This article implements the following Master Plan policies:
•
Review the commercial site landscaping provisions of the Zoning Ordinance and update if deemed necessary. Special emphasis should be placed on ensuring adequate buffers between noncompatible land uses.
•
Enhance existing commercial areas with improved landscaping, aesthetics, signage, nighttime light pollution, architectural design, traffic flow and coordination with abutting land uses whenever the opportunity presents itself.
•
Ensure adequate buffers between all commercial development and abutting noncommercial land uses.
•
Harmonize industrial expansion or revitalization with surrounding land uses.
•
Enhance the visual quality of new and existing industrial areas through improved building design, landscaping, signage and control of nighttime light pollution.
•
Encourage attractive, landscaped, and sensitively sited industrial development that is compatible with surrounding land uses.
•
The landscaping section of the Zoning Ordinance should be reassessed to see if it can be strengthened to provide more attractive and well-designed residential, commercial and industrial development.
A. 
Generally. This article applies to any application for subdivision or site plan, except as provided below.
B. 
Planning Board discretionary powers. The Planning Board may waive any requirement of this article when existing vegetation, topography or other features already ensure proper landscape treatment. The Planning Board may require the applicant to offset a waiver in the amount and type of landscaping on one part of a site with additional landscaping on another part of the site.
Purpose: These screening and buffer requirements are intended to mitigate the impacts of light, noise, odor, vibration, and visual blight from nonresidential development in nonresidential districts on adjacent residential districts. These requirements are intended to preserve, protect, and restore the quality of life and property values for residential neighborhoods that share a boundary with a nonresidential district. The requirements of this section shall be incumbent upon both residential and nonresidential uses on both sides of the boundary between residential and nonresidential districts. All buffers shall be provided on the premises within the nonresidential district immediately adjacent to a residential district boundary.
A. 
Applicability.
(1) 
Screening and buffers are required for:
(a) 
Any lot in any industrial or commercial district that abuts a residential district; or
(b) 
Any use allowed in any industrial or commercial district that abuts a residential district.
(2) 
Structures, pavement, utility construction, signage and similar hardscape improvements shall not be permitted to encroach on any buffer unless specifically permitted by the Planning Board.
B. 
Buffer landscape and improvement standards.
(1) 
Required buffers. The buffer is intended to be landscaped and improved in order to provide effective visual screening on a year-round basis for uses in residential districts at a boundary with a nonresidential district. Buffers shall employ existing vegetation, or nursery stock, or both, as well as fences, walls, earth berms, or grade changes, in accordance with these standards. These standards are intended to create a dense or opaque screen for the first six feet above the ground elevation of the residential district immediately adjacent to the district boundary, and a semiopaque screen from the sixth to 30th foot above that ground elevation. Table 181-1 describes the type of buffer required for abutting zoning districts:
Table 181-1
Required Buffer Yards
Adjoining Zoning Districts
Zoning District of Applicant*
R-40
R-30
R-18
R-9
R-A
R-B
R-C
LB
GB
D
HB
PI
GI
CI
R-40
N/A
N/A
N/A
N/A
N/A
N/A
N/A
B
D
E
E
E
E
E
R-30
N/A
N/A
N/A
N/A
N/A
N/A
N/A
B
D
E
E
E
E
E
R-18
N/A
N/A
N/A
N/A
N/A
N/A
N/A
B
D
E
E
E
E
E
R-9
N/A
N/A
N/A
N/A
N/A
N/A
N/A
B
D
E
E
E
E
E
R-A
N/A
N/A
N/A
N/A
N/A
N/A
N/A
B
D
D
E
E
E
E
R-B
N/A
N/A
N/A
N/A
N/A
N/A
N/A
A
D
D
D
D
E
D
R-C
N/A
N/A
N/A
N/A
N/A
N/A
N/A
A
D
C
D
C
E
C
LB
B
B
B
B
B
A
A
N/A
D
B
D
D
E
D
GB
D
D
D
D
D
D
D
D
N/A
C
C
C
E
E
D
E
E
E
E
D
D
C
B
C
N/A
C
C
E
C
HB
E
E
E
E
E
D
D
D
C
C
N/A
C
E
D
PI
E
E
E
E
E
D
C
D
C
C
C
N/A
E
D
GI
E
E
E
E
E
E
E
E
E
E
E
E
N/A
E
CI
E
E
E
E
E
D
C
D
D
D
D
D
E
N/A
*
This includes any application for subdivision, site plan or building permit approval.
(2) 
Buffer types. There are six types of buffer yards. Table 181-2 shows the minimum width and number of plantings trees and/or shrubs required for each 100 lineal feet for each buffer yard. The Applicant may either plant new trees or plants, or preserve existing trees or plants, within the required buffer that meet the requirements of this subsection.
Table 181-2
Minimum Plant Materials Required for Each Buffer Yard Type
Trees
Buffer Type
Minimum Width
(feet)
Large
Medium/
Small
Shrubs
Fence (F), Berm (B), or Wall (W) (optional)
A
10
2
2
20
B
15
2
2
20
F or W
C
20
2
3
20
F, W or B
D
30
2
3
20
F, W or B
E
40
2
4
20
F, W or B
N1
20% reduction
Any combination of trees or shrubs is acceptable where the proposed plantings provide equivalent benefits to the normally required plantings, as determined by the Planning Board.
Note 1: "N" means an area of natural vegetation or plant substitutes.
(3) 
Size and type of plant materials. Plant materials shall comply with § 190-189, Landscape design, and this subsection.
(a) 
Trees. The mixture of evergreen and deciduous trees shall be such that no more than 60% of the trees are deciduous and no less than 40% of the trees are evergreens. At the time of planting, deciduous trees shall have a trunk caliper of 2 1/2 inches when measured six inches above grade, and evergreen trees shall be at least six feet in height.
(b) 
Shrubs. The mixture of evergreen and deciduous shrubs shall be such that no more than 40% of the shrubs are deciduous and no less than 60% of the shrubs are evergreens. Shrubs shall be at least two feet in height at the time of planting, and all shrubs shall be of a species that will attain a mature height of at least six feet and width of at least four feet within five years of the time of planting. Shrubs shall be planted such that a dense visual screen will be established by the mature shrubs.
(4) 
Fences and walls. The required fence or wall shall be solid or opaque, at least six feet in height, and shall be installed parallel to, and for the entire length of the district boundary. Where a buffer containing a fence has been established on one side of a residential district boundary, a fence may not be used to fulfill this requirement on the side of the district boundary which is directly opposite such a fence or wall.
(5) 
Earth berms.
(a) 
Earth berms shall be installed with the highest point being at least two feet above existing grade.
(b) 
Side slopes of the earth berm shall not exceed a grade steeper than three feet horizontally for each one foot of vertical change. Retaining walls may be used to truncate the side slopes.
(c) 
Earth berms shall be seeded with grass or wild flower seed mix.
(d) 
For buffers with berms that are at least six feet above grade, no shrub plantings are required.
(e) 
For buffers with berms that are less than six feet above grade, shrubs shall be provided in accordance with the requirements of Subsection B(2). The required height of the shrubs may be reduced such that the height of the berm plus the height of the shrubs is equal to six feet, provided that no shrub may be less than 1 1/2 feet in height.
(f) 
In the event that buffers on both sides of a district boundary are developed simultaneously, an earth berm may be positioned in part or in whole over the district boundary.
(6) 
Change in grade. If there is a change in grade of at least four feet above existing grade on the other side of the district boundary, and the change in grade occurs within the required width of the buffer, then shrubs shall be provided in accordance with the requirements of Subsection B(2) of this section. The required height of the shrubs may be reduced such that the height of the berm plus the height of the shrubs is equal to six feet, provided that no shrub may be less than 1 1/2 feet in height. For a change in grade that is at least six feet above grade within the required width of the buffer, no shrubs are required.
C. 
Buffers for district boundaries in collector or local streets. Where a boundary between a nonresidential district and a residential district is located within or along the edge of a right-of-way of a collector or local street, a nonresidential use in the nonresidential district that fronts on such a street shall incorporate a minimum fifteen-foot wide buffer in the front yard along the front lot line adjacent to the edge of the right-of-way. This buffer may vary between 10 to 20 feet in width, provided that an average width of 15 feet is maintained along the entire front lot line. The buffer shall include at least two large trees, two medium or small trees, and 20 shrubs for each 100 lineal feet.
D. 
Buffer use restrictions. Buildings, impervious surfaces, and parking, as well as the storage and display of vehicles, goods, and materials, are prohibited within the buffers required pursuant to this section.
E. 
Screening and orientation of mechanical equipment. All appurtenant mechanical equipment, including heating, ventilating, and air-conditioning equipment, as well as exhaust fans and vents, shall be visually screened from adjacent residential districts and the public right-of-way. Noise and odors emanating from the equipment, fans, and vents shall be directed away from residential district boundaries by means of location of the equipment on the building or through the installation of baffles or deflectors.
F. 
Implementation of the buffer requirements. Where lots abutting a residential district boundary have been previously developed, the standards and requirements of this section shall be implemented at such time as a change in use classification occurs, or an existing use is expanded or intensified in such a manner that there is an increase in the parking demand based on the current parking standards contained within this chapter.
G. 
Conditional use permits required for buffers. The Planning Board may grant a waiver pursuant to § 190-148 of this chapter, for alternative buffer arrangements where certain specific requirements of this section cannot be met, as follows:
(1) 
Where the location of existing buildings precludes compliance with the buffer width and yard setback standards, the Planning Board may allow a buffer that provides the maximum separation and screening possible given the location of such buildings. In granting a conditional use permit, the Board may require the buffer to be wider where not obstructed by buildings, or require additional fencing or walls, or require additional or larger landscape materials; and
(2) 
Where the land for a required buffer is encumbered by an easement, covenant, or other recorded legal instrument that prohibits or disallows thereon the planting and maintaining of trees and shrubs, or limits tree growth to less than 20 feet in height, such land shall not be deemed to fulfill the requirements of this section. The Planning Board may grant a conditional use permit that will allow an alternate buffer location which will provide the maximum screening possible taking in to consideration any use of the easement that is incompatible with the intent of this section. In granting a conditional use permit, the Board may require additional fencing or walls, or require additional or larger landscape materials.
This section applies to refuse storage areas, storage areas, service entrances, service yards, stockpiled materials, garbage receptacles, fuel tanks, electric and gas meters utility or service equipment, and other materials and objects used for service, utilities or storage and situated on any nonresidential or multifamily residential site. These items shall be located: (1) so as not to be visible from abutting properties; and (2) so as not to be visible from public streets (except alleys), or placed in a location abutting an alley. Where such positioning is not possible, those items shall be screened from view at the right-of-way line or the property line of any abutting residential zoning district. Screening may include landscape plantings, fencing or enclosures of a height at least as tall as the item or items to be screened.
This section applies to screening requirements for industrial and business uses abutting residential land uses, community facilities or along public streets. The Planning Board may require a fence of at least six feet in height in the following situations:
A. 
Where an industrial or business use is proposed adjoining property housing an existing nonconforming dwelling unit, unless the Planning Board finds that the dwelling unit is unlikely to be converted to industrial or business use.
B. 
Where a residentially zoned property is proposed to be developed for an industrial or business use, and it adjoins residentially zoned properties.
C. 
Where an industrial or business use adjoins a community facility such as a school, playground or park or a historic site.
A. 
Applicability. This section applies to any parking areas that include more than five spaces.
B. 
Generally.
(1) 
Parking medians, islands, and strips shall be curbed for proper traffic control and safety.
(2) 
Corner clearance and sight lines shall be observed regarding all landscaping or buffers/screens.
(3) 
All trees and other vegetation within parking lot landscaped areas are subject to the protection during construction (§ 190-187) and maintenance (§ 190-188) requirements of this article.
(4) 
Landscaped areas may be included within any parks or open space required by this chapter.
C. 
Perimeter landscaping.
(1) 
A minimum five-foot buffer strip abutting a public right-of-way shall be landscaped. This requirement does not apply to areas within required driveway or other access points.
(2) 
In all zoning districts landscaping shall be required along all sides of a parking lot or paved drive that abuts adjoining property or a public right-of-way.
(3) 
The perimeter landscape buffer along a street shall consist of planting materials or planting materials and man-made features to create at a minimum three-foot high visual relief screen in the form of a hedge, fence, planter box, berm, dividers, shrubbery or trees, or a combination thereof. All landscaping to form such visual relief shall create a two-foot-tall minimum screen at planting.
D. 
Interior landscaping.
(1) 
Median or islands required. Parking aisles shall not contain more than 10 spaces in a row unless a planted median and/or island is provided. The Planning Board may approve an alternative landscaping plan provided equivalent landscaping is provided.
(2) 
Medians.
(a) 
Surface parking lots shall not have more than four parking aisles without a continuous planted median with a minimum width of 10 feet.
(b) 
In order to avoid traffic conflicts, an island extending the length of the parking stalls shall be provided at end each end of the median.
(c) 
The median shall be planted with at least one tree, plus one tree for each 40 feet of median length. The trees shall include suitable ground cover.
(d) 
The median shall be planted with at least one shrub, plus one shrub per five feet of median length.
(e) 
The median shall contain adequate ground cover.
(f) 
Medians shall not be paved or contain sidewalks except as approved for safe pedestrian circulation.
E. 
Islands.
(1) 
Landscaped islands shall include a minimum of two shade trees and at least one shrub, plus one shrub per five feet of island length.
(2) 
Landscape islands within the aisles and at the end of the aisles shall be a minimum of 300 square feet and have a minimum width of nine feet.
(3) 
Required islands and medians shall be evenly distributed throughout such parking areas. The distribution and location of landscaped areas may be adjusted to accommodate existing trees or other natural features so long as the total area requirement for landscaped islands, peninsulas and medians for the respective parking area is satisfied.
A. 
The existing natural landscape character shall be preserved to the extent reasonable and feasible. As an example of this, in a yard area containing a stand of trees, the developer shall use care to preserve such trees. In determining whether there is compliance, the Planning Board shall consider topographical constraints on design, drainage, access and egress, utilities and other factors reasonably related to the health, safety and welfare of the public which necessitated disturbance of the property without the disturbance of its natural character, the nature and quality of the landscaping installed to replace it and such other factors as may be relevant and proper. Clearing and stripping of the natural vegetation on a lot is prohibited prior to obtaining an approved landscaping plan.
B. 
The landscaping shall include a mix of tree species with a minimum trunk caliper of 2 1/2 inches. The total number of trees necessary will be determined as follows:
(1) 
There shall be one shade per 40 linear foot of frontage along public streets and major private streets.
(2) 
Two ornamental trees per 40 linear foot of frontage may be used as accent trees in the front yards.
(3) 
Two ornamental trees may be substituted for one shade tree and vice versa if approved by the Planning Board.
(4) 
Residential zoning districts (multifamily dwellings only).
(a) 
One shade tree for every two dwelling units (multifamily dwellings).
(b) 
Two flowering or evergreen trees may be substituted for each shade tree up to 30% of the required number, if approval by the Planning Board.
(c) 
Ground plane planting. For multifamily units, a minimum of 10% of the green area of a lot or parcel shall consist of planting beds with shrubs, flowers, or ground cover.
(5) 
Ground cover. Suitable ground cover shall be provided in the front yard area in all zones except where no front yard is proposed.
C. 
One shrub, plus one shrub per five lineal feet of frontage shall be planted. Effective use of earth berms, existing topography and existing trees is also encouraged as a component of the landscape plan and shall be considered as a part of the landscaping requirement.
D. 
All newly planted trees shall be planted in a permeable area of no less than a three-foot-wide radius from the base of the tree.
E. 
The requirements of this section do not apply to the portion of properties in the D-1/MU Districts where buildings are constructed directly adjacent to a public right-of-way.
During the development and construction process, wooded natural and nonwooded natural areas will be maintain as a healthy vegetative cover to maintain the soil structure, minimize soil erosion and enhance the quality of the proposed community. In wooded natural areas, the healthy forest cover will be retained to reduce the amount of stormwater running across the ground surface.
A. 
Wooded natural areas.
(1) 
Plant community groupings or forest types will be identified.
(2) 
Trees targeted for harvest/removal shall be clearly marked.
(3) 
Trees to be protected during clearing operations and construction shall be clearly marked to caution operators.
(4) 
Trees of special interest, historic trees or trees having unusual silvicultural characteristics shall be flagged and located on the landscaping plan. These existing trees shall be protected during construction as outlined in § 190-187.
(5) 
The landscape plan will include a reforestation plan to establish trees in appropriate places, not to attempt to design finished landscaping near home sites. The plan is intended to establish and enhance forest cover in certain areas and/or create screens and buffer strips in critical locations, i.e., sewer/water easements.
(6) 
A site inspection by the Administrative Officer of trees marked for saving, cutting or clear-cutting is required prior to cutting of the lot.
B. 
Nonwooded natural areas. For subdivisions in open fields and other nonwooded areas, the landscape plan will include a mix of tree species to be planted on thirty-foot centers to provide for a tree canopy. The trees will be planted within the City right-of-way or on the private property boundary line adjacent to the City right-of-way. This section does not apply if the Planning Board determines that the open field is a significant natural feature pursuant to Article XXV.
C. 
Street slopes. In cases where the sloped areas extend more than 10 feet from the shoulder to the ditch line, the sloped areas must be landscaped and planted as per § 190-185.
The protection during construction section, as outlined below, will apply to commercial, subdivision, parking lot, street slopes and buffer/barrier zone sections of this chapter.
A. 
Fencing or other protective barrier shall be used around trees near construction sites.
B. 
Changes in the normal drainage patterns shall be avoided, and appropriate protection shall be provided for trees if a grade change is necessary in the surrounding area.
C. 
Pedestrian and other traffic patterns should be kept away from trees to avoid soil compaction.
D. 
Ensure the proper protection of trees with a caliper of six inches or greater.
The maintenance requirements as outlined below shall apply to commercial, subdivision, parking lot areas, street slopes and buffer/barrier zone sections of this chapter.
A. 
Maintenance of landscaping. The owners and their agents shall be responsible for providing, protecting and maintaining all landscaping in healthy and growing conditions, replacing it when necessary to ensure continuous conformance with these guidelines and keeping it free of refuse or debris.
B. 
Maintenance of required open space area. The open space area of the lot as required by the Zoning Ordinance shall generally be left undisturbed and in its natural state except where necessary to install utility structures. Where this is not practical due to extensive site development as cutting and filling, this disturbed open space area shall be returned to as near a natural state as possible and in accord with the other requirements outlined herein. It is the intent of this section to dissuade the unnecessary clearing and disturbing of land so as to preserve, insofar as practical, the natural and existing growth of vegetation and to replace when necessary the removed vegetation with new vegetation indigenous to southern New Hampshire.
C. 
All newly planted vegetative material shall be guaranteed to meet minimum American Standard for Nursery Stock standards at the time of planting and for one year thereafter.
D. 
The applicant shall establish a maintenance program that addresses the following:
(1) 
Vegetation replacement.
(2) 
Irrigation.
(3) 
Pruning, fertilizing and insect and disease protection.
(4) 
Litter or debris cleanup.
(5) 
Drainage and tree protection if there is a grade change.
E. 
Pruning should be started early and kept up at regular intervals. Trees should be pruned and shaped to avoid splitting later in life. Broken tops and branches should be removed as soon as possible after injury. Broken, weak or diseased branches should be removed first, dead branches second and healthy branches last.
F. 
Trees and shrubs should be protected against damage incurred with lawn mowers and garden equipment. Keeping grass away from tree trunks with the use of mulch is recommended.
G. 
The use of road salt around the trees and shrubs should be avoided or minimized.
H. 
Required landscaped areas shall be routinely maintained free of debris and litter and in good condition, with regular mowing of grass, so as to present a neat, healthy and orderly appearance. Maintenance shall include the replacement of all dead plant material within the guaranteed contract period.
The following requirements apply to the implementation of any landscape plan:
A. 
Generally.
(1) 
Examples of permitted trees and shrubs are set forth in Tables 189-1 below. The Administrative Officer may permit substitutions based on the recommendation of the qualified landscape professional preparing the plan. In addition, if a listed species is being invaded or infested by fungi, disease or pests, a substitution shall be recommended. In no case shall monoculture be permitted. Plant materials shall show a variety of texture, color, shape and other characteristics.
(2) 
Shrubbery, ground cover and other planting materials shall be used to complement the tree planting but shall not be the sole contribution to the landscaping. Effective use of earth berms, existing topography and existing trees is also encouraged as a component of the landscape plan and shall be considered as a part of the planting requirements.
(3) 
All shade trees to be used shall have a minimum trunk caliper of 2 1/2 inches. Inclusion in the landscape design of existing trees is encouraged. All shade trees to be planted shall be hardy for the Nashua botanical zone.
(4) 
Shrubs shall have a minimum height measured from finished grade of 24 inches. The Planning Board may permit plants with a lower growing habit than 24 inches.
(5) 
All required landscaping shall be provided with either:
(a) 
An underground sprinkling system; or
(b) 
An outside hose attachment.
(6) 
All landscaping which is in required landscaped areas and which is adjacent to pavement shall be protected with concrete or granite curbs or equivalent barriers (such as car bumpers, railroad ties, continuous border plants or hedgerows) when necessary to protect the vegetation from vehicular damage.
(7) 
Landscaping in landscaped areas shall not obstruct the view between the street and the access drives and parking aisles near the street yard entries and exits, nor shall any landscaping which creates an obstruction of view be located in the radius of any curb return. (See § 190-16K.)
(8) 
Plant materials used in conformance with the provisions of this article shall be of specimen quality and conform to the reference shall be made to American Nursery and Landscape Association (ANLA) [formerly the American Association of Nurserymen], the American Standard for Nursery Stock (1996) [ANSI Z60.1-1996], which document is hereby incorporated by reference.
(9) 
Native species and low-maintenance design are encouraged.
B. 
Trees. Examples of permitted trees are set forth in Table 579-1, below.
Table 189-1
Examples of Permitted Trees
Category
Definition
Examples of Permitted Species
Large or shade trees
A tree of a species that normally reaches a height of 50 feet or more upon maturity
Basswood
Beech
Black oak
European larch
Hemlock
London plane tree
Pin oak
Red maple
Red oak
Red pine
Scarlet oak
Scotch pine
Sugar maple
Thornless honeylocust
White ash
White oak
White pine
Medium trees/
ornamental trees
A tree of a species that normally reaches a height exceeding 20 feet upon maturity
Arborvitae
Austrian pine
Black birch
Black locust
European white birch
Ginkgo
Larch
Little-leaf linden
Norway spruce
Pitch pine
White birch
White spruce
Small trees/
ornamental trees
A tree of a species that normally reaches a height of less than 20 feet upon maturity
Amur maple
Carolina silverbell
Cornelian cherry dogwood
European mountain ash
Flowering dogwood
Hop hornbeam
Hornbeam
Pin cherry
Red cedar
Shadblaw
Serviceberry
Washington hawthorn
C. 
Shrubbery. Required shrubs shall measure at least two feet in height at the time of planting, when measured from the grade to the top horizontal plane of the shrub. Examples of permitted shrubs are as follows:
Nannyberry
Black alder
Japanese yew
Rosebay rhododendron
Bayberry
Panicled dogwood
Highbush cranberry
Mapleleaf viburnum
Peegee hydrangea
Highbush blueberry
Hobblebush
Mountain laurel
Arrowwood
Red osier dogwood
Witch hazel