[HISTORY: Adopted by the Town Council of the Town of Smithfield 3-4-1986;
amended 9-1-1987; 8-13-1996 (Ch. 16, Art. VII, of the 1985 Code of Ordinances).
Subsequent amendments noted where applicable.]
The objective of this chapter is to improve the appearance of certain
setback and yard areas and off-street vehicular parking areas and open-lot
sales and service areas in the Town and to protect and preserve the appearance,
character and value of the surrounding neighborhoods and thereby promote the
general welfare by providing for installation and maintenance of landscaping
for screening and aesthetic qualities.
In construing the provisions hereof and each and every word, term, phrase
or part thereof, the following definitions shall apply:
A raised form of earth to provide screening or to improve aesthetic
character.
Encroachment is defined as any protrusion of a vehicle outside of
a parking space, display area or accessway into a landscaped area.
The Town Engineer or other Town employee designated by the Town Manager.
Landscaping shall consist of any of the following or combination
thereof: material such as, but not limited to, grass, ground covers, shrubs,
vines, hedges, or trees; and nonliving durable material commonly used in landscaping,
such as, but not limited to, rocks, pebbles, sand, walls or fences, but excluding
paving.
Shrubs required by this chapter shall be self-supporting, woody,
evergreen species, as normally grown in Rhode Island.
Any tree planted in the buffer abutting a street.
Trees shall be defined as self-supporting woody plants of species
which normally grow to an overall height of a minimum of 15 feet in Rhode
Island.
Vines are plants which normally require support to reach mature form.
[Amended 10-3-2000]
All areas used for the display or parking of any and all types of vehicles,
vehicle storage, boats, general storage, or heavy construction equipment,
whether such vehicles, boats, pallets, barrels, or other equipment are self-propelled
or not, and all land upon which vehicles traverse the property as a function
of the primary use, hereinafter referred to as "other vehicular uses," including
but not limited to activities of a drive-in nature such as, but not limited
to, filling stations, grocery and dairy stores, banks, restaurants, industrial
areas, commercial areas, and the like, shall conform to the minimum landscaping
requirements hereinafter provided, save and except areas used for parking
or other vehicular uses under, on or within buildings, and parking areas serving
single- and two-family uses as normally such residential areas are voluntarily
landscaped.
A.
Certificate required. The Smithfield Environmental Affairs
Officer shall inspect all landscaping, and no certificates of occupancy or
similar authorization will be issued unless the landscaping meets the requirements
herein provided and a certificate of completion has been issued by the Environmental
Affairs Officer.
B.
Bonds. If the weather prohibits the installation of the
required plant material at the time of occupancy, the applicant may, at his
option, post a cash bond equal to 100% of the estimated value for the installation
of the required plant material including all plants, bedding material and
loaming and seeding. The cash bond or other guarantee for the full amount
acceptable to the Environmental Affairs Officer 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.
C.
Maintenance.
(1)
The owner, tenant and their agent, if any, ("responsible
party," hereinafter) shall be jointly and severally responsible for the maintenance
of all landscaping which shall be maintained in good condition so as to present
a healthy, neat and orderly appearance and shall be kept free from refuse
and debris. The landscape plan shall include proposed supply of water and
how the plant material is to be maintained.
(2)
Upon written notice from the Environmental Affairs Officer,
the responsible party shall repair or replace any landscape materials not
in conformance with this chapter within the next available planting season
for the applicable plant material following notification. If the cited deficiencies
are not corrected, the Town may perform the necessary work to restore the
planting materials to reasonable condition in accordance with the approved
landscape plan. The responsible party shall reimburse the Town for these costs
within 30 days of completion of the work.
D.
Plant material.
(1)
Species. All trees, shrubs, and hedges must be species
that are hardy in Plant Hardiness Zone 5 (five), as defined by the American
Standards for Nursery Stock.
(2)
Size. All plant material installed to meet the requirements
of this chapter shall comply with the minimum size requirements below at the
time of planting (height measured from finished landscape grade; caliper measuring
six inches from top of root ball).
(a)
Street trees. Height: 10 feet; caliper: 2 1/2 inches.
(b)
Canopy trees. Height: eight feet; caliper: 2 1/2
inches.
(c)
Evergreen trees. Height: eight feet; full branching.
(d)
Ornamental trees. Height: six feet.
(e)
Shrubs. Height: two feet.
(f)
Hedges. Planted and maintained to form a continuous,
solid visual screen at least two feet in height within one year after planting.
(g)
Vines. Height: 30 inches immediately after planting and
may be used in conjunction with fences, screens, or walls to meet physical
barrier requirements as specified.
(3)
Ground covers. Ground covers used in lieu of grass in
whole or part shall be planted in such a manner as to present a finished appearance
and reasonably complete coverage within three months after planting.
(4)
Lawn grass. Grass areas shall be planted in species normally
grown as permanent lawns in Rhode Island. Grass areas may be sodded, plugged,
spragged or seeded except that solid sod shall be used in swales or other
areas subject to erosion, and providing that the areas where other than solid
sod or grass seed is used, nursegrass seed shall be sown for immediate effect
and protection until coverage is otherwise achieved.
(5)
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 rootballs adequate to enclose the entire
root system, all trees shall be mulched and staked, and all plants shall be
watered at time of installation.
E.
Required street tree landscaping adjacent to public rights-of-way.
On the site of an off-street parking area or other vehicular use area, serving
a commercial, industrial, institutional, or multifamily use, where such site
is adjacent to a public right-of-way, there shall be provided landscaping
between such area and such right-of-way, as follows:
(1)
Landscape area. A continuous landscape area 10 feet in
width, not including any 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 landscape area
narrower than 10 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. Trees may be evenly spaced or grouped.
Groups of trees shall be spaced no further apart than 50 feet.
(3)
Screening adjacent to public street. All parking lots
adjacent to the public street must be screened intermittently through the
planting of shrubs, hedges, or the creation of berms equivalent to at least 1/2
of the street frontage. No plant material or berm shall obstruct the sight
distance of motorists entering or leaving the site.
(4)
Species. All trees planted to meet the requirements of this section shall be street trees as identified in Subsection D(2) of this section.
(5)
Ground cover, in general. All property other than the
required landscaped strip lying between the right-of-way and off-street parking
area, other vehicular use area, or sidewalks shall be landscaped with at least
a grass or other ground cover.
F.
Perimeter landscaping relating to abutting properties.
Perimeter parking lot landscaping shall include all landscape areas outside
the perimeter of the paved area of the lot excluding any landscape area required
adjacent to a public street.
(1)
Screen Type 1 - Screening between similar land uses.
An open screen between relatively similar land uses is required for Screen
Type 1. Open screening shall provide an attractive separation between the
land uses. Screen Type 1 shall be a landscape strip width of four feet and
consist of one of the tree alternative planting programs described below.
|
SCREEN TYPE 1
| ||||
|---|---|---|---|---|
|
Alternatives
| ||||
|
A
|
B
|
C
| ||
|
Type of Plant
|
(# trees per s.f.)
|
(# trees per s.f.)
|
(# trees per s.f.)
| |
|
Canopy trees
|
1 per 500
|
1 per 1,000
|
1 per 500
| |
|
Ornamental trees
|
0
|
1 per 500
|
0
| |
|
Evergreen trees
|
0
|
0
|
1 per 350
| |
|
Shrubs
|
1 per 100
|
1 per 100
|
1 per 200
| |
(2)
Screen Type 2 - Screening between dissimilar land uses.
A semi-opaque screen between land uses which are dissimilar in character shall
be provided by Screen Type 2. Semi-opaque screening shall be a landscape strip
width of four feet, should partially block views from the adjoining land uses
and create a separation between the adjoining land uses, and consist of one
of the tree alternative planting programs described below.
|
SCREEN TYPE 2
| ||||
|---|---|---|---|---|
|
Alternatives
| ||||
|
A
|
B
|
C
| ||
|
Type of Plant
|
(# trees per s.f.)
|
(# trees per s.f.)
|
(# trees per s.f.)
| |
|
Canopy trees
|
1 per 500
|
1 per 1,000
|
1 per 5,000
| |
|
Ornamental trees
|
0
|
1 per 500
|
0
| |
|
Evergreen trees
|
1 per 500
|
1 per 500
|
1 per 175
| |
|
Shrubs
|
1 per 100
|
1 per 100
|
1 per 200
| |
(3)
Screen Type 3 - Screening between residential and nonresidential
land uses. An opaque screen between incompatible land uses shall be provided
by Screen Type 3. Opaque screening shall be a buffer strip width of 14 feet,
should block views between adjoining land uses, and create a definite spatial
separation, and consist of one of the tree alternative planting programs described
below.
|
SCREEN TYPE 3
| ||||
|---|---|---|---|---|
|
Alternatives
| ||||
|
A
|
B
|
C
| ||
|
Type of Plant
|
(# trees per s.f.)
|
(# trees per s.f.)
|
(# trees per s.f.)
| |
|
Canopy trees
|
1 per 500
|
1 per 1,000
|
1 per 5,000
| |
|
Ornamental trees
|
1 per 500
|
1 per 250
|
1 per 500
| |
|
Evergreen trees
|
1 per 500
|
1 per 500
|
1 per 175
| |
|
Shrubs
|
1 per 100
|
1 per 100
|
1 per 200
| |
(4)
The provisions of this subsection shall not be applicable
in the following situations:
(a)
Where a proposed parking area or other vehicular use
area abuts an existing hedge, wall or other durable landscape barrier on an
abutting property, said existing barrier may be used to satisfy the landscape
barrier requirements of this subsection provided that said existing barrier
meets all applicable standards of this chapter and protection against vehicular
encroachment is provided for hedges.
G.
Interior landscaping. Interior landscaping shall be installed
where there are a minimum of 18 parking spaces required and designed to control
traffic, provide shade, screen views into and within vehicular use areas,
and separate the parking, circulation and service areas, in accordance with
the following provisions:
(1)
Landscaped islands or medians shall be provided to separate
parking bays from internal access drives. They shall have a minimum width
of eight feet from back of curb to back of curb and constructed with curbing
and include proper drainage.
(2)
Landscaped areas shall be provided throughout the parking
area in the amount of 150 square feet for each 10 parking spaces, subject
to the following:
(3)
A minimum of two canopy or ornamental trees shall be
provided for every 12 parking spaces.
(4)
A minimum of 50% of each landscaped area, at time of
planting, shall be planted with grass, ground cover, shrubs, or other living
vegetation with the balance in mulch or other approved media.
(5)
Vehicles shall not be permitted to extend into landscaped
areas. Landscaped areas shall be protected from encroachment by the use of
curbing, wheel stops, or similar means.
H.
Building perimeter landscaping. Parking areas and driveways
shall be separated from the exterior wall of a building, exclusive of pedestrian
entrance ways or loading areas, by a landscaped planting area of at least
four feet in width on the three sides with the most public exposure. Where
the proposed building is surrounded on all four sides by public parking serving
the building, all four sides shall require a landscaped planting area. A minimum
of 50% of this landscaped area, at time of planting, shall be planted with
a combination of grass, ground cover, shrubs, trees, or other living vegetation.
I.
Sight distance for landscaping. When an accessway intersects
a public right-of-way or when the subject property abuts the intersection
of two or more public rights-of-way, all landscaping within the triangular
areas described below shall provide unobstructed cross-visibility at a level
between three feet and six feet or in accordance with the latest edition of
the American Association of State Highway and Transportation Officials (AASHTO),
whichever standards are greater, provided however, trees having limbs and
foliage trimmed in such a manner that no limbs or foliage extend into the
cross-visibility area shall be allowed, provided they are so located so as
not to create a traffic hazard. Landscaping, except required grass or ground
cover, shall not be located closer than three feet from the edge of any accessway
pavement. The triangular areas above referred to are:
(1)
The areas of property on both sides of an accessway formed
by the intersection of each side of the accessway and the public right-of-way
line with two sides of each triangle being 10 feet in length from the point
of intersection and the third side being a line connecting the ends of the
two other sides.
(2)
The area of property located at the corner formed by
the intersection of two or more public rights-of-way with two sides of the
triangular area being 30 feet in length along the abutting public right-of-way
lines, measured from their point of intersection, and the third side being
a line connecting the ends of the other two lines.
J.
Accessways. The maximum width of a residential accessway
through the perimeter landscaped strip to an off-street parking or other vehicular
use area shall be 20 feet for two-way vehicular movement and 10 feet for one-way
vehicular movement. For commercial, office and industrial uses, the maximum
width for accessways shall be not less than thirty-six-foot pavement width
and no more than fifty-foot pavement width.
A.
Where, due to unusual configuration of land the responsible
party is unable to comply with the provisions of this chapter, application
may be made to the Environmental Affairs Officer for relief from the standards
enunciated herein. Said application shall be in writing, executed and sworn
to by the responsible party. The applicant shall, in the application clearly
and in detail state what adjustment of requirements are being requested and
the reasons such adjustments are warranted, and shall accompany the application
with whatever supplementary data, such as sketches, surveys and statistical
information, as the Environmental Affairs Officer deems necessary to substantiate
the adjustment. The Environmental Affairs Officer may approve, modify or deny
the requested adjustment, but shall approve or modify only if he determines
that approval of any adjustment would not be contrary to the public interest
and would be in keeping with and would preserve the intent of this chapter
and that literal enforcement of the above standards would be impracticable.
B.
Within 15 days after the decision of the Environmental
Affairs Officer, but not thereafter, the applicant may appeal said decision
to the Smithfield Zoning Board of Review, otherwise it shall become final.
The appeal shall state in brief, concise language the grounds and reasons
for reversal of the ruling made by the Environmental Affairs Officer. The
Smithfield Zoning Board of Review may affirm, modify or reverse the ruling
of the Environmental Affairs Officer.
A.
The provisions of this chapter shall apply to the extent
practical to new off-street parking uses or other vehicular uses, as well
as where more than 50% of the existing off-street parking or other vehicular
uses are being expanded or where the principal use of the property has been
changed to the extent that additional parking is required. The provisions
of this chapter shall be subject to other applicable regulations where such
regulations are more restrictive and are not otherwise inconsistent with the
provisions of this chapter.
B.
The Environmental Affairs Officer shall have the authority
to issue a certificate of completion to the owner or to the contractor or
subcontractor which shall indicate those portions of the construction and
development which have been completed according to the requirements of this
chapter. A certificate of completion shall not authorize occupancy or partial
occupancy of the building or premises.
A.
Trees. Existing trees preserved on site may be used to
satisfy the requirements for parking lot landscaping, perimeter landscaping,
and street plantings required by this chapter. Any existing trees used to
meet the requirements stated herein should generally satisfy the purpose and
intent of this chapter as determined by the Environmental Affairs Officer
and be protected from construction activity. Such protection procedures shall
be illustrated in the landscape plan.
B.
Exceptional trees. A tree of exceptional size, canopy,
historic value, or age to be preserved may be credited toward an amount equal
to two to four required trees for the purposes of this chapter, depending
upon its value, as determined and approved by the Environmental Affairs Officer.
[Amended 10-3-2000]
A.
A landscape plan shall be submitted and approved by the
Environmental Affairs Officer prior to the issuance of any building permit
for property which is included under the provisions of this chapter; this
provision shall not apply to properties whose principal use is for single-
or two-family dwellings. Prior to granting approval of the landscape plan,
the Environmental Affairs Officer shall obtain comments from such other agencies
as said Officer may deem advisable. The landscape plan shall be drawn to scale,
including the actual size of the mature plants and trees shown to scale on
the plan, dimensions and distances, and clearly delineate the existing and
proposed parking spaces, or other vehicular use areas, access aisles, driveways,
sprinklers, or water outlet locations, and the location, size, and description
of all other landscape materials, the location and size of buildings if any
to be served, and shall designate by name and location the plant material
to be installed or, if existing, to be used in accordance with the requirements
hereof. No building or paving permit shall be issued for such building or
paving unless such landscape plan complies with the provision hereof, and
no certificate of use and occupancy shall be issued until the landscaping
is complete, and it shall be unlawful to occupy the premises unless the landscaping
is installed in accordance with the approved landscape plan and the requirements
hereof.
B.
If the Environmental Affairs Officer determines that
the magnitude of the project requires the assistance of a second review from
a licensed RI landscape architect who has submitted the plans for review,
the Environmental Affairs Officer shall notify the owner and/or applicant
in advance of this process and give him/her an hourly estimate of the cost
to review the plans, and a not-to-exceed amount of the total cost of review.
In instances where healthy plant material exists on the site prior to
its development, the Environmental Affairs Officer may in whole or in part,
for purposes of off-street parking or other vehicular use areas, adjust the
application of the above-mentioned standards to allow credit for such plant
material if such an adjustment is in keeping with and will preserve the intent
of this chapter.
This article shall be enforced by the Environmental Affairs Officer.
