7.1.   Landscaping and tree protection.
   A.   Purpose and intent. The purpose of this section is to regulate the planting and preservation of landscape material, to promote the general health, safety and welfare of the community and in addition, to facilitate the creation of an attractive environment to protect property values and to further the urban design and economic objectives of the Town-wide Comprehensive Growth Plan. This section is intended to apply minimum standards, which result in a better overall appearance of the community by:
      1.   Achieving a harmonious relationship between the natural landscape and manmade ;
      2.   Enhancing the community's natural, cultural and visual resources.
      3.   Achieving the goals and policies of the officially adopted Comprehensive Growth Plan currently in force.
   B.   Applicability. The provisions of this section and the Town of Garner Planting Manual contained in Appendix E shall apply to all public and private land located within the Town of Garner.
      1.   New . The requirements of this section apply to the entire site for all new .
      2.   Expansion of . Where is expanded as described below, the requirements of this section shall apply to the entire site:
         a.   Residential district or exclusive residential in any district. Any increase in the of the , developed area or site of 20 percent or more, or 1,000 square feet, whichever is less.
         b.   Commercial district or . Any increase in the of the , developed area or site by ten percent or more, or 1,000 square feet, whichever is less.
         c.   Industrial district or . Any increase in the of the , developed area, or site by 20 percent or more, or 5,000 square feet, whichever is less.
      3.   Exemptions to the landscape/maintenance requirements.
         a.   Improvements or repairs to the interior or exterior of or that do not result in an expansion or change in shall be exempt from the landscape planting requirements, but not the maintenance requirements.
         b.   A single detached dwelling on its own shall be exempt from landscape planting and maintenance requirements.
   C.   Landscape plans.
   Commentary: Landscape plans should be prepared with the appropriate mix of plant varieties and quantities necessary to meet the requirements of Section 7.1 of the UDO. In cases where overhead power or utility lines exist, selected landscape material located underneath said lines must be the appropriate plant type so as not to create future conflicts. Information regarding the types of trees and shrubs that can be planted near power or utility lines can be obtained from the Garner Planning Department.
   A registered landscape architect shall prepare landscape plans, except where expressly exempted by the . The landscape treatment shall adequately detail the requirements of this section; planting, landscape and treatments required by the Town of Garner Planting Manual contained in Appendix E; and all other applicable sections of this UDO.
      1.   Required planting components.
         a.   There are four required planting components that may need to be addressed for any site subject to this section, as follows:
            (1)   Tree canopy cover;
            (2)   Tree preservation (if required);
            (3)    , yards, and ; and
            (4)   Screening of objectionable views.
         b.   These subsections address the minimum planting requirements for plan submittals.
      2.   Landscape plan required. Landscape plans shall include the following.
         a.   Any natural features that influence the site's design.
         b.   Elements of required landscaping including , tree cover, yards, side and , open space, greenways, site distance triangles and easements.
         c.   Proposed plant schedule to include plant types, botanical and common name, spacing, quantities, sizes (height and spread and container size) and quantities. Tree cover calculations adequate in detail to determine compliance with these standards.
         d.   Proposed drives, paving, decks, walks, pools and other man-made /elements which are to be introduced within the property.
         e.   Proposed grades on landscape plan shall be half-toned on the print so as not to conflict with the legibility of the planting scheme and labels.
         f.    notes/details relating to hardscape elements, specific material and planting procedures, and seeding schedules.
         g.   A plant points table that indicates the calculation of required and proposed landscape plantings for the , detailing the of the existing plant material, and the new plantings that are to be applied toward the required , yards and .
         h.   Show calculations for tree canopy cover requirements.
         i.   If underground irrigation is to be used, all double check or RPZ valves and controllers shall be located on the landscape plans submitted and shall be screened from view from adjacent right-of- way.
         j.   Sight line drawings may be required by the for that proposes inappropriate building scale, materials or architecture or has a substantial grade difference or proposes insufficient screening treatments.
   D.   Plant material installation requirements. Plant material requirements are based on square footage area of the four required planting components, and may be based on sight line drawings. Credits are based on the size and height of existing or proposed material. Refer to the credit for retaining mature trees chart and the plant points table below. Also refer to the residential and non-residential cover requirements in Sections I.2.c. and d.; the perimeter and charts in Sections K.6 and Sections K.8 and Sections L.2.c, L.3.b, and L.4.b.
      1.   Conditions.
         a.   All plant material installed must meet standards set by American Association of Nurserymen, Inc., "Standards for Nursery Stock".
         b.   The minimum number of plants required, regardless of area calculations, is three trees and 20 shrubs.
         c.   A minimum of ten percent of the required landscape installation based on the total plant points for the entire site shall be installed next to the .
         d.   For large-scale a minimum of 25 percent of the area of the front wall and of the shall be screened with large trees planted within 25 feet of the .
      2.   Credit for retaining mature trees. In order to promote the retention of existing mature trees, the following schedule provides more credits for existing mature trees with diameter at breast height () sizes as noted than are awarded in the plant points table for installed trees with smaller trunks. Qualification requires that the trees be in good health and of good quality, as determined by a landscape architect licensed in NC or a certified arborist.
 
Points
Small Hardwoods
Large Hardwoods
Softwoods
40
2½ to 4 inches
6 to 9 inches
8 to 11 inches
50
5 to 8 inches
10 to 17 inches
12 to 17 inches
64
9 to 11 inches
18 to 24 inches
18 to 29 inches
96
12 inches or larger
24 inches or larger
30 inches or larger
 
      3.   Plant points table.
Plant Type
Height 
(feet)
Size Root/  Container 1
  (inches)
Points
Plant Type
Height 
(feet)
Size Root/  Container 1
  (inches)
Points
Large Canopy Tree  (minimum 35 feet at maturity)
14
B&B
3 to 9
40
12
B&B
2.5
32
10
B&B
2
25
9
B&B
1.5
15
8
B&B
1.25
8
Small Canopy Tree  (less than 35 feet at maturity)
9
B&B
1.5
32
8
B&B
1.25
25
6
B&B
1
15
5
B&B
0.75
8
Shrubs
8
B&B
15
6
15 gallon/B&B
12
4
10 gallon
10
3
7 gallon
8
2
5 gallon
6
18
3 gallon
3
< 18
or 1 gallon
1
         1  "Balled & Burlapped"
 
   E.   Protection of planting areas. Planting areas shall be permanently protected from damage by vehicular traffic through the of curbing and or wheel stops. Wheel stops shall be used in parking areas where:
      1.   Curbing has not been used or is less than six inches in height.
      2.   Proposed new trees and shrubs are planted within five feet from adjacent curbing or edge of paving.
   F.   Completion of work/letters of credit.
      1.   A certificate of occupancy shall be issued only when all plantings have been installed and all the work shown on the approved landscape plan has been completed. Substantial changes in plantings which have changed the intent of the approved plans and changed the credit totals used to meet the ordinance requirements shall be reviewed by the Town staff for compliance prior to the issuance of the certificate of occupancy.
      2.   An irrevocable letter of credit or bond for 125 percent of the cost of landscaping and uncompleted work, as determined by the executed contract, will be accepted in lieu of installation where periods of adverse planting conditions prohibit the installation of the work or where the certificate of occupancy is required prior to the completion of the landscaping.
   G.   Tree preservation/protection.
      1.   Purpose and intent. The purpose of this section to promote the preservation and protection of existing tree coverage on a site. Existing trees enhance and improve overall land values and aesthetics, contribute to the production of oxygen, reduction of carbon dioxide and water runoff while at the same time reducing the overall urban heat buildup and soil erosion.
      2.   Exemptions for timbering and silviculture. Normal forestry activities on property taxed under present- value standard or conducted pursuant to a forestry management plan, prepared and approved by a forester registered according to G.S. § 89B are exempt from tree preservation requirements.
         a.   No forestry activities may take place on property until the property owner or his representative has obtained a forestry permit from the Town of Garner Planning Department. Failure to obtain a permit shall subject the owner to a fine not to exceed $500.00. Each day the violation continues shall be considered a new violation, subject to a new penalty.
         b.   Forestry activities are strongly encouraged to exclude all tree harvesting and thereby preserving all trees within following perimeter areas:
            (1)   Fifty-five-foot wide located along roadways or located adjoining developed properties; and
            (2)   Thirty-foot wide located adjoining undeveloped properties.
         c.   In cases where all trees or substantially all trees are removed from the above referenced perimeter , the Town will not grant site plan or plan approval for said property for a period of five years following the harvest of such trees. The five-year waiting period may be waived if the Town Council, by a three-quarters vote, determines a to be desirable and grants the right to immediate on recently timbered land where no perimeter was kept.
      3.   Significant or specimen tree protection requirements.Rare species listed under the North Carolina Natural Heritage Program shall be saved. Such trees shall be required to be saved unless the BOA concludes such trees do not significantly contribute to the Town's appearance and natural environment, and where retaining such trees unreasonably burdens development, as described below.
 
Tree Type
Tree Size
Overstory Hardwood Tree
24" or greater
Evergreen Tree
30" or greater
Understory Tree
10" or greater
         a.   When is unreasonably burdened by retaining such trees, the following criteria is used to prioritize trees to be saved based on the following criteria.
            (1)   Rareness of species;
            (2)   Evidence of disease/insects;
            (3)   Size and age of tree;
            (4)   Aesthetic value (i.e. flower, fruit, color, etc.);
            (5)   Expected longevity of species;
            (6)   Size at maturity; and
            (7)   Severity of slope.
   H.   Stop work orders and violations/penalties. See Article 10, Enforcement.
   I.   Tree canopy cover.
      1.   Purpose and intent. The objective of tree canopy cover standards is to preserve and maintain appropriate undisturbed tree cover, and where needed, require the provision of replacement tree cover on sites within the Town of Garner zoning jurisdiction. Such standards support the reduction of soil erosion, air pollution, runoff and noise; moderate temperatures; and protect plant and wildlife habitat, which together assist in providing a healthier living environment for the citizens of the Town.
      2.   Tree cover requirements.
         a.   All new must meet the tree cover requirements outlined in the tables below. These standards can be achieved by preserving existing trees on the site, or by planting replacement trees. Trees in required yards and easements, and may be credited towards the tree cover requirements. Preference is given to preserving existing trees, rather than preservation and planting, or exclusive planting, and this preference is reflected in the standards of the table.
         b.   Water surface areas of ponds, lakes or other surface water bodies (excluding control ) shall be excluded from the total land area for the purposes of calculating tree cover requirements.
         c.   Tree residential cover requirements.
 
Preserved Tree  Cover Area
Replacement Tree  Cover Area
Minimum Total  Tree Cover Area
12%
Plus 0% equals
12%
8.5%
Plus 4% equals
12.5%
5%
Plus 8% equals
13%
1.5%
Plus 12% equals
13.5%
0%
Plus 14% equals
14%
 
         d.   Non-residential cover requirements.
 
Preserved Tree  Cover Area
Replacement Tree  Cover Area
Minimum Total  Tree Cover Area
10%
Plus 0% equals
10%
7.5%
Plus 3% equals
10.5%
5%
Plus 6% equals
11%
2.5%
Plus 9% equals
11.5%
0%
Plus 12% equals
12%
         e.   Areas required to be undisturbed by other requirements of the Garner UDO shall be presumed to meet requirements of this section, provided applicable standards are met.
         f.   All preliminary major plans, site plans, final and other types of plans or permits as determined by the shall clearly indicate all tree preservation and tree replacement areas.
         g.   Existing tree cover areas in new are strongly encouraged to be located in common open space areas or protected , where possible. Where this is not practical, perimeter areas or conservation easement areas may be increased, provided the root zone of such trees can be protected during .
      3.   Tree cover preservation area requirements. Trees proposed to be preserved to meet the tree cover requirements above must also meet the following requirements for tree cover preservation areas.
         a.   Preservation of groups of trees must occur in areas of at least 1,000 square feet on sites greater than one acre with no dimension less than 15 feet. For sites of one acre or less, preservation areas for groups of trees shall be a minimum of 500 square feet in area with no dimension less than 15 feet.
         b.   Individual tree cover preservation area is defined by its root zone protection area, and must be minimum size of 200 square feet, even where the root zone protection area is smaller than this size. Where specimen trees are preserved outside of other required , credit shall be granted at a rate of two times the square footage of the root zone protection area.
         c.   In order to receive credit as tree cover, the minimum size for trees in a tree preservation area shall be two and one-half-inch (except where such trees are specimen trees).
         d.   In cases where there is uncertainty regarding the size and quality of trees proposed for preservation, the shall have the authority to require submittal of a limited tree survey to substantiate that such areas meet the minimum standards.
      4.   Replacement tree cover requirements.
         a.   Replacement trees are required to meet the standards listed in the table below.
         b.   At least 50 percent of the replacement trees shall be two and one- half-inch or larger.
         c.   At least 50 percent of the replacement trees must be large hardwoods native to this region.
         d.   A variance is required to approve replacement trees of different sizes or species when it determines that some flexibility is needed to better meet the purpose and intent of these regulations. For every one-half-inch above what is listed below a credit of 25 square feet may be allowed (i.e. three-inch tree may receive a credit of 225 square feet).
 
(inches)
Credit (square feet)
200
2
175
150
1
100
Less than 1
No credit
 
      5.   Protection subsequent to plan approval.
         a.   Fencing. During the entire period of activity on the site, all protected trees shall be surrounded and protected by an orange Tensar geogrid fencing fabric or approved equal fencing. Tree protection fencing shall be installed a minimum of ten feet from the trunk of any protected tree or drip line, whichever is greater. For any tree greater than ten inches , this distance shall be increased one foot for every one inch in . Tree protection fencing shall be maintained until a final certificate of occupancy has been issued, unless expressly exempted by the . One shall be placed every 200 feet along fencing to read:
 
"TREE PROTECTION AREA—DO NOT ENTER/ 
PARA PROTECCION DE LOS ARBOLES—PROHIBIDO ENTRAR"
      6.   Soil disturbance. Subsequent to plan approval and during the entire period of , there shall be no soil disturbance or compaction within areas designated for tree preservation and protection, and areas protected by tree protection fencing. This includes no stockpiling of or other material, and no bore sampling or other similar vehicular traffic. Failure to comply with this prohibition shall subject the owner to a fine in accordance with Section 10.3.
      7.   Tree survey.
         Commentary: Tree surveys are not mandatory, but may be required if landscape credit is requested for existing trees proposed for preservation when the location and size of said trees cannot easily be determined by the Planning Department.
      A tree survey when required by the shall include:
         a.   General significant area outline of existing trees to be saved and any individual trees meeting minimum requirements with species (abbreviated) and next to each location;
         b.   Any trees meeting the standards in paragraph G.3., above; and
         c.   Any existing tree eight inches or greater within the first 15 feet of the portion of the closest to the subject .
         d.   Specimen trees located within the following areas are not required to be surveyed:
            (1)    ;
            (2)    fringe;
            (3)   Preserved wetlands;
            (4)    ; and
            (5)   Undisturbed steep slopes.
      8.   Tree preservation incentives.
         a.   The shall approve up to a 15-percent reduction in the required number of if at least one significant tree for every three is saved outside of the required and .
         b.   Trees and shrubs retained on-site may be used to meet landscape requirements if the trees and shrubs meet the standards of the or yard to which they are being applied.
         c.   Undisturbed areas may be counted towards nitrogen reduction requirements.
   J.   Xeriscape landscape design and planting.
      1.   Purpose and intent. Xeriscaping is a landscaping method that maximizes the conservation of water by the of site appropriate plant material, adequate soil preparation, proper maintenance practices and efficient irrigation that conserves water and protects the environment. Implementing the seven principles of xeriscaping below reduces the of fertilizers and chemicals, and can reduce water consumption and improve plant vigor.
      2.   Reduction in width for xeriscaping. Where the applicant demonstrates that all seven of the xeriscaping principles in the paragraph below have been satisfied, a reduction of up to ten percent of a required perimeter width shall be allowed.
      3.   Seven principles of xeriscaping.
         a.   Planning and design. Analyze the site to take advantage of the existing conditions (i.e. solar orientation, existing vegetation etc.) that can facilitate the conservation of utility and water usage and over all maintenance costs to a site, locate and develop areas to accommodate specific activities, identify zones of varying water requirements.
         b.   Soil analysis and preparation. Typical site soils lack desirable soil and available water or nutrients. Xeriscape methods encourage plants to develop deep root growth so that plants have access to moisture after soils dry out. This is accomplished by breaking up soil compaction and adding organic matter to keep soils porous, as well as chemically improving soils with nutrient additives. Both physical and chemical improvements are needed for deep root growth. A successful xeriscape plan includes soil test results of each water requirement zone with recommendations on correcting deficiencies in soil pH, nutrients, and amendments. If soil test is not available the following soil improvements may be used as substitute:
            (1)   Till the soil to a depth of six inches to break up compaction; and
            (2)   Incorporate topsoil, add four inches of shredded or composted organic matter, lime 9, and a balanced fertilizer to the top two to four inches of soil.
         c.   Appropriate plant selection. When deciding on plant material, it is important to select material that is not only compatible with the design but also well suited to the site, adaptable to the local environment, and grouped according to water needs.
         d.   Practical turf areas. To reduce maintenance and utility costs, it is important to design turf areas that are specific to a (i.e. accent area in front of a doorway, entertainment zone, or play area for children) and reduce or eliminate other areas of turf grass.
         e.   Efficient irrigation. Zone the different plant materials by water requirements and provide the type of irrigation appropriate to the zone. Irrigate between the hours of 9:00 p.m. and 9:00 a.m. so as to decrease water loss due to evaporation. Use drip irrigation in beds that are mulched or on steep slopes to thoroughly soak the area without washing away the mulch or causing run-off. Wet the soil to a depth of six to eight inches to encourage deep root growth. Simply sprinkling mulched areas lightly can induce shallow root growth; shallow-rooted plants suffer in dry periods. If necessary, split water applications into two time blocks to allow the soil to absorb the water.
         f.   Mulching. Use two to four inches of fine-textured organic mulches (wood chips, composted leaves, shredded bark, pine straw) to conserve moisture and reduce the need for supplemental water. Do not use inorganic mulches, such as gravel, which accelerates water loss from plants and soil by absorbing and reradiating heat from the sun. Do not use plastic as a soil cover as it prevents oxygen exchange and encourages shallow root growth.
         g.   Appropriate maintenance. Maintain xeriscape planting by fertilizing less during dry periods so as not to dehydrate roots, prune lightly especially during dry periods to avoid production of new growth when water is scarce, test the soil pH and correct for deficiencies; water thoroughly at a rate that matches soil absorption to encourage deep root growth and reduce run-off; mow turf grass often and high to encourage deep root growth and to shade the soil thereby reducing water ; regularly maintain and adjust irrigation systems for maximum efficiency; and, aerate to correct soil compaction and to reduce weeds and pests.
      4.   More information. For more information on xeriscaping, refer to the Town of Garner Planting Manual (in Appendix E) for details.
   K.   .
      1.   Purpose and intent. are required where incompatible are adjacent to or directly across the from each other. There are two types of : perimeter along side and rear lines and along lines adjacent to private or public . Perimeter perform a dual role of providing both horizontal separation and vertical screening. provide horizontal separation only. Both perimeter and shall retain all existing vegetation a minimum of four inches or greater. The potential negative effect of the incompatible of the subject property shall determine the required width. No are allowed except where specified below. Minor clearing of underbrush is allowed in order to maintain or enhance public safety. requirements may be met with supplemental planting.
 
      2.    vegetation requirements. No are permitted in containing existing trees with a minimum of four inches except as provided below. A tree survey, in accordance with [Section 7.1] I.7, Tree survey, may be required for containing significant or specimen trees that meet the requirements set forth in Subsection G.3, Significant or specimen tree protection requirements. No shall be permitted within the of any retained significant or specimen trees. When is unreasonably burdened by saving significant or specimen trees within classifications 3 through 6, the may file a application with the BOA to determine what replanting and/or screening measures shall be implemented.
         a.   Limited grading within . Limited grading within designated may be permissible according to the following limitations when grading encroachment is the only practical solution after all other reasonable alternatives have been exhausted.
 
            (1)   In cases where designated completely lack existing trees and vegetation, grading within the area is permitted.
            (2)   In all other cases, grading encroachment is allowed only in 35 feet wide or greater and is limited to a maximum of 15 percent into the side of the as illustrated by the above graphic. The length of the grading encroachment in the area is limited to a maximum of 15 percent of the total length of the affected .
            (3)   If retaining walls are used, grading shall not exceed a slope ratio of 2 1/2:1.
         b.   Existing vegetation. Existing vegetation can be used to meet all or part of the requirements of this section where such vegetation meets the minimum standard for vertical screening under the appropriate classification. Where supplemental planting is required, the shall have the authority to specify the location to account for and provide maximum screening in the event of significant grade differences between properties to which the standard applies.
         c.   Proposed vegetation. Where supplemental planting is required in , the shall have the authority to specify the location to account for and provide maximum screening in the event of significant grade differences between properties to which the standard applies. Proposed vegetation shall adhere to the following planting requirements:
            (1)   Required planting shall use a mix of deciduous , evergreen trees, deciduous understory trees/large shrubs, and small evergreen shrubs to provide vertical screening;
            (2)   Monoculture plantings are not permitted;
            (3)   The mix shall create a 100 percent screening within two years of planting.
            (4)   In calculating planting requirements, areas of and sight distance triangles shall be excluded; and
            (5)   Deciduous , small trees or large shrubs, evergreen shrubs and evergreen trees shall be distributed along the entire length of the . Due to unique characteristics of a site, or design objectives, alternative designs that achieve the required screening may be approved by the .
      3.   Site-specific conditions. At the time of site plan approval, the may require additional berming, landscaping, or screen walls to satisfy separation and screening requirements on a case-by-case basis.
         a.   If berming is used, it shall not exceed a slope ratio of 2:1 feet. The berm must be vegetated with plant material that will accomplish a height of six feet including the berm within two years of planting.
         b.   If an opaque fence or wall is to be used, the height shall be six feet with the finished side facing adjacent property or right-of-way.
      4.    and clear sight triangles. No screening or buffering shall interfere with the sight distance triangles required for safe traffic movements at or intersections.
      5.   Land classifications.
 
Class
Included
1
Single-family detached, modular single family homes, , cemeteries*, public park (passive only)
2
, (less than 12 units in ), two-family dwelling, apartments (12 units or less per acre), multiplex units, parks, , , intermediate care homes, library, museum, art gallery, art center, day care facility, continuing care facility, group care facility, handicapped institution, , nursing home, , adult care, bank, (less than 5,000 sq. ft.)
3
Apartments (13 units or greater per acre), and (more than 12 units or more in ), business schools, public or private schools, post office, medical clinic, mental health facility, public park (active only), minor utility, , public swimming pool, public tennis courts, indoor entertainment facility, theater, medical office, convenience store (without gasoline sales), office, retail sales with no outdoor operations, personal service, community ctr. (greater than 5,000 sq. ft.), gym, spa, bed and breakfast, religious institutions, agriculture, golf course/country club, private swimming pool), private indoor/outdoor tennis court, Town hall, hospice, hospitals or without operations
4
Bus passenger terminal, taxi/limousine operations or facility, trade/vocational schools, hospital, major utility, telecommunication facility, /up , horse stable, extended stay facility, hotel/motel, convenience store (with gasoline sales), open air markets, indoor veterinarian/ facility, car wash, vehicular repair, vehicular sales and rentals, limited vehicular service, commercial parking , private outdoor athletic facility, water slide, outdoor entertainment,
5
College or university, ambulance service, rescue squad, fire station, police station, , bar, tavern, night club, outdoor veterinarian/ facility, retail with outdoor operation, self service storage (inside or outside), railroad tracks
6
Military reserve, prison or jail, sexually oriented business, drive in theater, aviation service, light industrial , manufacturing/production, mining/quarry operations, warehouse or freight storage, truck terminals, reclamation , recyclable material collections, salvage yard, sanitary , , industrial (outside), vehicle towing, greenhouse, hospitals or with operations
Note: (new or expansion to existing ones) that abut an existing cemetery shall provide a minimum ten-foot wide area with landscaping to achieve a 100 percent screen up to a height of six feet. New cemeteries or expansion to existing ones must meet required landscape and requirements of this ordinance.
      6.    width charts. The following tables provide requirements for between two . To use the tables identify the appropriate classification numbers for the proposed and adjacent property or . The required width is listed at the intersection of the respective row and column.
         a.   Perimeter adjacent to developed zoning district.
Proposed   Classification
Adjacent Developed Classification  (width in feet)
Proposed   Classification
Adjacent Developed Classification  (width in feet)
1
2
3
4
5
6
1
0
15
25
25
35
45
2
25
15
15
15
25
35
3
35
25
15
15
25
25
4
45
35
25
15
15
15
5
55
45
35
25
15
15
6
65
55
45
35
25
15
 
         b.   Perimeter adjacent to undeveloped zoning district.
Proposed   Classification
Adjacent Undeveloped Zoning District 
(width in feet)
Proposed   Classification
Adjacent Undeveloped Zoning District 
(width in feet)
SF
MF
NC, NO
CR, CBD, SB
OI
I-1, I-2
1
0
15
25
25
25
35
2
15
15
15
15
15
25
3
25
15
15
15
15
25
4
25
20
15
15
15
15
5
35
25
15
15
15
15
6
45
25
15
20
20
15
         c.    across from existing and proposed . The has only a horizontal separation requirement. For screening requirements, refer to Section L.4.b, Planting requirements in vehicle surface area, and Section M., Screening of objectionable views. include land classifications across an adjacent or railroad track. Refer to overlay districts for further landscaping requirements specific to thoroughfares.
Proposed   Classification
Width  (width in feet)
Proposed   Classification
Width  (width in feet)
1
2
3 and 4
5 and 6
1
0
15
20
25
2
15
15
15
25
3
20
15
15
15
4
25
25
15
15
5
25
25
15
15
6
25
25
15
15
      7.    width reductions.
         a.   Where two adjacent properties, both in classifications 3 through 6, have planting requirements for perimeter , the subject property may be allowed a 50% reduction in the required adjacent perimeter width and planting. If the adjoining property is developed and has a continuous planting of existing, mature evergreen shrubs along the entire length of the adjacent side property line the subject property may reduce the adjacent perimeter by up to 50 percent and install only half the required side planting requirements.
         b.   If the adjoining property is undeveloped and has a planting requirement along the entire length of the adjacent side property line the subject property may reduce the adjacent perimeter by up to 50 percent and install only half the required side planting requirements.
      8.   Planting requirements. Planting requirements shall apply only to screening for perimeter . Planting requirements shall apply to all classifications and shall be satisfied in accordance to this subsection.
         a.   Trees. Trees shall be evenly distributed along the entire length of the . To calculate the required number of trees refer to Section K.5, Land classifications, and Section K.6, width charts, above. To calculate the spacing constraints for the respective trees/large shrubs and evergreen shrubs use the following applicable requirements:
            (1)   Deciduous .
               (a)   No tree with a less than two and one-half inches shall be permitted.
 
               (b)   Of the total number of required trees, 20 to 30 percent shall be deciduous .
               (c)   The planting rate per square foot shall be calculated in accordance to the following table:
POINTS FOR TREES
Width
One Tree per  Square Feet of
POINTS FOR TREES
Width
One Tree per  Square Feet of
15 feet
200 square feet
25 feet
300 square feet
35 feet
350 square feet
45 feet
400 square feet
55 feet
475 square feet
65 feet and above
550 square feet
            (2)   Deciduous understory trees/large shrubs.
               (a)   No deciduous understory tree/ less than eight feet tall shall be permitted to be planted.
               (b)   Of the total number of required trees, between 20 and 30 percent shall be deciduous understory trees/large shrubs.
               (c)   The shrubs can be deciduous or evergreen.
               (d)   If there is significant existing vegetation and/or significant site characteristics/design solutions that provide adequate screening, two smaller deciduous understory trees/large shrubs with a minimum height of four and half feet can be substituted for one required deciduous understory tree/ .
            (3)   Large evergreen trees.
               (a)   No large evergreen trees less than eight feet tall shall be permitted.
               (b)   Of the total number of required trees, at least 50 percent shall be large evergreen trees.
               (c)   If there is significant existing vegetation and/or significant site characteristics/design solutions that provide adequate screening, two smaller evergreen trees with a minimum height of four and half feet can be substituted for one required large evergreen tree.
         b.   Evergreen shrubs.
            (1)   Evergreen shrubs shall be installed at a minimum height of 36 inches.
            (2)   Evergreen shrubs shall reach six feet within two years of planting.
            (3)   To calculate the required numbers of shrubs refer to Section K.5, Land classifications, and Section K.6, width charts.
            (4)   Evergreen shrubs shall be evenly distributed along the entire length of the at the following rates per square foot:
POINTS FOR SHRUBS
Width
One Shrub per  Square Feet of
POINTS FOR SHRUBS
Width
One Shrub per  Square Feet of
15 feet
50 square feet
25 feet
75 square feet
35 feet
125 square feet
45 feet
200 square feet
55 feet
300 square feet
65 feet and above
450 square feet
 
      9.   Sight line drawings.
         a.   The shall require sight line drawings to be submitted with landscape plans if the proposed is adjacent to a residential district or or in cases where the proposed may have some impact on views.
         b.   The may require sight line drawings to be submitted with landscape plans based on, but not limited to, the following criteria:
            (1)   Where existing vegetation or proposed vegetation and berming is not adequate;
            (2)   Where the first story finished floor elevation of the proposed is a minimum six feet higher or lower than adjacent residential zoning or ;
            (3)   Where materials, character or architectural features for the proposed are different from adjacent residential ;
            (4)   Where the proposed building volume is five times or greater than adjacent residential building volume, and/or the height of the proposed is three stories (or equivalent) or higher.
         c.   Implications for site layout may include increased width and standards, revision to building footprint dimension or location, revision to orientation, revision to location of site support (dumpster, ).
   L.   , , and , .
      1.   . shall create an environment that benefits from the aesthetic and environmental qualities of a consistent tree canopy along public and private and highways. Trees improve the overall appearance and provide shade, visual interest and reduce heat build up and run off.
         a.   All new and qualified expansion of , on both private and public frontage, shall install at one with a minimum of two and one-half inches every 40 feet on average, or as close thereto as practicable. Planted trees shall be a minimum of five feet and maximum of 15 feet from the right-of-way and shall be located within a public easement. from this spacing may be allowed to accommodate existing utilities or natural obstructions.
         b.    shall be deciduous that reach a minimum height of 35 feet at maturity. Where overhead wiring exists, small shall be used.
         c.   To avoid a monoculture-planting scheme, it is recommended that a variety of tree species be planted for more diversity along the roadways.
         d.   Credit will be given for the preservation of existing that are healthy and of good quality. The may be required to submit a tree survey of all existing trees to be preserved. A minimum of two-thirds of the land area within each tree's must be preserved for such trees to receive credit.
 
         e.   One hundred percent of the required may be applied to the planting requirements of Section L.2, yards.
         f.   The BOA may waive strict compliance with this subsection if proposed alternative concepts would meet or exceed the visual impact provided by the deciduous along the rights-of-way.
      2.    yards. A yard is the protected landscape area contained by the existing or proposed right-of-way and an imaginary line extending along the adjacent building facade or wall to the side property line (see illustrations on the next page). yards are intended to provide attractive vehicular and pedestrian views of the properties, to retain or supplement existing vegetation and to provide a visual and physical barrier between transportation routes and other land . Refer also to the overlay districts for discussion on yards. yard requirements do not apply to districts or .
         a.   Design requirements.
 
            (1)   Landscaping within the right-of-way of state roads requires an encroachment agreement from North Carolina's Department of Transportation (NCDOT). Applicants must contact NCDOT for their approval and coordinate landscape installation with any existing or proposed utility easements or services in the right-of-way. Applicants must provide the Town of Garner Planning Department with a copy of an approved encroachment agreement prior to the issuance of a building permit.
            (2)   Sight distance triangles must be maintained at all intersections (see Section K.4). Plantings must not create any visual obstruction between 30 inches and seven feet in height within this triangle.
 
            (3)   Refer to the plant point table in Section D.3 for point assignments specific to plant types and sizes. Refer to Section L.4.b, Planting requirements in vehicle surface area, for additional required screening of views of vehicles from the right-of-way.
            (4)   If two yards cross, the yard with the lesser width between the right-of-way and the building wall/facade shall be used in this area of overlap. Refer to overlay districts for additional requirements.
         b.   Modification permitted in industrial . The landscaping requirements for industrial shall be met in a manner that enhances appeal and maximizes screening of objectionable views. Up to 75 percent of the required plantings in the side and area, and plantings can be applied toward yard areas for maximum appeal. No reduction shall be allowed in side and where that yard is adjacent to existing residential or districts.
         c.   Planting requirements. The required tree and shrub installation is based on the total required points in yards for the subject property.
            Calculate the required points by determining the area in yard(s). Multiply that area by a factor specific to the subject property's zoning district as follows:
 
Proposed
Points per Square Foot  of Yard
Residential and Multifamily
0.06
Office and Industrial
0.025
Commercial
0.025
Retail, up to 3 acres
0.025
Retail, 3 acres or greater
0.015
 
            (2)   Reduction of total required points in yards is allowed for large front setbacks according to the following percentages:
               (a)   Setbacks for commercial, office, and industrial districts up to 100 feet shall meet 100 percent of the total landscape credit requirements in the yard for planting .
               (b)   Setbacks for commercial, office, and industrial districts up to 200 feet shall meet 85 percent of the total landscape credit requirements in the yard for planting .
               (c)   Setbacks for commercial, office, and industrial districts greater than 200 feet shall meet 75 percent of the total landscape credit requirements in the yard for their planting .
            (3)   Fifty percent of all required points in yards shall be supplied by trees, and 50 percent of all required points in yards shall be supplied by shrubs.
            (4)   Required plantings, required , required yard plantings, and required (VSA) plantings may be credited at 100 percent towards yard plant point requirements.
 
 
      3.   Side and . The side and is that part of the not in the yard. Side and plant distribution shall occur throughout the entire side and . The side and area planting requirements shall be calculated by measuring the area bounded by the property line and the required side and rear setbacks or the areas of required , whichever area is greater.
         a.   Design requirements.
            (1)   Where the planting requirements are greater for the side and than the perimeter then 100 percent of both requirements shall be installed.
 
 
            (2)   Where the planting requirements are greater for the perimeter than the side and then only the requirements shall be installed.
         b.   Planting requirements. The required tree and shrub installation is based on the total required plant points in the side and for the subject property. The required plant points vary according to the zoning district of the subject property as listed on the following page. At least 50 percent of the plant points must be from trees, and the remainder must be from shrubs.
 
Proposed
Points per Square Foot of Side/
Residential and Multifamily
0.030
Office
0.020
Commercial
0.020
Retail, up to 3 acres
0.015
Retail, 3 acres or greater
0.010
Industrial
0.025
 
      4.   . The purpose of this section is to provide visual    relief from large expanses of pavement through the introduction of  landscape plantings. Landscaping lessens the visual impact of parking areas while reducing heat, glare and pollution.
 
         a.   Design requirements. may be located within the , side and .  Planting requirements are created for these based upon the yards they are within. Planting incorporated into these areas shall be designed using the following design guidelines and criteria.
            (1)   Landscape islands shall be evenly distributed throughout the for maximum shade. No shall be more than 65 feet from the trunk of a deciduous . Trees are permitted to be planted in clustersprovided that it exceeds all other planting requirements.
            (2)   Plantings used to meet these requirements shall be located within the or in plant beds within ten feet of the parking surface areas. Trees in the adjacent or side and that are within ten feet from the may be used to meet this requirement.
 
            (3)   Landscape islands within the shall be a minimum of 198 square feet in area and 11 feet in width from back-of-curb to back-of-curb.
            (4)   Landscape planting areas adjacent to and perpendicular to shall be a minimum of ten feet in width. Unless a contains a specified wheel stop, trees and shrubs shall be a minimum of five feet from the edge of the pavement.
            (5)   Planting areas at the end of rows shall be required as follows:
               (a)   The maximum number of continuous shall be 13.
               (b)   There shall be a planting island at least 198 square feet in size at the end of every row of perimeter exceeding 13 .
               (c)   There shall be a planting island at least 198 square feet in size at the end of every single row of interior .
               (d)   There shall be a planting island at least 396 square feet in size at the end of every double row of interior .
               (e)   Planting areas inside of parking islands shall contain positive drainage with no low spots that could trap water. All parking lot planting islands shall have curbing, pavement edging, or similar treatment around the perimeter to protect plant material.
         b.   Planting requirements.
            (1)   Screening of from adjacent public rights-of-way or private is required. One hundred percent of the requirements can be applied toward yard and planting requirements if the planting used to meet specific yard and planting requirements do not adequately provide the proper screening.
               (a)    shall have a visually modifying year-round screen that screens a minimum of 75 percent of the from the public right-of-way and private . The screen shall have a minimum height of 18 inches at planting. The screening must reach a height of three feet within two years of planting.
               (b)   The screen used may be composed of plant material, fences, walls, berms or any combination of these elements. Berms shall have a slope ratio no greater that 2.5:1 (max. slope) with a minimum crown width of at least two feet and shall be stabilized and predominantly covered with staggered clusters of shrub plantings an average six feet on center.
               (c)   Fences and walls shall be compatible with the adjacent existing or proposed . Fence or walls shall be supplemented with plant material, which shall screen 25 percent of the fence or wall area within one year of plant installation.
               (d)   The required area to be landscaped within and directly adjacent to the is based on the total size in as follows:
 
Required Landscaping
Under 10,000 square feet
5 percent
10,000 to 40,000 square feet
6 percent
Over 40,000 square feet
8 percent
 
            (2)   Verification of obstructions shall be the responsibility of the through the of sections and details illustrating the site conditions.
 
 
         c.   Parking equal to or greater than 75,000 square feet.
            (1)   A planting median is required in parking of all new and qualified expansion of . Parking equal to or greater than 75,000 square feet are required to provide a planting island a minimum of ten feet wide after every sixth single parking row.
            (2)   The planting median shall contain at a minimum one shade tree for every 65 linear feet. A maximum of 30 percent of the island can be an .
            (3)   Existing trees protected in an island may be counted toward this requirement after completion of all in the adjacent area.
 
            (4)   The installation of every planting island that is a minimum of 306 square feet in area at the end of a single or perimeter row or a minimum of 612 square feet at the end of every double row of interior may result in the reduction of one required off- for a maximum of a 12 percent reduction in required off- .
   M.   Screening of objectionable views.
      1.   Trash container areas. Trash container areas shall be subject to the following requirements:
         a.   Trash container areas shall be shall be separated at least 50 feet from residential districts or uses.
         b.   Trash collection areas shall be fully enclosed with a fence or wall to a minimum height of eight feet to block 100 percent of the view into the enclosed area. The enclosure shall match the primary color and material of the when viewed from public or private right-of- way and/or adjacent residential districts and . If the enclosure is not visible from a public or private right-of-way and/or adjacent residential district or the enclosure panels and gate may be constructed of wood on metal posts/supports. The minimum eight- foot tall gate shall include a self-latching mechanism.
         c.   Plant material shall supplement berms, walls or fences. Planting material shall screen 25 percent of the dumpster wall area. Planting material shall consist of a minimum of six low branching evergreens shrubs a minimum of three feet in height at time of planting.
         d.   Standard dumpster enclosures shall be a minimum of 12 feet across by 12 feet deep for a single dumpster and 24 feet wide for a double dumpster. A six-inch thick reinforced concrete (3,000 psi) pad shall be 12 feet wide by 15 feet deep per container.
      2.   Service and loading areas. Service and loading areas shall be subject to the following screening requirements:
         a.   Provide a minimum 100 percent year-round screen of all loading and service areas from the adjacent public and private right-of-way, and/or adjacent residential districts and .
         b.   This screen shall consist of berms, walls, fences, plant material or combination totaling eight feet in height at installation or completion of .
         c.   Wall or fence materials shall be compatible with the primary . Plantings shall be low branching evergreens and a minimum height of five feet at time of installation.
         d.   Where a service or loading area is located closer than 25 feet from a property line adjacent to a residential district, the minimum required height of the plantings shall be six feet at time of installation.
 
      3.    devices. All detention/retention ponds shall be screened on all sides with evergreen shrubs maintained at a minimum height of four feet. (Note: See also the general fencing requirements)
      4.   Utility elements. Utility elements shall be subject to the following requirements:
         a.   All utility devices visible from the public right-of-way or private shall be screened with low branching evergreen shrubs a minimum of 30 inches tall at installation. Screening material shall be planted a minimum of ten feet from the access doors to provide room for service and utility maintenance activities.
         b.   Property owners shall follow the above requirements concerning utilities located on their property.
         c.   Miscellaneous elements (air conditioning units, storage tanks, non- utility transformers, compactors, and other similar elements) shall be screened entirely from vehicular view from the public right-of-way and private . Access to elements shall be from a side other than side facing the right-of-way.
         d.   All roof-mounted elements shall be 100 percent screened from view from the public right-of-way and/or adjacent properties.
      5.    . In addition to the buffer requirements of Section 7.1K, shall be screened from view as follows:
         a.   Where a area is visible from a public right-of-way or private , an evergreen screen of low-branching trees/shrubs shall be provided. All screening material shall be installed adjacent to security fencing surrounding the area and be a minimum of six (6) feet in height with an expected minimum height at maturity of 10 feet.
         b.   Screening material required by subsection (1) shall be planted on center no more than 10 feet apart.
      6.   Screening industrial properties. Screening in industrial shall be subject to the following requirements:
         a.   Fencing, walls, hedges, landscaping, berms, natural areas or any combination of the above which is consistent with the requirements of this section shall be provided to obscure or portions of a specific which by their nature have the potential to negatively impact the community and properties outside the .
         b.   The following specific shall be 100 percent screened from adjacent properties outside the and from view from public rights-of-way:
            (1)   Dumpsters and trash handling areas.
            (2)   Service entrances and .
            (3)   Loading docks or spaces.
            (4)    and any material stocks or equipment, including, but not limited to, motor vehicles, farm or equipment, or other similar items.
         c.   No or screening is required in the side or between parcels with an industrial . The following standards shall apply where adjacent parcels are not within the industrial .
            (1)   Buffer.
               (a)   A minimum 15-foot evergreen vegetative will be required adjacent to not within the unless table dictates wider requirements.
               (b)   Where adjacent to industrial are vacant at the time the industrial receives approval, then the minimum vegetative shall be 15 feet unless the table dictates wider requirements.
            (2)   Screening.
               (a)   One hundred percent screening will be required in the 15-foot area.
               (b)   Existing vegetation meeting the standards of this UDO can be used on a one-for-one basis in the areas where it meets the screening requirements.
   N.   Maintenance requirements.
      1.   Owner/agent responsibility. The owner/agent is responsible for the upkeep of their property with a regular and proper maintenance program. A proper program will reduce disease, insect problems, weed control, pruning and watering. For further details refer to the Town of Garner Planting Manual in Appendix E for landscape maintenance guidelines.
      2.   Slope stabilization. All disturbed areas shall be stabilized from soil erosion immediately upon planting and shall be permanently maintained. Slopes greater than three to one shall not be stabilized with turf grass and shall require the planting of groundcover to stabilize any disturbed soil.
      3.   Replacement planting. The owner is responsible for maintaining all required plant material in good health. Any dead, unhealthy or missing plants must be replaced in a manner consistent with the requirements contained in paragraph O., below (for replacement requirements where significant plant material has been lost due to catastrophe or natural causes).
      4.   Re-inspection program. The owner is responsible for maintaining all required plant material in good health for the duration of the of the property. Any dead, unhealthy or missing plants must be replaced with locally adapted vegetation, which conforms to the initial planting standards of this UDO and the Town of Garner Planting Manual contained in Appendix E.
      5.   Excessive tree pruning prohibited. The owner is responsible for following accepted pruning practices for all required plant material and shall avoid excessive pruning of said material. Excessive pruning is defined as: removal of more than 25 percent of the crown or root system; failure to conform to standard pruning practices; or cutting other than for hazard, utility, or maintenance pruning. Illegally pruned trees must be replaced with trees proportional to the size of the tree damaged with the minimum replacement size of three inches in a 200 square foot plant bed required. The applicable penalty provisions of Article 10 shall be applied to excessive pruning violations.
   O.   Loss due to catastrophe. Should significant amounts of landscaping used to meet the requirements of this section be lost due to unusual causes or catastrophe, the owner of the property shall submit a plan detailing his/her intent in replacing lost material. Replacement planting may occur on a phased basis as approved by the . Maximum time allowed in the phasing program is two years from the submittal of plans to the Town.
   P.   Flexibility in administration authorized. The landscaping and tree protections requirements are established by the Town Council as standards that presumptively result in a better overall appearance of the built environment and protect the natural resources of the community. The Town Council recognizes that due to the particular nature of a tract, the nature of the proposed facilities, or other factors, the objectives of this article may be achieved even though the standards are not adhered to with mathematical precision.
      1.   The shall permit minor deviations of no more than 10 percent from the general landscape standards and up to a 30 percent width reduction.
      2.   The BOA may allow greater deviations only for situations where a or was constructed prior to the adoption of the UDO and the landscape planting standards or width requirements cannot met without removing significant portions of an existing or significantly altering the property.
      3.   Any deviation under this section may only be allowed when it is determined that:
               (a)   The objectives underlying these standards can be met without strict adherence to them.
               (b)   Because peculiarities in the developer's tract of land or the facilities proposed it would be unreasonable to require strict adherence to these standards.
      4.   Where deviations are authorized, the official record of action taken on the application shall contain a statement of the reasons for the deviation.
(Ord. No. 3396, § 15, 4-3-06; Ord. No. 3558, § 2, 7-7-09; Ord. No. 3656, § 4, 2-21-12; Ord. No. 3780, §§ 10, 11, 7-7-15; Ord. No. 3881, §§ 5, 6, 9-5-17 ; Ord., 3-16-21 )