§ 155.402 LANDSCAPING, SCREENING AND BUFFERING.
   (A)   Purpose and intent. The purpose and intent of this section is to establish minimum standards for the design, layout, installation and continued maintenance of landscaping. It is the intent of this section to encourage creativity in landscape design while providing general direction and criteria for the evaluation of landscaping.
   (B)   Applicability.
      (1)   Unless specifically exempt, all development which requires site plan approval (see § 155.707) shall meet the provisions of this section.
      (2)   Buildings and structures lawfully existing as of the effective date of this chapter may be redeveloped, renovated or repaired without providing or modifying landscaping, screening, and buffering in conformance with this section, provided there is no increase in gross floor area in such building or structure or impervious area on the site.
      (3)   The maintenance standards in division (G)(2) of this section shall apply as of the effective date of this chapter to all existing development and new construction.
      (4)   Where a building or structure existed as of the effective date of this chapter, and such building or structure is enlarged in gross floor area or impervious area by 10% or 2,000 square feet, whichever is less, landscaping, screenings, and buffering as specified in this section shall be provided.
      (5)   Landscaping required within an overlay district is subject to the provisions of this section, except that regulations within § 155.204 (Overlay Districts) shall supersede and may be either more or less restrictive than the regulations for landscaping contained in this section. In the Downtown Overlay District, a permitted use may be established, even if all landscaping, screening, and buffering requirements cannot be met for the new use, provided that as much landscaping, screening and buffering as can reasonably be provided is provided by the use.
   (C)   Landscape plan required.
      (1)   A landscape plan shall be submitted in conjunction with a required site plan (see § 155.707).
      (2)   A registered landscape architect shall prepare all landscape plans, except where expressly exempted by the Planning Director. The landscape treatment shall adequately detail the requirements of this section and any additional considerations set forth in the Clayton General Design Guidelines.
PART 1. SITE INTERIOR LANDSCAPE REQUIREMENTS
   (D)   Site interior landscaping. All site plans requiring landscaping in accordance with this section shall provide site interior landscaping. Perimeter buffer requirements set forth in Part 2 and street yard trees set forth in Part 3 of this section shall be provided completely, as required, in addition to these requirements.
      (1)   Interior landscaping.
         (a)   Twenty percent of the total lot area shall be landscaped.
         (b)   One canopy tree, one understory tree, and two shrubs shall be planted for each 1,000 square feet of landscape area required. Trees need to be evenly planted throughout the landscaped area, but may be staggered or clustered as necessary to maximize visual and screening objectives, and to meet the needs of the particular species of plants for root space, water, light, and air circulation.
            1.   Landscaping provided within vehicular use areas may be counted toward the site interior landscape requirement.
            2.   Resource conservation areas (see § 155.500) may be used to satisfy a maximum of 40% of the total required landscaped area.
      (2)   Vehicular use areas. All vehicular use areas shall observe a minimum front yard of not less than five feet, and a side yard on a corner lot of not less than five feet. Parking lots in residential districts shall have front yards of not less than 15 feet and side and rear yards of not less than five feet. Parking areas in excess of 1,500 square feet or five spaces shall provide landscaped areas in accordance with the requirements set forth in this section.
         (a)   Perimeter screening.
            1.   The perimeter of all parking areas and other vehicular use areas adjacent to residentially-zoned property shall provide a Class C buffer as set forth in this section.
            2.   The perimeter of all parking areas and other vehicular use areas with frontage on or visibility from any portion of a public right-of-way shall be screened to a height of three feet by either a berm, continuous landscaped hedge, decorative fence, decorative masonry wall, or any combination thereof.
            3.   Any vegetative screen shall be maintained at a minimum height of 36 inches within two years of planting.
         (b)   Landscaping islands.
            1.   Interior islands. An interior landscape island shall be provided every ten spaces. Each island shall contain a minimum of 150 square feet of landscaped area with a minimum width of eight feet inside the curb. Each island shall include a minimum of one tree with a minimum caliper of two and one-half inches. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees of greater than six inches diameter at breast height.
            2.   Terminal islands. All parking rows shall terminate in a curbed landscaped island. All terminal islands shall include a minimum of one tree with a minimum caliper of two and one-half inches.
            3.   Median islands. A median island with a minimum width of eight feet inside the curb shall be sited between every six single parking rows and along primary internal and external access drives. Median intervals may be expanded in order to preserve existing trees of greater than six inches diameter at breast height.
         (c)   Curbing.
            1.   All landscaping in or adjacent to a vehicular use area shall be protected from vehicular damage by a raised concrete curb six inches in height or equivalent barrier, however, the barrier need not be continuous.
            2.   Landscaped areas adjacent to parking areas shall be landscaped so that no plant material greater than 12 inches in height will be located within two feet of the curb or other protective barrier.
PART 2. PERIMETER BUFFERS
   (E)   Buffers.
      (1)   Buffer defined. A buffer is a specified land area, located parallel to and within the outer perimeter of a lot and extending to the lot line, together with the planting and landscaping required on the land. A buffer may also contain, or be required to contain, a barrier such as a berm or wall where such additional screening is necessary to achieve the desired level of buffering between various land use activities. A buffer is not intended to be commensurate with the term "yard" or "setback."
      (2)   Buffer types. There are four types of required buffers that may occur on any given parcel, as described further in this section.
         (a)   Street buffers.
            1.   All new development with frontage on a commercial street or designated minor thoroughfare shall provide a Class A buffer as set forth in division (E)(3) of this section.
            2.   Double frontage lots abutting a collector street or residential collector street shall provide a Class A buffer along the entire rear yard frontage.
         (b)   Parking buffers. Parking buffer requirements are set forth in Part 1 of this section.
         (c)   Compatibility buffers. Perimeter compatibility is required along the boundaries of all incompatible zoning districts or existing uses, whichever is more restrictive. If the existing use of an adjacent property is nonconforming then the required buffer shall be determined by zoning district instead of existing use. Table 4-5 shall be used to determine the required buffer classification between adjacent districts.
   TABLE 4-5 COMPATIBILITY BUFFER REQUIREMENTS
Subject Property District
Adjacent Property District
R-E
R- 10
R-8
R-6
O-R
O-I
B-1
B-2
B-3
I-1
I-2
PF
Subject Property District
Adjacent Property District
R-E
R- 10
R-8
R-6
O-R
O-I
B-1
B-2
B-3
I-1
I-2
PF
R-E
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
R-10
A
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
R-8
B
A
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
R-6
B
A
A
- -
- -
- -
- -
- -
- -
- -
- -
- -
O-R
B
A
A
A
- -
- -
- -
- -
- -
- -
- -
- -
O-I
B
B
B
B
A
- -
- -
- -
- -
- -
- -
- -
B-1
B
B
B
B
B
B
- -
B
- -
- -
- -
- -
B-2
B
B
B
B
B
B
- -
- -
- -
- -
- -
- -
B-3
C
C
C
C
C
B
B
B
- -
- -
- -
B
I-1
C
C
C
C
C
C
C
C
B
- -
- -
B
I-2
C
C
C
C
C
C
C
C
B
- -
- -
B
PF1
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
- -
 
   1   Where a use in a PF zoning district is generally found only in Industrial or Commercial districts, the use shall be buffered according to the more intensive buffer requirement found in that district.
         (d)   Project boundary buffers. Project boundary buffers are established to mitigate the effect of specific types of development on adjacent properties. Where project boundaries coincide with district boundaries the following project boundary buffers shall apply.
            1.   Open space residential subdivision. A Class C buffer is required along all project boundaries of an open space subdivision (see § 155.203(H)(8)).
            2.    Conditional Zoning Districts.
               a.   A Class C buffer is required along all project boundaries of a Conditional Zoning District.
               b.   The continuous visual barrier of Class C buffers is not required for the street-side of non-residential Conditional Zoning Districts where they abut major or minor thoroughfares.
               c.   A Class B buffer may be used when a Conditional Zoning District - Commercial (CZ-C) abuts a non-residential district (see § 155.203(L)).
            3.   Manufactured home park. A Class C buffer is required along all project boundaries of a manufactured home park (see § 155.301(G)(4)).
            3.   Manufactured home park. A Class C buffer is required along all project boundaries of a manufactured home park (see § 155.301(G)(4)).
      (3)   Buffer classification. Figure 4-1 establishes the specific width and plant material for each buffer classification. The applicant may choose any alternative (1, 2, or 3) in the respective buffer classification. Buffers planted below overhead utility lines shall apply any of the allowed buffer alternatives, except that understory trees shall replace any canopy trees at a rate of two understory trees per required canopy tree.
 
FIGURE 4-1 LANDSCAPE BUFFERS
      (4)   Location of buffer.
         (a)   Buffers shall be located along the outer perimeter of a lot or parcel, parallel to and extending to the lot or parcel boundary line. Buffers shall not be located on any portion of an existing, dedicated or reserved public or private street or right-of-way.
         (b)   Except as provided below, the required buffer shall be provided along the entire frontage abutting the existing, dedicated or reserved public or private street or right-of-way, district boundary, or project boundary, as applicable.
         (c)   A buffer may be interrupted in order to provide access (pedestrian or vehicular) to adjacent parcels or public right-of-way.
      (5)   Plant and structure location within buffers. The placement of required plants and structures shall be the decision of the applicant, except that the following requirements shall be satisfied:
         (a)   Plant materials shall be located so as to achieve the maximum level of protection. Plant material shall meet the buffer requirements every 100 feet.
         (b)   Canopy trees shall be located no closer than five feet from any structure. Understory trees shall be planted no closer than three feet from any structure.
         (c)   Buffer areas not retained in native habitat shall be seeded or sodded with lawn, established with ground cover, or mulched with organic mulch. No turf grass shall be planted under the drip line of trees. Inorganic ground cover shall not exceed 20% of the total required area of the buffer.
      (6)   Planting in easements.
         (a)   Buffers may not be planted in wet retention ponds or drainage easements.
         (b)   Trees and shrubs shall be installed no closer than five feet to the flow line of a swale.
         (c)   Existing trees may remain in dry retention ponds provided that the natural grade is undisturbed to the tree line, the species that are planted are adapted to seasonal flooding and the pond is adequately maintained.
         (d)   Trees may be planted within the boundaries of utility easements with Public Works Director approval, provided the root structure of the proposed tree is not anticipated
to extend more than three feet below the ground. Shrubs may be planted, provided they are only within the outer three feet of the easement. Where such trees and shrubs are planted, the property owner shall be responsible for replacement of such required vegetation if maintenance or other utility requirements require their temporary removal.
         (e)   A minimum buffer width of five feet or at least half the minimum required buffer width, whichever is greater, shall be provided outside of any required easements. The majority of buffer plantings and all structures shall be located outside the easements.
      (7)   Permitted structures in buffer areas.
         (a)   Walls. Where walls are placed within a required buffer area, they shall meet the following requirements:
            1.   Walls shall have a minimum height of three feet and a maximum height of six feet. Additional height may be approved by the Planning Director after taking into account site topography, existing and proposed vegetative screening, setbacks, or unique site conditions, such that an overall six foot visual barrier is achieved.
            2.   Walls shall be constructed of one or a combination of the following materials: stucco over concrete block, brick, stone, split-faced block or glass block in a structurally safe and attractive condition. No walls of exposed concrete block are permitted, whether painted or not.
            3.   No wall shall be located within any required drainage, utility or similar easement.
            4.   The applicant shall be required to demonstrate provision for access and maintenance of landscaping and the wall structure at the time of landscape plan approval.
            5.   Breaks in the wall may be provided for pedestrian connections to adjacent developments.
         (b)   Berms.
            1.   Berms shall have a minimum average height of 30 inches with side slopes not steeper than three feet horizontal for each one foot vertical.
            2.   Slopes steeper than three feet horizontal for each one floor vertical may be permitted if sufficient erosion control methods are taken and deemed by the Town Engineer to be maintainable.
         (c)   Fences.
            1.   Fences may be constructed in a required buffer.
            2.   Fences shall have a minimum height of three feet and a maximum height of six feet. Additional height may be approved by the Planning Director after taking into account elements including, but not limited to, site topography existing and proposed vegetative screening, setbacks, or unique site conditions, such that the maximum six foot height performance criteria is achieved.
            3.   Fences are subject to the requirements set forth in § 155.402(G)(6) below.
            4.   Breaks in the fence may be provided for pedestrian connections to adjacent developments.
            5.   Fences shall be maintained in a structurally safe and attractive condition and with finished faces and required plantings located towards the adjacent property.
            6.   Any fence constructed in a buffer shall be capable of withstanding a 30 pound per square foot horizontal wind load from any direction.
      (8)   Permitted use of buffer area. A buffer area shall not be used for any principal building or use, accessory building or use, vehicle use area or storage area except as specifically permitted below.
         (a)   A buffer may be used for passive recreation and picnic facilities; and it may contain pedestrian or bike trails, provided that:
            1.   Trails may be incorporated provided that adequate width (minimum 15 feet) is added to the required buffer width to accommodate both the trail and the required buffer plantings. Buffers with trails may also count toward the provision of recreation and open space for the development.
            2.   Existing plant material other than nuisance exotics, shall be preserved to the greatest extent possible; and
            3.   All other requirements of this section shall be met.
         (b)   Other appurtenances which require high visibility and easy access, such as fire hydrants, mail boxes and bus shelters or benches, are also permitted in a buffer. No screening of such appurtenances shall be required.
         (c)   A buffer is encouraged to retain areas of native habitat and may incorporate water resources including stormwater detention or retention facilities. However a minimum 10-foot contiguous width of the buffer shall be preserved as a planting area without stormwater facilities.
      (9)   Ownership of buffers. Buffers may remain in the ownership of the original applicant; they may be subjected to deed restrictions and subsequently be freely conveyed; or they may be transferred to any consenting grantees, such as the Town, a land conservancy or land trust, or homeowners association. Any such conveyance shall adequately guarantee the protection and maintenance of the buffer in perpetuity and in accordance with the provisions of this section.
      (10)   Alternative compliance.
         (a)   Buffer requirements may be modified by the Planning Director and Town Enginer upon finding that a modification would be consistent with the standards and purpose of this chapter, this section and the adopted plans and policies of the Town; that such modification would not adversely affect the land use compatibility or public interest; and that the subject parcel or modified buffer complies with one or more of the following criteria:
            1.   The buffer is parallel and adjacent to an existing utility or drainage easement of at least 100 feet in width;
            2.   The buffer is between uses that are to be developed under a common development plan or series of development plans;
            3.   The buffer is adjacent to a property that has a joint use agreement with the subject parcel under;
            4.   The buffer is parallel and adjacent to an existing railroad right-of- way; or
            5.   The topography of the parcel is such that buffering would not be effective.
         (b)   Financial hardship due to meeting the requirements of this section shall not be sufficient justification for alternative compliance.
PART 3. STREET YARD TREES
   (F)   Street yard trees.
      (1)   Street yard trees shall be required along all rights of way at the rate of one canopy tree per lot or one canopy tree for every 40 linear feet (spaced a maximum of 50 feet apart).
      (2)   All street yard trees shall be a minimum of two and one-half caliper inches at time of planting and shall be planted no less than five feet or more than 15 feet from the back ofthe sidewalk.
      (3)   Credit shall be given for any existing tree with a minimum dbh of six inches that is preserved within the planting strip at rate of one preserved tree for two required street yard trees.
      (4)   Double frontage lots abutting a collector street or residential collector street shall provide a Class A buffer along the entire rear yard frontage.
PART 4. SCREENING
   (G)   Screening.
      (1)   Drive-thru facilities. Drive-thru windows and lanes shall be designed to adhere to the following standards:
         (a)   Drive-thru windows and lanes placed between the right-of-way and the associated building shall require landscape plantings installed and maintained along the entire length of the drive-thru lane, located between the drive-thru lane and the adjacent right-of-way.
         (b)   Such screening shall be a compact evergreen hedge or other type of dense foliage. At the time of installation, such screening shall be at least 36 inches in height and be maintained at a minimum height of 48 inches within two years of planting.
         (c)   Drive-thru windows are not permitted on the side of a building adjacent to any residential district.
      (2)   Service areas.
         (a)   Trash collection, trash compaction, recycling collection and other similar service areas shall be located on the side or rear of the building and shall be effectively screened from view from adjacent properties or public rights-of-way.
         (b)   Screening material shall be promptly repaired if damaged in a manner that reduces the screening function.
         (c)   Service areas shall be fully enclosed by opaque walls, gates, and/or fences at least eight feet high but no taller than ten feet high, and shall be constructed of consistent materials and colors to those used on the primary building.
         (d)   Masonry walls may incorporate louvers or similar features, provided the screening function is maintained.
         (e)   All gates shall be comprised of a complimentary material and be opaque, excluding gaps for mounting hardware, latches, and hinges.
         (f)   Support columns may exceed the maximum height as necessary for wall construction.
         (g)   All service areas are limited to the area shown on an approved site plan.
      (3)   Loading areas. Loading areas shall be subject to the following screening requirements:
         (a)   A 100% year-round screen of all loading areas visible from residential properties or public rights-of-way is required.
         (b)   Screening shall consist of berms, walls, fences, plant material or combination thereof totaling eight feet in height at installation or completion of construction. Wall or fence materials shall be compatible with the primary structure.
         (c)   Loading docks not in an I-1 or I-2 District shall be located at the side or rear of buildings, and may not encroach into the building setback.
      (4)   Mechanical equipment.
         (a)   All roof, ground and wall mounted mechanical equipment including, but not limited to air handling equipment, vents, compressors, duct work, transformers and elevator equipment shall be screened from view.
         (b)   Roof-mounted mechanical equipment shall be shielded from view on all sides. Screening shall consist of materials consistent with the primary building materials, and may include metal screening or louvers which are painted to blend with the primary structure.
         (c)   Wall or ground-mounted equipment screening shall be constructed of:
            1.   Planting screens;
            2.   Brick, stone, reinforced concrete, or other similar masonry materials; or
            3.   Redwood, cedar, preservative pressure treated wood, or other similar materials.
      (5)   Utilities. Above-ground utilities and appurtenances to underground utilities which require aboveground installation shall be screened by a continuous planting of shrubs, with a minimum mature height equal to that of the utility structure. Required access to these utilities is exempt from the screening provisions.
      (6)   Fencing and walls.
         (a)   A fence or wall not more than six feet in height may be installed along any side and rear lot line.
         (b)   A fence or wall in any required front yard shall not exceed four feet in height. Fences and walls shall be constructed of high-quality materials, such as decorative blocks, brick, stone, treated wood, wrought iron and black vinyl coated chain link fence. Black vinyl coated chain link fence is permitted subject to the following additional requirements:
            1.   Residential uses. Black vinyl coated chain link fencing is permitted for individual lots from the front façade of the house in the side and/or rear. It may not be used forward of the front façade. It may be used be used along a side street or between the house and the side property line if screened from view by landscape materials maintained at the same height as the fence or higher. Shrubs shall be at least 30 inches in height at planting. Chain link fencing is not permitted for use by a developer for buffering and screening. Black vinyl coated fencing may be used for recreational uses including, but not limited to parks, playgrounds, swimming pools, tennis courts and basketball courts.
            2.   Non-residential uses. Black vinyl coated chain link fencing is permitted for the accessory enclosures of day care facilities, kennels or veterinary clinics. Black vinyl coated chain link fencing is permitted for industrial uses. Vinyl coating is not required for fences when not visible from adjacent property or right-of-way.
            3.   Public utilities. Black vinyl coated chain link fencing is permitted for public utility purposes. Vinyl coating is not required for industrial fences when it is not visible from adjacent property or right-of-way. The use of black coated vinyl chain link fencing for uses not listed above is permitted if the use of such material is consistent with, and will not impact the aesthetic appearance of the surrounding area.
         (c)   Fences topped with razor, concertina, or barbed wire are limited to properties designated for industrial or utility use.
         (d)   Breaks in the fence or wall may be provided for pedestrian connections to adjacent developments.
         (e)   The maximum length of a continuous, unbroken and uninterrupted fence or wall plane shall be 100 feet. Breaks shall be provided through the use of columns, landscaped areas, transparent sections and a change in material.
PART 5. GENERAL LANDSCAPING, SCREENING AND BUFFERING PROVISIONS
   (H)   General provisions.
      (1)   Design, installation and establishment.
         (a)   Plant material.
            1.   Except as otherwise specified in this article, landscaping materials shall conform to the following minimum specifications:
               a.   Canopy trees shall have a 2.5 inch caliper and be eight feet tall following installation.
               b.   Understory trees shall have a 2.0 inch caliper and be six feet tall following installation.
               c.   Shrubs not used for screening shall be a minimum height of 12 inches following installation.
               d.   Shrubs explicitly used for screening shall be a minimum height of 24 inches following installation.
            2.   Plant material shall be chosen from the lists of recommended plant species contained in the Clayton General Design Guidelines. Plant materials that vary from this list may be used provided they meet the general size requirements and growth habits of the existing list of recommended plant species.
            3.   Selected plants should be predominantly hardy species that are native to North Carolina.
         (b)   Cold hardy and drought tolerant plants. Plantings shall be cold hardy for the specific location where they are to be planted. Trees and shrubs shall be salt tolerant and drought tolerant and able to survive on natural rainfall once established with no loss of health.
         (c)   Soils. Planting areas shall have uncompacted coarse loam that is a minimum of 12 inches deep. Soils shall be appreciably free of gravel, stones, rubble or trash. All compacted soil, contaminated soil or road base fill shall be removed.
         (d)   Issuance of certificate of occupancy. The Code Enforcement Officer may not issue a permanent certificate of occupancy for an approved site plan or part thereof, until all seeding, trees, and plant material have been placed in accordance with the approved site plan and requirements of this section. A temporary certificate of occupancy may be issued for a period of 30 days under circumstances that would affect the seeding and planting of the site, or until the proper planting season is reached to complete the landscaping requirements, and may be extended up to 90 days upon request to the Code Enforcement Officer.
      (2)   Requirements for maintaining planted areas.
         (a)   Responsibility. The responsibility for maintenance of a planted area shall remain with the owner, his or her successors, heirs, assignees or any consenting grantee. Maintenance is required in order to ensure the proper functioning of a planted area.
         (b)   Maintenance.
            1.   All plantings shall be maintained in an attractive and healthy condition. Maintenance shall include, but not be limited to, watering, mulching, fertilizing and pest management, mowing, weeding, removal of litter and dead plant material, and necessary pruning and trimming.
            2.   Necessary pruning and trimming shall be in accordance with the American National Standards for Tree Care Operations: Tree Shrub and Other Woody Plant Maintenance - Standards Practices (Pruning), and shall not be interpreted to include topping of trees through removal of crown material or the central leader, or any other similarly severe procedures such as lollipopping or meatballing that cause irreparable harm to the natural form of the tree, except where such procedures are necessary to maintain public overhead utilities. Any such activity shall be a violation of this chapter. Additional plant material shall be required to replace or supplement the damaged plant material.
            3.   Dead or diseased plantings shall be removed. Replacement plantings shall be provided for any required plants which die or are removed for any reason and shall meet all minimum standards and conform to these regulations.
            4.   Natural water courses shall be maintained in a natural condition.
            5.   A water source shall be supplied within 50 feet of any planting requiring continuing watering. Where non-native or non-drought tolerant native vegetation is incorporated an irrigation system shall be required. Irrigation systems shall meet the standards of the Town.
            6.   Landscape structural features such as walls, fences, berms or water features shall be maintained in a structurally safe and attractive condition.
            7.   Where other uses, including pedestrian, bike or other trails these uses shall be maintained to provide for their safe use.
         (c)   Failure to maintain. In the event that any owner of a planted area fails to maintain the planted area according to the standards of this section, the Town shall have the right to recover the cost of enforcement, including reasonable attorney fees. The Town may also, following a notice of violation and a demand that deficiency of maintenance be corrected, enter the planted area to take maintenance action. The cost of such maintenance shall be charged to the party having the primary responsibility for maintenance of the planted area.
      (3)   Credit for existing plant material.
         (a)   With the exception of street yard tree credit, credit for existing plant material shall be allocated on a one-for-one basis for canopy trees, understory trees or shrubs. The size of material shall not be taken into account, except where such material is below the required minimum planting size.
         (b)   Required planting areas shall incorporate existing natural vegetation to the maximum extent feasible. Prior to disturbance of a required planting area approval shall be obtained from the Town. Where existing vegetation is inadequate to meet the required planting standards, additional plant material shall be required.
         (c)   The retention of existing vegetation shall be maximized within proposed planting areas. Existing native habitat or vegetation located within planting area that meets the requirements of this section may be counted, provided such plant material meets the minimum standards of this section. If the existing vegetation has been credited and is subsequently removed or dies, it shall be replaced with the appropriate planting material.
         (d)   Credit may be permitted for existing plant material and walls on adjacent property, provided such items are in a permanently protected area, including, but not limited to:
            1.   A conservation easement or preserve area on adjacent property; or
            2.   An existing utility or drainage easement exceeding 100 feet in width.
      (4)   Tree protection during construction. Existing trees specified on the landscape plan to remain on the site as a function of fulfilling the purpose of this section shall be protected from vehicular movement and material storage over their root spaces during the following construction. An undisturbed area with a porous surface shall be reserved around a tree, based on dbh of the tree as provided in Table 4-7, and with no protective distance less than four feet from the base of the tree.
   TABLE 4-7 TREE PROTECTION
 
Trunk Diameter dbh
Area Required
4-10 inches
80 sq. ft.
11-16 inches
180 sq. ft.
17-20 inches
320 sq. ft.
21 inches plus
340 sq. ft.
 
(Ord. 2005-11-02, passed 11-21-05; Am. Ord. 2007-04-05, passed 4-2-07; Am. Ord. 2012-01-04, passed 1-3-12; Am. Ord. 2013-06-01, passed 6-3-13; Am. Ord. 2013-08-02, passed 8-5-13; Am. Ord. 2014-06-10, passed 6-16-14; Am. Ord. 2015-06-02, passed 6-1-15; Am. Ord. 2016-04-04, passed 4-4- 16; Am. Ord. 2021-02-02, passed 2-15-21; Am. Ord. 2023-02-01, passed 2-20-23; Am. Ord. 2023-09-01, passed 9-5-23)