|
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.
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.
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.
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.
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.
(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
|
