[§§ 429-175—429-185 adopted 12-6-2016 by Ord. No. 2016-08]
A.
The planted area required above is in addition to any required buffer
area or of any required parking areas.
B.
Buffer area required by ordinance shall not be included in determining
the amount of area to be devoted to meeting the planted area requirements
set forth above, but the total lot area without reduction for buffer
area shall be used to determine the minimum 20% of the total lot area
required for planted area.
C.
A planted area that is in or to be placed in any required open space
area such as side yard, front yard and rear yard shall not be deemed
a violation of the minimum requirements for open space for such yards.
D.
On any lot that requires a planted buffer area, the total of the
required planted buffer area and the required planted area shall be
25%. The total, however, shall not be less than 30% if any part of
the planted buffer areas is in any residential zone (R-150, R-100,
R-75, R-50 and R-2F) or any residential zone of any other municipality.
A planted buffer area not less than 75 feet in width is required
on any lot.
A.
In the HCC, HCC-2, NB and LB Zones that borders, is contiguous to,
or across the street from and within 100 feet of, any residential
zone in this or any other municipality.
(1)
Where an applicant owns property in the HCC, HCC-2, NB and LB
Zones and also owns contiguous property or property across the street
and within 100 feet located in a residential zone, the Land Use Board
may require or accept, if consistent with the criteria set forth in
this Article, a planted buffer area of 75 feet which is partly or
entirely in the residential zone.
(2)
The continued existence of any planted buffer area shall be
a condition to the continued existence of any certificate of occupancy
issued for property in the HCC, HCC-2, NB and LB Zones. The established
planted buffer area shall be made by subdivision a part of the lot
located in the HCC, HCC-2, NB and LB Zone and shall not be considered
a part of any lot in any residential zone with respect to computations
for lot size, building coverage, coverage by impervious surfaces and
all other calculations as may be required under this Chapter.
B.
Planted buffer areas for non-residential uses in residential zones.
(1)
On any lot in the R-150, R-100, R-75, R-50 and R-2F Zones where a building or lot is to be used, expanded or substantially altered for a use other than permitted by ordinance in that zone, the buffer requirements of Article VIII shall apply.
(2)
A planted buffer area of 25 feet in width is required for any lot in any residential zone where the lot to be created is contiguous to or across the street and within 100 feet of property in the HCC, HCC-2, NB and LB Zones. The Land Use Board shall require on subdivision that such lots requiring a planted buffer area shall still have remaining area and dimensions (excluding the required planted buffer area) sufficient to meet all requirements for the zone in which the lot is located. The planted buffer area of 25 feet in width established by reason of the requirements in this Subsection B (2) shall not be computed to determine the area or width of any planted buffer area required under Subsection A.
C.
Where a new street abuts an adjacent residential developed parcel
(i.e. single family house), the minimum buffer shall be 50 feet between
such parcel and the proposed new street.
In the event that the buffer area required pursuant to this Article XXX exceeds 12% of the total lot area, then the Land Use Board shall require a buffer area of uniform width that is not less than 35 feet.
A.
The criteria to be considered in determining the location, shape
and content of any required planted area and the creation of any required
buffer area shall include the following:
(1)
Drainage control.
(2)
Traffic and pedestrian safety.
(3)
Conservation of the economic values of the property and adjacent
property.
(4)
Proper vehicular and traffic sight lines.
(5)
Shade and pollution control.
(6)
Screening and privacy of adjacent residential areas.
(7)
The configuration and relationship of planting areas to the
total plan submitted.
(8)
The reduction of noise and lights disturbing to nearby property
zoned for residential use.
(9)
The objectives of good planning and zoning pursuant to the provisions
of N.J.S.A. 40:55D-1 et seq.
(10)
The preservation of healthy substantial trees wherever it is
reasonable to do so, consistent with the criteria set forth herein.
B.
In connection with Land Use Board consideration for site plan approval,
the Land Use Board shall have the right to determine the proper areas
for the required planted area, taking into consideration the criteria
set forth above.
A planted area and a planted buffer area required by this Chapter
shall not be used for any buildings, structures, paving or parking
or for the sale, display, storage or leasing of materials or for any
other use other than a planted area or a planted buffer area except:
A.
Detention basins, subject to a finding by the Land Use Board that
adequate visual screening is still provided.
B.
Below-grade, underground parking facilities may be erected underneath
any required planted area or planted buffer area, provided that the
surface of the lot in the area of the planted buffer area and the
planted area has at least four feet of soil and is properly drained
so that the same is sufficient to support the growth of plants, ground
cover, shrubs and trees.
C.
On Land Use Board site plan approval, the Land Use Board shall, however,
allow paved ingress and egress from the site to a public street or
highway through a planted buffer area where there are no possible
safe exits or entrances to a road or highway that is zoned across
the street from the site within the HCC, HCC-2, NB or LB Zones. The
area to be so paved shall not be included as part of the area making
up the required planted buffer area.
A.
The required planted area (other than planted buffer areas) need
not be all in one area of the lot.
B.
Planted areas that are less than 200 square feet shall not be included
in any computation of the required area.
C.
The planted buffer area shall be located along the entire front,
side or sides of the lot or rear of the lot that abuts or is contiguous
to or is across the street, but within 100 feet from any property
in the R-150, R-100, R-75, R-50 and R-2F Zones and any property zoned
for residential use in any adjacent municipality.
D.
The Land Use Board may, at the request of any applicant for site
plan approval, consider any portion of the planted area to be provided
by the applicant on any other lot or lots for purposes of determining
the required 20% planted area requirement (not including planted buffer
area) if, in the opinion of the Land Use Board:
(1)
The subject lots are to be operated essentially and substantially
as a single site rather than as separate sites;
(2)
The lots have or are to be provided as part of the site plan
with designated pedestrian and vehicular ingress and egress between
or among each lot in the unit considered, without using public roads,
and utilizing common parking areas.
A.
The planted area and required planted buffer area shall be so designed
to provide proper drainage of the soil.
B.
The planted area or required planted buffer area shall be protected
by continuous Portland cement concrete or Belgian block curbing on
all sides except on the planted buffer area; curbing is required only
on the inside perimeter of the planted buffer area.
C.
The planted area or required planted buffer area shall be planted
with approved plant material with sufficient organic sanitary material,
topsoil, peat moss and the like, so that the same shall be likely
to thrive. Minimum depth of topsoil in all turf areas shall be four
inches. All topsoil shall conform to specifications approved by the
Board of Shade Tree and Parks Commissioners.
D.
No owner, developer or occupant of a lot of which all or a portion
is undeveloped shall remove any trees in excess of six inches in diameter
as measured one foot above the base from any required planted area
or any required planted buffer area or from the lot except by express
direction or approval contained in a subdivision approval, soil permit
or site plan approval by the Land Use Board of the Borough of Paramus.
E.
Existing healthy trees in excess of six inches in diameter one foot
from ground level that are located in any approved planted buffer
area or approved planted area shall be preserved unless otherwise
ordered by the Land Use Board in connection with site plan approval.
F.
The planted area shall be designed to provide for the planting of
plant material that is hardy and of a variety which requires a minimum
amount of maintenance.
G.
The Land Use Board may require a planted buffer area pursuant to site plan approval, where changes in topography or elevation of the planted buffer areas would better serve the criteria set forth in § 429-179.
H.
In connection with any site plan approval granted, the developer
of the property shall protect against damage to trees that are located
in the approved planted area and approved planted buffer area and
shall also protect these areas by temporary fencing until the certificate
of occupancy has been issued and all outside construction has been
completed.
A.
The following types of evergreen plants (hereinafter denominated
"Group A") in the upright varieties are recommended for buffer areas
to establish screening of nonresidential use and residential use:
B.
The trees denominated "Group B-1" in the accompanying tabulation
and the shrubs denominated "Group B-2" in the accompanying tabulation
are recommended for use as a formal clipped hedge for screen and buffer
planting.
C.
The plants denominated "Group C" in the accompanying tabulations
are recommended for informal flowering or fruiting or evergreen hedge
for buffer and screen planting.
D.
The plants denominated "Group D" in the accompanying tabulations
are recommended for ground covers for greenery planting and the planted
area that are at the end of aisles of parking or very close to entrances
and exits to other property or streets or highways. The plants in
Group D shall be utilized so as to not obstruct proper sight lines
for vehicular and pedestrian safety. The maximum height shall not
exceed 30 inches at maturity.
E.
The plant species in "Group E" (shade trees) and "Group F" (ornamental
trees) are recommended and approved species for planted areas and
planted buffer areas. Group E (shade trees) when planted shall have
a minimum size of two-and-one-half- inches caliper and a minimum branch
height of seven feet. If shade trees in Group E are planted in any
area on the lot where they will be close to automobiles or at the
end of any parking aisle or near the corner of any intersection of
any aisle and any other driveway or aisle or in any other location
in parking aisles, the trees shall be pruned to remove all limbs at
the trunk if at that point the limbs are lower than ten feet from
the ground. All new trees in Group E and F must be staked in accordance
with the American Nurserymen's Standards.
F.
All landscaping is to be completed in a good and workmanlike manner
and all planted areas and planted buffer areas are subject to the
inspection and approval of the Board of Shade Tree and Parks Commissioners
prior to the issuance of any permanent certificate of occupancy.
G.
The developer must notify the Board of Shade Tree and Parks Commissioners
at least 48 hours prior to the installation of any planted material.
On the advice of the Board of Shade Tree and Parks Commissioners,
the Land Use Board may adopt resolutions at public meetings creating
standard specifications for planted material and planting which, if
adopted, shall be adhered to by all persons installing such material.
H.
Substitutions of plants within the same grouping from those shown
in plans submitted are allowed, subject to Board of Shade Tree and
Parks Commissioners' approval, where the originally designated plants
are not available.
I.
The Plant Table reflecting the group set forth above is annexed to
this Chapter as 429 Attachment 3.
A proposed landscape plan shall be submitted to the Land Use
Board for its consideration by:
A.
The landscape plan shall be prepared at a scale shown on the plan
by a landscape architect, architect or professional engineer. The
name of the preparer of the plan, his address, telephone number and
license number shall be indicated on the plan. The scale of the plan
shall also be indicated. The name of the applicant and any authorized
agents shall also appear on the plan.
B.
The plans shall specify all planted areas and planted buffer areas,
if required, and the dimensions of each of said areas. The plan shall
specify the total number of square feet of any planted area (not including
buffer area), the total number of square feet of any required planted
buffer area, the combined total area in square feet, if applicable,
and the percentage figures of planted areas and buffer areas of the
sum of the two and of the total site area.
