Landscaping.
§ 218-74. Landscaping. [Amended 12-9-2013 by Ord. No. 359]
A. General Landscaping Standards (1) In residential developments, applicants shall provide plantings or landscaping elements throughout the development to promote the purposes of this ordinance in addition to the screening and street trees required.
(2) In non-residential developments, all areas of the site not occupied by buildings and required improvements shall have been retained in their natural state as part of the site design process to the extent practicable. If the property was cleared in the past and the current state of the property does not serve as an adequate buffer or natural area, a planting plan shall be submitted for this area of the site.
(3) Where sites are disturbed as part of construction, but improvements such as paved areas, buildings, above-ground utilities, or other built features are not installed, these areas shall be landscaped in accordance with the standards provided in this section of the Zoning Ordinance.
B. Plant Selection (1) Plant varieties shall be selected for long term resistance to drought, moisture, salt, urban conditions, or insects and other pests depending on the location of landscaping and the specific stressors anticipated for different areas of the site. Plants should be selected so that landscaping can be maintained with minimal care and the need for watering, pesticides, or fertilizers is minimized or eliminated.
(2) Landscape professionals are encouraged to reference Sustainable Trees and Shrubs, 3rd ed., 1999, URI Cooperative Extension- Landscape Horticulture as well as other current standards for nursery stock/species.
(3) Under no circumstances shall any plant be selected that appears on the most recent listing of invasive species as published by the Rhode Island Invasive Species Council.
(4) Caliper measurements and root ball specifications for all trees and shrubs shall conform to the American Standard for Nursery Stock ANSI Z60.1-2004 as may be amended.
(5) Shade or canopy trees shall not be less than twelve (12) feet in planted height above grade.
(6) Ornamental or flowering fruit trees shall not be less than ten (10) feet in planted height above grade.
(7) Evergreen trees used for screening shall not be less than six (6) feet in planted height above grade.
(8) Lawn seed mixes shall be drought resistant. To achieve a high level of drought tolerance, lawn mixes may include, but shall not be limited to, a predominance of fine fescues.
C. Planting and Cultivation (1) Soil (a) In all areas where landscaping is to be provided and topsoil is to be removed for the purposes of site development and/or grading, topsoil shall be restored to a minimum depth of six (6) inches.
(b) Where pre-existing topsoil will be used for landscaping, such soil shall be cultivated to a depth of six (6) inches.
(c) Cultivated areas shall be covered with not less than a two (2) inch deep layer of mulch after planting where weed control is required. Mulch made of natural unstained material is preferred; any mulch made of recycled material or that is stained must be certified nontoxic.
(2) Lawns (a) Lawn area for ornamental purposes in commercial or industrial development shall be limited to yards with frontage and ornamental turf shall be limited to areas within the front yard setback. The use of turf in yards without frontage shall be limited to areas reserved for utilities, grass swales, or alternative parking surfaces.
(b) Lawn or turf areas shall not be less than six (6) feet in width.
(3) Trees and Plantings (a) Where there is no existing forested area, trees along streets are required as part of all development activity in accordance with the Zoning Ordinance.
(b) Trees shall be spaced approximately 30 to 40 feet on center along streets, but shall not be located within 30 feet of intersecting right of way lines.
(c) Pit cultivation for all trees shall be 2.5 times the diameter of the root ball and a depth equal to the same. Holes for trees shall be prepared in a manner that facilitates grow-in of new trees through the use of best practices.
(d) All trees and plant materials shall be disease and pest free at the time of planting.
(e) Trees and other landscaping shall be staked as necessary and provisions shall be made by the developer for adequate watering and maintenance until the plantings are established.
(f) No street trees shall be located in a manner that interferes with overhead or underground utility lines.
(g) When planted closer than seven (7) feet from the edge of any pavement, vertical barriers shall be installed to discourage the growth of tree roots into and immediately under the pavement area. Alternative tree planting methods such as the use of "CU-structural soilTM" to prevent damage to pavements and enhance tree growth are encouraged.
D. Site Protection. Protection of the site shall be in accordance with the following:
(1) Topsoil suitable for landscaping shall be retained on site in an amount as determined as part of the required landscape plan. To the maximum extent practicable, the developer shall minimize the areas of the site to be regraded or disturbed. Topsoil exposed during construction shall be protected through stabilization measures consistent with the Rhode Island Sediment Control Handbook;
(2) All organic material, rubbish, potentially harmful materials or debris shall be removed from the site in a timely fashion. Disposal of cleared, grubbed and stripped materials shall be the responsibility of the developer. All roots, stumps, brush, foliage and other vegetation that have been cleared or excavated shall be removed and disposed of by the developer off the project site;
(3) No filling, excavation, or material storage shall occur within four (4) feet of any shrub or the dripline of any tree that will be retained. Protective barriers shall be installed to protect this area surrounding retained vegetation and shall be a minimum of three (3) feet high and constructed of durable material. Snow fences and silt fences are examples of acceptable barriers;
(4) Parking of construction vehicles, offices/trailers, stockpiling of equipment/materials, etc. shall take place in areas designated for permanent structures or other impervious surfaces;
(5) Existing stone walls shall be retained and incorporated into the site design to the maximum extent practicable. Where possible, they shall be used as property lines for proposed new interior lots, perimeter property lines or to delineate open space areas from development areas; and (6) Disturbed areas intended for natural re-growth should be, at a minimum, graded, loamed, and seeded with wildflowers, perennial rye grass, a meadow or "conservation" native grass mix or similar non-invasive groundcovers.
E. Buffer Areas.
(1) Purpose. This Section requires buffers between certain land uses. The buffers are designed to ameliorate nuisances between adjacent land uses or between a land use and a public road. Such nuisances may include, but are not limited to, dirt, litter, noise, lights, signs, unsightly buildings, or parking areas. Buffers provide spacing to reduce potentially adverse impacts of noise, odor, or danger from fires or explosions.
(2) Location and design. Where required, buffers shall be located on the outer perimeter of the lot and extend to the lot boundary line. Buffers shall not be located on any portion of an existing, dedicated, or reserved public or private street or right-of-way. The offset distance of a buffer shall be calculated as parallel to the property line. Where a necessary drainage, utility, or other easement is partially or wholly within a required buffer, such item shall not count as buffer area unless specifically allowed elsewhere in the Zoning Ordinance.
(3) Use. A buffer may be used for passive recreation. In no event, however, shall play fields, stables, swimming pools, tennis courts or similar active recreation uses be allowed in buffers. A buffer may contain pedestrian, bike, or equestrian trails, provided that:
(a) The establishment of a trail does not require the removal of any living trees and no regrading is required as part of the trail development;
(b) The total width of the buffer is maintained; and (c) All other zoning requirements are met.
(4) Required buffers. Unless otherwise specified in another section of the Zoning Ordinance, the following buffers shall be provided.
(a) Public/Institutional uses. Where a public or institutional use abuts an exclusively residential use or district, a twenty (20) foot landscaped perimeter buffer area shall be established on the site and maintained between the site and the abutting residential use or district.
(b) Public Utility/Service uses. Where a public utility or service use abuts an exclusively residential use or district, a twenty (20) foot landscaped perimeter buffer area shall be established on the site and maintained between the site and the abutting residential use or district.
(c) Industrial uses. Where an industrial use abuts an exclusively residential use or district, a fifty (50) foot landscaped perimeter buffer area shall be established on the site and an opaque screen and/or fence consisting of an evergreen hedge not less than six (6) feet in height shall be planted and maintained between the site and the abutting residential use or district. Existing vegetation, if non-invasive, may be used as part of the screening for this requirement and supplemented in a manner that achieves the same opaque effect.
(d) Commercial/Business uses. Where a business use abuts an exclusively residential use or district, a twenty (20) foot buffer for C-1 and the TVD district, a twenty-five (25) foot buffer for districts C-2 & C-3, landscaped perimeter buffer area shall be established on the commercial site and an opaque screen consisting of an evergreen hedge or a fence not less than six (6) feet in height with evergreen plantings on the residential side shall be erected and maintained between the site and the abutting residential use or district.
F. Maintenance.
(1) Responsibility. The responsibility for maintenance of a required buffer shall remain with the owner of the property. Maintenance is required to ensure the proper functioning of a buffer.
(2) Maintenance. Maintenance shall consist of, but is not limited to, mowing, removal of litter and dead plant materials, and necessary pruning. Where necessary, watering shall be supplied in accordance with the needs of individual plant species. Failure to maintain any required landscaped area shall constitute a zoning violation.
G. Plan Required. A separate landscape plan shall be submitted when required as part of the development plan review or subdivision process.
H. Installation Required. All required landscaping shall be required to be planted and complete before the issuance of a Certificate of Occupancy by the Building Official.