§ 331-119.1. Landscaping requirements for multifamily, nonresidential and mixed-use zoning districts., Article XIII. Site Plan Approval, Chapter 331. Zoning, Part II. General Legislation, Code of Ordinances, New Rochelle

Multifamily residential landscaping requirements. Landscaping for residential development in multifamily residential zoning districts shall include an appropriate number of shade and evergreen trees as shall be determined by the Planning Board in its approval of the site plan. Any application to construct a development of multifamily dwellings requiring any parking lot shall include provisions for a buffer screening area at least 10 feet in width along any lot line abutting a privately owned lot in a one-family or two-family residence district.

Nonresidential and mixed-use zoning districts landscaping requirements. Any application to construct any building or structure or any parking lot in any nonresidence district or nonresidential use in a residence district or for a new Active Recreational Use or Expansion of Active Recreational Use which requires alteration by grading, drainage systems, Structures, and/or the creation of artificial or non-natural playing surfaces shall include provisions for the landscaping of all pervious surfaces with appropriate ground cover and/or grass and shall also include the planting of shade, ornamental, and evergreen trees, in accordance with the following schedule. These regulations shall apply to any nonresidential use located within a residential zoning district. These requirements shall not apply to self-storage facilities located in the LI Light Industrial District and the Fifth Avenue Overlay Zone (FA). The Planning Board has the authority to waive the requirements for deciduous and evergreen plantings and to substitute alternative species, when, in its judgment, such substitution is desirable:

[Added 6-19-2007 by Ord. No. 165-2007; amended 10-20-2009 by Ord. No. 199-2009; 5-20-2015 by Ord. No. 117-2015]

(1)

Buffer: A buffer screening area at least 10 feet in width along any lot line abutting a lot in a residence district that includes an opaque fence six feet in height and one deciduous tree for every 20 linear feet shall be provided along the entire property line abutting a residence and mixed-use district.

(2)

Landscape strip along right-of-way: A minimum five-foot-wide landscape strip between a right-of-way and the parking lot, planted with a minimum of one deciduous tree and 10 shrubs for every 35 linear feet of frontage (excluding driveway openings), shall be provided.

(3)

Perimeter landscaping: A landscape strip at least five feet in width, that includes at least one deciduous tree and a continuous row of evergreen shrubs, shall be required for every 35 linear feet of the perimeter.

(4)

Additional landscape treatment. All interior landscape areas (except where existing vegetation is preserved) shall be landscaped with grass, ground cover, shrubs, or other appropriate landscape cover.

(5)

Existing vegetation. The preservation of existing vegetation is strongly encouraged and may be used to meet the requirements of this section, provided the Planning Board determines that the intended purpose of this section is achieved.

A maintenance bond.

(1)

A maintenance bond 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 with an approved landscaping plan and that the landscaping survives in a healthy condition. However, the Building Official shall determine the amount of the maintenance bond for projects and shall consider the financial impacts of the one-hundred-twenty-five-percent performance bond standard on all projects the Board reviews. The maintenance bond shall be held for a minimum of five full years, beginning at the date of the issuance of the certificate of occupancy. The Planning Board may extend the bond period if deemed necessary to ensure plant survivability.

(2)

In addition to the maintenance bond, provision must be made for the Building Official to enter the property to inspect the landscaping and, after notifying the owner of any deficiencies, the Building Official shall require that the maintenance bond be used to pay for the replacement of any landscaping which is required in accordance with the approved landscaping plan. If the property owner fails to replace dead, dying, diseased, stunned or infested plant materials, the Building Official may also require that the maintenance bond be used to replace approved but deficient 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 of disturbed trees and plants and restoring proper drainage and water supply for plant materials in perpetuity.

Approval procedures. All applicable requirements of these landscaping regulations shall be implemented through the site plan or special permit approval processes. In all other cases, not involving site plan or special permit approval, these landscaping requirements will be enforced by the Building Official, if required by code, prior to granting a certificate of occupancy.

Exemptions. These requirements may be waived by the Planning Board in situations where the Board determines that adjoining land uses, topographic features or existing vegetation satisfy the same purpose. The Planning Board may allow the substitution of a wall or fence of location, height, design and materials meeting the requirements of this section, for all or part of the required planting.