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§ 152.277  RIPARIAN BUFFERS.
   These standards are designed to regulate impervious surface cover in riparian areas in order to promote public health, safety and general welfare by protection of water quality through the control of non-point source pollution within riparian protection areas.
   (A)   Applicability. These standards shall apply to all development activity within the jurisdiction of this chapter which is located adjacent to a perennial or intermittent stream as depicted on the most recent version of the U.S. Geological Survey 1:24,000 (7.5 minute) map or U.S. Department of Agriculture Soil Survey map covering the area in question.
   (B)   Exemption. When a perennial or intermittent stream is shown on the most recent version of the U.S. Geological Survey 1:24,000 (7.5 minute) map or U.S. Department of Agriculture Soil Survey map covering the area in question, but no watercourse exists, the property owner or developer may seek administrative relief from the requirements this section by submitting site specific evidence that no watercourse exists.
   (C)   Buffer requirements. Riparian buffers shall be established and maintained according to the following specifications.
      (1)   Low-density development. When property adjacent to a regulated watercourse is developed with less than 24% impervious surface area, the following standards shall apply.
         (a)   Property adjacent to perennial streams. A 30-foot riparian buffer, as measured landward from the top of the stream bank shall be established. Within the first 15 feet of the top of the bank, no disturbance of the existing vegetation is allowed. The remaining width of the buffer area must remain free of impervious surfaces.
         (b)   Property adjacent to intermittent streams. A 20-foot riparian buffer, as measured landward from the top of the stream bank, shall be established. Within the first ten feet of the top of the bank, no disturbance of the existing vegetation is allowed. The remaining width of the buffer area must remain free of impervious surfaces.
      (2)   High density development. When property adjacent to a regulated watercourse is developed with greater than 24% impervious surface area the following standards shall apply.
         (a)   Property adjacent to perennial streams. A 50-foot riparian buffer, as measured landward from the top of the stream bank, shall be established. Within the first 30 feet of the top of the bank, no disturbance of the existing vegetation is allowed. The remaining width of the buffer area must remain free of impervious surfaces.
         (b)   Property adjacent to intermittent streams. A 30-foot riparian buffer, as measured landward from the top of the stream bank shall be established. Within the first 20 feet of the top of the bank, no disturbance of the existing vegetation is allowed. The remaining width of the buffer area must remain free of impervious surfaces.
(Ord. passed 3-5-2018)  Penalty, see § 152.999
§ 152.278  SCREENING.
   Screening shall be required in order to conceal specific areas of high visual impact from both on-site and off-site views. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts or other proximate landscaping material.
   (A)   Items to be screened. The following areas shall be screened:
      (1)   Outdoor trash storage (including recycling containers);
      (2)   Loading and service areas;
      (3)   Outdoor storage areas (including storage tanks); and
      (4)   Ground level mechanical equipment and utility meters.
   (B)   Screening methods.
      (1)   Vegetative material. Planting materials meeting the standards for a Type III buffer.
      (2)   Berms. Earthen berms shall measure at least two feet in height. Berms shall be covered with grass and shall be planted with other landscaping materials consistent with the requirements for a Type III buffer.
      (3)   Fencing. An opaque wooden fence, or a plastic, or vinyl designed fence that is configured to appear as an opaque wooden fence, measuring at least six feet in height, but not exceeding eight feet in height, that is consistent with the standards in §§ 152.215 through 152.221 of this chapter. When wood is utilized, only treated wood or rot-resistant wood, such as cypress or redwood, shall be used. Chain link, barbed wire, stock wire, hog wire, chicken wire and similar type fences are not permitted.
(Ord. passed 3-5-2018)  Penalty, see § 152.999
MONUMENTAL TREE PRESERVATION
§ 152.290  PURPOSE.
   It is the purpose of this subchapter to:
   (A)   Promote the aesthetic quality of new development by preserving existing trees;
   (B)   Preserve trees that contribute to the historic character of the town;
   (C)   Prevent the wholesale clearing of land for development; and
   (D)   Preserve and protect property values.
(Ord. passed 3-5-2018)
§ 152.291  APPLICABILITY.
   These regulations shall apply to all land development activities within the town with the exception of those activities specifically exempted by § 152.292 of this chapter.
(Ord. passed 3-5-2018)
§ 152.292  EXEMPTIONS.
   The following shall be exempt from the requirements of this subchapter:
   (A)   The construction, reconstruction, expansion or modification of a detached single-family dwelling unit on an individual lot;
   (B)   The construction, reconstruction, expansion or modification of no more than two attached dwelling units; provided that, each unit is constructed with an individual driveway;
   (C)   The removal of any monumental tree that has become a hazardous tree or threatens to become a danger to human life or property. A tree is hazardous when it meets all of the following as determined by a certified arborist:
      (1)   It has a structural defect that predisposes the entire tree, or at least one-fifth or more of the tree’s crown, to structural failure;
      (2)   The DBH of the tree predisposed to structural failure is at least ten inches, or the diameter of the crown limb(s) predisposed to structural failure is at least eight inches at the largest point;
      (3)   The structural defect has a failure potential of “medium” or greater as described in the current edition of A Photographic Guide to the Evaluation of Hazard Trees in Urban Areas, published by the International Society of Arboriculture, and cannot be remedied by an accepted arboricultural practice; and
      (4)   A target exists beneath or adjacent to the tree that could be injured or damaged, including but not limited to, pedestrians, vehicles, streets, sidewalks, buildings and other human-made structures.
   (D)   The necessary removal of monumental trees by a utility company within dedicated utility easements; and
   (E)   The removal of monumental trees causing the blockage or improper operation of storm water control facilities.
(Ord. passed 3-5-2018)
§ 152.293  PRESERVATION OF MONUMENTAL TREES AND MONUMENTAL TREE STANDS REQUIRED.
   To the greatest extent practical, monumental trees and monumental tree stands shall be protected and preserved during and after development. Measures such as the relocation or reconfiguration of buildings, parking areas, streets and other features may be required by the Planning Board if it deems it necessary to fulfill the intent of this chapter.
(Ord. passed 3-5-2018)
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