It is the purpose and intent of these landscaping regulations to implement the goals and policies of the Town Master Plan by complementing the residential character of Brighton, by assuring an acceptable degree of transition to reduce potential adverse incompatibility between residential and nonresidential uses, to enhance the visual and aesthetic appearance of the community and to encourage a sense of open space by preserving the natural character of the community. The benefits of these regulation may result in lesser amount of impervious surfaces on the site and, through landscape design, retaining on site a portion of the excess runoff.
A. 
Trees. All trees shall be plant species having an average crown spread of greater than 15 feet and having trunks which can be maintained in a clean condition, free of branches from grade to five feet above grade. Trees having an average mature spread of less than 15 feet may be substituted by grouping the same so as to create the equivalent of a fifteen-foot crown. Tree species shall be a minimum of seven feet of overall height immediately after planting and a minimum caliper of three inches measured at four feet above grade.
B. 
Shrubs and hedges. Shrubs shall be a minimum of two feet in height when measured immediately after planting. Hedges, when measured, shall be planted and maintained so as to form a continuous unbroken, solid visual screen within two year after time of planting.
C. 
Vines. Vines shall be a minimum of 30 inches in height immediately after planting and shall be used in conjunction with fences, screens or walls to meet or to minimize the appearance of physical barrier requirements.
D. 
Ground cover. Ground cover, in lieu of grass, in whole or in part, shall be planted or arranged in such a manner as to present a finished appearance and reasonably complete coverage and shall be with a decorative mulch, such as pine or cypress bark or other material of similar nature. (In no instance shall stone or gravel be utilized for more than 20% of the ground cover area.)
E. 
Lawn grass. Grass areas shall be planted in species normally grown in permanent lawns in this area. Grass areas may be sodded, plugged, sprigged or seeded, except that solid sod or other appropriate materials shall be used in swales or other areas subject to erosion.
F. 
Screening. The landscaping standards in these regulations will depend on the function of the type of screen needed between uses. There shall be three types of screening to meet the requirements of these regulations: an opaque screen, a semiopaque screen and a broken screen.
(1) 
Type A: opaque screen. A screen is opaque if it is opaque from the ground to a height of at least six feet, with intermittent visual openings from the opaque portion to a height of at least 20 feet. An opaque screen is intended to exclude all visible contact between uses and to create a strong impression of spatial separation. The opaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetation or existing vegetation shall be judged on the basis of the average mature height and density of the foliage of the plant material or field observation of existing vegetation. At maturity, the portion of intermittent visual openings should not contain any completely unobstructed openings more than 10 feet wide. See the Appendix, Part 1, for illustration of typical opaque screens.
(2) 
Type B: semiopaque screen. A screen is semiopaque if it is opaque from the ground to a height of three feet, with intermittent visual openings from above the opaque portion to a height of at least 20 feet. The semiopaque screen is intended to partially block visual contact between uses and create a strong impression of separation of spaces. The semiopaque screen may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetative screens or existing vegetation will be judged on the basis of the average mature height and density of foliage of the plant material or field observation of existing vegetation. At maturity, the portion of intermittent visual openings shall not contain any completely unobstructed opening more than 10 feet wide. See the Appendix, Part 1, for illustration of typical semiopaque screens.
(3) 
Type C: broken screen. A screen is broken if it is composed of intermittent visual openings from the ground to a height of at least 20 feet. The broken screen is intended to create the impression of a separation of spaces without necessarily eliminating visual contact between the uses or spaces. The broken screen may be composed of a wall, fence, landscaped earth berm, planted vegetation or existing vegetation. Compliance of planted vegetative screens or existing vegetation shall be judged on the basis of the average mature height and density of foliage of the plant material or by field observation of existing vegetation. See the Appendix, Part 1, for illustration of typical broken screens.
G. 
See the Appendix, Part 1, for a list of recommended trees and shrubs. All plant materials selected for use must be consistent with the climate for this area. This determination shall be based on the map prepared by the U.S Department of Agriculture as a general guideline to temperature extremes in this area. Zone Nos. 5 and 6 represent the typical range for cold temperature in the Town of Brighton. There shall be a preference for native plant species over exotic plant species.
H. 
Screening requirements shall conform to Table of Uses found in the Appendix, Part 1. The Table of Uses is intended to give guidance for the types of screening necessary for adjacent uses. The landscape plan shall include screening requirements in addition to meeting the intent and purpose of the landscaping regulations.
A. 
These landscaping regulations shall apply to all zoning districts. The nature of the landscaping and the landscaping plan shall be subject to approval by the Planning Board. These regulations shall apply to the following:
(1) 
Any new construction.
(2) 
Any change of use.
(3) 
Any redevelopment that increases the assessed value by more than 25% or more.
(4) 
Major expansions of parking lots of more than 20 parking spaces.
B. 
In addition to the screen requirements listed in § 207-19F of this article, all site plans should include landscaping plans which provides appropriate access to common open spaces, linkages and buffers. In all subdivisions, landscaping plans should also consider appropriate treatment at the entrances of these developments and along pedestrian trails in the immediate vicinity of the subdivision.
A. 
No building permit shall be issued unless a landscaping plan has been submitted and approved and certified as being in compliance with the requirements of these regulations.
B. 
All landscaping plans shall contain the following information:
(1) 
A title block with the name of the project, the name of the person preparing the plan, a scale, North arrow and date.
(2) 
All existing significant plant materials on the site.
(3) 
All existing significant plant materials to be removed or relocated. As a guide to determining significance, all plant materials of a caliper of six inches or greater measured at four feet above grade shall be included and the function of all existing plant materials shall be considered, such as providing a screen or buffer, providing a public face (e.g. a street tree), performing a water quality function (e.g., materials along streams or drainage swales) or providing soil stabilization on sloped areas of the site.
(4) 
All existing and proposed structures on the site.
(5) 
Topographical contours at two-foot intervals.
(6) 
Details of any berms, walls or other structural screening devices.
(7) 
A plant list including all plant materials to be used keyed to the plan, using both common and botanic names, the quantity of materials used, the size of plant or plants, the ultimate size of plant materials at maturity, the root treatment and the quality of the plant materials to be used. Quality shall be consistent with American Standards for Nursery Stock published by the American Association of Nurserymen, Inc., Washington, D.C.
(8) 
Landscape design, including location and spacing of each plant to be planted, shall be shown to scale, as well as methods to be used in welling, staking, guying, mulching and wrapping; ground cover to be used; and the screening of any utility boxes where they appear at or above ground level.
C. 
Unless otherwise approved by the Planning Board or the Building Inspector, the landscaping plan shall be prepared by a licensed landscape architect who affixes his seal or registration number to the plan and signs it.
D. 
Alternative landscaping plans may be submitted, provided that they meet the purpose and intent of these regulations.
E. 
A performance bond or letter of credit.
(1) 
A performance bond or letter of credit in the amount of 125% of the cost of materials and installation shall be required for all landscaping to assure that all landscaping shall conform to an approved landscaping plan and that the landscaping survives in a healthy condition through the first full year. However, the Planning Board shall determine the amount of the performance bond or letter of credit for projects and shall consider the financial impacts of the one-hundred-twenty-five-percent performance bond standard on all projects it reviews. The performance bond or letter of credit shall be limited to one full year, beginning at the date of the landscape installation.
(2) 
In addition to the performance bond, provision must be made for the Building Inspector to enter the property to inspect the landscaping and, after notifying the owner of any deficiencies, shall have the right to recommend to the appropriate board that the performance bond be used topay for the replacement of any landscaping which does not comply with the approved landscaping plan. If the owner of the landscaping fails to replace dead, dying, diseased, stunned or infested plant materials, the Building Inspector may also recommend to the appropriate board that the performance bond be used to replace approved plant materials. The owner of the landscaping shall be required to perform all normal maintenance, including mowing, pruning, trimming, watering, fertilizing, mulching, pest control, weed control required of newly installed plant materials, including restaking and reguying disturbed trees and plants and restoring drainage saucers around plant materials. The performance bond shall be limited to a period of three years after the commencement of initial planting of all landscaping materials.
All applicable requirements of these landscaping regulations shall be implemented through the site plan approval process, Chapter 217, Article III, and the Subdivision Regulations, Chapter 213. All landscaping plans shall be reviewed by the Conservation Board, prior to approval by the Planning Board. In all other cases, not involving site plan approval or subdivision approval, these landscaping requirements will be enforced by the Building Inspector, prior to granting a certificate of compliance, certificate of occupancy or a building permit.
Any Planned Unit Development or Institutional Planned Development district which have their own landscaping regulations are exempt from the requirements of these regulations. However, in no case shall the landscaping regulations for these special planned districts be less restrictive than the landscaping requirements of these regulations.