§ 337-23. Landscaping requirements; buffer zones.

A. 

General.

(1) 

Applicants for new construction or reconstruction or an addition to any existing structure (other than a detached single-family residence) shall, upon making application for land use approval of the Land Use Approval Board, also submit a complete landscaping plan, prepared by a certified landscape architect. The landscaping plan shall be submitted for review and advice in quadruplicate (one of which will be submitted to the Conservation Officer and Shade Tree Committee) and shall specify the location of planting material, their minimum sizes, quantity, variety and species. The landscaping plan shall demonstrate the location of all existing shade trees 10 inches in caliper or greater, five feet above ground level, and all existing ornamental trees four inches in caliper or greater, one foot above ground level, on an overlay which may be placed over the landscaping plan. The character of buffer areas and screen devices, including dimensions and the arrangements of areas devoted to plantings, lawns, trees and shrubs, must be shown on the land use approval plan. Existing trees 10 inches in diameter or greater shall be retained within the development unless such retention results in unreasonable burden upon the developer as determined in the sole discretion of the Conservation Officer.

(2) 

A minimum of 25% of the area shown on the land use approval plan shall be reserved for landscaping, which shall be reasonably distributed within the area, and which shall include foundation plantings in suitable planting beds not less than three feet wide on the front, sides and rear of any building structure. Such foundation plantings shall be of suitable size in proportion to the size of the building structure and shall be subject to the approval of the Conservation Officer. The requirements of this subsection shall be in addition to the requirements as set forth herein for parking buffer zones and shade trees in the shade tree right-of-way.

(3) 

Parking areas, 1/10 of the total of such area or 1,000 square feet within each 10,000 square feet of paved area shall be landscaped with planting material reasonably distributed in the area. Any landscaping counted within this area shall not be considered as fulfilling the percentage of coverage of landscape requirements of this article as set forth in Subsection A(2) above. Landscaping in parking area shall be located in protected areas, such as along walkways, in center islands, at the end of bays or in diamonds between stalls. Such protected areas shall be constructed so as to prevent damage to plant material from vehicles.

(4) 

One approved shade or ornamental tree as defined in the planting specification adopted by the Township Engineering Division shall be planted for every five parking places. These shall be reasonably distributed in parking areas in any landscaped areas combined with shrubbery. The base of each tree shall be left free of pavement for a diameter of not less than seven feet. No paving shall be placed within 12 1/2 feet of any existing tree to be retained which is 10 inches or greater in diameter.

(5) 

Parking areas must be shaded by deciduous trees (either retained or planted by the developer) that have or will have when fully mature a trunk at least 12 inches in diameter. New trees shall be of a type suitable and adaptable to a parking lot for shading.

(6) 

Each tree shall be capable of shading a circular area having a radius of 15 feet with the trunk of the tree as the center. There must be sufficient trees so that, using this standard, 35% of the parking area will be shaded.

(a) 

All remaining areas not classified on the land use approval plan as parking, buildings or structures, buffer or foundation planting zones shall be suitably graded and landscaped with grass, ground cover, trees, shrubs and other suitable plants in a manner most compatible to the area and consistent with the aesthetic considerations of this article.

(7) 

Approved shade trees shall be planted along all roads, drives and parking areas in accordance with the specifications. One tree shall be required for each 50 feet of frontage or designated area. Trees shall be located an average distance of 50 feet apart, not less than 35 feet nor more than 75 feet, and 10 feet from a line that is directly under any utility lines and five feet from utility boxes. Trees shall be planted in the shade tree right-of-way, which is the area eight feet to 10 feet in from the sidewalk on the interior or dwelling side thereof. Shade trees shall be a minimum of two inches to 2 1/2 inches caliper, measured at a height of six inches from the ground. They shall be live, healthy, balled and burlapped, tree-farm specimens with straight, uncut leaders. Shade trees referred to above and in Subsection A(3) shall be selected from among the approved species as defined in the planting specification adopted by the Township Engineering Division.

B. 

Buffer zones. Buffer zones shall provide a year-round visual screen in order to minimize adverse impacts from a site on adjacent property or from adjacent areas.

(1) 

Any use required by this article or requested by the Land Use Approval Board to provide a buffer zone shall comply with the following regulations regarding a buffer area and buffer screen.

(2) 

Within a buffer area, a solid and continuous landscape screen shall be planted and maintained. Planted materials in the buffer zone shall be placed within the buffer and shall be sufficiently large and planted in such a fashion that a screen at least eight feet high, occupying 50% of the width of the buffer, shall be produced within three growing seasons. The buffer may consist of evergreen and deciduous plants, natural features, bends, fencing, mounds, or combinations, to achieve objectives. A variety of plant material providing seasonal color and interest should be provided. Possible arrangements of plant material include plantings in parallel, serpentine or broken rows. If planted berms are used, the minimum top width shall be four feet and the maximum side slope shall be two-to-one. The intense density of the buffer screen may be reduced by the Land Use Approval Board if it is found that the proposed use is visually attractive and not detrimental to the appearance of the neighboring uses.

(3) 

Within any buffer zone, no use, activity or sign shall be established other than in accordance with Township Code.

(4) 

Any commercial use required by this article or requested by the Land Use Approval Board to provide a buffer zone to separate such use from another commercial use or from industrial use shall be required to provide a greenbelt between said uses consisting of an area or strip of land not less than eight feet and no more than 50 feet which shall be landscaped in accordance with the Township planting specifications for buffer areas with a minimum of a single row of massed evergreen supplemented by deciduous trees and shrubs.

(5) 

Any industrial, commercial or school use which shall be required by this article or requested by the Land Use Approval Board to provide a buffer zone to separate such use from a residential use shall provide a buffer area, consisting of a strip of land 50 feet in width, which shall be landscaped in accordance with the regulations herein set forth and in accordance with the shade tree planting specifications for buffers and with a minimum row of massed evergreens, deciduous trees and shrubs.

(6) 

In all areas where a buffer zone is required by this article, permanent curbing shall be installed simultaneously with the installation of landscaping and screening for the protection of the buffer zone.

C. 

Residential sites. Landscaping, grass and shade tree installation shall be installed in the course of the development of any residential site in accordance with the planting specifications adopted by the Township.

D. 

The landscaping shall be installed and provided in accordance with the approved plan.

E. 

A developer shall not be permitted to excavate land or remove trees, shrubs and other plantings from a proposed building site or tract of land to be subdivided or other undeveloped land on which an application is pending before the Land Use Approval Board until a landscaping plan has been approved, except that 1% of the trees and plantings of any tract may be removed to facilitate preliminary engineering associated with an application by the developer to the Land Use Approval Board.

F. 

Prior to the issuance of a certificate of occupancy, the applicant or developer of any tract of land or building site shall be required to post a performance bond to cover the cost of such landscaping which shall not have been completed prior to such time as the building erected on such tract or site is ready to be occupied. The amount of such performance bond shall be established by the Township Engineering Division with the advice of the Conservation Officer and shall be posted with the Township of Marlboro. Said bond shall be released only after the expiration of a twenty-four-month period following certification by the Township Engineering Division, with the recommendation of the Conservation Officer, that the total landscaping plan as previously approved has been completed.

G. 

A certificate of occupancy shall not be issued by the Building Inspector until all requirements of this article have been met, unless the applicant or developer shall furnish written notice to the Township that all landscaping shall be completed during the first planting season after initial occupancy.

H. 

Builder shall disclose, via a separate forestry survey (to be included with all residential and commercial closing documents), all existing trees that need to be retained, as well as the 25% of the property designated for landscaping. All buffer zones and other areas subject to the landscaping requirements of this article, including all trees, shrubbery, grass and fences located therein, shall be properly maintained for a period of 12 months following certification by the Conservation Officer in the Township Engineering Division that the total landscaping plan as previously approved has been completed. At the time of said certification, the applicant or developer shall post with the Township a maintenance bond in an amount equal to 1/2 of the total cost of the installation of all landscaping required by this article. Said maintenance bond shall be in addition to any performance bond required under Subsection F. All plantings which shall fail to survive for a period of 24 consecutive months following certification by the Conservation Officer in the Township Engineering Division shall be replaced by the applicant or developer at its expense. Such replacement shall be made within 60 days following a written demand for replacement issued by the Township or within such extended period of time as may be specified. Such replacement planting shall conform to the standards applicable to original plantings as set forth in this article.