[Added by the Planning Board 4-2-2019]
The process of development, with its alteration of the natural
topography and creation of impervious cover, can have a negative effect
on the ecological balance of an area by accelerating the processes
of runoff, erosion and sedimentation.
A.
The purpose of this article is to:
B.
The purpose and intent of this article is as follows:
(1)
To implement the recommendations of the Master Plan, including:
(2)
To aid in stabilizing the environment's ecological balance by
contributing to the processes of air purification, oxygen regeneration,
groundwater recharge and stormwater runoff retardation while at the
same time aiding in noise, glare and heat abatement.
(3)
To ensure that the local stock of native trees and vegetation
is protected and replenished.
(4)
To provide visual buffering and enhance the beautification of
the Town.
(5)
To safeguard and enhance property values and to protect public
and private investment.
(6)
To preserve and protect the identity and environment of the
Town of Wolfeboro and preserve the economic base attracted to the
Town of Wolfeboro by such factors.
(7)
To conserve energy by providing shade in the summer and direct
sun in the winter.
(8)
To protect the public health, safety and general welfare.
(9)
To preserve and improve the visual and environmental character
of the neighborhood and the Town of Wolfeboro in general.
A.
Streetscape, buffer and screening plans, as part of the site plan
review process, shall be submitted for all commercial and multifamily
residential uses. The plans shall clearly delineate the existing and
proposed parking spaces or other vehicular use, access, aisles and
driveways and the location, size and description of all landscape
and buffer materials, including the quantity and the botanical and
common names of all plants.
B.
No streetscape, buffer, and screening plan submitted pursuant to
this section shall be approved unless it conforms to the requirements
of this article.
C.
Inclusion of existing trees in the landscape design is encouraged.
D.
All plantings shall be appropriate for the Wolfeboro hardiness zone
(Zone 4, plants capable of withstanding temperatures to at least -30°
F.).
E.
75% of all acceptable plantings shall be from the tree list in the publication "Selecting Trees for Urban Landscape Ecosystems: Hardy Species for Northern New England Communities," NH Department of DRED and/or Selective Shoreland Plantings. See Attachment A.[1]
[1]
Editor's Note: Said list is included as an attachment to this
chapter.
F.
Streetscape, buffering, and screening plans shall be developed and
approved as required in the Site Review Regulations, Town of Wolfeboro.
In the case where a question may arise between the Town and the developer
regarding a proposed streetscape, buffer and screening plan, a third
party (certified landscape professional or landscape architect), as
approved by the Town and the developer, may be called upon to make
recommendations for Planning Board consideration, all costs to be
borne by the developer.
G.
After the implementation of the streetscape, buffer, and screening
plan, a one-year performance guarantee to replace dead or dying plantings
shall be required. The guarantee shall be equal to 25% of the installed
cost of the streetscape, buffering, and screening plantings.
A.
Objectives. The objectives of this section are to encourage the planting
and retention of existing trees and other vegetation to improve the
appearance of the streetscape/front yard areas; and to protect and
preserve the appearance, character and value of surrounding properties
and thereby promote the general welfare, safety and aesthetic quality
of the Town of Wolfeboro.
B.
STREETSCAPE
STREETSCAPE YARD
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A combination of physical space and vertical elements, such
as trees and shrubs, the purpose of which is to maintain and improve
the appearance of the public streets' corridors.
The yard area established by the front (street) setback required
for maintaining existing vegetation (trees and shrubs) or the planting
of new trees and shrubs to create and maintain a desirable streetscape.
C.
General standards.
(1)
The existing natural streetscape character shall be preserved
to the extent reasonable and feasible. As an example of this, in the
front yard (streetscape) area containing a stand of trees, the developer
shall use care to preserve such trees in accordance with the following
standards:
(a)
All trees shall be unmistakably delineated in the field so that
it is obvious to all equipment operators and other construction personnel.
(b)
All field personnel who work directly around or in the vicinity
of protected tree areas should know the techniques for preventing
damage.
(c)
Harmful practices include grading or trenching within a save area, placing backfill near trees, driving or parking equipment within the save areas, and dumping trash or hazardous material in close proximity to tree-save areas. See Attachment B.[1]
[1]
Editor's Note: The related guidelines for saving trees are
included as an attachment to this chapter.
(d)
Historic or special interest trees within the streetscape yard
shall be preserved.
(2)
In determining whether there is compliance, the Planning Board
shall consider topographical constraints on design, drainage, access
and egress, utilities and other factors reasonably related to the
health, safety and welfare of the public which necessitated disturbance
of the property without the disturbance of its natural character,
the nature and quality of the landscaping installed to replace it
and such other factors as may be relevant and proper. Clearing and
stripping of the natural vegetation on a lot is prohibited prior to
obtaining an approved streetscape, buffer, and screening plan as part
of the site plan approval.
(3)
All landscaping which is in the required streetscape areas and
which is adjacent to pavement shall be protected with concrete or
granite curbs or equivalent barriers (such as car bumpers, railroad
ties, etc.) when necessary to protect the vegetation from vehicular
damage.
(4)
Landscaping in streetscape areas shall not obstruct the view
between the street and the access drives and parking aisles near the
street yard entries and exits, nor shall any landscaping which creates
an obstruction of view be located in the radius of any curb return.
(5)
Plant materials used in conformance with the provisions of this
article shall be of nursery stock quality and conform to the American
Standard for Nursery Stock, American Standards Institute, Inc., 1250
I Street, NW, Suite 500, Washington, D.C. 20005.
D.
Streetscape yard area requirements.
(2)
Shrubbery, ground cover and other planting materials shall be
used to complement the tree planting but shall not be the sole contribution
to the landscaping. Effective use of earth berms, existing topography
and existing trees is also encouraged as a component of the streetscape
and buffer plan and shall be considered as a part of the landscaping
requirement.
(3)
All newly planted trees shall be planted in a permeable area
of no less than a three-foot-wide radius from the base of the tree.
(4)
Minimum requirements.
(a)
The following minimum streetscape requirements shall be required
in the yard area adjacent to any platted right-of-way in an area equal
to the front setback requirements as established by the applicable
zoning district:
[1]
One canopy tree of at least three-inch caliper
per each 1,000 square feet of yard area, half of which may be evergreen.
[2]
One shrub at least two feet in height per 500 square
feet of yard area.
[3]
The Planning Board may, based on the guidance of
a certified landscape professional or landscape architect, permit
existing living vegetation to be used to satisfy all or a portion
of these requirements.
(b)
The aforementioned requirements are minimum standards and do
not express the landscaping design layout.
A.
Objectives. The objectives of this section are to encourage the planting
and retention of existing trees and other vegetation to preserve the
appearance, character and value of surrounding properties; to establish
buffer strips between properties of different land uses in order to
reduce the effects of sight and sound and other incompatibilities
between abutting land uses; and to ensure that noise, glare and other
distractions within one area do not adversely affect activity within
the other area.
B.
BUFFER
BUFFER YARD
Definitions. As used in this section, the following terms shall have
the meanings indicated:
A combination of physical space and vertical elements, such
as plants, berms, fences or walls, the purpose of which is to separate
and screen incompatible land uses from each other.
The yard area required on a more intensively developed lot
for plantings and architectural screening. The buffer yard is intended
to mitigate some of the adverse impacts of more intensely developed
properties. The buffer yard width shall be established per the standards
set forth in Table 1,[1] and the depth shall be equal to the length of the impacted
property line or the limits of site development plus 50 feet, whichever
is less.
[1]
Editor's Note: Table 1 is included at the end of this section.
C.
Buffer yards, when required.
(1)
A buffer yard shall be required of any lot in any zoning district,
except lots within the Central Business District, South Wolfeboro
Limited Business District and the Bay Street Limited Business District
that do not share a boundary line with a lot which lies in any residential
district, when the proposed use of a lot abuts a lot of a lower intensity
use. Historic or special interest trees within the buffer yard shall
be preserved.
(2)
When a public right-of-way separates lots of different intensities,
buffer yards shall be provided on any side or rear of the higher intensity
use that abuts the right-of-way as per the table below. The buffer
yard shall be required in the front yard of use groups classified
as Use Intensity 4 or 5.
(3)
When a site plan is submitted to modify or expand an existing
building or site improvements, or accommodate a change in land use,
buffer yard and screening requirements shall only be applied to those
portions of the site that are directly affected by the proposed improvements,
or change in land use, as determined by the Planning Board.
D.
Buffer yards, general standards. Buffer yards shall contain vegetative
plantings and/or architectural screening that achieves the purpose
of the buffer yard, and which meets the requirements for buffering
below. Trees used for buffering purposes shall be suitable as defined
below "Screening, general standards."[2]
(1)
The maximum slope of any buffer yard shall be 2 to 1. Additional
width shall be added to any portion of any buffer yard that exceeds
this slope such that the minimum buffer yard width is met by land
less steep than 2 to 1.
(2)
The buffer yard shall be located entirely within the higher
intensity use lot and abutting a lower intensity use lot or adjacent
right-of-way. However, the buffer yard may be placed in the lower
intensity use lot or partially on both lots if both lots and entire
buffer yard width are within common ownership and a permanent easement
is provided over any portion of the buffer yard not on the higher
intensity use lot.
(3)
A driveway required to serve the principal structure on the
site may exist in the buffer yard; provided, however, that the driveway
does not lessen the effectiveness of any required side or rear buffer
yard.
(4)
Buffer yards shall be maintained in a natural condition free of structures, loading or storage areas, parking, roads, or driveways except as provided for in Subsection D(3) above.
(5)
Buffer yards required by this section shall be applied equally
to all similarly situated properties. Modifications to these standards
may be granted in writing by the Planning Board if the Planning Board,
after consultation with a certified landscape professional or landscape
architect, finds any of the following circumstances exist on the proposed
building site, or surrounding properties:
(a)
Natural land characteristics such as topography or existing
vegetation on the proposed building site would achieve the same intent
of this section.
(b)
Innovative landscaping or architectural design is employed on
the building site to achieve an equivalent screening or buffering
effect.
(c)
The required buffering would be ineffective at maturity due
to the proposed topography of the site, and/or the location of the
improvements on the site.
(d)
The topography of adjacent and surrounding sites is such as
to render required buffering ineffective at maturity.
(6)
Buffering must provide year-round opaque screening of the site.
(7)
When the acreage of a site is significantly larger than the
area proposed for physical improvements or active usage, buffer yards
shall be reserved as required by this section. However, to achieve
the intent of this section, the Planning Board may require an alternative
location and design for required screening and plantings.
(8)
Buffer yard dimensions and screening requirements shall be provided
as detailed in the chart below:
|
Table 1
| |||||
|---|---|---|---|---|---|
|
Buffering Requirements
| |||||
|
Abutting Uses (lower intensity)
| |||||
|
Proposed Uses
|
1
|
2
|
3
|
3
|
5
|
|
1
|
N/A
|
N/A
|
N/A
|
N/A
| |
|
2
|
A
|
N/A
|
N/A
|
N/A
|
N/A
|
|
3
|
B
|
A
|
N/A
|
N/A
|
N/A
|
|
4
|
D
|
C
|
C
|
N/A
|
N/A
|
|
5
|
D
|
D
|
B
|
N/A
| |
|
Buffer Yards
|
Architectural
|
Vegetative
|
|---|---|---|
|
A
|
4 screen 5 buffer yard (width) small evergreen trees
|
10 buffer yard (width), small evergreen trees and evergreen
shrubs
|
|
B
|
4 screen 10 buffer yard (width) small evergreen trees
|
20 buffer yard (width), small evergreen trees, and evergreen
shrubs
|
|
C
|
6 screen (width) 20 buffer yard (width) large and small evergreen
trees
|
30 buffer yard (width), large evergreen trees, small evergreen
trees, and evergreen shrubs
|
|
D
|
6 screen (width) 25 buffer yard (width) large deciduous and
large evergreen trees
|
40 buffer yard (width), large evergreen trees, small evergreen
trees, and evergreen shrubs
|
|
Land Use Intensity
| |||||||||
|---|---|---|---|---|---|---|---|---|---|
|
Classifications for Buffer Yard
| |||||||||
|
1
|
2
|
3
|
4
|
5
| |||||
|
1. Single-family
|
1. Multifamily
|
1. Personal services
|
1. Manufacturing
|
1. Boat storage
| |||||
|
2. Duplex
|
2. Professional office
|
2. Retail
|
2. Marinas
|
2. Self storage
| |||||
|
3. Vacant
|
3. Medical offices
|
3. Movie theatres
|
3. Service stations
|
3. Warehousing
| |||||
|
4. And the like
|
4. Bed-and-breakfast
|
4. Banks
|
4. Hospitals
|
4. Bulk storage of volatile fuels
| |||||
|
5. Governmental uses (offices) arts
|
5. Museums
|
5. Car dealerships
|
5. Metal shops
| ||||||
|
6. Educational facilities
|
6. Cultural arts
|
6. Governmental uses
|
6. Storage and use of heavy equipment centers
| ||||||
|
7. And the like
|
7. Restaurants
|
(all others)
|
7. Lumber yard
| ||||||
|
8. Laundries
|
7. And the like
|
8. And the like
| |||||||
|
9. Inns
| |||||||||
|
10. Elderly housing
| |||||||||
|
11. Church
| |||||||||
|
12. And the like
| |||||||||
A.
Objectives. The objectives of this section are to ensure that noise,
glare and other distractions within one area do not adversely affect
activity within the other area.
B.
SCREENING
Screening definitions. As used in this section, the following terms
shall have the meanings indicated:
Fences, enclosures, or walls, softened by planting, the purpose
of which is to prevent objectionable items and/or activities from
adversely impacting abutting properties.
C.
Screening, when required.
(1)
If the buffering requirements of this article do not provide
adequate screening of the following items, then screening shall be
provided, in addition to the requirements listed below, for:
(a)
All articles or materials being stored, maintained, repaired,
processed, erected, fabricated, dismantled, or salvaged, such that
the activity is not visible from surrounding properties or roads.
(b)
Refuse storage and loading areas, such that these activities
are not visible from surrounding properties or roads.
(c)
Rooftop and ground level mechanical equipment, such that it
is not visible from surrounding properties or roads.
(2)
All trash dumpsters or containers used for recycling shall be
screened with architectural screening.
D.
Screening, general standards.
(1)
Screening shall be continuous and in place at the time of occupancy.
If vehicular or pedestrian access through the screen is necessary,
the screening function shall be preserved.
(2)
Screening may be architectural or vegetative, per the requirements
below:
(a)
Acceptable architectural screening materials include stockade
fences, decorative masonry walls, brick walls, and earth berms, and
other like materials approved by the Planning Board.
(b)
Architectural screening shall be at least four feet in height
and shall be supplemented with plantings.
(c)
Vegetative material shall be alive and in good health.
(d)
Small evergreen trees shall be at least four feet in height
at planting and allowed to grow to at least six feet in height. Large
evergreen trees shall be at least six feet in height at planting and
allowed to grow to at least 10 feet in height. All required vegetation
shall be maintained in good condition.
(e)
Deciduous trees shall be at least three inches in caliper and
10 feet to 12 feet in height. They shall be supplemental and not deemed
to be adequate screening in themselves.
(f)
Acceptable vegetative plantings include any tree listed in the
"Selecting Trees for Urban Landscape Ecosystems: Hardy Species for
Northern New England Communities," NH Department of DRED, or "Selected
Shoreland Plants" from A Guild to Developing and Redeveloping Shoreland
Property in New Hampshire streetscape and buffering purposes; or similar
dense hedge. Plantings must be effective when dormant.
E.
Screening design and development shall be compatible with the existing
and proposed land use and the development character of the surrounding
land and structures.
(1)
Screening shall be of sufficient density and diversity to achieve
the intent of this section. However, at the time of planting, the
spacing of trees shall not exceed 12 feet on center, and the planting
pattern shall be staggered. Shrubbery shall be more closely spaced.
Specific exceptions to this requirement may be granted by the Planning
Board to encourage quality and creativity of design where the intent
of this section is met.
(2)
Existing vegetation within buffer yards shall be considered
as a substitute for otherwise required landscaping or screening if,
in the opinion of the Planning Board, the type, size, and density
of the existing vegetation complies with the standards and intent
of this section.
(3)
When a proposed buffer yard has a variation in elevation of
greater than 10 vertical feet at any point, the required screening
or landscaping within the yard shall be placed to maximize the effectiveness
of the screening or landscaping, as determined by the Planning Board.
(4)
Trees planted to meet any of the screening requirements may
also be used to meet any other landscaping requirement within this
article.
(5)
Screening required by this section shall be applied equally
to all similarly situated properties. Modifications to these standards
may be granted in writing by the Planning Board if the Planning Board
finds any of the following circumstances exist on the proposed building
site or surrounding properties:
(a)
Natural land characteristics, such as topography or existing
vegetation on the proposed building site, would achieve the same intent
of this section.
(b)
Innovative landscaping or architectural design is employed on
the building site to achieve an equivalent screening or buffering
effect.
(c)
The required screening and landscaping would be ineffective
at maturity due to the proposed topography of the site, and/or the
location of the improvements on the site.
(d)
The topography of adjacent and surrounding sites is such as
to render required screening ineffective at maturity.
