ARTICLE IX BUFFER AND GENERAL LANDSCAPING REQUIREMENTS
§175-9.1 BUFFER ZONE AND GENERAL LANDSCAPING REQUIREMENTS

A. Buffer Zone Requirements

(1) All commercial, industrial, office, apartment and health care uses adjoining or abutting a residential zone, an institutional use or a public use shall provide a buffer zone in accordance with the following table.

(2) No principal or accessory structure, other than as may be provided herein, nor any off-street parking or loading areas or other use shall be permitted within the buffer zone.

(3) No access or driveway, other than as may be permitted herein, shall be permitted within the buffer zone.

(4) Said buffer zone shall be kept in its natural state where wooded, and when natural vegetation is sparse, plant material at least six (6) feet in height and a solid or tightly woven fence may be required so as to provide a year-round visual screen by the Planning Board. Said planting may be placed in suitable areas in the buffer zone as shall be required by the Planning Board.

(5) Within said buffer zone, underground utility easements shall be permitted.

(6) The area encompassed in the buffer zone may be utilized for the purpose of computing lot coverage.

(7) Where the extension of a utility or a street extends into a mandatory buffer, said utility or street shall be located perpendicular to the buffer area and shall disturb the buffer to the minimum extent possible.

§175-9.2 GENERAL LANDSCAPING REQUIREMENTS.

A. Enclosed Uses.

Any enclosed use require by this Ordinance to be landscaped shall be provided with a fence or a visual screen designed to produce a dense cover consisting of evergreen or evergreen-type hedges or shrubs, spaced at intervals of not more than five (5) feet, located and maintained in good condition within ten (10) feet of the property line or as shall be determined by the Planning Board. The Planning Board, in the alternative, may require a landscaped earthen berm not less than five (5) feet in height.

B. Unenclosed Uses.

Any use which is not conducted within a completely enclosed building, such as required off-street parking, shall be entirely enclosed by a solid or closely woven fence or by evergreen hedges or shrubs spaced at intervals of not more than five (5) feet, located and maintained in good condition, within ten (10) feet of the property line or the zone district boundary line or as shall be determined by the Planning Board. In the alternative, the Planning Board may require a landscaped earthen berm not less than five (5) feet in height.

C. Maintenance.

(1) Any fence or landscaping installed in accordance with this section shall be maintained in good order to achieve the objectives of this ordinance. Failure to maintain fencing or to replace dead or diseased landscaping or any refuse which may collect therein shall be considered a violation of this ordinance.

(2) Whenever a buffer or landscaping requirement is imposed, and to the extent that same is in fulfillment of the requirements of this ordinance or any other City ordinance, a guaranty in the form of a surety bond, cash or security deposit shall be required.

(3) All properties shall be kept free of Poison Ivy (Toxicodenrin radican), Japanese Knotweed (Polygonim cuspidatum), and Ailanthus (Ailanthus Altissima), which are undesirable or invase species that may readily spread to nearby properties"

D. Submission of proposed landscape plans.

A.proposed landscape plan shall be submitted to the Planning Board for its consideration by:

(1) All applicants for site plan approval.

(2) All applicants for subdivision approval where any of the lots to be created would require a planted buffer area or a planted area.

(3) All applicants for subdivisions requiring planting of public dedicated land.

D. Contents of landscape plan.

(1) The landscape plan shall be prepared at a scale shown on the plan by a landscape architect, architect or professional engineer. The name of the preparer of the plan, his address, telephone number and license number shall be indicated on the plan. The scale of the plan shall also be indicated. The name of the applicant and any authorized agents shall also appear on the plan.

(2) The plans shall specify all planted areas and planted buffer areas, if required, and the dimensions of each of said areas. The plan shall specify the total number of square feet of any planted area (not including buffer area), the total number of square feet of any required planted buffer area, the combined total area in square feet, if applicable, and the percentage figures of planted areas and buffer areas of the sum of the two (2) and of the total site area.

§175-9.3 LOCATION, SHAPE AND CONTENT OF AREAS.

A. The criteria to be considered in determining the location, shape and content of any required planted area and the creation of any required buffer area shall include the following

(1) Drainage control.

(2) Traffic and pedestrian safety.

(3) Conservation of the economic values of the property and adjacent property.

(4) Proper vehicular and traffic sight lines.

(5) Shade and pollution control.

(6) Screening and privacy of adjacent residential area&

(7) The configuration and relationship of planting areas to the total plan submitted.

(8) The reduction of noise and lights disturbing to nearby property zoned for residential use.

(9) The objectives of good planning and zoning pursuant to the provisions of N.J.S.A. 40.55D-1 et seq.

(10) The preservation of healthy substantial trees wherever it is reasonable to do so, consistent with the criteria set forth herein.

B. In connection with Planning Board consideration for site plan approval, the Planning Board shall have the right to determine the proper areas for the required planted area, taking into consideration the criteria set forth above.

§175-9.4 USE OF AREAS RESTRICTED

A.planted area and a planted buffer area required by this chapter shall not be used for any buildings, structures, paving or parking or for the sale, display, storage or leasing of materials or for any other use other than a planted area or a planted buffer area except:

A. Detention basins, subject to a finding by the Planning Board that adequate visual screening is still provided.

B. Below-grade, underground parking facilities may be erected underneath any required planted area or planted buffer area, provided that the surface of the lot in the area of the planted buffer area and the planted area has at least four (4) feet of soil and is properly drained so that the same is sufficient to support the growth of plants, ground cover, shrubs and trees.

C. On Planning Board site plan approval, the Planning Board shall, however, allow paved ingress and egress from the site to a public street or highway through a planted buffer area where there are no possible safe exits or entrances to a road or highway. The area to be so paved shall not be included as part of the area making up the required planted buffer area.

§175-9.5 MAINTENANCE STANDARDS

A. The required planted area (other than planted buffer areas) need not be all in one (1) area of the lot.

B. The Planning Board may, at the request of any applicant for site plan approval, consider any portion of the planted area to be provided by the applicant on any other lot or lots for purposes of determining the required planted area requirement (not including planted buffer areas) if, in the opinion of the Planning Board:

(1) The subject lots are to be operated essentially and substantially as a single site rather than as separate sites; and

(2) The lots have or are to be provided as part of the site plan with designated pedestrian and vehicular ingress and egress between or among each lot in the unit considered, without using public roads, and utilizing common parking areas.

§175-9.6 DESIGN CRITERIA.

A. The planted area and required planted buffer area shall be so designed to provide proper drainage of the soil.

B. The planted area or required planted buffer shall be protected by continuous portland cement concrete or Belgian block curbing on all sides except on the planted buffer area; curbing is required only on the inside perimeter of the buffer area.

C. The planted area or required planted buffer area shall be planted with approved plant material with sufficient organic sanitary material, topsoil, peat moss and the like, so that the same shall be likely to thrive. Minimum depth of topsoil in all turf areas shall be four (4) inches. All topsoil shall conform to specifications approved by the City Engineer.

D. No owner, developer or occupant of a lot of which all or a portion is undeveloped shall remove any trees in excess of six (6) inches in diameter as measured one (1) foot above the base from any required planted area or any required planted buffer area or from the lot except by express direction or approval contained in a subdivision approval, soil permit or site plan approval by the Planning Board of the City of Hackensack. The exception to this criteria is that all Ailanthus (Ailanthhus Altissma) trees and saplings must be removed, including their stumps to limit resprouting.

E. Existing healthy trees in excess of six (6) inches in diameter one (1) foot from ground level that are located in any approved planted buffer area or approved planted area shall be preserved unless otherwise ordered by the Planning Board in connection with site plan approval.

F. The planted area shall be designed to provide for the planting of plant material that is hardy and of a variety which requires a minimum amount of maintenance.

G. Where a planted buffer area is required and in areas where there are to be required planted areas, the Planning Board may require on site plan approval that changes in topography or elevation of the planted buffer areas and planted areas be made where such changes would better serve the criteria set forth in section 175-9.3.

H. In connection with any site plan approval granted, the developer of the property shall protect against damage to trees that are located in the approved planted area and approved planted buffer area and shall also protect these areas by temporary fencing until the certificate of occupancy has been issued and all outside construction has been completed.

§175-9.7 PLANT SELECTION AND PLACEMENT.

A. The following types of evergreen plants (hereinafter denominated 'Group A) in the upright varieties are recommended for buffer areas to establish screening of nonresidential use and residential use:

Group A

Pines of all upright varieties

Junipers of all upright varieties

Spruces of all upright varieties

Firs of all upright varieties

Cedars of all upright varieties

Tsuga of all upright varieties

Arborvitaes of all upright varieties

B. The trees denominated 'Group B-1' in the accompanying tabulation and the shrubs denominated 'Group B-2 in the accompanying tabulation are recommended for use as a formal clipped hedge for screen and buffer planting.

C. The plants denominated 'Group C in the accompanying tabulations are recommended for informal flowering or fruiting or evergreen hedge for buffer and screen planting.

D. The plants denominated 'Group D' in the accompanying tabulations are recommended for ground covers for greenery planting and the planted areas that are at the end of aisles of parking or very close to entrances and exits to other property or streets or highways. The plants in Group D shall be utilized so as to not obstruct proper sight lines for vehicular and pedestrian safety. The maximum height shall not exceed thirty (30) inches at maturity.

E. The plant species in Group E (shade trees) and Group F (ornamental trees) are recommended and approved species for planted areas and planted buffer areas. Group E (shade trees) when planted shall have a minimum size of two-and-one-half-inches caliper and a minimum branch height of seven (7) feet. If shade trees in Group E are planted in any area on the lot where they will be close to automobiles or at the end of any parking aisle or near the corner of any intersection of any aisle and any other driveway or aisle or in any other location in parking aisles, the trees shall be pruned to remove all limbs at the trunk if at that point the limbs are lower than ten (10) feet from the ground. All new trees in Group E and F must be staked in accordance with the American Nurserymen's Standards.

Group B-1

Acer campestre

Acer ginnala

Carpinus in variety

Crataegus cordata

Crataegus, crus-galli

Picea excelsa

Pinus strobus

Taxus cuspidata capitata

Tsuga canadensis

Tsuga occidentals nigra

Group B-2

Berberis thunbergii

Buxus sempervirens

Euonymus alatus

Euonymus alatas compactus,

Euonymus fortunel vegetus

Ilex crenata varieties

Ilex crenata microphylla

Ligustrum lbolium

Ligustrum ovalifolium

Phamnus, fragula tallhedge

Pyracantha coccinea lalandi

Taxus in variety

Group C

Berberis in variety

Cydonia japonica

Deutzia gracilis

Euonyrnus patens

Forsythia intermedia varieties

Hetzi

Juniperus chinensis pftzeriana

Juniperus chinensis glauca

Lonicera (bush forms)

Mahonia aquifolium

Philadelphus; virginalis

Rhodotypes kerriodes

Rosa nitida

Rosa rugosa

Spirea bum antony waterer

Spirea thunderergi

Spirea vanhouttei

Syringa vulgaris

Syringa vulgaris alba

Taxus intermedia densilomis

Taxus intermedia hatfieldi

Virburnum dentatum

Virburnum lantana,

Viburnum tomentosum

Group D

Turf (grass)

Scotch heather

Rockspray cotoneaster

Candytuft

Creeping juniper

Sargent juniper of the valley Ferns

Shore juniper

Juniper wiltoni

Lily of the Valley Ferms

Epimedium,

English ivy

Japanese spurge

Periwinkle or myrtle

Hall's honeysuckle

Virginia creeper

Moss pink

Creeping thyme

Bulge plant wintercreeper

Chinese matrimony vine

Memorial rose yellow root

Recommended Shade Trees for Buffer Planting and Planted Areas

Group F

Recommended Ornamental Trees for Buffer

Planting and Planted Areas

F. All landscaping is to be completed in a good and workmanlike manner and all planted areas and planted buffer areas are subject to the inspection and approval of the Planning Board prior to the issuance of any permanent certificate of occupancy.

G. The developer must notify the Planning Board at least forty-eight (48) hours prior to the installation of any planted material. The Planning Board may adopt resolutions at public meetings creating standard specifications for planted material and planting which, if adopted, shall be adhered to by all persons installing such material.

H. Substitutions of plants within the same grouping from those shown in plans submitted are allowed, subject to Planning Board approval, where the originally designated plants are not available.