(A) General provisions. Buffers shall be required in accordance with the “Land use relationships” table in division (A)(7) below in an effort to reduce environmental and aesthetic impacts of development, and to screen public right(s)-of-way and adjacent property unless otherwise provided by this chapter.
(1) Development exempt from buffer requirements. The following activities or uses shall be exempt from buffer requirements in this section:
(a) Public improvement projects. The construction of any public street or utility service line, whether publicly or privately owned;
(b) Maintenance. Maintenance of any structure;
(c) Single-family residence. Single-family residences, including manufactured homes, are exempt from buffer requirements, but shall comply with all other requirements regarding single-family residences and manufactured homes;
(d) Home occupation. Home occupation, as defined in this chapter;
(e) Accessory to principal use. Any accessory structure or use, whether temporary or permanent, integral to an approved development permitted in accordance with the provisions of this title. Such accessory structure or use shall comply with the design and performance provisions of this chapter; and
(f) Temporary uses, nonmaterial. Those activities of short duration that do not materially affect the area’s natural environment, parking requirements, transportation patterns, public health, or economic values shall be reviewed for approval by the Administrator.
(2) Buffering of expanded uses. Expansion of a use existing prior to the effective date of this chapter shall be required to come into conformance with all buffer requirements.
(3) Minimum standards for installation. Required installation, trees, and shrubs shall meet the following standards, except as may be specifically provided elsewhere in the chapter. Trees shall meet the standard definition of the tree type for which it is intended to be utilized.
(a) Large maturing tree. All required large maturing trees shall have a minimum caliper of two inches, measured six inches above the proper planting level, or a minimum height of six feet at the time of planting.
(b) Medium and small/ornamental tree. All required medium and small/ornamental trees shall have a minimum height of six feet at the time of planting. In lieu of the large maturing tree planting requirement, medium and small/ornamental trees shall be planted at a rate of two trees for every required large maturing tree.
(c) Shrub. Shrubs shall be a minimum of two feet in height at time of planting.
1. Shrubs planted for screening purposes shall form the density necessary to fulfill the requirements of this chapter within two years from the time of planting.
2. Shrubs planted in conjunction with a berm shall be exempt from the minimum height requirement.
(d) Ground cover. Ground cover shall include evergreen or organic covering, and provide 100% coverage within one year of planting, except for mulch or turf which shall provide 100% coverage upon installation. Organic mulch or inorganic materials (such as river rock) may be utilized to fulfill the ground cover requirement of this chapter but may not be substituted for required plantings and shall provide 100% coverage upon installation.
(e) Berm. A berm shall have a maximum of 3:1 slope with a minimum crown width of two feet and planting combination, with the berm an average height of three feet and dense plantings which will, when combined with the berm, achieve a minimum height of six feet and 75% opacity within two years.
(f) Specifications. All specifications for the measurement, quality, and installation of trees and shrubs shall be in accordance with American Standards for Nursery Stock published by the American Nursery and Landscape Association, free of disease, and in otherwise sound and healthy condition.
(4) Existing vegetation. The retention of existing vegetation shall be maximized to the extent practical, wherever such vegetation contributes to required buffering and screening or to the preservation of significant trees.
(a) If it is demonstrated that existing vegetation meets the intent of this section, the Administrator may waive some or all of the requirements for the planting(s). Such waiver shall be considered only after an inventory of existing vegetation to be utilized has been provided by the developer. The inventory shall indicate the type, number, and size of each existing plant to be utilized. It shall not be necessary to include the total number of plants, only those being utilized to fulfill the requirements of this chapter.
(b) Plantings to be utilized shall be maintained without injury and with sufficient area for the root system to sustain the plant. Protective care and restraint barriers shall be utilized at the drip line of any trees to be utilized.
(5) Responsibility of installation and maintenance.
(a) One-hundred percent of the applicable buffer requirements shall be the responsibility of the developer, unless expressly provided otherwise.
(b) The owner(s) of the property where the buffer or screening is shall be responsible for maintaining the buffer and all required plantings in good condition at all times.
(6) Alternative buffers and screening plan. Alternative buffer and screening techniques may be utilized in accordance with the following provisions. In such cases where the required buffering may create a sight distance conflict with an existing or proposed driveway, the required trees may be clustered with other plantings so as to maintain a proper sight distance. Planning Board approval shall not be required in such a case.
(a) Administrative review of alternative buffer and screening plan. An applicant may submit to the Administrator for review and approval a detailed plan and specifications for landscaping and screening of up to a 50% reduction in buffer width. In such case, plantings shall be provided at 150% of the listed requirement for the appropriate buffer type. This option shall not apply to divisions (B)(5) or (C) below.
(b) Planning Board review of alternative buffers and screening plan.
1. In lieu of compliance with the buffer and screening requirements of this section, an applicant may submit to the Planning Board for review and approval a detailed plan and specifications for landscaping and screening. The Planning Board may approve the alternative buffering and screening upon finding that the proposal will afford a degree of buffering and screening, in terms of height, opacity, and separation to or exceeding that provided by the requirements of this section.
2. The following criteria shall be used in determining whether an alternative buffer and screening plan alternative can be accepted by the Planning Board in lieu of meeting the requirements of this section:
a. The proposal includes a clear and concise explanation of the specific standards that cannot be met and how the alternative methods proposed will achieve the intent of this section;
b. The proposal represents the use of alternative methods and/or materials which will result in a development pattern which is equivalent to or greater than that required by this chapter;
c. The proposed use and design alternative is compatible with adjacent land uses;
d. The proposal is compatible with and will enhance the use or value of adjacent and area properties;
e. The proposal is consistent with the intent of adopted county plans; and
f. The proposed development standards are, in all other aspects, consistent with the intent and purpose of this chapter.
(7) Land use relationships. The following land use relationships shall be used to determine required screening and buffering as provided in division (A)(8) below. All uses listed in Use Group Level One shall be exempt from buffer requirements.
Proposed Use
|
Adjacent Use
| |||
Group 1 | Group 2 | Group 3 | Group 4 | |
Group 1 | None | None | None | None |
Group 2 | Type A, C | Type C | Type C | Type C |
Group 3 | Type A, D | Type A, C | Type C | Type C |
Group 4 | Type B | Type B | Type A, D | Type C |
(a) Refer to the “Table of use types and regulations” in § 153.105(B) for Use Group Level.
(b) If a specific use is not mentioned then it will be the duty of the Administrator to determine which existing use is most closely related to the proposed use in order to determine which group to classify the use under. Further, the following Use Group Levels are assumed for undeveloped land: residential and conservation zoned land is Use Group Level One; office and institutional zoned land is Use Group Level Two; commercial zoned land is Use Group Level Three; and light industrial and industrial zoned land are Use Group Level Four.
(8) Required buffer and screening types. In situations where a development is adjacent to multiple uses then the buffer requirement for each use shall be required along each property line, otherwise the development shall follow the requirements listed below. In situations where both vegetative screening and fencing are either required or utilized, the required vegetation shall be planted on the finished side of the fence, which shall face out. Buffer shall be installed in accordance with the buffer types (Type A, Type B, Type C, and Type D) listed herein.
(a) General. All buffer types shall include:
1. A staggered row of large maturing trees, spaced not more than 30 feet apart; and
2. Low-growing evergreen shrubs, evergreen ground cover, or mulch covering the balance of the buffer area.
(b) Type A buffer.
1. Minimum width. Minimum width of 15 feet (applies to side and rear property lines);
2. Option 1. A row of evergreen shrubs placed not more than four to six feet apart which will grow to form a continuous hedge of at least six feet in height within two years of planting;
3. Option 2. A masonry wall located within the required buffer area; such wall shall be a minimum height of six feet (above finished grade) and, if a block wall, it shall be painted on all sides; or an opaque fence six feet in height; or
4. Option 3. A berm meeting the requirements of this section.
(c) Type B buffer.
1. Minimum width. Minimum width of 30 feet (applies to front, side, and rear property lines).
2. Option 1. An opaque fence located within the required buffer area; such fence shall be a minimum height of six feet in height; or
3. Option 2. A berm meeting the requirements of this section.
(d) Type C buffer.
1. Minimum width of ten feet (applies to area between right-of-way and building front); and
2. Five low growing shrubs for every required large maturing tree.
(e) Type D buffer.
1. Minimum width. Minimum width of 15 feet (applies to property lines adjacent to public right-of-way or as otherwise noted within this chapter);
2. Option 1. A row of evergreen shrubs, ten shrubs for every required large maturing tree, placed not more than four feet apart which will grow to form a continuous hedge of at least six feet in height within two years of planting; or
3. Option 2. An opaque fence located within the required buffer area; such fence shall be a minimum height of six feet in height.
(9) Scheduled street improvements. In cases where a right(s)-of-way is scheduled to be widened, the developer shall plant the trees prior to the widening project and outside of the proposed right(s)-of-way, provided that NCDOT has marked the proposed right-of-way.
(B) Specific buffering and screening requirements. The following requirements shall be required in any development on which such type of use is required or provided, as applicable.
(1) Perennial stream buffering. All perennial streams, as identified by the United States Geological Survey (USGS), not located within a watershed or Conservation Zoning District shall have a 30-foot buffer from the edge of the waterway. The buffer area shall remain undisturbed.
(2) Utility and mechanical screening. All nonresidential and multifamily developments mechanical, utility equipment which is located on, beside, or adjacent to any building or developments shall be fully screened from the view of public right(s)-of-way and adjacent property. In situations where mechanical and utility equipment is (are) located on the roof of a structure, all devices will be fully screened from the view of right(s)-of-way or adjacent property using building materials as listed below. The screen shall exceed the height of the equipment by a minimum of one foot, shall not interfere with the operation of the equipment, and shall use one or a combination of the following screening techniques:
(a) Building materials and design which are compatible with those used for the exterior of the principal building; or
(b) Large maturing evergreen trees or other acceptable alternative approved by the Administrator.
(3) Trash containment areas screening. All trash containment devices, including compactors and dumpsters, shall be located and designed so as not to be visible from the view of adjacent right(s)-of-way and properties. If the device is not visible from off the site, then it need not be screened. The type of screening used shall be a continuous row of large maturing evergreen trees or other acceptable alternative approved by the Administrator.
(4) Outdoor storage area screening. Any area utilized for outdoor storage, as defined herein, or inventory shall be screened from view of public and private right(s)-of-way and adjacent property. Screening shall meet the following requirements:
(a) Any area utilized for outdoor storage or inventory shall be screened in accordance with the Type D buffer screening techniques and shall be located in the side or rear yard. However, development located within industrial parks shall be exempt from the screening requirements except along perimeter property lines when the property line is located on the exterior of the park or adjacent to a residential zoning district; and/or
(b) An alternate buffer plan may be submitted as provided in division (A)(6) above.
(C) Streetscape buffer for major subdivisions.
(1) Requirements. All subdivisions with more than six lots that have lots that abut state maintained rights-of-way shall be required to adhere to the following streetscape buffer requirements for all property that adjoins an existing state maintained street, unless otherwise stated herein:
(a) Developments with lots that abut NCDOT maintained roads shall be buffered with a minimum 30-foot buffer measured from the right-of-way.
(2) Streetscape buffer types. All buffer types shall include a staggered row of large maturing trees and at least five low growing shrubs for every required large maturing tree as well as one of the following screening techniques:
(a) A row of evergreen conifers or broadleaf evergreens placed not more than five feet apart which would grow to form a continuous hedge of at least six feet in height within two years of planting supplemented with large maturing trees every 30 feet;
(b) A masonry wall located within the required buffer; such wall shall be a minimum height of six feet (above finished grade) and, if a block wall, it shall be painted on all sides, supplemented with large maturing trees every 50 feet; or an opaque fence six feet in height finished side of fence shall face out, and supplemented with large maturing trees every 50 feet; or
(c) A berm, meeting the requirements of this section.
(3) Modification of planting types. If it is demonstrated that existing vegetation meets the intent of this section, the subdivision administrator may waive the requirements for the plant material.
(4) Ownership and maintenance of streetscape buffers. The developer shall be completely responsible for the installation and initial maintenance of all required streetscape buffers; until ownership changes through one of the methods described below.
(a) Ownership with a homeowners association. In the situation where a homeowners association (HOA) will be established for the proposed subdivision then the HOA shall be responsible for modifications, maintenance, removal, or damage to the streetscape buffer. This requirement shall be clearly labeled on the preliminary and final plats for all proposed subdivisions. The developer shall remain responsible for all ownership and maintenance of streetscape buffers until the HOA has been completely established.
(b) Ownership without a homeowners association. In the situation where there is not going to be a homeowners association (HOA) established for the proposed subdivision, then the streetscape buffer shall be left under control of the lot owner provided that each lot that contains a streetscape buffer shall have a deed recorded with a restriction that the streetscape buffer remain undisturbed. Further, the restriction shall state that the land owner shall be responsible for modifications, maintenance, removal, or damage to the streetscape buffer. This requirement shall be clearly labeled on the preliminary and final plats for all proposed subdivisions.
(5) Uses prohibited within the streetscape buffer. The following uses shall be prohibited from being located within the streetscape buffer:
(a) All structures;
(b) Storage of equipment;
(c) Playground equipment and other similar structures; and/or
(d) Driveways with the exception of main entrances to the subdivisions.
(D) Landscaping for major subdivisions. Installation of street trees shall be required for major subdivisions, in accordance with the regulations herein.
(1) The subdivider or developer of developments of more than six residential lots or six dwelling units shall either plant or retain existing healthy trees so that there is at least one deciduous tree for every 50 linear feet of street. Street trees shall be planted or retained along both sides of newly created public or private streets. Street trees shall be staggered on both sides of the right(s)-of-way on local or cul-de-sac streets in residential subdivisions.
(2) Street trees shall be of species that is expected to attain a minimum height of 25 to 35 feet at maturity. Where required street trees are located under overhead utility lines, the species shall be of a type to reach a maximum of 20 to 25 feet. All street trees shall be at least two inches in caliper and a minimum of six feet in height at the time of planting.
(3) Street trees shall be planted in a linear arrangement parallel to the street no less than five feet and no more than ten feet outside the right-of-way. Street trees shall be planted at least eight feet from utility poles and ten feet from electrical transformers.
(4) Plans for street tree planting and retention of existing trees shall be approved by NCDOT for all streets proposed to be dedicated as public streets.
(Ord. passed 10-17-2011; Res. passed 3-16-2020)