(A) Applicability. These regulations shall apply to all land development activities within the town with the exception of the following activities:
(1) The construction, reconstruction, expansion or modification of a detached single-family dwelling on an individual lot;
(2) The construction, reconstruction, expansion or modification of no more than two attached dwelling units; provided that, each unit is constructed with an individual driveway and/or garage; and
(3) Land development activities within the Central Business District (CB) where structures are constructed within five feet of a lot line or would otherwise prevent the installation of required landscaping material due to adjacent structures or rights-of way.
(B) General requirements.
(1) Landscaping required by this subchapter shall comply with the minimum state or local sight distance requirements for street intersections and driveways, and shall not obstruct or impede public pedestrian routes including sidewalks and greenway trails. Safety and security concerns should receive prominent consideration during the selection and placement of landscape materials.
(2) Whenever any planting areas required by this subchapter are adjacent to motor vehicle surface areas or motor vehicle display areas, the planting areas shall be protected from motor vehicle intrusion or damage by active restraint devices, such as bollards, wheel stops or curbing.
(3) The soil surface of all planting areas required by this subchapter shall be stabilized to prevent erosion. In addition to required interior trees and shrubs, the soil surfaces of planting areas shall contain live groundcover, mulch, flowering plants, permeable pedestrian paver blocks or a combination thereof.
(4) All required plantings installed shall be nursery grown stock that is free from disease or growth problems, shall be indigenous to the county, and shall comply with the latest edition of the American Standards for Nursery Stock, published by the American Nurserymen’s Association and be consistent with the standards set forth by the Duplin County, North Carolina Cooperative Extension Service.
(5) The landowner is responsible for maintaining, mulching, watering and pruning all required plant materials. Any dead or missing plants must be replaced with new planting which meets the minimum installation dimension standards of this section. Plant replacement shall take place within one month of written notification by the Ordinance Administrator. In the event that plant material is severely damaged due to an unusual weather occurrence or other act of nature, or if replacement plantings are unavailable within one month of written notification, the landowner will have six months from the date of written notification to replace plantings. This time limit may be extended by the Ordinance Administrator if the area is under prolonged drought conditions, or if the particular type of plant material has a preferred planting season that would require extending the length of time.
(6) Where appropriate, the location of overhead utility lines shall be considered during the placement of required trees. The maximum mature height of required trees shall be determined as follows.
(a) Trees with a maximum mature height of less than 25 feet shall be used where they will be planted within 25 feet, measured horizontally, from overhead power lines.
(b) Trees with a maximum mature height of less than 35 feet shall be used where they will be planted within 35 feet, measured horizontally, from overhead power lines.
(c) Trees with a maximum mature height of greater than 35 feet may be used where they will be planted more than 30 feet, measured horizontally, from overhead power lines so long as they do not have a horizontal spread of more than 25 feet from the trunk.
(7) Fractional planting requirement calculations shall be rounded to the next higher whole number.
(8) Existing plant material within the required bufferyard may be included in the computation of the required plantings with approval of the Ordinance Administrator.
(9) A minimum five-foot radius containing no plant materials or structural elements other than groundcover plants shall be maintained around all fire protection equipment, including fire hydrants, post indicator valves and Siamese connectors. Obvious sight lines to the fire protection equipment shall be maintained at all times.
(Ord. passed 3-5-2018) Penalty, see § 152.999