A well-prepared landscape plan integrates the various elements of a site's design, while preserving and enhancing the preexisting identity of the site. It creates a sense of entry to a building and/or site. Landscape plans are required for all new developments to ensure protection of the site's natural features and sensitive areas; to provide landscaping that is consistent with standards for crime prevention through environmental design; to enhance community design by using landscaping to buffer incompatible uses; to create seasonal interest through use of a variety of landscaping materials; and to improve the general appearance of public and private spaces, walkways and open spaces throughout the community. Landscape plans tailored to the location, design and use of a particular site also enhance the Town's character. The landscaping standards are intended as a tool to implement the Town of Bel Air Comprehensive Plan goals of protecting sensitive areas, achieving quality growth and development and upgrading the Town's appearance.
[Amended 4-3-2017 by Ord. No. 780-17]
A. 
A landscape plan shall be submitted with each subdivision and site plan application. The plan shall include all elements required in § 165-57 of this article.
B. 
Additionally, landscape plans are required for any enlargement exceeding 500 square feet of an existing building and/or construction or expansion of a parking lot.
[Amended 4-3-2017 by Ord. No. 780-17]
The landscape plan must be prepared, signed and sealed by a landscape architect registered in the State of Maryland. The plan should specify the location, size, species, spacing of plant materials, method of installation, method for maintenance and retention of materials in accordance with standards outlined in the latest edition of the Town Landscape Manual.
A. 
The applicant shall submit a landscape plan, identifying all existing vegetation, streams, floodplain zones and nontidal wetlands, along with the preliminary site plan. The plan shall indicate provisions for landscape maintenance, stormwater management, revegetation, establishment of vegetated buffers and the method of providing perpetual protection of any special flood hazard areas as required by Chapter 210, Floodplain Management, of the Bel Air Town Code.
B. 
The plan shall include all existing and proposed street trees located within the public right-of-way. Wherever possible, the plan should emphasize use of native vegetation and incorporate sustainable development practices through the use of green roofs and associated sustainable planting practices.
C. 
The plan shall be reviewed by the Zoning Administrator and his/her designee and the Director of Public Works for completeness, conformance with the requirements of this Part 2 and for appropriateness of species and location.
D. 
Following staff approval, the plan shall be submitted to the Planning Commission, if applicable, for final review.
E. 
Any property owner seeking a modification to the approved plan shall submit a written request to the Department of Planning and Community Development justifying the proposed change and a revised plan graphically identifying the proposed modifications. Any significant revisions to the approved plan, as determined by the Zoning Administrator and Director of Public Works, will require Planning Commission approval.
F. 
The Department of Planning and Community Development shall forward said documentation to the Planning Commission for consideration if determined that revisions are significant. The Planning Commission shall then determine whether the modifications are comparable in quality, effectiveness and durability with the originally approved plan and whether minimum standards of this Part 2 have been satisfied. The modifications shall have no adverse visual effect on adjacent properties.
[Amended 4-3-2017 by Ord. No. 780-17]
A. 
General planting specifications.
(1) 
All proposed planting shall have a minimum size and height as outlined in the Town Landscape Manual.
(2) 
The condition of plant material shall meet standards outlined in the Town Landscape Manual. After, installation and acceptance, all required plant material shall be maintained by the property owner for the lifetime of the development.
(3) 
Within one year of planting, any dead or dying trees or plant materials shall be replaced by the applicant during the next planting season prior to release of any required surety.
(4) 
Existing vegetation shall be preserved to the maximum extent practical. The landscape plan shall identify the protection area and method of protection for retained vegetation. The applicant shall be responsible for replacement of such vegetation should removal or loss occur during and/or within one year of construction.
(5) 
No buildings, structures, storage of materials, or parking shall be permitted within preservation areas and designated buffer areas unless specifically approved by the Planning Commission.
B. 
Screening plans and materials.
(1) 
Every development shall provide sufficient screening when the Planning Commission determines that there is a need to shield neighboring properties from any adverse external effects of a development or to shield the development from negative impacts of adjacent uses.
(2) 
When building design and siting do not provide privacy, the Planning Commission may require landscaping, fences, or walls to screen dwelling units for privacy.
(3) 
When landscape buffers are used as screening, the buffers shall be measured from right-of-way, side and rear property lines, excluding driveways.
(4) 
Screening shall provide a year-round visual shield in order to minimize adverse impacts.
(5) 
Screening may consist of walls, fencing, vegetation, berms, rocks, boulders, mounds, or combinations thereof to achieve the same objectives.
(6) 
Plant species considered to be invasive or which may cause damage to the environment or infrastructure are prohibited. The list of these species are outlined in the Town Landscape Manual.
(7) 
If planted berms are used, the minimum top width shall be four feet, and the maximum side slope shall be 3:1.
(8) 
Plantings shall be watered regularly and in a manner appropriate for the specific plant species.
(9) 
Buffer areas shall be maintained and kept free of all debris, rubbish, weeds, and tall grass.
C. 
Tree plantings. In addition to general planting requirements noted above, any tree planting in close proximity to overhead or underground utilities shall satisfy the following specifications and standards:
(1) 
Any trees planted within 15 feet of the center of a distribution pole line (<69 kilovolts) should not have a mature height that exceeds 30 feet.
(2) 
Any trees planted in an area 15 feet to 40 feet from the center of a distribution pole line should not have a mature height exceeding 50 feet.
(3) 
Any trees that are allowed to generate to satisfy the forest conservation plan or other vegetation enhancement requirements shall conform to the requirements noted in Subsection C(1) and (2) above. These conditions shall be appended to any existing and future Town-approved forest conservation plans and associated declarations of covenants, conditions and restrictions, and within any recorded easements that may encumber the property through which a pole line or utility easement is situated.
(4) 
Major deciduous trees are not permitted within 10 feet of underground utilities excluding storm drains.
[Amended 4-3-2017 by Ord. No. 780-17]
A. 
Location. Major or minor deciduous trees shall be installed on both sides of all proposed streets and along the street frontage of all existing streets in accordance with the approved landscape plan.
(1) 
Trees shall be planted at predetermined intervals along streets; spacing shall depend on site conditions and species, as follows:
Tree Height
(feet)
Planting Interval
(feet)
Major deciduous trees
40
Minor deciduous trees
30
(2) 
Trees shall be planted so as not to interfere with utilities (buried and overhead), roadways, sidewalks, sight easements, or streetlights. Tree species location, and spacing shall be approved by the Planning Commission as part of the landscape plan. The plan must be approved by a representative of the Department of Natural Resources, Forest Service. Street trees should be planted in a right-of-way or easement area located behind the sidewalk to allow room for root growth.
B. 
Tree type. Selection of tree species shall be approved by the Zoning Administrator or his/her designee and the Director of Public Works.
C. 
Safety and visibility. Street trees shall not restrict sight lines at intersections, nor restrict the approach view of any traffic or road sign or device. The Planning Commission may waive street tree location requirements if their placement would have an adverse impact on safety requirements.
[Amended 4-3-2017 by Ord. No. 780-17]
A. 
Perimeter buffer.
(1) 
Planting for all required buffers is based upon the application of a standardized planting unit (PU) along the length of mandatory perimeter screening area. The required planting is based on dividing the length of required buffer by the number of planting units per linear foot or fraction thereof. Table 165-59.I, below, provides the number of planting units per linear foot.
(2) 
Planting unit is equal to the following tree or shrub types or a combination thereof:
[Amended 4-2-2018 by Ord. No. 783-18; amended 11-1-2021 by Ord. No. 806-21]
1
Major deciduous tree
2
Minor deciduous trees
2
Evergreen trees
10
Shrubs
Table 165-59.I
Use
Use
Buffer Width
(feet)
Buffer type
Multifamily, townhouse or institutional use
Single family
10
1 pu/25 LF (1 pu/50 LF w/ 6-foot fence, wall, berm)
Recreation
Residential
10
1 pu/15 LF
Residential (rear or side yard)
Collector/arterial right-of-way
20
1 pu/10 LF
Nonresidential parking
Residential
10
1 pu/10 LF
Industrial (heavy)
Residential
25
1 pu/5 LF
Industrial (light)
Residential
15
1 pu/7.5 LF
Parking
Residential
10
1 pu/10 LF (1 pu/20 LF w/6-foot fence, wall or berm)
Nonresidential parking
Right-of-way
3
1 pu/25 LF
Residential parking
Right-of-way
5
1 pu/25 LF
Nonresidential parking
Commercial
3
No buffer required
(3) 
The Planning Commission may approve a lesser buffer width or screening requirement in the B-2, B-2A and B-3A Districts based upon mitigating factors such as walls, fencing, elevation change or existing vegetation.
(4) 
Buffer widths may be expanded and buffer planting may be increased if required by performance standards in Article VIII, the zoning district in Article III or by determination of the Planning Commission based upon site conditions, intensity of proposed use or impact to adjacent uses.
(5) 
Spacing shall be based on the selected species or the conditions at the site.
(6) 
Commercial, industrial, institutional, multifamily residential uses shall provide screening in the form of landscaping and fencing around any proposed utility, storage or service areas and refuse/recycling areas.
(7) 
The location, size, species, design, method of installation and planting area must meet requirements set forth in the Town Landscape Manual.
B. 
Parking lot interior landscape.
(1) 
"Parking lot interior" is defined as the area located within the outside edge of all paving area used for parking and vehicular access.
(2) 
Interior parking lot landscape is required for all development containing more than five spaces. Landscape area shall equal or exceed 8% of the interior area.
(3) 
One major deciduous tree shall be provided for every 10 parking spaces. Any fraction of spaces below five may be disregarded.
(4) 
The location, size, species, design, method of installation and planting area must meet requirements set forth in the Town Landscaping Manual.
A. 
Topsoil preservation. Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least four inches of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.
B. 
Removal of debris. All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. No tree stumps or portions of tree trunks or limbs shall be buried anywhere in the development. All dead or dying trees, standing or fallen, shall be removed from the site. If trees and limbs are reduced to chips, they may be used as mulch in landscaped areas, subject to approval by the Director of Public Works.
C. 
Protection of existing planting. Tree and plant maintenance and protection provisions shall be incorporated in the required landscape plan. Maximum effort should be made to save mature trees. No construction material, soil stockpile or equipment shall be placed within four feet of shrubs or within the critical root zone of trees designated on the landscape plan to be retained. Protective barriers or tree wells shall be installed around each plant and/or group of plants that are to remain on the site. Barriers shall not be supported by the plants they are protecting, but shall be self-supporting. They shall be a minimum of four feet high and constructed of a durable material that will last until construction is completed. Snow fences and silt fences are examples of acceptable barriers.
[Amended 4-3-2017 by Ord. No. 780-17]
D. 
Slope plantings. Slope protection measures, when necessary, shall be incorporated in the required landscape plan. Landscaping of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all slopes steeper than one foot vertically to three feet horizontally shall be planted with ground cover appropriate for the purpose and for soil conditions, water availability, and the environment.
[Amended 4-3-2017 by Ord. No. 780-17]
E. 
Additional landscaping. In residential developments, besides the screening and street trees required, additional plantings or landscaping elements may be required throughout the subdivision where necessary for climate control, privacy, or other reasons in accordance with the landscape plan approved by the Planning Commission. In nonresidential developments, all areas of the site not occupied by buildings and required improvements shall be landscaped by the planting of grass or other ground cover, shrubs, and trees as part of the landscape plan approved by the Planning Commission.
[Amended 4-3-2017 by Ord. No. 780-17]
A. 
The approved landscape plan must be implemented in its entirety prior to issuance of a final use and occupancy certificate for the project. Completion of all landscaping requirements shall be certified by the Zoning Administrator.
B. 
Prior to issuance of a grading permit, the applicant shall provide a performance guarantee in a form acceptable to the Town. The performance guarantee shall be in the amount of the estimated cost of the landscaping, as provided on the approved landscape plan, and other common area improvements as determined by the Zoning Administrator. All improvements as shown on the approved landscape plan shall be completed in accordance with the plan prior to release of the surety. The financial surety shall be included as part of the improvement guarantees specified in § 165-119 of the Town of Bel Air Development Regulations. If required, this financial surety shall be held for a warranty period of one year or one growing season, whichever is longer, to ensure the integrity of the plan. The length of time designated as the warranty period shall be determined by the Zoning Administrator at the time of use and occupancy issuance.
[Amended 2-21-2012 by Ord. No. 748-12; 4-3-2017 by Ord. No. 780-17]
C. 
Prior to the end of the warranty period, all stakes, tree wrapping and associated protective and/or supportive materials used in association with the approved landscape plan shall be removed.
D. 
A reinspection shall be made prior to the release of the financial surety received by the Department of Planning and Community Development for a landscape project. The Zoning Administrator or his/her designee will inspect the condition of all landscaping on the site. All plant material indicated by the Zoning Administrator or his/her designee as dead or dying shall be replaced by the property owner. A reinspection of the site will be made to verify replacement of dead or dying material prior to release of the financial surety. The property owner or builder, depending on conditions under which the lots were purchased, is responsible for replacement of landscape material. Should he/she be unable or otherwise refuse to replace any landscape material as so required, the Zoning Administrator may utilize the surety in order to complete the landscaping requirement for the project.