ARTICLE VI.
LANDSCAPING AND WALLS

40-813. Intent and scope of requirements.

(a) Intent. Landscaping enhances the visual image of the township, improving property values and alleviating the impact of noise, traffic and visual distraction associated with certain uses. Screening is important to protect less intensive uses from the noise, light, traffic, litter and other impacts of more intensive, nonresidential uses. Accordingly, these provisions are intended to set minimum standards for the design and use of landscaping, greenbelts and screening, and for the protection and enhancement of the township’s environment. More specifically, the intent of these provisions is to:

(1)    Improve the appearance of off-street parking areas, vehicular use areas and property abutting public rights-of-way; and

(2)    Protect and preserve the appearance, character and value of the neighborhoods which abut nonresidential areas, parking areas and other intensive use areas, thereby protecting the public health, safety and welfare.

(b) Scope of application. No site plan shall be approved unless it shows landscaping consistent with the requirements of this article. A building permit shall not be issued until the required landscape plan is submitted and approved, and a certificate of occupancy shall not be issued unless provisions set forth in this section have been met or a performance guarantee has been posted in accordance with the provisions set forth in section 40-82

(c) Minimum requirements. The requirements in this article are minimum requirements, and under no circumstances shall they preclude the developer and the township from agreeing to more extensive landscaping.

(d) Design creativity. Creativity in landscape design is encouraged. Accordingly, required trees and shrubs may be planted at uniform distances, at random or in groupings, depending on the designer’s desired visual effect and, equally important, the intent of the township to coordinate landscaping on adjoining properties.

(Ord. No. 147-43, § 5.001, 12-15-2003)

40-814. General landscaping requirements.

(a) General site requirements. All developed portions of the site shall conform to the following general landscaping standards, except where specific landscape elements, such as a greenbelt, berms or screening are required:

(1)    All unpaved portions of the site shall be planted with grass, ground cover, shrubbery or other suitable live plant material, which shall extend to any abutting street pavement edge. Grass areas in the front yard of all nonresidential uses shall be planted with sod.

(2)    A mixture of evergreen and deciduous trees shall be planted on the unpaved open portions of nonresidential parcels where specific landscaping requirements do not appear later in this article. The total number of trees required shall be determined at the time of site plan review, based on the overall appearance of the site and the amount of landscaping provided elsewhere on the site. Required trees may be planted at uniform distances, at random or in groupings.

(b) Landscaping adjacent to roads and road rights-of-way. Where required, landscaping adjacent to roads and road rights-of-way shall comply with the following planting requirements:

(1)    Minimum requirements. Where required, landscaping adjacent to a road or road right-of-way shall consist of a landscaped area with a minimum depth of ten feet, which shall be located on private property contiguous to the road right-of-way, excluding openings for driveways and sidewalks. Through lots and corner lots shall provide such landscaping along all adjacent road rights-of-way. The planning commission may permit all or a portion of the landscaped area to be located within the road right-of-way or elsewhere within the front setback area, provided that the planning commission finds that the following conditions exist:

a.    Such relocation of the landscaped area is consistent with the intent of this section.

b.    Relocation of the landscaped area is justified because of the physical characteristics of the site, the location of existing easements, sidewalks or landscaping, the configuration of existing parking, the need to maintain emergency vehicle access, or because of other public health or safety concerns.

c.    Such relocation of the landscaped area will not result in less landscaped area than would be required if the landscaped area had been located on private property contiguous to the road right-of-way.

d.    Such relocation of the landscaped area will not jeopardize traffic safety or the general planning of the township.

e.    Any relocation into a public road right-of-way or easement shall have county road commission approval.

(2)    Required plantings. For the purposes of computing length of road frontage, openings for driveways and sidewalks shall not be counted. Trees and shrubs may be planted at uniform distances, at random or in groupings.

Type

Requirements

Deciduous tree

1 per 40 lineal feet of road frontage

Shrubs

6 per 40 lineal feet of road frontage

(3)    Location.

a.    Where planted, trees shall comply with the following minimum setbacks, as measured from the center of the tree:

1.    Setback from edge of road: ten feet.

2.    Setback from fire hydrant: five feet.

3.    Setback from vehicular access way or sidewalk: five feet.

b.    When planted, shrubs shall comply with the following minimum setbacks, as measured from the edge of the shrub:

1.    Setback from edge of road: five feet.

2.    Setback from fire hydrant: five feet.

(c) Berms. Where required, berms shall conform to the following standards:

(1)    Dimensions. Unless otherwise indicated or appropriate, required berms shall be measured from the grade of the parking lot or first ground adjacent to the berm, and shall be constructed with slopes no steeper than one foot vertical for each three feet horizontal (33 percent slope), with at least a two-foot flat area on top. Berms may undulate in height, subject to review and approval of berm design as shown on the site plan. Unless otherwise indicated, the maximum height of required berms shall be three feet.

(2)    Protection from erosion Any required berm shall be planted with sod, ground cover or other suitable live plant material to protect it from erosion so that it retains its height and shape. The use of railroad ties, cement blocks and other types of construction materials to retain the shape and height of a berm shall be prohibited unless specifically reviewed and approved by the planning commission.

(3)    Required plantings.

a.    Berms located in the front yard of nonresidential parcels. Berms located in the front yard of nonresidential parcels shall be landscaped in accordance with the requirements for landscaping adjacent to roads, subsection (b) of this section.

b.    Berms used for screening other than in the front yard. Berms used for screening other than in the front yard shall be landscaped in accordance with the requirements for screening, subsection (e) of this section.

(4)    Measurement of berm length. For the purpose of calculating required plant material, berm length shall be measured along the exterior edge of the berm.

(d) Greenbelts. Where required, greenbelts shall conform to the following standards:

(1)    Measurement of greenbelt length. For the purposes of calculating required plant material, greenbelt length shall be measured along the exterior edge of the greenbelt.

(2)    General planting requirements.

a.    Grass or ground cover requirements. Grass, ground cover or other suitable live plant materials shall be planted over the entire greenbelt area, except where paved walkways are used.

b.    Tree and shrub requirements. Except where the greenbelt is used for screening, a minimum of one deciduous or evergreen tree shall be planted for each 40 lineal feet or portion thereof of required greenbelt or, alternatively, eight shrubs may be substituted for each required tree. Trees and shrubs may be planted at uniform distances, at random or in groupings.

c.    Distance from sidewalk. Plant materials shall not be placed closer than four feet from the right-of-way line where the greenbelt abuts a public sidewalk.

d.    Setback from property line. Plant materials shall be placed no closer than four feet from the property line or fence line.

(3)    Greenbelts used for screening. Greenbelts used for screening shall be landscaped in accordance with the requirements for screening, subsection (e) of this section.

(e) Screening.

(1)    General screening requirements. Unless otherwise specified, wherever an evergreen or landscaped screen is required, screening shall consist of closely-spaced evergreen plantings (i.e., no farther than 15 feet apart) which can be reasonably expected to form a complete visual barrier that is at least six feet above ground level within three years of planting. Deciduous plant materials may be used provided that a complete visual barrier is maintained throughout the year.

(2)    Screening of equipment. All mechanical equipment, satellite dish antennas and similar equipment shall be screened on at least three sides. Insofar as practical, said screening shall exceed the vertical height of the equipment being screened by at least six inches within two years of planting.

(f) Parking lot landscaping. In addition to required screening, all off-street parking areas shall also provide landscaping as follows:

(1)    Landscaping ratio. Off-street parking areas containing greater than 15 spaces shall be provided with at least ten square feet of interior landscaping per parking space. The amount of parking lot landscaping may be decreased to seven square feet per parking space where a berm is constructed to screen the parking from the road in accordance with subsection (c) of this section. Whenever possible, parking lot landscaping shall be designed to improve the safety of pedestrian and vehicular traffic, guide traffic movement and improve the appearance of the parking area.

(2)    Minimum area. Landscaped areas in parking lots shall be no less than five feet in any single dimension and no less than 150 square feet in area. Landscaped areas in or adjacent to parking lots shall be protected with curbing or other means to prevent encroachment of vehicles.

(3)    Other landscaping. Required landscaping elsewhere on the parcel shall not be counted in meeting the parking lot landscaping requirements.

(4)    Required plantings. Requirements for plant material shall be based on the location, size and shape of the parking lot landscaped area. A minimum of one tree shall be planted per 300 square feet or fraction thereof of interior landscaped area. At least 50 percent of each interior landscaped area shall be covered by living plant material, such as sod, shrubs, ground cover or trees. Plantings within parking lots shall comply with the requirements for unobstructed site distance set forth in section 40-665(4). The landscape plan shall indicate the types, sizes and quantities of plant material proposed for such area.

(g) Landscaping of rights-of-way. Public rights-of-way located adjacent to required landscaped areas and greenbelts shall be planted with grass or other suitable live ground cover, and shall be maintained by the owner or occupant of the adjacent property as if the rights-of-way were part of the required landscaped areas or greenbelts. Trees and shrubs shall not be planted in the road right-of-way without first obtaining approval from the agency that has jurisdiction over the road and shall be planted no closer to the edge of the road pavement than the distances specified in the following chart:

Setback

 

Trees

10 feet (measured from center of tree)

Shrubs

5 feet (measured from perimeter of shrub)

(h) Maintenance of unobstructed visibility for drivers. No landscaping shall be established or maintained on any parcel or in any parking lot that will obstruct the view of drivers. Accordingly, all landscaping shall comply with the provisions concerning unobstructed sight distance set forth in section 40-665(4).

(i) Potential damage to utilities and public facilities. In no case shall landscaping material be planted in a way which will interfere with or cause damage to underground utility lines, public roads or other public facilities. Species of trees whose roots are known to cause damage to public roadways, sewers or other utilities shall not be planted closer than 15 feet from any such roadways, sewers or utilities. Trees shall be setback from overhead utility lines as indicated in the following chart:

Minimum distance from center of trunk to nearest utility line

Tree height (feet)

Up to 15 feet

10

15 to 25 feet

20

Over 25 feet

30

(j) Landscaping of divider medians. Where traffic on driveways, maneuvering lanes, private roads or similar vehicle access ways are separated by a divider median, the median shall be curbed and have a minimum width of ten feet. A minimum of one deciduous or evergreen tree shall be planted for each 30 lineal feet or portion thereof of median. Trees may be planted at uniform distances, at random or in groupings, but in no instance shall the center-to-center distance between trees exceed 60 feet.

(k) Irrigation. The site plan shall indicate the proposed method of watering landscaped areas. Although not required, installation of an in-ground irrigation/sprinkler system is encouraged, particularly in front yards.

(Ord. No. 147-43, § 5.002, 12-15-2003)

40-815. Specific landscaping requirements for zoning districts.

(a) Requirements for commercial, office and industrial districts. All lots or parcels of land located in office, commercial or industrial zoning districts shall comply with the following landscaping requirements:

(1)    General site landscaping. At least six percent of the site shall be maintained as landscaped open area. All such open areas shall conform to the general site requirements in section 40-814(a), except where specific landscape elements are required.

(2)    Landscaping adjacent to road or road right-of-way. All commercial, office and industrial developments shall comply with the requirements for landscaping adjacent to the road or road right-of-way in section 40-814(b).

(3)    Berm requirements. A berm may be used to screen off-street parking from view of the road, in which case the berm shall be a maximum of three feet in height and shall be planted in accordance with section 40-814(b). The berm shall be located totally on private property, adjacent to the road right-of-way. Parking lot landscaping may be reduced if a berm is constructed to screen off-street parking, in accordance with section 40-814(f).

(4)    Screening. Landscaped screening or a wall shall be required wherever a nonresidential use in a commercial, office or industrial district abuts directly upon land zoned for residential purposes. Landscaped screening shall comply with the requirements in section 40-814(e). If a wall is used instead of landscaping, the wall shall comply with the requirements in section 40-820

(5)    Parking lot landscaping. Off-street parking areas containing greater than 15 spaces shall comply with the requirements for parking lot landscaping in section 40-814(f).

(6)    Privacy screen. Where multiple-family dwellings are designed so that rear open areas or patio areas front onto a public street, a landscaped privacy screen shall be provided (see illustration). The screen may consist of a combination of trees, shrubs and berming, subject to review by the planning commission.

PRIVACY SCREEN

(b) Requirements for nonresidential uses in residential districts. All nonresidential uses developed in residential zoning districts shall comply with the following landscaping requirements:

(1)    General site landscaping. At least ten percent of the site shall be maintained as landscaped open area. All such open areas shall conform to the general site requirements in section 40-814(a), except where specific landscape elements are required.

(2)    Landscaping adjacent to road or road right-of-way. All nonresidential developments located in residential districts shall comply with the requirements for landscaping adjacent to the road or road right-of-way in section 40-814(b).

(3)    Berm requirements. A berm may be used to screen off-street parking from view of the road, in which case the berm shall be a maximum of three feet in height and shall be planted in accordance with section 40-814(b). The berm shall be located totally on private property, adjacent to the road right-of-way. Parking lot landscaping may be reduced if a berm is constructed to screen off-street parking, in accordance with section 40-814(f).

(4)    Screening. Landscaped screening or a wall shall be required wherever a nonresidential use abuts directly upon land zoned for residential purposes. Landscaped screening shall comply with the requirements in section 40-814(e).

(5)    Parking lot landscaping. Off-street parking areas containing greater than 15 spaces shall comply with the requirements for parking lot landscaping in section 40-814(f).

(Ord. No. 147-43, § 5.003, 12-15-2003)

40-816. Standards for landscape materials.

Unless otherwise specified, all landscape materials shall comply with the following standards:

(1)    Plant quality. Plant materials used in compliance with the provisions of this chapter shall be nursery grown, free of pests and diseases, hardy in the county, in conformance with the standards of the American Association of Nurserymen, and shall have passed inspections required under state regulations.

(2)    Nonliving plant material. Plastic and other nonliving plant materials shall not be considered acceptable to meet the landscaping requirements of this chapter. Water bodies, boulder groupings, landscape furniture and manmade landscape ornaments, singly or in combination, shall not account for more than 30 percent of the ground area to be landscaped.

(3)    Plant material specifications. The following specifications shall apply to all plant material proposed in accordance with the landscaping requirements of this chapter:

a.    Deciduous shade trees. Deciduous shade trees shall be a minimum of 2½ inches in caliper measured 12 inches above grade with the first branch a minimum of four feet above grade when planted.

b.    Deciduous ornamental trees. Deciduous ornamental trees shall be a minimum of 1½ inches in caliper measured six inches above grade with a minimum height of four feet above grade when planted.

c.    Evergreen trees. Evergreen trees shall be a minimum of five feet in height when planted. Furthermore, evergreen trees shall have a minimum spread of 2½ feet, and the size of the burlapped root ball shall be at least ten times the caliper measured six inches above grade.

d.    Shrubs. Shrubs shall be a minimum of two feet in height when planted. Low growing shrubs shall have a minimum spread of 24 inches when planted.

e.    Hedges. Hedges shall be planted and maintained so as to form a continuous, unbroken visual screen within two years after planting, barring unusual growing conditions, such as drought or disease. Hedges shall be a minimum of two feet in height when planted.

f.    Vines. Vines shall be a minimum of 30 inches in length after one growing season.

g.    Ground cover. Ground cover used in lieu of turf grasses in whole or in part shall be planted in such a manner as to present a finished appearance and reasonably complete coverage after one complete growing season.

h.    Grass. Grass area shall be planted using species normally grown as permanent lawns in the county. Grass, sod and seed shall be clean and free of weeds, pests and diseases. Grass may be sodded, plugged, sprigged or seeded. When grass is to be established by a method other than complete sodding or seeding, nurse grass seed shall be sown for immediate effect and protection until complete coverage is otherwise achieved. Straw or other mulch shall be used to protect newly seeded areas.

i.    Mulch. Mulch used around trees, shrubs and vines shall be a minimum of three inches deep, and installed in a manner as to present a finished appearance.

j.    Undesirable plant material. Use of the following plant materials (or their clones or cultivars) is not encouraged because of susceptibility to storm drainage, disease and other undesirable characteristics. Additional undesirable plant materials may be identified, a list of which shall be maintained by the zoning administrator.

1.    Box elder.

2.    American elm.

3.    Tree of heaven.

4.    European barberry.

5.    Northern catalpa.

6.    Poplar.

7.    Willow.

8.    Silver maple.

9.    Horse chestnut (nut bearing).

(Ord. No. 147-43, § 5.004, 12-15-2003)

40-817. Installation and maintenance.

The following standards shall be observed where installation and maintenance of landscape materials are required:

(1)    Installation. Landscaping shall be installed in a sound, workmanlike manner to ensure the continued growth of healthy plant material. Trees, shrubs, hedges and vines shall be generously mulched at the time of planting.

 

SUMMARY OF PLANT MATERIAL SPECIFICATIONS
1

 

Minimum caliper

Minimum height

Minimum spread

Minimum length

Deciduous trees

2½ inches 2

4 feet first branch

Ornamental trees

1½ inches 3

4 feet first branch

Evergreen trees

5 feet

2½ feet

Shrubs

2 feet

2 feet

Hedges

2 feet

Vines

30 inches after one season

Footnotes:

1 See section 40-816 for detailed requirements.

2 Measured 12 inches above grade.

3 Measured six inches above grade.

(2)    Protection from vehicles. Landscaping shall be protected from vehicles through use of curbs. Landscape areas shall be elevated above the pavement to a height adequate to protect the plants from snow removal, salt and other hazards.

(3)    Off-season planting requirements. If development is completed during the off-season when plants cannot be installed, the owner shall provide a performance guarantee to ensure installation of required landscaping in the next planting season, in accordance with section 40-82

(4)    Maintenance.

a.    Landscaping required by this chapter shall be maintained in a healthy, neat and orderly appearance, free from refuse and debris. All unhealthy and dead plant material shall be replaced immediately upon notice from the building official, unless the season is not appropriate for planting, in which case such plant material shall be replaced at the beginning of the next planting season.

b.    All landscaped areas shall be provided with a readily available and acceptable supply of water, with at least one spigot located within 300 feet of all plant material to be established and maintained. Trees, shrubs and other plantings and lawn areas shall be watered regularly throughout the growing season.

c.    All constructed or manufactured landscape elements, such as but not limited to benches, retaining walls, edging and so forth, shall be maintained in good condition and neat appearance. Rotted, deteriorated or damaged landscape elements shall be repaired, replaced or removed upon notice from the building official.

(Ord. No. 147-43, § 5.005, 12-15-2003)

40-818. Treatment of existing plant material.

The following regulations shall apply to existing plant material:

(1)    Consideration of existing elements in the landscape design.

a.    In instances where healthy plant material exists on a site prior to its development, the planning commission may permit substitution of such plant material in place of the requirements set forth previously in this section, provided such substitution is in keeping with the spirit and intent of this article and this chapter in general.

b.    Existing hedges, berms, walls or other landscape elements may be used to satisfy the requirements set forth previously, provided that such existing elements are in conformance with the requirements of this section.

(2)    Preservation of existing plant material.

a.    Site plans shall show all existing trees which are located in the portions of the site that will be built upon or otherwise altered, and are five inches or greater in caliper, measured 12 inches above grade.

b.    Trees shall be labeled "To be removed" or "To be saved" on the site plan. If existing plant material is labeled "To be saved" on the site plan, protective measures should be implemented, such as the placement of fencing or stakes at the drip line around each tree. No vehicle or other construction equipment shall be parked or stored within the drip line of any tree or other plant material intended to be saved.

c.    In the event that healthy plant materials which are intended to meet the requirements of this chapter are cut down, damaged or destroyed during construction, said plant material shall be replaced with the same species as the damaged or removed tree, in accordance with the following schedule, unless otherwise approved by the zoning administrator based on consideration of the site and building configuration, available planting space, and similar considerations:

 

CALIPER MEASURED 12 INCHES ABOVE GRADE

Damaged tree

Replacement tree

Replacement ratio

Less than 6 inches

2½ to 3 inches

1 for 1

More than 6 inches

2½ to 3 inches

1 replacement tree for each 6 inches in caliper or fraction thereof of damaged tree

 

(Ord. No. 147-43, § 5.006, 12-15-2003)

40-819. Modifications to landscape requirements.

In consideration of the overall design and impact of a specific landscape plan, and in consideration of the amount of existing plant material to be retained on the site, the planning commission may modify the specific requirements outlined herein, provided that any such adjustment is in keeping with the intent of this article and this chapter in general. In determining whether a modification is appropriate, the planning commission shall consider whether the following conditions exist:

(1)    The public benefit intended by the landscape regulations could be better-achieved with a plan that varies from the strict requirements of this chapter; and

(2)

a.    Topographic features or other unique features of the site create conditions such that strict application of the landscape regulations would result in a less effective screen than an alternative landscape design; or

b.    Parking, vehicular circulation or land use are such that required landscaping would not enhance the site or result in the desired screening effect.

(Ord. No. 147-43, § 5.007, 12-15-2003)

40-820. Obscuring wall standards.

Where permitted or required by this chapter, obscuring walls shall be subject to the following requirements:

(1)    Location; exception. Required obscuring walls shall be placed inside and adjacent to the lot line except in the following instances:

a.    Where underground utilities interfere with placement of the wall at the property line, the wall shall be placed on the utility easement line located nearest the property line.

b.    Subject to planning commission approval, required walls in a nonresidential district may be located on the side of an alley right-of-way closest to the adjacent residential zone when mutually agreed upon by affected property owners and residents. The continuity of the required wall shall be considered by the planning commission in reviewing such requests.

c.    Walls shall not extend closer to the front lot line than the required front setback.

(2)    Corner clearance. Obscuring walls shall comply with the specifications for maintenance of unobstructed sight distance for drivers, section 40-665(4).

(3)    Substitution or waiver.

a.    As a substitute for a required obscuring wall, the planning commission may, in its review of the site plan, approve the use of other existing or proposed living or manmade landscape features (such as closely spaced evergreens) that would produce substantially the same results in terms of screening, durability and permanence. Any such substitute screening shall comply with the applicable requirements in sections 40-665(4) and 40-814

b.    If a fence is approved by the planning commission as a suitable substitute for a required obscuring wall, the fence shall be constructed of redwood, cedar or No. 1 pressure-treated wood. Chainlink fences with obscuring slats may be permitted for screening purposes by the planning commission; however, the property owner shall maintain the slats in good condition at all times.

c.    The zoning board of appeals may waive the requirements for an obscuring wall upon making the determination that:

1.    The adjoining residential district is in transition and will become nonresidential in the future; or

2.    Existing physical features provide adequate screening.

(4)    Wall specifications. Required walls shall be construed of masonry material that is architecturally compatible with the materials used on the facade of the principal structure on the site, such as face brick, decorative block or poured concrete with simulated brick or stone patterns. Alternately, walls may be constructed of pre-cast steel-reinforced panels, anchored in place by steel I-beam columns, provided that the pre-cast panels have a simulated brick or stone pattern that is compatible with the architecture of the principal structure.

(5)    Wall requirements. For the uses and districts listed below, an obscuring wall shall be provided as specified along property lines that abut a residential district, except where landscaped screening is permitted by the planning commission as screening in lieu of a wall per the requirements stated in section 40-814(e):

Proposed use or district

Wall height requirements

Off-street parking

4.5 feet

Office uses or districts

4.5 feet

Multiple family uses or districts adjacent to single family districts

4.5 feet

Commercial uses or districts

6.0 feet

Industrial uses or districts

6-foot minimum, up to 8 feet to completely screen storage, loading, and service areas

Utility buildings, substations

6.0 feet

Service and delivery areas

6.0 feet

(Ord. No. 147-43, § 5.008, 12-15-2003)

40-821. Walls in residential districts.

(a) General standards. Walls shall be permitted in residential districts, subject to the standards for location and height set forth in section 40-665(4). Walls in residential districts shall be constructed of masonry material that is architecturally compatible with the materials on the facade of the principal structure, such as face brick or decorative block, based upon the determination of the zoning administrator.

(b) Entranceway structures. Residential subdivision entranceway structures, such as walls, columns or gates which mark the entrance to a single-family subdivision or multiple-family development, shall be permitted in the required setback area, provided that the structures comply with all of the following:

(1)    The entranceway structure shall comply with the requirements for unobstructed site distance in section 40-665(4).

(2)    Entranceway structures shall not exceed four feet, six inches in height.

(3)    Entranceway structures shall not be located in the existing or planned right-of-way.

(4)    Approval of the building official and issuance of a building permit shall be required prior to construction.

(5)    Signage on the entranceway structure shall comply with the adopted sign regulations of the township.

(Ord. No. 147-43, § 5.009, 12-15-2003)

40-822—40-850. Reserved.