of a naturally durable material suitable to the coastal environment not less than six feet above finished grade.
(c) 
A densely landscaped evergreen screen planted at 30 inches on center in a single row or at five feet on center in two staggered rows. This evergreen screen shall be a minimum of five feet above finished grade at the time of planting with a projected minimum growth to six feet above finished grade.
B. 
Location of screening. Such landscape barrier shall be located between the common lot line and the off-street parking area or other vehicular use area exposed to the abutting property, provided that the purpose of screening off-street parking area and other vehicular use areas is accomplished. If such barrier consists all or in part of plant materials, such plant materials shall be planted in a planting strip of not less than 2 1/2 feet in width. In addition, one tree shall be provided for each 75 linear feet in such landscape barrier or fractional part thereof. Such trees shall be located between the common lot line and the off-street parking area or other vehicular use area. Each shade tree shall be planted in at least 25 square feet of planting area with a minimum dimension of at least five feet. Each such planting area shall be landscaped with grass, ground cover or other landscape material, excluding paving, in addition to the required trees.
C. 
Exceptions. The provisions of Subsection B shall not be applicable in the following situations:
(1) 
When a property line abuts a dedicated alley, or to those portions of the property that are opposite a building or other structure located on the abutting property.
(2) 
Where a proposed parking area or other vehicular use area abuts an existing hedge, wall or other durable landscape barrier on an abutting property, said existing barrier may be used to satisfy the landscape barrier requirements of Subsection B, provided that said existing barrier meets all applicable standards of this chapter and protection against vehicular encroachment is provided for hedges.
(3) 
Where the abutting property is zoned or used for nonresidential uses, only the tree provision with its planting area as prescribed in Subsection B shall be required; however, the number of trees may be reduced to one tree for every 125 linear feet or fraction thereof, but all perimeter requirements shall apply within the front setback area.
A. 
Minimum landscaping requirements.
(1) 
Off-street parking areas shall have at least 10 square feet of interior landscaping for each parking space, excluding those spaces abutting a perimeter for which landscaping is required by other sections hereof and excluding all parking spaces which are directly served by an aisle abutting and running parallel to such a perimeter.
(2) 
Other vehicular use areas shall have one square foot of landscape area for each 100 square feet or fraction thereof of the total paved area excluding the first 5,000 square feet of paved area.
B. 
Minimum landscaped area requirement for property containing both parking areas and other vehicular use areas. Where the property contains both parking areas and other vehicular use areas, the two types of areas may be separated for the purpose of determining the other vehicular use area by first multiplying the total number of parking spaces by 400 and subtracting the resulting figure from the total square footage of the paved area.
C. 
Minimum landscaped area requirements.
(1) 
Each separate landscaped area shall contain a minimum dimension of at least five feet and shall include at least one tree having a clear trunk of at least five feet, with the remaining area adequately landscaped with shrubs, ground cover or other permitted landscaping material not to exceed three feet in height.
(2) 
The total number of trees shall not be less than one for each 100 square feet or fraction thereof of required interior landscaped area. Such landscaped areas shall be located in such a manner as to divide and break up the expanse of paving.
(3) 
In other vehicular use areas where the strict application of this subsection will seriously limit the function of said area, the required landscaping may be located near the perimeter of the paved area including such perimeters which may be adjacent to a building on the site. Such required interior landscaping which is relocated as herein provided shall be in addition to the perimeter landscaping requirements.
D. 
Vehicular encroachment. The front of a vehicle may encroach upon any interior landscaped area when said area is at least 3 1/2 feet in depth per abutting parking space and protected by wheel stops or curbing. Two feet of said landscaped area may be part of the required depth of each abutting parking space.
A. 
Applicability of sight triangle requirements. When an accessway intersects a public right-of-way or when the subject property abuts the intersection of two or more streets, all landscaping within the triangular areas described below shall provide unobstructed cross-visibility at a level between three feet and six feet; provided, however, that trees having limbs and foliage trimmed in such a manner that no limbs or foliage extend into the cross-visibility area shall be allowed, provided that they are so located so as not to create a traffic hazard. Landscaping except required grass or ground cover shall not be located closer than three feet from the edge of any accessway pavement.
B. 
Description of sight triangles. The triangular areas above referred to are:
(1) 
The areas of property formed by the intersecting lines of the public street and accessway and a line joining points, each 15 feet distant from said intersection along said lines of the street and accessway.
(2) 
The area of property located at a corner formed by the intersection of two or more streets and a line joining points each 25 feet distant from said intersection along said lines of the street and accessway.
A. 
Existing plant material. In instances where healthy plant material exists prior to its development, in part or in whole, for purposes of off-street parking or other vehicular use areas, the Planning Board may adjust the application of these standards to allow credit for such plant material if, in its opinion, such an adjustment is in keeping with and will preserve the intent of this section.
B. 
Plant materials used in conformance with provisions of this chapter shall conform to the Standards of the American Standard of Nursery Stock.
C. 
Every effort will be made to use native and indigenous species of the region in the landscape. This promotes the natural environment, provides familiar nourishment for native animals and insects, and helps to reduce requirements for supplemental watering and feeding. See list below:
Small trees tolerant of salt spray and saline soils:
Allegheny serviceberry (Amelanchier laevis)
Pawpaw (Asimina triloba)
American Holly (Ilex Opaca)
Eastern Red Cedar (Juniperus virginiana)
Sweetbay Magnolia (Magnolia virginiana)
Willow Oak (Quercus phellos)
American Mountain Ash (Sorbus Americana)
Fruitless Mulberry Tree (Morus alba)
Large shrubs tolerant of salt spray and saline soils:
Indigo bush (Amorpha fruticosa)
Red Chokeberry (Aronia arbutifolia)
Black Chokeberry (Aronia melanocarpa)
Beautyberry (Callicarpa Americana)
False Cypress (Chamaecyparis pisifera)
Coastal sweet pepperbush (Clethra alnifolia)
Rockspray Cotoneaster (Cotoneaster horizontalis)
Japanese cedar (Cryptomeria japonica)
Rose of Sharon (Hibiscus syriacus)
Bigleaf Hydrangea (Hydrangea macrophylla)
Inkberry (Ilex glabra)
Common Junipers (Juniperus communis)
Northern Bayberry (Myrica pensylvanica)
Mock Orange (Philadelphus coronaries)
Purple Leaf Sand Cherry (Prunus x cisterna)
Bumalda Spirea (Spirea x bumalda)
Lilac (Syringa vulgaris)
Southern arrowwood (Viburnum dentatum)
Some non-native ornamental shrubs that are tolerant of salt spray and found commonly in seaside plantings include Hydrangeas, Rose-of-Sharon, Rugosa roses, Butterfly bush, Bayberry, Potentilla, Weigelia and Pyracantha.
D. 
Trees.
(1) 
Trees shall be species having an average mature spread of crown of greater than 15 feet in Atlantic County and having trunk(s) which can be maintained in a clean condition over five feet of clear wood.
(2) 
Trees having an average mature spread of crown less than 15 feet may be substituted by grouping the same so as to create the equivalent of a fifteen-foot crown spread.
(3) 
Tree species shall be a minimum of seven feet overall height immediately after planting.
(4) 
Trees of species whose roots are known to cause damage to streets or other public works shall not be planted closer than 12 feet to such public works. A list of such tree species shall be maintained by the Department of Public Works for the guidance of the applicant or developer.
E. 
Shrubs and hedges.
(1) 
Shrubs shall be a minimum of two feet in height when measured immediately after planting.
(2) 
Hedges, where required, shall be planted and maintained so as to form a continuous, unbroken, solid, visual screen within a maximum of one year after time of planting.
F. 
Vines. Vines shall be a minimum of 30 inches in height immediately after planting and may be used in conjunction with fences, screens or walls to meet physical barrier requirements as specified.
G. 
Ground cover. Ground covers used in lieu of grass, in whole or in part, shall be planted in such a matter as to present a finished appearance and reasonably complete coverage within three months after planting.
H. 
Lawn grass.
(1) 
Grass areas shall be planted in species normally grown as permanent lawns in Atlantic County.
(2) 
Grass areas may be sodded, plugged, sprigged or seeded except that solid sod shall be used in swales or other areas subject to erosion, and provided that, in areas where other than solid sod or grass seed is used, nurse grass seed shall be sown for immediate effect and protection until coverage is otherwise achieved.
A. 
Installation. All landscaping shall be installed in a sound workmanlike manner and according to accepted good planting procedures with the quality of plant materials as described in § 198-97, Plant material. All elements of landscaping, exclusive of plant material except hedges, shall be installed so as to meet all other applicable ordinances and code requirements.
B. 
Inspection. The Building Inspector or his representative shall inspect all landscaping, and no certificate of occupancy or similar authorization will be issued unless the landscaping meets the requirements of this section and/or the specifications of the final plan.
C. 
Irrigation systems. All landscaped areas shall be provided with a readily available water supply with at least one outlet located within 150 feet of all plant material to be maintained.
D. 
Maintenance. The owner, tenant and their agent, if any, shall be jointly and severally responsible for the maintenance of all landscaping which shall be maintained in good condition so as to present a healthy, neat and orderly appearance and shall be kept free from refuse and debris.