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HomeMy Public PortalAbout1986_10_22_O049ORDINANCE NO. AN ORDINANCE: 86-0-49 PRESENTED October 22, 1986 ~NDED October 22, 1986 ADOPTED ~tober 22, 1986 A~NDING THE LEESBURG ZONING ORDINANCE REGARDING LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS WHEREAS, an amendment of the Leesburg Zoning Ordinance to establish new landscaping, screening and open space regulations within the Leesburg corporate limits was initiated by Council on June 11, 1986; and WHEREAS, the Leesburg Planning Commission held a public hearing on these proposed regulations on August 7, 1986; and WHEREAS, the Planning Commission recommended adoption of these regulations on August 7, 1986; and WHEREAS, the Council held a public hearing on these regulations on September 24, 1986; and WHEREAS, the public necessity, convenience, general welfare and good zoning practice require the adoption of consolidated and revised landscaping, screening and open space regulations to apply within the corporate limits of Leesburg: THEREFORE, ORDAINED by the Council of the Town of Leesburg in Virginia as follows: SECTION I. The Leesburg Zoning Ordinance is hereby amended by adopting a revised Article 9A: Landscaping, Screening and Open Space Regulations as con- tained in the text under this title submitted to Council October 17, 1986, sub- ject to an amendment of Section 9A-6 to read as follows: "This requirement shall apply to all zoning districts except single-family detached residential districts." SECTION II. The prior Article 9A of the Leesburg Zoning Ordinance, Article 7, Section 700.5.6.1(g) of the Loudoun County Zoning Ordinance, as adopted and administered by the Town of Leesburg in the annexation area, and all other prior ordinances in conflict herewith are hereby repealed. - 2- AMENDING THE LEESBURG ZONING ORDINANCE REGARDING LANDSCAPING, SCREENING, AND OPEN SPACE REGULATIONS SECTION III. Severability. If any provision of this Article is declared invalid by a court of competent jurisdiction, the decision shall not affect the validity of the Article as a whole or of any remaining provision of the Article. SECTION IV. This ordinance shall be in effect upon its passage. PASSED, this 22nd day of October ATTE ST: Clerk of C~ncil , 1986. Town of Leesburg ARTICLE 9A L&IqDSCAPING, SC~~ AND OPgN SPACE REGIII~TIONS PART I. GENERAL REGULATIONS 9A-1 PURPOSE AND INTENT. The purpose of this Article is to regulate the planting and preserva- tion of landscape materials; to promote the general health, safety and welfare of our citizens; to facilitate the creation of an attractive environment; to protect property values and to further the urban design and economic development objectives of the Town Plan. To these ends, these regulations are intended to promote the planting and preservation of landscape materials which: (a) Provide screening and buffering between incompatible land uses. (b) Provide parkiRg lot landscaping to reduce the harmful effects of heat, noise and glare associated with motor vehicle use. (c) Provide shade and enhance the appearance of urban areas. (d) (e) Provide for the creation of safe, attractively landscaped areas adjacent to public streets by using landscape materials which separate vehicular and pedestrian areas. Provide for the protection of ground water and 'air quality through the mitigating effects of trees. (f) Provide for useful and attractive open space areas. 9A-2 APPLICABILITY. The provisions of this Article shall apply to all development plans and subdivision applications within the corporate limits approved after the effective date of this ordinance including those which include the recon- struction and enlargement of existing structures. This Article does apply to the enlargement of any parking lot, but does not apply to the resurfacing of any existing lot. This Article shall apply to the construction of any parking lot with greater than five spaces and the construction, extension or widening of any public or private street. 9A-3 LANDSCAPE PLAN REQUIRED A landscape plan meeting the requirements of this Article is required for all subdivisions and development plan applications as described in Sections 13-62 and 13-71 of the Subdivision and Land Development Regula- tions. ADOPTED 10/22/86 LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 9A-4 REVIEW PROCEDURES The Land Development Official shall be responsible for the review of all landscape plans. The Land Development Official shall forward an eval- uation of any required landscape plan to the Planning Commission or Town Council, as appropriate before final approval of any land development application. 9A-5 CONTENTS OF LANDSCAPE PLAN Every landscape plan required by this Article shall be prepared by a Landscape Architect, Landscape Contractor or other individual with profes- sional experience in landscape architecture. Ail landscape plans shall contain the following information: (a) Scale: Plans shall be drawn to a scale of not less than 50 feet to the inch on sheets not exceeding 24 by 36 inches. (b) Contents: Ail plans shall illustrate with sufficient detail the location of all proposed construction including driveways, parking areas, curbs, sidewalks, utility lines, structures and landscape areas. Landscape areas shall indicate dimensions, and all proposed trees and plants shall be illustrated. (c) Schedule: Ail plans shall be accompanied by a schedule of plants proposed, including the number proposed, their height, caliper or gallon size, common and botanical name. (d) Open Space: Ail plans shall include a table calculating the amount of open space and number of plants and trees required by the Zoning Ordinance and the amount of open space and number of plants and trees provided. (e) Existin~ Vegetation: Any existing vegetation proposed to be saved shall be identified by name, quantity and size. Methods of protect- ing the vegetation shall be illustrated or explained. LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 3 Part II: STREET TREE PLANTING 9A-6. APPLICABILITY. Street tree planting is required any time a public street is con- structed, extended or widened. This requirement shall apply to all zoning districts except single-family detached residential districts. In general, street trees shall be planted in the public right-of-way and maintenance of these trees shall be the responsibility of the Town of Leesburg. Where parking lots abut public street rights-of-way the requirements of Section 9A-9(c) shall apply. 9A-7 STREET TREE STANDARDS. (a) Species: Tree species shall conform to those identified as street trees on the plant list of Section 9A-15 of this Article. Sub- stitutions may be made with the permission of the Land Development Official. Ail street tree plantings must be approved by the Land Development Official. In reviewing plans for street tree plantings the Land Development Official shall consider: (1) The size, type and condition of existing street trees; (2) The adopted design study, landscape plan or design theme for the street; (3) The majority of street trees planted shall be medium or large scale canopy trees to provide shade and visual relief; and (4) Flowering ornamental trees should be planted in groups. (b) Number: One tree for every 40 feet of street frontage. (c) Location: In commercial zoning districts all street trees shall be located in the required landscape area adjacent to the street. In residential zoning district street trees shall be located generally within 20 feet of the right-of- way. Nothing in this section shall be construed as to require that tree plantings be planted at even intervals. LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 4 PART III. PARKING LOT LANDSCAPING 9A-8. APPLICABILITY. Ail parking areas described below, unless explicitly exempted, must be landscaped as described in this Article. For the purposes of this Article, parking lots are defined as any area used for the display or parking of any and all types of vehicles, boats or heavy construction equipment, whether these vehicles are or are not for sale or lease. This definition includes, but is not limited to parking lots and display areas for automobile dealerships and service stations. The area of the parking lot shall be calculated to include all paved areas used for ingress/egress. 9A-9. PERIMETER PARKING LOT LANDSCAPING. (a) Definition: Perimeter parking lot landscaping shall include all landscape areas outside the perimeter of the paved area of the lot including any landscape area required adjacent to a public street. (b) Applicability: The requirements of this section shall apply to the construction or enlargement of any parking lot with five or more parking spaces. No perimeter parking lot landscaping shall be required if a S-2 or S-3 screen as described in Section 9A-15 is required. (c) Parking Lots Adjacent to Public Streets: (1) Landscape Area. A continuous landscape area 10 feet in width, not including the sidewalk, shall be located between the parking lot and the property line. If road improvements are necessary across the frontage of the property, a continuous landscape strip with an average width of 10 feet may be provided to meet the requirements of this Section. If a parking lot is built adjacent to an existing parking lot which has land- scape area, narrower than ten feet in width, the width of the existing landscape area may be continued provided that it is at least four feet wide. (2) Number of trees. One tree for each 40 feet of frontage shall be planted in the 'landscape strip; (3) Screening adjacent to Public Street. Ail parking lots adjacent to the public street must be screened along at least one-half of the street frontage. Screening shall be accomplished through the planting of shrubs, hedges or the creation of berms. No plant material or berm shall obstruct the sight distance of motorists entering or leaving the site. LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS 10/17/86 5 (4) Species. Ail trees planted to meet the requirements of this section shall be street trees as identified in Section 9A-15 (plant list). (d) Other Parkin~ Lots: (1) Landscape Area. A continuous landscape area at least five feet in width, shall be located between the property line and the parking lot. (2) Number of Trees and Shrubs: One tree and three shrubs for every 50 feet of frontage shall be planted in the landscape area. (3) Species: Ail trtees planted to meet the requirements of this section shall be canopy trees as identified in Section 9A-15 (plant list). PA-10. INTERIOR PARKING LOT LANDSCAPING. (a) Definition: Interior parking lot landscaping is any landscape area over 50 square feet in area within the perimeter of the paved parking area and greater than five feet from any principal structure. (b) Applicability: These requirements shall apply to the construction or enlargement of any parking lot with ten or more parking spaces. Such landscaping shall be in addition to perimeter parking lot land- scaping, street tree planting and screening. The requirements of this section shall specifically not apply to automobile sales centers. (c) Interior Parking Lot Landscapin~ Standards: (1) Minimum Landscape Area: Five percent of the gross area of the parking lot. The gross area of the parking lot shall include all paved areas within the lot including areas for ingress/egress. Paved storage areas may be subtracted from this figure for land uses such as lumber yards and warehouses. (2) Minimum Landscape Area: No landscape area shall be less than 50 square feet. Each landscape area shall have at least one canopy tree. (3) Number of Trees: One tree for every ten parking spaces. (4) Number of Shrubs: Three shrubs for every ten parking spaces. (5) Species: At least three-fourths of the trees planted to meet the requirements of this Section must be canopy shade trees as identified in Section 9A-18 (plant list). LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 6 9A-11 MODIFICATION OF PARKING LOT LANDSCAPING REQUIREMENTS (a) Properties within the H-1 District (I} Landscape Area Adjacent to a Public Street: The Land Develop- ment Official may waive or reduce the requirement for a landscape area as described in Section 9A-9(c) (1) ; This requirement may be waived or reduced when the Land Development Officail finds that the required 10 foot area would serve no useful purpose, would result in a hardship to the property owner and that a suitable screening alternative has been provided where necessary. Alternative screening such as architectural walls may be permitted when approved by the Board of Architectural Review. (2~ Perimeter Parkin~ Lot Landscaping: The Land Development Official may waive or reduce the requirement for perimeter parking lot landscaping as described in Section 9A-9; This requirement may be waived or reduced when suitable screening alternative has been provided that is accceptable to the Land Development Official and the Board of Architectural Review. (3) Relation of Perimeter and Interior Parkin~ Lot LandscapinR: The Land Development Official may modify the numerical require- ments for the amount of landscape space and amount of plant materials as required in Sections 9A-9 and 9A-10. If additional landscape area or plant materials is provided that exceeds the requirements of the interior or perimeter parking lot landscaping the Land Development Offical may apply this to the alternative perimeter or interior landscaping requirements. LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS 10/17/86 ? PART IV. SCREENING AND BUFFER-YARD REQUIREMENTS 9A-12. APPLICABILITY. The requirements of this Part shall apply to all new construction and all reconstruction or enlargement of existing structures constituting more than 50% of the floor area of the existing structure(s). 9A-13 LAND USE CATEGORIES. For the purpose of this Article, existing and proposed land uses are divided into the four major land uses categories: residential, institu- tional, commercial and industrial. Each category is subdivided to reflect the intensity of the proposed use. For instance, the residential category is divided into single family detached, single family attached and multi-- family residential. In those instances where a proposed or existing use is not listed below, the Land Development Official shall decide which land use category is applicable. If the adjacent property is vacant the property shall be assumed to be the land use recommended in the Land Use Element of the Town Plan. (a) Residential (1) Ra - Single family detached and semi-attached (2) Rb - Single family attached (townhouses) (3) Rc - Multi-family residential .. (b) Institutional (1) Ia - Low Intensity (daytime only) uses including libraries, post offices and churches (2) Ib - Schools (3) Ic - Emergency Services including hospitals and fire and rescue stations (c) Commercial (1) Ca - Offices and general retail uses under 10,000 sq.ft, of gross leasable area; (2) Cb - Offices and General retail uses over 10,000 square feet of gross leasable area; (3) Cc Hotels and motels, fast-food restaurants, convenience grocery stores, vehicle sales and service; (d) Industrial (1) INa - Industrial uses without outdoor storage (2) INb - Industrial uses with outdoor storage LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 9A-14. BUFFER-YARDS (a) Definition: Buffer-yards are land areas provided to buffer adjoining land uses and shall be used for the planting of landscape materials. Buffer-yards shall not be used for the storage of materials, buildings, parking or loading areas for motor vehicles or equipment or signs. Driveway and entrances connecting adjacent parking lots or developments may interrupt the required buffer-yard. (b) Relation to setbacks: Buffer-yards may be provided in the area required for setbacks by the zoning district regulations, except in residential zoning districts. Buffer-yards in residential zoning districts may be provided in any of the following ways: in common open space, in common use easements located outside of the required lot area, or by providing additional yard space in addition to the required minimum yard requirements listed in the residential zoning district regulations. (c) Buffer-yards exceeding setbacks: In any instance when the buffer- yard required by this Article exceeds the setback required by the zoning district regulations the buffer-yard required by this Article must be provided. (d) Credit for existing buffer: Any existing buffer-yard proposed to be saved by a subdivision or development plan application, which complies with the intention of this section, shall be deemed to meet these buffer-yard requirements. (e) Buffer-Yards adjacent to a vacant parcel: Development plan and subdivision applications proposed adjacent to vacant parcels of property shall only be required to provide one- half of the required buffer- yard set forth in Section 9A-12 of this ordinance. (f) Buffer-yards adjacent to a developed site. (1) Existin~ development comDl¥in~ with buffer requirement. Whenever a development or subdivision is proposed adjacent to a developed property that has provided 100% of the required buffer-yard the adjacent proposed development or subdivision must provide at least one half of the width of the buffer-yard required by Section 9A-12 of this Article. This provision shall apply unless modified by Section 9A-15. LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 9 (2) ExistinK development not complyin~ with buffer requirement. Whenever a development plan or subdivision application is proposed adjacent to a developed property that has not provided any or all of the required buffer, the adjacent proposed develop- ment shall provide the balance of the buffer-yard required by Section 9A-13. This provision shall apply unless modified by Section 9A-15. 9A-15 SCREENING. (a) Definition: This Article establishes three different screens as identified in the matrix in Section 9A-14. Four separate types of plants are required: large or medium scale canopy shade trees, evergreen trees, ornamental trees, and evergreen shrubs. (b) Plant Varieties. Plantings must be identified as suitable buffer plants in Section 9A-15 of this Article. Alternative rarities may be approved by the Land Development Official. (c) Number of Plants. Plant materials are required per square foot of buffer area. For example, if the matrix requires a 25 foot buffer along a 100 foot property boundary a resulting 2500 square feet of buffer space is'required. Screen 1, Alternative A requires six medium or large scale canopy trees, and three ornamental trees. (d) Alternative Screens and Modifications. Alternative planting programs achieving the objectives of the required screens are per- mitted to allow flexibility in landscape design. The Land Development Official may approve any of the alternative screens provided below or a combination of the alternatives if the applicant can demonstrate that the objective of the screen has been met. The Land Development Official may reduce or eliminate the requirements for evergreen trees or shrubs if a landscape plan proposes the use of hedges, shrubs, walls, or berms that achieve the objective of the required screen. (1) Screen 1: An open screen between relatively similar land uses. Open screening shall provide an attractive separation between the land uses. Screen 1 shall consist of one of the three alternative planting programs described below or as otherwise approved as described in sub section (a) above: LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 10 SCREEN 1 TYPE OF PLANT A B C Canopy Trees 1/500 1/1000 1/500 Ornamental Trees 0 1/500 0 Evergreen Trees 0 0 1/350 Shrubs 1/100 1/100 1/200 Note: Ail figures are for per square foot of required buffer-yard. Canopy Trees Ornamental Trees Evergreen Trees Shrubs Note: (2) Screen 2: A semi-opaque screen between land uses which are dissimilar in character. Semi-opaque screening should partially block views from the adjoining land uses and create a separation between the adjoining land uses. SCREEN 2 A B C 1150O 1/1000 1/500 0 1/500 0 1/500 1/500 1/175 1/100 1/100 1/200 Ail figures are for per square foot of required buffer-yard. (3) Screen 3: A opaque screen between incompatible land uses. Opaque screening should block views between adjoining land uses and create a definite spacial separation. SCREEN 3 Canopy Trees Ornamental Trees Evergreen Trees A B C 1/5oo 1/lOOO 1/500 1/500 1/250 1/500 1/500 1/500 1/175 Shrubs 1/100 1/100 1/200 Note: Ail figures are for per square foot of required bu~ter-yara. * Tables express number of plants required per square foot of buffer-yard; LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 11 9A-16. SCREENING AND BUFFER-YARD MATRIX. The screening and buffer-yard matrix describes the requirements for screening and buffer-yards between adjoining land uses. This matrix cross references Sections 9A-9 ( Land use categories), 9A-10 (Screens), and 9A-11 (Buffer-yards). Ra Rb Rc INa [Nb INc Ca Cb Cc IDa Idb a X X 50 25' 25' 25' 25' 25' 50' 50' 50' X X S3 S2 S2 $3 S3 S3 S3 S3 S3 b X X 25 25' 25' 25' 25' 25' 50' 50' 50' - R X X S2 S2 S2 S3 S3 S3 S3 S3 c 50' 25" 25 25' 25' 25' 25' 25' 50' 50' 50' S3 S3 S1 $2 S2 S3 53 53 53 $3 S] a 25' 25' 25 X I0 25 X 10' 50' 50' 50' $2 52 $2 X S1 $2 · X 52 S2 52 b 25' 25' 25 10 × 10 Io 25' 25' 50' 50' IN 52 S2 S2 S1 X S1 r~ S2 S2 S2 c 25' 25' 25 25 10 X ,o 10 25' 50' 50' S~ 53 S3 S2 S1 X sz S2 S2 S2 a 25' 25' 25 × 10 25 k -10' 10' 25' S3 S3 S3 X S2 S2 X S2 S2 Sl S2 b 25' 25' 25 25' 25' 10' 10' 10' 10' 25' 25' C S3 53 S3 52 S2 S2 S2 S2 S2 S1 S2 c 50' 50' 50 50' 25' 25' 10' !0' 10' 25' 25' S3 S3 53 S2 S2 52 $2 $2 S2 Sl S2 a 50' 50' 50 50' 50' 50' 25' 25' 25' 10' 25' ID S3 $3 S3 S2 S2 52 S2 S2 S2 Sl Sl b 50' 50' 50 S0' 50' 50' 25' 25' 25' 25' 25' S3 S3 S3 53 S3 S3 S2 S2 S2 S1 Sl 9A-17. SCREENING OF OUTDOOR STORAGE AND LOADING AREAS. Ail outdoor'storage and loading areas created after the adoption of this ordinance shall be screened from all public streets and adjacent residential properties. An opaque screen at least eight feet in height comprised of plants, trees, walls or other opaque materials must be pro- vided. 9A-18. MODIFICATIONS OF SCREENING AND BUFFER-YARD REQUIREMENTS (a) Properties in the H-1 District: Buffer-yards may be. reduced or eliminated at the discretion of the Land Development Official for the development or subdivision of property in the H-1 district. An opaque screen accomplished through the construction of architectural fea- tures, walls or the planting of vegetative materials may be required as a substitute for all or a potion of the required buffer-yard. The Board of Architectural Review must approve these screens. LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 12 (b) Buffer-Yard exceedin~ 15% of Area. No buffer-yard shall be required which comprises more than 15% of the subject property . In any case which the required buffer-yard would exceed 15 % of the buffer-yard such yards shall be reduced to 15 % of the gross area of the site. (c) Construction of walls: Screening and buffer-yard requirements shall be reduced by one-third (1/3) where the developer constructs a six foot high brick or architectural block wall. (d) Temporary Uses: Screening and buffer-yard requirements may be reduced or eliminated by the Board of Zoning Appeals for temporarY uses of property as authorized in Section 10-2-3-2. (e) Combined Development Plan: The Land Development Official may modify or reduce the requirements for screening and buffer-yards when the adjoining land uses are developed under a combined development plan. LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS 10/17/86 13 Part IV: Standards 9A-19. MINIMUM SPECIFICATIONS FOR PLANT MATERIALS (a) Condition: Ail plants required by this Article shall be well branched and well formed, sound, vigorous, healthy and free from disease, sunscald, windburn, abrasion and harmful insect or insect eggs and shall have healthy, normal and unbroken root systems. Ail plants shall comply with the American Association of Nurserymen's Standards and conform to the representative species. (b) Size: Ail plant material installed to meet the requirements of this ordinance shall comply with the minimum size requirements below at the time of planting: (1) Street Trees Height: 15 feet; Caliper: three inches. (2). Canopy Trees Height: 12 feet; Caliper: Two and one half inches; (3) Evergreen Trees Height: 8 feet; Full branching. (4) Ornamental Trees Height: 6 feet (5) Shrubs Height: Two feet (6) HedKes Planted and maintained to form a continuous, solid visual screen at least two feet in height within one year after planting. 9A-20. PLANTING PROCEDURES All trees and shrubs shall be installed in a sound manner following accepted professional planting procedures. At a minimum all trees planted shall have footballs adequate to enclose the entire root system, all trees shall be mulched and staked, and all plants shall be watered at time of installation. 9A-21. PLANT LIST Plant material in the following list may be used to satisfy the requirements of this Article. The plant list is divided into the following categories: large canopy trees, medium canopy trees, evergreen trees, ornamental trees, shrubs, hedges and groundcover. Each plant is also classified by the following functions: street trees, parking lot shade trees, and buffer trees. Plants must conform with the varieties and functions identified in this plant list unless alternative varieties are approved by the Land Development Official. LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS 10/17/86 14 - Canopy Trees Common Name Botantical Name Function Ginkgo (Male) Thornless Honey Locust Green Ash Sycamore Red Maple Norway Maple Sugar Maple Pin Oak Red Oak Willow Oak Sweet Gum London Plane Tree 3apanese Pagoda Tree Littleleaf Linden Silver Linden Village Green Yellowwood Ginkgo biloba Parking,Street, Buffer Gleditsia triacanthos Parking, Street inermis Fraxinus pennsylvania Parking, Street, Buffer Platanus occidentallis Parking, Buffer Acer rubrum Acer platanoides Acer saccharum Quercus palustris Quercus borealis Quercus phellos Parking, Street, Buffer Parking, Street, Buffer Parking, Street , Buffer Parking, Street, Buffer Parking, Street , Buffer Parking, Street , Buffer Liquidambar styraciflua Platanus acerifolia Sophora japonica Tilia cordata Tilia tomentosa Zelkova serrata Cladrastis lutea Parking, Buffer Parking , Street, Buffer Parking, Street, Buffer Parking, Street, Buffer Parking, Street, Buffer Parking, Street, Bhffer Parking, Street, Buffer LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 15 Evergreen Trees Common Name Botantical Name Function Eastern Red Cedar Juniperus virginiana Buffer White Pine Pinus strobus Buffer Austrian Pine Pinus nigra Buffer Norway Spruce Picea abies Buffer American Holly Ilex opaca Buffer Dark American Thuja occidentalis Buffer Arborvitae nigra Common Name Amur Maple Dogwood Washington Hawthorn American Plum Bradford Pear Flowering Crabapple Flowering Cherry Downy Serviceberry Shadblow Ornamental Trees Botantical Name Acer griseum Cornus florida Crataegus plaenopyrum Prunus americana Pyrus calleryana bradford Malus (various species) Prunus (various species) Amelanchier arborea Amelanchier canadensis Function Buffer Street, Buffer Street, Buffer Street, Buffer Street, Buffer Street, Buffer Street, Buffer Buffer Buffer LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 16 Common Name Evergreen Shrubs Botantical Name English Yew Taxus baccata Buffer Japanese Yew Taxus cuspidata Buffer Azalea (various species) Buffer Chinese Holly Ilex cornuta Buffer Japanese Holly Ilex crenata Buffer Rhododendron (various species) Buffer Euonymus (various species) Buffer Common Name Function Deciduous and Flowering Shrubs Botantical Name Azalea '(various species) Buffer Cotoneaster (various species) Buffer Forsythia (various species) Buffer Viburnum (various species) Buffer Winged Euonymus (various species) Buffer Ground Cover Common Name Botantical Name Function Ajuga Ajuga repandens Buffer English Ivy Hedera helix Buffer Pachysandra Pachysandra terminalis Buffer Ground Juniper (various species) Buffer Dwarf Cotoneaster (various species) Buffer Periwinkle Vinca minor Buffer Function LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 17 9A-22. PRESERVATION OF VEGETATION AND TREE COVER. Existing tree cover within any proposed subdivision or development plan shall be retained to the greatest extent possible and taken fully into account in the design of the improvements and grading of the property. The Land Development Official must approve the removal of any tree which has a diameter breast height of -- inches. The Land Development Official shall approve such tree only when the development or subdivision of the requires the removal of the tree. 9A-23. CREDIT FOR EXISTING VEGETATION. (a) HedRerows: Hedgerows preserved at property boundaries may meet the requirements of screening as required by Part III of this ordi- nance. (b) Trees: Existing trees preserved on site may be used to satisfy the requirements for parking lot landscaping and street plantings required by Sections 9A 6, 7 and 13 of this Article. Any existing trees used to meet the requirements of the ordinance must be at least four-inch caliper, in healthy condition and be protected from construction activity. Such protection procedures shall be illustrated on the landscape plan. (c) Exceptional Trees: Trees of exceptional size, canopy, historic value or age preserved may be credited as fOur trees for the purposes of this Article if approved by the Land Development Official. 9A-24. MONITORING AND ENFORCEMENT (a) Responsibility: The enforcement of the provisions of this Article shall be the responsibility of the Zoning Administrator or designee. Any violation of this Article is a criminal misdemeanor as described in Section 9-5 of this ordinance. (b) Occupancy Permits: No occupancy permit shall be signed until the plants and other screening materials required by this Article have been installed to the satisfaction of the Zoning Administrator. (c) Bonds: If the weather prohibits the installation of the required plant materials at the time of occupancy, the applicant may, at his option, post a cash bond for the installation of the required plants. The bond shall be supported by an estimate by a landscape contractor of the cost of installing such landscaping, and a letter expressing the intent of the contractor to install the required plants. If the required landscaping is not installed within six months, the bond shall be forfeited to the Town to use for the planting of the required materials. LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 9A-25. MAINTENANCE REQUIREMENTS. (a) Responsibility.: The owner or his agent shall be responsible for the maintenance, repair and replacement of all landscape materials and fences required by this Article. (b) Condition: Ail landscape materials shall be kept in healthy condition free of all disease and infestation. Ail fences and screens shall be maintained in a safe and attractive condition. (c) Repair and Replacement: The owner or agent , upon written notice of the Zoning Administrator, shall repair or replace any landscape materials, screens or fencing not meeting the requirements of subsection (b) above within 30 days. 9A-26. SIGHT DISTANCE. No tree, shrub, hedge or vegetation, whether or not required by this Article, shall be planted or maintained in any way that interferes with the sight distance of any persons. LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 19 Part V: Open Space Regulations 9A-27. PURPOSE These regulations require the establishment and maintenance of improved open space to provide adequate light, air and space to residents or occupants of all developments. These regulations require the establish- ment of a non-profit organization to be responsible for the maintenance of common improvements in all developments and subdivisions, and shall apply to all development plans and subdivision applications submitted after adoption of this ordinance. The regulations below separately address open space in residential and non-residential developments. 9A-28. MINIMUM OPEN SPACE REQUIRED. Open space shall be provided in an amount required by the zoning district regulations. 9A-29. NONRESIDENTIAL PROPERTIES Open space area in non-residential zoning districts shall be appr- priately landscaped and shall not include streets, drives, off-street parking and loading areas, and areas so located or of such size or shape to have no substantial aesthetic or recreational value. Buffer-yards, areas of parking lot landscaping and yard setbacks may be_applied toward the require- ments of this section. (a) Maintenance Requirements. (1) Responsibility: The owner or his agent shall be responsible for the maintenance of all open space areas in a reasonable condition. (2) Condition: All open space areas shall be kept in a clean, attractive and safe condition. All open space areas shall be kept open to the residents or occupants this open space is intended to serve. (3) Repair: The owner or agent, upon written notice of the Zoning Administrator, shall repair any defective condition of the open space areas that render these spaces unusable or unsafe, within 30 days. If the deficiencies set forth by the Zoning Administrator have not been rectified within the 30-day period or any extension thereof, the Town, in order to preserve property values in the area and to prevent the open space from becoming a public nuisance, may repair the open space to a reasonable condition in accordance with the approved landscape plan. The owner shall be responsible for reimbursing the Town for any costs associated with this repair. LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 20 9A-30. Open space for Residential Properties (a) Applicability. These regulations shall apply to all land in common open space, not in lots, in residential developments whether these lands are proposed to be dedicated for public use or not; all improvements provided for common use and benefit whether or not required by this ordinance; and all lands to be dedicated or conveyed for public use. (b) General Requirements. (1) OrKanization: A non- profit organization or other legal entity under the laws of Virginia must be established to provide for the ownership, care and maintenance of all open space areas and improvements. (2) Covenants: Ail such organizations described in subsection (1) above shall be created by covenants and restrictions recorded among the land records of Loudoun County. Ail such covenants shall include provisions for the maintenance of common open space. (c) Maintenance Requirements. (1) Responsibility: The organization described in 9A-24(b)(1) shall be responsible for the maintenance of all open space areas and improvements in a reasonable condition. (2) Condition: Ail open space areas shall be appropr- iately landscaped and shall be kept in a clean, attractive and safe condition. Ail open space areas shall be kept open to the residents this open space is intended to serve. (3) Repair: The owner or agent, upon written notice of the Zoning Administrator, shall repair any defective condition of the open space areas that render these spaces unusable or unsafe, within 30 days. If the deficiencies set forth by the Zoning Administrator have not been rectified within the 30-day period or any extension thereof, the Town, in order to preserve property values in the area and to prevent the open space from becoming a public nuisance, may repair the open space to a reasonable condition in accordance with the approved landscape plan. The owner shall be responsible for reimbursing the Town for any costs associated with this repair. LANDSCAPING, SCREENING AND OPEN SPACE REGULATIONS - 10/17/86 21 9A-31 SUBMISSION REQUIREMENTS. Prior to the dedeication or conveyance of those lands described in Section 9A-30, the following documents shall be submitted to and appproved by the Town. (a) Articles of Incorporation: The articles of incorporation, by-laws or other organizational documentation for the nonprofit organization. (b) Covenants: The covenanats or restrictions related to the use of common property including the system and amounts o assessments. (c) Fiscal Pro~ram: A fiscal program for a ten year period to provide for the maintenence and care of all lands, streets, facilites and uses under the purview of the non-profit organization. (d) Right of Entry: A document granting the right of entry upon such common propoerty to the Town police officers, fire and rescue squad personnel while in pursuit of their duties;~ and, in the case of private streets and common driveways, permitting the enforcement of cleared emergency vehicle access. (e) Deed of Conveyance: A copy of the Deed of Conveyance and a Title Certificate or, if approved by the Town Manager, a com~nittment for a policy of title insurance issued by an insurance company authorized to do business in Virginia, assuring unencumbered title for all lands proposed to be conveyed to the Town, other appropriate governmental agency, or other organization, including the non- profit organization.