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(A) Landscaping Plans
(1) In order to implement the requirements of this section, landscaping plans are required as part of each development plan required under Section 3.9 of this Ordinance. Plans shall be developed by individuals or professional firms having the competence and knowledge to satisfactorily develop plans required by this Section.
(2) Landscaping plans shall be designed to improve efficiency of irrigated areas (if applicable) through minimizing slopes, preserving topsoil, and retaining stormwater drainage on-site
(3) Landscaping plans shall meet the standards of this Section 7.2, and shall be consistent with the standards contained in the Community Appearance Manual
and the Site Design Standards, which contain standards, guidelines, examples, and details needed to make this section easy to understand and apply in various situations, including examples of required plans, recommended plant species for various applications, and illustrated examples of what Cary considers to be good site design.
(B) Violations
Violations of this section are subject to fines, replacement of damaged vegetation, stop-work orders, or any combination of the penalties listed in Section 7.2.13 or Chapter 11.
(A) Applicability
(1) All uses subject to the requirements of this chapter shall provide an undisturbed buffer to separate that use from adjacent land uses in accordance with Table 7.2-1. The buffer shall have the width, amount of vegetation, and other features to properly mitigate negative effects of continuous land uses. Whenever new landscape material must be used, such material shall consist of native or non-invasive non- native, drought-tolerant plantings to reduce the need for irrigation systems and promote restoration of a natural forest.
(2) Within the area inside the outer perimeter of the Town Center District, including all subdistricts and conditional use districts, and individual Mixed Use Overlay Districts, the requirements of this section shall apply only to boundaries between properties located within the district and properties located outside the districts.
(3) If an undisturbed buffer does not exist on the site, or has been disturbed as allowed in this section, then a re-vegetated natural buffer may be installed. The intent of the re-vegetated buffer is to restore the natural area (i.e., sufficient upper-story trees to achieve a closed canopy in the future and, preferably, no installation of turf grasses).
(4) The developer of a site/subdivision development shall install the required landscaping within all streetscapes and buffers when: (1) construction activity is discontinued for more than 180 days; and/or (2) the area graded exceeds the initial phase of development. In such instances, all required streetscapes and buffers shall be installed following the completion of the installation of site stabilization measures for all areas graded.
(B) Type and Width of Required Buffer
(1) Buffers Based on Land Use Class
Table 7.2-1 specifies the type of undisturbed buffer or landscaped buffer that must be in place. The buffer type is indicated by letter and the total buffer width in feet is indicated by number. Depending on the land use classification of the proposed use and the use of the adjacent
property
, Table 7.2-1 requires an undisturbed buffer or landscaped area (if permitted) of a particular type and a particular minimum width. Subsection 7.2.3(C) below identifies the land uses that fall within each land use class shown in Table 7.2-1. This information is also listed by use type in Table 5.1-1 of this Ordinance. Subsection 7.2.3(D) below identifies the performance standards for each buffer type (i.e., A, B, or C).
(2) Buffer Adjacent to American Tobacco Trail
A fifty (50) foot wide Type A buffer shall be provided adjacent to the American Tobacco Trail as required by Section 4.4.3(H)(4) of this Ordinance.
For a printer-friendly, PDF version: Table 7.2-1
Proposed Use Class | IF DEVELOPED Adjacent Use Class | IF VACANT Adjacent Property Zoning District | |||||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | Residential Zones (See [D][2] below for exceptions) | CT TC OI PDD | GC | ORD I | |
Proposed Use Class | IF DEVELOPED Adjacent Use Class | IF VACANT Adjacent Property Zoning District | |||||||||
1 | 2 | 3 | 4 | 5 | 6 | 7 | Residential Zones (See [D][2] below for exceptions) | CT TC OI PDD | GC | ORD I | |
1 | 0 | 20 | 20 | 20 | 25 | 35 | 45 | 20 | 25 | 35 | 45 |
B | B | B | B | B | B | B | B | B | B | ||
2 | 20 | 20 | 30 | 40 | 50 | 65 | 80 | 20 | 50 | 65 | 80 |
B | B* | B | A | A | A | A | B | A | A | A | |
3 | 20 | 30 | 20 | 30 | 40 | 50 | 65 | 30 | 40 | 50 | 65 |
B | B | B | A | A | A | A | B | B | A | A | |
4 | 20 | 40 | 30 | 20 | 30 | 40 | 50 | 40 | 30 | 40 | 50 |
B | A | A | B | B | B | A | A | B | A | A | |
5 | 25 | 50 | 40 | 30 | 20 | 20 | 30 | 50 | 20 | 20 | 30 |
B | A | A | B | C | C | B | A | C | C | B | |
6 | 30
|
65
|
50
|
40
|
20
|
20
|
25
|
65
|
20
|
20
|
25
|
A
|
A
|
A
|
B
|
C
|
C
|
B
|
A
|
C
|
C
|
C
| |
7
|
45
|
80
|
65
|
50
|
30
|
25
|
20
|
80
|
30
|
30
|
20
|
B | A | A | A | B | B | C | A | B | B | C | |
(1) No buffer is required between shared public uses (e.g., a park adjacent to a school, library, or other shared public facility).
(2) * Required landscaping areas to be provided between two Class 2 uses are not subject to the ownership restrictions applied to other buffers, and may be located within the platted portion of a lot.
(3) Once a detached dwelling has been constructed and occupied, in instances where the landscaping area (planted to a Type B standard) between two (2) type 2 uses is located within the individual building lot, the landowner(s) may remove or supplement vegetation on the lot.
(C) Land Use Classes
For a printer-friendly, PDF version: Table 7.2-2
Class | Uses Included |
Class 1 | Uses permitted under the Agricultural Uses category, including produce stands. |
Cemetery. | |
Uses permitted under the Park and Open Space use category, except athletic fields, amphitheaters, and neighborhood recreation centers. | |
Open space: No buffer is required for any use adjacent to permanent and/or zoned open space unless it is needed to meet the buffer width and type requirements in Table 7.2-2 (e.g., open space that is part of a multifamily development plan). If this open space is not wide enough, or contains insufficient vegetation to meet the buffer type requirements, then the development is required to add additional buffer area and/or vegetation so as to meet the requirements. Buffer width and type are based on the land use on the opposite side of the open space. Setbacks from open space shall be the same as those for buffers since the open space is being used to meet buffer requirements. | |
Class 2 | Single-unit
detached dwellings in residentially zoned districts on lots that are
eight thousand (8,000)
square feet in area or larger and like uses. |
Single-unit
detached dwellings on lots
eight thousand (8,000)
square feet in area or larger that are located on non- residentially zoned property shall be classified as vacant non-residential for determining the required buffer. | |
In addition, "underdeveloped" properties (larger size properties greater than ten (10) acres that have the potential for higher density
development
based on the future growth framework
development
category designated for the property in the Shape chapter of the Cary Community Plan) that may presently be zoned and/or used for residential uses shall be placed in a class consistent with future growth framework
development
category. | |
Class 3 | Single-unit
detached dwellings in residentially zoned districts on lots of less than
eight thousand (8,000)
square feet and like uses (including detached patio dwellings). |
Class 4 | Uses permitted under the Animal Service use category, except outdoor kennels. |
Uses permitted under the Assembly use category. | |
Day Care Centers | |
Athletic fields (public and private). | |
Golf course. | |
Golf driving range. | |
Uses permitted under the Government Services use category, except public utility facilities. | |
Bed & Breakfast. | |
Uses permitted under the Household Living use category, except detached dwellings (including detached patio dwellings) and duplex dwellings. | |
Libraries. | |
Museums. | |
Public safety stations. | |
Neighborhood recreation centers, indoor and outdoor (public and private). | |
Nursing homes. | |
Uses permitted under the Office use category with a gross floor area on the property of fifty thousand (50,000) square feet or less when located adjacent to residential uses or zoning. | |
Parking lots as a principal use containing less than fifty (50) parking spaces. | |
Uses permitted under the Religious Assembly use category. | |
Uses permitted under the School use category, including pre-schools when adjacent to residential uses. | |
Uses permitted under the Telecommunications Facilities use category up to seventy-five (75) feet in height from the finished grade elevation to the top of the tower (not including antennae). | |
Class 5 | Amphitheaters, outdoor (public) seating not more than
(250) persons. |
Pre-schools and day care centers when located adjacent to non-residential uses. | |
Duplex dwelling. | |
Farm markets. | |
Uses permitted under the Financial Institutions use category. | |
Uses permitted under the Group Living use category, except nursing homes. | |
Hospitals. | |
Uses permitted under the Recreation/Entertainment, Indoor use category, except neighborhood recreation centers. | |
Uses permitted under the Office use category with a gross floor area on the property of more than fifty thousand (50,000) square feet when located adjacent to residential uses or zoning. | |
Parking lots as a principal use containing greater than
fifty (50)
parking spaces. | |
Uses permitted under the Public Accommodation use category, except guest houses that are not located adjacent to a residential district and that have no more than one hundred fifty (150) rooms. | |
Uses permitted under the Telecommunications Facilities use category up to one hundred fifty (150) feet in height from the finished grade elevation to the top of the tower (not including antennae). | |
Railroad rights-of-way, including lines and/or tracks. | |
Utility substation, minor. | |
Class 6 | Amphitheaters, outdoor (commercial/private). |
Amphitheaters, outdoor (public) seating more than 250 persons. | |
Dog kennels, outdoor. | |
Uses permitted under the Food and Beverage Service use category. | |
Uses permitted under the Public Accommodation use category, except guest houses that have 150 rooms or more and that are not located adjacent to a residential district. | |
Uses permitted under the Office use category when located adjacent to a non-residential use or zoning district. | |
Recreation, general outdoor (commercial/private). | |
Uses permitted under the Retail Sales and Service use category, except farm markets and funeral homes. | |
Uses permitted under the Telecommunications Facilities use category up to 225 feet in height from the finished grade elevation to the top of the tower (not including antennae). | |
Uses permitted under the Vehicles and Equipment use category. | |
Uses permitted under the Warehouse and Freight Movement use category, except outdoor storage and railroad stations and yards. | |
Commuter rail transit station. | |
Class 7 | Uses permitted under the Aviation use category. |
Uses permitted under the Industrial Service use category. | |
Uses permitted under the Manufacturing and Production use category. | |
Motor vehicle raceways. | |
Uses permitted under the Non-Governmental Utilities use category, except minor utility substations and rail transit stations. | |
Outdoor storage. | |
Uses permitted under the Public Accommodation use category, except guest houses, that are located adjacent to a residential district. | |
Public utility facilities. | |
Railroad stations and yards. | |
Uses permitted under the Telecommunications Facilities use category above 225 feet in height from the finished grade elevation to the top of the tower (not including antennae). | |
Uses permitted under the Waste-Related Uses category. | |
(D) Types of Buffers and Landscaped Areas
(1) The three (3) types of landscaped buffers that appear in Table 7.2-1 are as follows. Detailed illustrations and supplemental information on buffer configurations are available in the Community Appearance Manual.
(a) Type A
1. This buffer is intended to provide the greatest degree of screening feasible and minimize visual contact between uses, creating a strong impression of total separation from the ground to a height of at least eighteen (18) feet. Vegetative material within this buffer shall meet the following criteria:
a) Upper-story trees shall be planted at a density of four (4) trees for every one hundred (100) linear feet of buffer, with a maximum spacing of thirty (30) feet between trees. Upper-story trees shall attain a height at maturity of no less than sixty (60) feet.
b) Evergreen understory trees shall be planted at a density of fourteen (14) trees for every one hundred (100) linear feet of buffer, with a maximum spacing of ten (10) feet between trees. Understory evergreen trees shall attain a height at maturity of no less than eighteen (18) feet.
c) Type A buffers that are wider than thirty (30) feet shall also incorporate shrubs planted at a density of ten (10) shrubs per one hundred (100) linear feet of buffer. Shrubs shall attain a height at maturity of no less than three (3) feet.
d) Type A buffers may include a wall, fence, landscaped earthen berm, planted vegetation, existing vegetation, or any appropriate combination of these elements.
2. The Planning Director may modify the planting criteria for a Type A buffer pursuant to this section, where shown on any development plan requiring or identifying a Type A or opaque buffer or landscape area, including such plans approved prior to the effective date of this ordinance, and/or pursuant to Section 4.3.5(D)(3) where such buffer is required as a zoning condition, if the Planning Director determines in accordance with established horticultural guidelines that achieving the desired degree of buffer opacity while maintaining existing healthy vegetation within the buffer may not be feasible due to a combination of the factors listed below, provided that the intended performance standard is achieved to the extent practicable:
a) type and conditions of significant vegetation remaining within the landscape area or buffer,
b) availability of sunlight;
c) dimension of required planting area;
d) separation between plants;
e) impact of installation of new plant material on root zones of any existing material;
f) topography;
g) proximity of man-made features such as utilities, buildings, sidewalks and retaining walls; and
h) other unique site factors or conditions affecting plant growth and long-term health of the buffer, streetscape or landscape area.
(b) Type B
This buffer is intended to function as a semi-opaque screen from the ground to at least a height of six (6) feet. Vegetative material within this buffer shall meet the following criteria:
1. Mid- or upper-story trees shall be planted at a density of four (4) trees for every one hundred (100) linear feet of buffer, with a maximum spacing of thirty (30) feet between trees. Mid- or upper-story trees shall attain a height at maturity of no less than forty (40) feet.
2. Shrubs shall be planted at a density of sixteen (16) shrubs for every one hundred (100) linear feet of buffer, with a maximum spacing of eight (8) feet between shrubs. At least seventy-five (75) percent of the shrubs shall be an evergreen species locally adapted to the area.
3. Type B buffers may include a wall, fence, landscaped earthen berm, planted vegetation, existing vegetation, or any appropriate combination of the elements.
(c) Type C
This buffer area is intended to function as an intermittent visual obstruction from the ground to a height of at least twenty (20) feet, and create the impression of spatial separation without eliminating visual contact between uses. Vegetative material within this buffer shall meet the following criteria:
1. Upper-story trees shall be planted at a density of three (3) trees for every one hundred (100) linear feet of buffer, with a maximum spacing of forty (40) feet between trees. Upper-story trees shall attain a height at maturity of no less than sixty (60) feet.
2. Understory or ornamental trees shall be planted at a density of five (5) trees for every one hundred (100) linear feet of buffer, with a maximum spacing of twenty-five (25) feet between trees. Understory or ornamental trees shall attain a height at maturity of no less than fifteen (15) feet.
3. Type C buffers may include a wall, fence, earth berm, planted vegetation, existing vegetation, or any appropriate combination of these elements.
(2) Buffer plantings shall conform to the following standards:
(a) The new plantings comprising the buffer shall be evenly distributed throughout the buffer. In instances where planting in a row or rows is necessary to achieve the desired performance objective, trees shall be planted in staggered rows whenever practicable. In cases where the entire buffer width may not be needed to achieve the desired performance objective of the buffer type, the remainder of the required buffer area should have a minimum spacing of trees as required by the associated buffer type.
(b) Buffer performance requirements must be achieved in the quickest time possible (preferably no more than five (5) years).
(c) When detailed information regarding existing vegetation is not available at the time of development plan approval, then a Town Zoning Compliance Officer shall determine when existing vegetation may be utilized in-lieu of new plantings prior to the approval of a Certificate of Occupancy.
(d) Depending on actual field conditions, additional trees and shrubs may be required in addition to the existing vegetation to meet these buffer requirements.
(e) In instances where planting requirement calculations produce a fraction, the plants shall be rounded up to the next whole number (e.g. five and one-tenth (5.1) required shrubs shall equal six (6) provided shrubs).
(E) Determination of Buffer Width and Responsibility for Installation
Buffer widths and installation responsibility shall be in accordance with the following:
(a) Where a developing parcel is adjacent to a vacant parcel, then the developing parcel may provide one-half of the buffer required adjacent to the vacant land as indicated in Table 7.2-1.
(b) Where a developing parcel is adjacent to an existing land use, then the developing parcel shall provide the full buffer required adjacent to the existing land use as indicated in Table 7.2-1.
(c) The developing parcel next to an existing land use shall provide the full buffer required unless the existing use already has a buffer that may be credited towards the required width, or the buffer for an existing non-residential use was reduced or not required with its development plan approval.
(d) Credit for existing buffers is not given when the existing use is residential and its existing buffer is on the same lot as the residential use; see subsection 7.2.3(J), Ownership of Buffers.
(F) Location of Buffers
(1) The perimeter buffers and/or perimeter landscaped areas required by this Section shall be located along the outer perimeter of the parcel and shall extend to the parcel boundary line or right-of-way line; however, the buffers may be located along shared access easements between parcels in non-residential developments. Within shopping centers or other non-residential centers/developments, the perimeter buffer area between outparcels (non-residential uses) may be provided, totally or in part, elsewhere on the site. For example, a twenty (20)-foot buffer between like uses may be shifted elsewhere on the site (preferably within the site's interior) as long as the total area is provided for. The intent of this subsection is to provide for more flexibility in site design and to potentially save large natural areas that may exist elsewhere on the site.
Location of Buffers
(2) Perimeter buffers or landscaped areas shall not include any portion of an existing or proposed public or private street, easement, or right-of-way. Additional buffer area shall be required when easements and other similar features intrude in the buffer.
(G) Existing Vegetation, Fences, Walls, and Berms
(1) Existing significant vegetation within the required buffer shall be preserved and credited toward standards for the type of buffer required, unless the existing vegetation is seriously diseased, damaged and treatment would not be practical, or vegetation has or will give rise to a nuisance situation. Wherever practical, vegetation removal will be limited to just those portions of the vegetation area necessary to correct any problems, while the remainder of the vegetation area without problems shall be left intact.
(2) Existing berms, walls, or fences within the buffer, but not including chain link fencing, may be used in part to fulfill the requirements for the six (6)-foot tall screen where required, provided that these elements are in a condition of good repair. Where fences or walls are used, they shall be screened pursuant to the requirements of Sec. 7.2.7(C). Other existing site features within the required buffer area which do not otherwise function to meet the standards for the required buffer shall be screened from the view of other properties or removed, as determined during review and approval of the development plan.
(3) If existing significant vegetation and other site features do not fully meet the standards for the type of buffer required, then additional vegetation and/or site features (including fences) shall be planted or installed within the required buffer area to meet the performance criteria outlined in this section.
(H) Development within Required Buffers
No grading, development, land-disturbing activities, or removal of vegetation shall occur within buffers or associated tree protection areas with exception of the following, unless otherwise explicitly permitted in this Ordinance. Where disturbance within the buffer is allowed, damage to existing vegetation shall be minimized to the extent practicable and supplemental planting shall be provided as necessary to meet the performance standard of the applicable buffer type.
(1) Sidewalks, street-side trails and public transit amenities;
(2) Utilities, including but not limited to water and sewer lines, stormwater drainage channels or piping, and similar features, provided that no reasonable alternative location exists; and
(a) they are located perpendicular to the buffer or at an angle of at least seventy-five (75) degrees; or
(b) they are located at an angle less than seventy-five (75) degrees, and the area contained in the disturbed area is replaced with an equal amount of buffer area meeting the applicable buffer standard, in proximity to the disturbed area.
(3) Stormwater impoundment areas or other BMPs provided that no reasonable alternative location exists.
Development within Required Buffers
(I) Zoning Change
A revised plan will be required if changes of use or change in zoning classification occur for an existing use or parcel and such change results in a higher land use classification per criteria listed in subsection 7.2.3(C) above. The proposed use or parcel shall be brought into compliance with the perimeter buffer/landscaped area requirements of this section or as close as existing site conditions permit, as determined by the Planning Director. Compliance with this Section shall require the submittal and approval of a revised plan showing that the development is being brought into compliance to the extent practicable.
(J) Ownership of Buffers
No required buffer in a residential subdivision shall be included within any single-unit residential lot, or be wholly owned (in fee simple absolute) by the owner of an individual residential building lot zoned for residential uses. The buffers shall be owned by a homeowner's association or be owned outright by a third party or shall be otherwise divided so that the buffer is not removed, modified, or damaged.
(1) Any required buffer (including those required as a zoning condition) for a residential development shall not be credited toward meeting the lot size requirements. The preferred method is that the residential buffer be a separate lot and owned by a separate entity (e.g., a homeowners association).
(2) Where control and/or ownership of the buffer is through a property owner's association, any modifications, removal, or damage to the buffer by an adjacent homeowner shall be prohibited.
(3) The property owner's association or owner shall be responsible for any violation related to the buffers in accordance with Section 7.2.13, Maintenance Responsibility, Replacement of Damaged Vegetation, and Associated Fines.
(4) Buffers may be included within residential lots only when all of the following conditions are met:
(a) The subdivision is less than ten (10) acres in size and has no homeowners association; and
(b) There is no reason for the formulation of a homeowner's association (e.g. covenant, other common areas or engineered stormwater control structures); and
(c) The buffer is placed within a permanent conservation easement or other legal instrument dedicated to the Town (required documents must be provided prior to recording the plat for the impacted area).
(K) Use of Off-Site Landscape Easements
Off-site permanent landscape easements may be used to meet required buffer areas, provided that the size or shape of the parcel significantly restricts the ability to reasonably use the
property
and meet the buffer requirements. These easements must be recorded prior to or in conjunction with the approval of the development plan. The easement must not be under the same ownership as the developing site.
(L) Distance of Buildings and Structures from Required Buffers
Building, structures, parking lots and vehicular use areas shall be set back from required buffers or streetscapes as specified in Section 6.3.2(C) of this Ordinance.
(Ord. No. 2009-LDO-01, 2-12-09; Ord. No. 2010-LDO-05, 12-16-10; Ord. No. 2011-LDO-04, 11-17-11; Ord. No. 12-LDO-01, 2-23-12; Ord. No. 2021-LDO-01, 6-24-21)
(A) Preservation of Existing Vegetation Along Roadways
All uses that require development plan approval shall preserve existing healthy vegetation (as described below) within the streetscape along all existing and proposed streets and thoroughfares.
(1) Residential Development
Natural and dense vegetation along streets is critical to maintain, especially along major collectors and thoroughfares, to mitigate the impact of these roadways. For this reason, existing healthy vegetation shall be supplemented, if necessary, to achieve a Type A (opaque) standard.
(2) Non-Residential Development
(a) Selective thinning of trees less than six (6) inches DBH may occur to improve the viability of trees within the streetscape. An evaluation of the existing vegetation and recommendation for thinning shall be prepared by a certified arborist or by a certified forester and submitted in support of any request involving the removal of trees two (2) inches in DBH or larger. Viable ornamental trees two (2) inches in caliper or larger must be saved.
(b) An applicant may request an exception to remove a portion of existing trees and undergrowth less than two (2) inches DBH to improve the viability of the remaining trees or to allow for greater visibility of the site, unless this vegetation is needed to meet the minimum planting requirements for a streetscape. Viable ornamental trees two (2) inches in caliper or larger must be saved.
(c) All proposals for thinning streetscapes shall be accompanied by a report from a registered landscape architect, certified arborist, or other such specialist justifying the request and containing a more detailed tree survey showing all plant material two (2) inches in caliper or larger that is located within the area of streetscape to be thinned. The Planning Director may require that a portion of existing saplings be left intact to help ensure that the streetscape can function as a natural tree stand.
(d) Non-Residential sites containing existing forest vegetation within an area designated as the streetscape that is subsequently removed due to construction-related activity shall be revegetated to partially re-establish a native forest condition meeting the following criteria:
1. Existing vegetation or planted upper-story deciduous and evergreen trees shall attain a height at maturity of no less than sixty (60) feet.
2. At least fifty (50) percent of the required upper-story trees, and at least seventy-five (75) percent of the required shrubs shall be native, evergreen species locally adapted to the area.
3. The re-established forest shall contain rows of upper-story trees with each row spaced at least fifteen (15) feet apart. Within each row of upper-story trees the trees shall be spaced no wider than twenty (20) feet between tree trunks. The new forest shall also contain native ornamental trees spaced no wider than twenty (20) feet, and one shrub six (6) feet high randomly placed for every ten (10) feet of streetscape length.
4. A re-forested streetscape may include a wall, fence, or landscaped earthen berm, but must also include all required plant material required by this section.
(B) Installation of Planted Vegetation Along Roadways
The Director may allow the installation and maintenance of a planted streetscape in lieu of preservation of the existing vegetation along any streets which are adjacent to the site upon sound justification related to topography, drainage, site configuration, quality and quantity of existing healthy vegetation, the road construction requirements, or other similar issue. If a planted streetscape is permitted, then the following requirements shall apply:
(1) Any required vegetation shall be installed to reforest the buffer in an amount comparable to what existed naturally (given time for maturity at a later date).
(2) Existing healthy vegetation may be removed after review and approval by the Planning Director for the following purposes:
(a) to achieve required automobile sight distance triangles at intersections, driveways, or ingress/egress points;
(b) to provide drive access to the site;
(c) to locate sidewalks, street-side trails and public transit amenities;
(d) to locate residential and non-residential monument signs, provided that no trees greater than six (6) inches dbh are removed for such purpose unless there is no alternative sign location of lesser impact to vegetation outside of the sight distance triangle that would provide adequate visibility for the sign;
(e) to locate stormwater impoundment areas or other BMPs provided that no reasonable alternative location exists.
(3) The applicant may appeal the Director's decision by electing to have the development plan forwarded to Zoning Board of Adjustment for consideration
(C) Required Width of Streetscapes for all Types of Development
(1) The width of the streetscape for non-residential uses shall be a minimum of thirty (30) feet along thoroughfares and collectors designated on the Cary Comprehensive Transportation Plan or otherwise designated by the Town, as measured from the ultimate right-of-way line, except as provided.
(2) For residential developments along thoroughfares, the width of the streetscape shall be a minimum of fifty (50) feet, except as provided; along collectors, a minimum of thirty (30) feet shall be provided, except as provided.
(3) To protect the historic character of the Carpenter community, an historic character preservation streetscape is hereby established. New development (residential and non-residential) located along the following streets shall provide a fifty (50) foot historic character preservation streetscape outside the right-of-way and/or any public access easements:
(a) Both sides of Morrisville Carpenter Road from its intersection with Good Hope Church Road to its intersection with Louis Stephens Drive;
(b) Both sides of existing Good Hope Church Road from its intersection with Morrisville Carpenter Road to a point one thousand one hundred (1,100) feet north;
(c) Both sides of Saunders Grove Lane;
(d) The west side of Louis Stephens Drive from its intersection with Morrisville Carpenter Road to a point nine hundred (900) feet north; and
(e) The west side of Louis Stephens Drive from its intersection with Morrisville Carpenter Road to a point five hundred (500) feet south.
(4) If existing healthy vegetation is located within the streetscape, a ten (10) foot building/five (5) foot vehicular use area setback from the streetscape is required.
(5) According to Section 7.2.10, Allowable Modifications and Reductions, the Planning Director may allow averaging of the width of a residential streetscape to no less than thirty (30) feet only if the remaining streetscape effectively mitigates the impact of the adjacent roadway (i.e., through the use of walls or berms with a substantially more intensive landscape plan). Only the Zoning Board of Adjustment may permit other reductions in buffer or streetscape widths.
(6) Non-residential developments located on local or private streets shall provide a fifteen (15) foot streetscape. In situations where property across the street is zoned or used for residential purposes, the streetscape shall be installed in accordance with the Type A standards.
(7) The Zoning Board of Adjustment may reduce the prescribed width of streetscape to as little as ten (10) feet at the time of
development
plan approval. On redeveloped sites or existing non-conforming sites, the staff may reduce the streetscape to no less than the streetscape shown on a previously approved plan for the site to promote redevelopment and reuse of existing sites where it is impractical to meet current requirements (see Section 7.2.10, Allowable Modifications and Reductions). The applicant shall submit a statement justifying the reduction based on the below criteria:
(a) The relationship of existing topography to the finished street grades.
(b) The type, amount, and location of existing vegetation within thirty (30) feet of the right-of-way line.
(8) All streetscapes are to be made up of existing trees and supplemented if necessary, unless approved by the Planning Director (see subsection 7.2.4(A)).
Streetscape Width based on Use and Roadway Type
(D) Plantings in Streetscape
(1) General Provisions
(a) The property owner or developer shall preserve existing healthy trees.
(b) The calculation of road frontage to meet the spacing requirements for trees shall not include driveway widths measured at the right-of-way line.
(c) In instances where planting requirement calculations produce a fraction, the plants shall be rounded up to the next whole number (e.g. five and one-tenth (5.1) required shrubs shall equal six (6) provided shrubs).
Typical Streetscape Plantings
(2) Upper-story Trees
(a) The property owner or developer shall install three (3) upper-story trees at least two (2) inches in caliper for each one hundred (100) linear feet of streetscape. The maximum spacing between upper-story trees shall be forty (40) feet.
(b) If existing trees that meet the intent of the upper-story tree requirement are preserved, then the requirement shall be reduced proportionally.
(c) Upper-story trees shall be planted at appropriate distances from public rights-of-way, sidewalks, and other utilities as required by the Land Development Ordinance and the Community Appearance Manual.
(d) Within historic character preservation streetscapes, upper-story trees shall be native species, at least fifty percent (50%) of which shall be evergreen. Trees shall be planted at a density of four (4) trees per one hundred (100) linear feet of streetscape, installed in an irregular manner to mimic a natural forest stand.
(3) Understory/Ornamental Trees
(a) Where the required streetscape is thirty (30) feet or less in width, the property owner or developer shall install or preserve five (5) deciduous understory or ornamental trees at least two (2) inches in caliper for each one hundred (100) linear feet of streetscape. The maximum spacing between understory/ornamental trees shall be twenty (20) feet except as noted in Section 7.2.4(D)(3)(c).
(b) Where the required buffer width is greater than thirty (30) feet and less than fifty (50) feet, one (1) additional understory/ornamental tree shall be provided every one hundred (100) linear feet for every four (4) additional feet of buffer width (or portion thereof) beyond thirty (30) feet.
(c) Where the required buffer is fifty (50) feet or greater in width, the property owner or developer shall install or preserve ten (10) deciduous understory/ornamental trees at least two (2) inches in caliper for each one hundred (100) linear feet of streetscape.
(d) Sites with streetscapes that meet all LDO requirements and have a minimum width of at least thirty (30) feet, may cluster understory or ornamental trees in accordance with the following requirements:
(i) Up to twenty percent (20%) of the required understory or ornamental trees (or a minimum of two (2) along a specific frontage) may be relocated elsewhere in the streetscape along the same frontage;
(ii) Gaps that are created between understory or ornamental trees may not exceed eighty (80) feet in length; and there shall be a minimum of two hundred (200) linear feet between gaps.
(iii) When understory or ornamental trees are removed from existing streetscapes, at least an equal number of replacement trees shall be provided and the total diameter of all replacement trees shall be a minimum of fifty percent (50%) of the total tree diameter removed.
(e) Within historic character preservation streetscapes, understory trees shall be native evergreen species and shall be planted behind the required upper-story trees as viewed from the right-of-way or public access easement. Trees shall be planted at a density of fourteen (14) trees per one hundred (100) linear feet of streetscape, in a single row parallel to the right-of-way or public access easement. The intent is for these plantings to mimic a traditional fenceline planting.
(4) Power Line Encroachment
Where overhead power lines encroach into the streetscape or buffer, each required upperstory tree may be replaced with two (2) understory trees. The selected tree type may reach a maximum height of twenty to twenty-five (20-25) feet at maturity.
(E) Tree Placement
Trees shall be installed on the thoroughfare side of any berm or screen planting, and no less than five (5) feet from a sidewalk or trail, or from back of curb where no sidewalk exists or is planned within the thoroughfare right-of-way. Trees should be installed in a staggered fashion, or in clusters or groupings of upper-story and/or understory trees in combination with associated plantings. Trees may be planted in a linear arrangement parallel to the street, depending upon the area (e.g., downtown areas, neotraditional developments, etc.). In order to prevent conflicts and allow for appropriate maintenance, canopy trees shall be placed at least ten (10) feet from electrical transformers and twenty (20) feet from light poles.
Tree Placement
(F) Pervious Area and Soil Volume for New Trees
A minimum of three hundred (300) square feet of pervious ground area and nine hundred (900) cubic feet of total soil volume for roots per upper-story tree shall be provided, unless two (2) or more upper-story trees are sharing one (1) planting bed, in which case at least seven hundred twenty (720) cubic feet of soil must be provided per upper-story tree. Where possible, smaller individual planting areas should be combined to allow for larger planting areas that contribute to healthier trees. Any planting area bounded by an impervious surface should be at least ten (10) feet wide. No upper-story tree should be planted closer than five (5) feet to a sidewalk, paved areas, or other impervious surface. Modifications to soil volume requirements may be granted pursuant to Section 7.2.10(C).
(G) Stabilizing Steep Slopes
All slopes two to one (2:1) and steeper shall be stabilized with permanent slope retention devices or suitable combination of plantings and retention devices. Slopes greater than three to one (3:1) shall not be stabilized with turf grass (e.g., grasses that need to be mowed), but with other permanent ground cover such as those listed in the Standard Specifications and Details Manual, with preference given to native species. No permanent overhead spray-type irrigation is allowed on slopes greater than two to one (2:1).
(H) Planting Criteria for Steep Slopes Adjacent to Rights-of-Way
Where the right-of-way is bounded by slopes steeper than three to one (3:1) or is otherwise not suitable for the planting of upper-story trees, the following standards shall apply:
(1) If natural areas are permitted to be removed and/or graded, the streetscape slope shall be somewhat level (no greater than four to one [4:1]) planting strip for upper-story trees at least ten (10) feet wide, located parallel to both sides of the thoroughfare. The planting strip shall be positively drained throughout. Upper-story trees required by this section may only be located closer than five (5) feet to the curb or sidewalk on certain streets, such as those found in neo-traditional developments, or when trees which do not exceed twenty-five (25) feet in height at maturity are used, but in no case shall they be closer than two and one-half (2 1/2) feet. Plantings may be located in the right-of-way only with the prior approval of the authority or agency that controls the right-of-way (e.g., Town of Cary, Department of Transportation, or other agency).
(2) Existing significant vegetation within thirty (30) feet of and extending to the right-of-way may be used to satisfy the requirements of this section, provided that:
(a) The existing vegetation meets the requirements of this section.
(b) The vertical grade change is less than four (4) feet above or below the existing or proposed permanent features of the thoroughfare.
(I) Ownership of Streetscapes
The ownership of streetscapes shall follow the same requirements as stated in Section 7.2.3(J) Ownership of Buffers.
(Ord. No. 2009-LDO-01, 2-12-09; Ord. No. 2010-LDO-05, 12-16-10)
New Ordinance Notice: Publisher's Note: Section 7.2.7 has been amended by Ord. 2023-LDO-04, approved 11/16/2023, effective 11/16/2023.
(A) Tree Protection and Tree Surveys
(1) Intent and Purpose
It is the intent of the Town Council to preserve trees and other vegetation through buffer (including urban transition buffer), streetscape, and floodplain regulations, and through champion tree preservation requirements, to the extent practical and reasonable. Preserving trees and vegetation on a site should not prevent the reasonable development of a site, given its zoning classification. This section 7.2.5 is designed to recognize unique site conditions and to allow flexibility in meeting the requirements.
The Town Council finds that preserving trees and healthy vegetation on a site during development:
(a) Maintains and enhances the visual character and aesthetic qualities and appearance of the community and preserves community values;
(b) Conserves and enhances the value of buildings and land
(c) Conserves the natural resources and environmental quality of the Town and its environs;
(d) Screens and softens the impact of construction and buildings and balances the scale of buildings;
(e) Preserves wildlife habitat, controls surface water runoff, and moderates temperatures; and
(f) Conserves water due to increased absorption ability and reduced heat effects.
(2) Requirement to Protect Champion Trees
No champion tree may be disturbed or removed except as specifically allowed by this Ordinance. Preserved champion trees and their associated tree protection areas must be shown on development plans and reuse/redevelopment plans as located in a buffer, streetscape, private open space, or other designated permanent tree protection area. In addition, champion trees permitted to be included on a residential lot must be shown on plans for the purpose of designating tree protection fencing during the development and prior to the certificate of occupancy for buildings/structures.
(3) Tree Survey Requirements
A tree survey aids in the protection of trees by locating trees on a site before development plans are fully designed so modifications can be made to the plans to protect trees. A tree survey prepared by a licensed surveyor, engineer, or landscape architect is required with the submission of all development plans. Surveys shall have been reviewed and signed by a certified arborist to confirm tree species, especially understory champion trees. A tree survey is required for development plansand reuse/redevelopment plans that propose to disturb areas that contain or are within the critical root zone of champion trees or specimen and significant trees within required buffers, streetscapes, and floodplains.
The survey shall, at a minimum, provide the following information:
(a) The number, caliper size, and location of either:
(i) All champion and upperstory specimen trees within all areas to be disturbed, all champion trees within one hundred (100) feet of all areas to be disturbed, and all upperstory specimen trees within fifty (50) feet of all areas to be disturbed; or
(ii) All champion trees located throughout the development plan boundaries, all upperstory specimen trees located within any buffer or streetscape, and all upperstory specimen trees located within fifty (50) feet of any buffer or streetscape; and
(b) All significant trees within the interior ten (10) feet of all buffers, streetscapes, and floodplains; and,
(c) A general description of the forest or forest stands on site located outside of buffers, streetscapes, and floodplains, including information on the type of trees and general size ranges.
(4) Incentives and Design Flexibility
Section 7.2.10 provides incentives and design flexibility for preserving existing healthy trees and forest stands and for protecting the critical root zone of specimen trees located outside of buffers, streetscapes, and floodplains. For example, the Planning Directormay permit the exchange of trees otherwise required to be preserved for the preservation of trees within certain non-residential buffers and may grant parking reductions if trees or forest stands that are not otherwise required to be preserved or are located outside of buffers, streetscapes, and floodplains, are preserved.
(5) Definitions
(a) Adversely impacted means that twenty-five percent (25%) or more of the critical root zone of a champion tree will be, or, within the three (3) years prior to the date of application, was disturbed.
(b) Disturbed means any use of land that results in a change in the natural cover or topography. This may include the grading, digging, cutting, scraping, compaction, or excavation of soil, placement of fill materials, paving, construction, substantial removal of vegetation, or any activity which bares soil or rock or involves the diversion or piping of any natural or man-made watercourse. Routine maintenance of landscape areas is not included as "land disturbance."
(c) Grouping means that the critical root zone of two (2) or more champion trees or champion tree(s) and specimen tree(s) overlap.
(d) Open Space means all buffers, streetscapes, or floodplains; open space required through rezoning conditions; permanent tree protection areas; designated community gathering spaces; bonus open space for conservation residential subdivisions; and other non-regulated permanent open space.
(e) Large Champion Tree means any upperstory champion tree forty (40) caliper inches and larger or any understory champion tree fifteen (15) caliper inches and larger.
(f) Small Champion Tree means any upperstory champion tree less than forty (40) caliper inches or any understory champion tree less than fifteen (15) caliper inches.
(g) Prominent Location means areas: along any
thoroughfare
or collector roadway; along a public/private street interior to the site; surrounded by buildings/homes on at least two (2) sides; or immediately adjacent to or within twenty (20) feet of a public greenway easement or public greenway property boundary.
(h) Tree protection area means areas that are required by this ordinance to be encircled and enclosed within a tree protection fence.
(B) Tree Protection During Construction
(1) Owner's Responsibility
During development of the property, the owner, developer, and/or builder shall be responsible for the erection of tree protection fencing to protect existing and/or installed vegetation from damage during development and prior to certificate of occupancy for buildings/structures. Any disturbance within the boundaries of such tree protection areas that is not authorized by the terms of this Ordinance shall result in fines as identified in Section 11.5.2(B)(2)(b), in addition to any other fines and replanting requirements for the removal or damage of vegetation within tree protection areas.
(2) Tree Protection Fencing
(a) Where Required
All existing trees and vegetation that are to be preserved shall be completely encircled and enclosed within a fence that meets the requirements of this Ordinance before grading begins. Additionally, tree protection fencing shall be required around champion trees and shall extend in a circular manner a distance of at least one and one-quarter (1.25) feet from the tree for each inch of caliper (excluding existing and undisturbed non-pervious area on redevelopment/reuse sites). The distance may be reduced if allowed under Section 7.2.10 of this Ordinance. Tree protection fencing of areas adjacent to existing and proposed roadways is also required. Tree protection fencing is required on all Town transportation projects that are adjacent to streetscapes or buffers. Existing site conditions shall be taken into consideration in determining the exact location of any tree protection fencing and staff may authorize field adjustments to the amount of tree protection fencing needed.
(b) Type of Tree Protection Fencing
All tree protection fencing required by this section shall be four (4) feet orange polyethylene laminar fencing a minimum four (4) feet high and of durable construction. Passive forms of tree protection may be utilized to delineate tree save areas that are remote from areas of land disturbance at the discretion of the Planning Director.
(c) Signage
Signs shall be installed on the tree protection fence visible on all sides of the fenced-in area (minimum one (1) on each side and/or every three hundred (300) linear feet). The size of each sign must be a minimum of two (2) feet by two (2) feet and shall contain the following language in English and Spanish: "TREE PROTECTION ZONE, KEEP OUT."
(d) When Required
The tree protection fencing shall be clearly shown on the development plan. No construction, grading, equipment or material storage, or any other activity shall be allowed within the tree protection area. Tree protection fencing shall be maintained until the final site inspection prior to the Certificate of Occupancy is scheduled (including any required perimeter buffer for single-unit dwelling construction). The tree protection fencing shall be removed prior to final site inspection for the Certificate of Occupancy.
(3) Disturbance
Disturbance within the area required to be designated as a tree protection area, shall occur only if approved by staff on the development plan. If such a disturbance is permitted for reasons such as location of minor utility lines, the following preventive measures shall be employed:
(a) Clearing Activities
The disturbance of land, including disturbance caused by the removal of trees adjacent to tree protection areas can cause inadvertent damage to the trees in the tree protection area. If trees are being removed adjacent to tree protection areas, a minimum one and one-half (1 1/2)-foot trenches must be cut along the limits of land disturbance, so as to cut, rather than tear, roots. Trenching shall be required for the protection of specimen and/or champion tree critical root zones immediately adjacent to or within the land disturbance area (see Community Appearance Manual for further guidance).
(b) Soil Compaction
Where compaction might occur due to traffic or the transportation of materials through the tree protection area, the tree protection area must first be mulched with a minimum four (4)-inch layer of processed pine bark or wood chips or a six (6)-inch layer of pine straw (see Community Appearance Manual). Equipment or materials storage shall not be allowed within tree protection areas.
(C) Protection of Champion Trees
(1) Intent/Purpose
One purpose of this subsection is to protect healthy champion trees during the development process. This shall be accomplished through the review and implementation of development plans and reuse/redevelopment plans. Trees, including champion trees located on existing single-unit lots, that are otherwise not subject to regulation under Chapter 7 of this Ordinance, are not subject to these requirements. Flexibility in site design is provided for in Section 7.2.10 which permits area used to preserve champion trees that is not otherwise required to be preserved to be offset by deducting area from other required landscape/buffer areas. No champion tree may be removed during development, unless the approval criteria of Section 7.2.5(D) are met and the removed champion tree is replaced pursuant to Section 7.2.5(E). In support of any application which requests removal of a champion tree, the applicant must submit a report from a certified arborist that addresses the criteria of Sections 7.2.5(C) (2) and (D).
(2) Priority Order For Preserving Champion Trees
When applicants are designing development plans, champion trees and their critical root zone shall be preserved in the following priority order (which order shall be reviewed when the decision-making authority is making a determination as to whether a plan is in compliance with Section 7.2.5):
(a) Tier 1 Champion Tree (excludes pine trees):
(i) Any champion tree grouping located in a prominent location;
(ii) Any single large champion tree located in a prominent location;
(iii) Any single small champion tree located in a prominent location;
(iv) Any champion tree grouping located in a non-prominent location; and
(v) Any single large champion tree located in a non-prominent location.
(b) Tier 2 Champion Tree:
(i) Any single small champion tree, excluding pine, located adjacent to other open space areas;
(ii) Any single small champion tree, excluding pine, located in a non-prominent location;
(iii) Any single champion tree, excluding pine, that is forked (see champion tree definition), located anywhere on site; and
(iv) Any single champion pine tree located anywhere on site.
(D) Administrative Approval of Removal of Champion Trees
(1) The Planning Director shall administratively approve the removal of any champion tree if the criteria of either (a), (b), (c) or (d) below are met.
(a) After exhausting the allowable modifications/reductions in Section 7.2.10, the tree is adversely impacted by one (1) of the following:
(i) Required road connections;
(ii) Required sanitary sewer or storm drain lines;
(iii) Public infrastructure improvements made or to be made by others;
(iv) Required stormwater treatment devices located in geographically and topographically appropriate areas; or
(v) Town design standards or requirements that limit the reasonable location of new structures and expansions to buildings and/or other features such as parking and private streets on the site (e.g. requirements for the buildings to front on streets, access points, and similar).
(b) All the following criteria have been met:
(ii) The tree is included in the Tier 2 champion tree list;
(iii) The total site consists of at least thirty percent (30%) open space or at least fifteen percent (15%) open space if located in the Town Center Zoning District or on a reuse/redevelopment site.
(c) After exhausting the allowable modifications/reductions in Section 7.2.10, and due to the site's topography and/or in order to meet town design standards or requirements (e.g., roadway elevations, sidewalks, etc.), the finish site elevation will result in the champion tree critical root zone area being ten (10) feet or more above or below grade on more than one (1) complete side of the tree.
(d) Based upon a certified arborist's report, a large champion tree has a life expectancy of less than ten (10) years and one (1) or both of the following exist:
(i) Twenty-five (25) percent or more of the tree's canopy is dead/dying; and/or
(ii) Two (2) or more major limbs are dead/dying.
Replacement pursuant to Section 7.2.5 (E) shall be required if the champion tree meets this criteria and is removed.
(2) The Zoning Board of Adjustment shall review and take action on any other request to remove a champion tree as a Minor Modification pursuant to Section 3.19.
(E) Replacement of Champion Trees
(1) When a champion tree is removed during construction, or is dying or dies within one (1) year following completion of construction pursuant to a development plan for a site that is not located in the Town Center District and is not a reuse/ redevelopment site, the applicant or developer shall replace such champion tree as follows:
a. Trees of similar type must be planted at least thirty (30) feet from any other tree such that the total caliper inches of trees planted is no less than the caliper inches of the tree removed;
b. The size of such replacement trees at the time of installation shall be a minimum of two and one-half (2 1/2) inches in caliper;
c. Tree protection areas that are not in required open space may, if placed in private permanent open space, be credited towards this replacement requirement at one hundred fifty percent (150%) of the caliper inches of the trees preserved for healthy hardwood trees a minimum of two (2) caliper inches in size and healthy evergreen trees a minimum of four (4) caliper inches in size; and
d. If sufficient area does not exist on the site to plant replacement trees, the applicant or owner must coordinate with Town staff to design and implement a plan to plant the required replacement trees on town properties, town-maintained properties, and/or other public property within the Town's jurisdiction. If the Town determines this is not feasible, fines shall be assessed in accordance with Section 11.5.2(B)(2)(d).
(2) When a champion tree is removed during construction, or is dying or dies within one (1) year following completion of construction pursuant to a development plan on a site located within the Town Center District or on a reuse/redevelopment site, the applicant or developer shall comply with the requirements of section 7.2.5(E)(1), except that the total caliper inches of trees planted may be less than the diameter of the tree removed if it is not practical to replant the required number and size of trees spaced at least thirty (30) feet from any other tree on the same site or any adjacent property under common ownership. The maximum size of any replacement tree shall be three (3) caliper inches.
(3) In consultation with the Town staff, acceptable replacement trees shall be determined by a person qualified by training or experience to have expert knowledge of the subject. Alternatively, the valuation of trees removed may be established in accordance with standards established by the International Society of Arboriculture and replaced with trees of equal dollar value.
(4) Replacement trees shall be maintained through an establishment period of at least three (3) years, except that replacement trees planted in association with development of detached dwellings on an individual lot shall have an establishment period of only one (1) year. The property owner and developer shall execute a landscape agreement guaranteeing the survival and health of all replacement trees during the establishment period and guaranteeing to replace any replacement tree(s) that does not survive the establishment period in good health as determined by a certified arborist.
(F) Preservation and Removal of Trees on Town Property
(1) Preservation on Town Property
(a) The Town shall have the right to plant, maintain, and remove trees and vegetation on all Town property as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of Town property. The Town also may remove any Town-owned tree, shrub, or part thereof that is in an unsafe condition, which by its nature is injurious to sanitary sewers, electrical power lines, gas lines, water lines, or other public improvements, or which is infected with any injurious fungus, insect, or other pest.
(b) This section does not prohibit the planting of upperstory trees or shrubs by adjacent property owners on Town property, provided that the selection and location of said trees or shrubs complies with the planting guidelines developed by the Community Appearance Manual or other documents and is approved by the Town.
(2) Injury or Obstruction to Trees on Town Property Prohibited
No person shall, without prior written permission from the Town, place or maintain upon the ground in any public street right-of-way or Town property any stone, cement, or other impervious matter or any fill material in a manner that may obstruct the free access of air and water to the roots of any tree or shrub in any such street right-of-way or Town property. Any person who is erecting, repairing, altering, or removing any building or structure shall place a guard or protector around any tree or shrub on Town property so as to prevent injury to such tree or shrub.
(G) Removal of Unsafe, Injurious, or Infected Trees on Private Property
(1) The Town may cause to be removed from private property any tree, shrub, or part thereof which is or contributes to a public nuisance.
(2) The Town or its agent may enter upon private property to trim, treat, or remove any tree or shrub infected by any parasite, insect, or pest, when necessary to prevent the breeding or scattering of any parasite or pest and to prevent danger to persons, property, or trees and shrubs planted in public street rights-of-way or other Town property.
(3) Prior to exercising the authority conferred by this section, the Town shall give the owner an opportunity to correct the condition by ordering the corrective action be taken. The order shall be sent by certified or registered mail to the owner of the property in question, and shall be acted upon by the owner or occupant within fourteen (14) days from the date he or she receives the order. If, after fourteen (14) days, the owner or occupant has not corrected the condition or undertaken action that would lead to a timely correction of the condition, then the Town may enter upon the property, perform the work necessary to correct the condition, and bill the owner or occupant for the actual costs incurred in addition to an administrative fee.
(4) For trees located within open space, the determination of whether a tree or trees are unsafe, injurious, dead, or dying shall be made only by the Town or its recognized representative.
(H) Waivers in Emergencies
During emergencies, such as windstorms, ice storms, fire, or other disasters, the Town Manager may waive the requirements of this section in order to avoid hampering private or public work to restore order in the Town. This section shall not be used, however, to otherwise circumvent the requirements of this Section 7.2.
(I) Clear Cutting of Trees and Other Vegetation
(1) The removal or clear cutting of trees and other existing vegetation on undeveloped or under-developed sites within the corporate limits or extra-territorial jurisdiction is prohibited except as otherwise permitted in this Ordinance.
(2) Any clear cutting or vegetation removal on vacant, undeveloped, or underdeveloped sites must be done in accordance with an approved development plan or in accordance with the Tree Clearing Certificate process in Section 3.22.
(3) Trees and other existing vegetation shall be maintained within existing UTBs consistent with the requirements of this Ordinance and state law. Removal of existing trees and vegetation without approval from the Town and/or the State shall be a violation of this Ordinance, and shall be subject to the requirements and penalties of Sections 7.2.9(H), 7.2.13 and Chapter 11 of this Ordinance.
(Ord. No. 2009-LDO-01, 2-12-09)
(A) Landscaping Requirements in Parking Areas and Vehicular Use Areas
All vehicular use areas shall contain at least one (1) upper-story tree
for every seven parking spaces required. If overhead utility lines are present and would impair the growth of an upper-story tree
, two (2) understory trees fifteen (15) to twenty-five (25) feet in height at maturity may be used instead of one (1) upper-story tree
. All vehicular use areas used for parking shall be screened from the view of adjacent properties and streets by evergreen plantings that will attain a height of three (3) feet within three (3) years of planting. The use of shrubs and ground covers is greatly encouraged in parking area islands and along the borders of parking areas.
(B) Existing Vegetation
Existing healthy, well-formed upper-story trees may be counted toward the requirements of this section, provided that these trees are protected in accordance with Section 7.2.5, Tree Protection and Replacement, before and during development of the site and maintained thereafter in a healthy growing condition.
(C) Design Standards
The design of the
vehicular use area
with landscaped areas, and the selection of plant materials, shall conform to the following standards:
(1) Install one (1) upper-story tree for every seven (7) parking spaces as required (see paragraph (A) above).
(2) Trees shall be selected for their appropriateness based on site conditions from the Standard Specifications and Details Manual.
(3) All upper-story trees shall not be planted any closer than five (5) feet, to the edge of the parking area pavement or curb.
(4) A parking lot consisting of fewer than ten (10) spaces may incorporate the required upper-story trees around its perimeter. These parking lot trees shall be located no farther than ten (10) feet from the back of curb.
(5) Only upper-story trees shall be used for perimeter planting areas and interior parking area islands. For auto sales and rental lots understory trees may be used.
(6) All trees shall be evenly distributed throughout the parking areas and parking perimeter at the required ratio.
(7) No more than fourteen (14) continuous parking spaces shall be allowed without a minimum of one (1) landscape island containing an upper-story tree. In developments using double-sided parking bays, a parking lot island measuring no less than eighteen (18) feet square may be provided in a staggered pattern to provide no more than twenty-eight (28) contiguous spaces.
(8) The size of parking area landscape islands and upper-story tree placement shall be as specified in the Community Appearance Manual.
(9) All planting medians and/or islands containing a tree shall be at least ten (10) feet long by ten (10) feet wide from back of curb to back of curb, with a minimum of three hundred (300) square feet of space per upper-story tree. Linear planting strips between the lengths of parking isles are strongly encouraged rather than numerous small one (1) tree islands. If a linear strip is used, fifteen (15) shrubs per one hundred (100) linear feet must be planted in addition to the required trees.
(10) A continuous linear island no less than ten (10) feet in width [fifteen (15) feet in width if sidewalk is included in island] shall be installed in off-street parking areas approximately every one hundred twenty-two (122) linear feet (one (1) linear median to every two (2) double-loaded parking bays) in one (1) direction for vehicular surface areas exceeding forty thousand (40,000) square feet. Other design options may be approved provided that the intent of "visually breaking up" large areas of parking is met. Credit may be given for saving existing trees located interior to the site. This requirement does not apply to vehicular display lots, to vehicular rental lots, or to other similar lots.
(11) The size of the planting area and size of plant material at maturity shall allow for a two and one-half (2½) foot bumper overhang from the face back of the curb. Barriers, such as curbs or wheel stops, must be provided between vehicular use areas and landscaped areas.
(12) All sidewalks shall be at least five (5) feet from the trunks of upper-story trees, unless otherwise approved by the Planning Director. For example, when the placement of the sidewalk would require the removal of an existing upper-story tree to meet this requirement or where there is not enough space on the site to accommodate both the tree and the sidewalk, this requirement may be modified.
(13) Parking lots shall be graded so that landscape islands do not impound water, unless surface impoundment is required as a method of on-site retention of stormwater. Landscape islands should be composed of well-prepared structured soil and thoroughly cultivated and amended so as to support healthy plant growth.
(14) Preservation of existing groups, stands, or groves of trees, as well as isolated islands with single trees, is strongly encouraged (see Section 7.2.10, Allowable Modifications and Reductions).
(15) Upper-story trees shall be at least two (2) inches in caliper when installed.
(16) Evergreen shrubs shall be at least two (2) feet in height and minimum three (3) gallon container size at the time of installation.
(17) The standards for all plants in vehicular use areas shall conform to the American Standard for Nursery Stock published by the American Association of Nurserymen for that type of tree or shrub at the time of installation. (The selection and planting of trees and shrubs shall conform to the standards set forth in this publication or the Town's Community Appearance Manual, whichever is stricter).
(18) Adequate drainage, mulching, and irrigation shall be provided for landscape medians and islands. If automatic underground irrigation systems are permitted, moisture sensor regulators, soil moisture sensors, or drip irrigation shall be used.
(19) The property owner or developer shall provide for continuous maintenance of the landscaped areas after occupancy of the building. The property owner shall ensure that performance criteria within this Ordinance and/or included on the approved development plan are met. Failure to correct deficiencies in a timely manner shall result in a citation for violation of this Ordinance in accordance with Chapter 11.
(D) Screening Vehicular Use Areas
Where there is a vehicular use area between the thoroughfare and a permanent non-residential building, an opaque screen shall be provided between the right-of-way and the vehicular use area. The screen may consist of plants, earthen berms, fences, walls, or any combination thereof, which meet the following requirements:
(1) The screen shall be continuous, occupying the full length of the vehicular use area, except for sidewalks and driveways that cut through the screen to connect the vehicular use area to streets and other properties. Shrubs shall be at least two (2) feet in height above finished grade, and healthy at the time of installation. Vehicular use area screening shrubs shall be maintained so as to permit the shrubs to form a continuous evergreen screen.
(2) Berms may be used or installed in lieu or in addition to plantings. If the berm does not meet the performance standards of this section, then plant materials shall be installed which meet these standards. The installation of additional plant materials is encouraged so as to enhance the visual and aesthetic qualities of the streetscape. Plantings should be placed based upon topography of the site, usually at the top of the slope.
(3) Berms must, at a minimum, be planted and maintained with a groundcover vegetation or grass that will permanently stabilize the soil.
(4) Shrubs, plantings, hedges, or walls shall provide an opaque screen or barrier for the first three (3) feet of height within three (3) years of planting.
(5) Vehicular use areas used for the purpose of loading/unloading, and accessways to those areas shall be screened from views of streets and adjacent development.
(E) Exceptions for Underground Parking and Above Ground Parking Structures
When parking is provided underground or within buildings, the above requirements shall not apply. However, if the parking is visible from a public right-of-way or adjacent
property
, then it shall be screened from views from streets and adjacent properties pursuant to subsection (D) above. Unless they are designed to look like, reflect the architectural style of, and blend in with the adjacent buildings, dense landscaping should visually separate all parking structures from the view of streets and adjacent
property
. If this is not possible, then the walls of the structure should be softened by the use of terracing, plantings, or other techniques.
7.2.6 VEHICULAR USE AREA PLANTING STANDARDS - Parking Lot Planting Requirements
(Ord. No. 2009-LDO-01, 2-12-09; Ord. No. 2010-LDO-01, 1-14-10)
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