(A) Applicability.
(1) Unless specifically exempt, all existing and proposed development for which site plan approval is required (see § 156.707) 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 § 156.402 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) In the Central Business District, the Planning Director may allow a new use to 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.
(B) Landscape plan required.
(1) A landscape plan shall submitted in conjunction with a required site plan (see § 156.707).
(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 Kenly General Design Guidelines.
(C) How to use this section. This section is divided into the following:
Part 1. Landscaped Areas: § 156.402(D)
Part 2. Buffers: § 156.402(E)
Part 3. Street Yard Trees: § 156.402(F)
Part 4. Screening: § 156.402(G)
Part 5. General Landscaping, Screening and Buffering Provisions:
§ 156.402(H)
(D) Landscaped areas. All site plans requiring landscaping in accordance with this section shall have a landscape plan designed to provide landscaping in the following manner. These standards shall not apply in the B-1 District.
(1) Twenty percent of the total lot area shall be landscaped.
(2) No less than 1 canopy tree, 1 understory tree, and 2 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. At the time of planting all canopy trees shall be at least 6 feet in height, all understory trees shall be at least 4 feet in height, and all shrubs shall be at least 1 foot in height.
(3) Landscape areas may include interior landscaping in parking lots and other vehicular use areas (see § 156.401C). However, the district boundary buffer requirements of division(E)(2)(c) below shall be provided completely, as required, in addition to these requirements. Resource conservation areas may be used to satisfy a maximum of 40% of the total required landscaped area.
(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 4 types of required buffers that may occur on any given parcel (for the specific width and plant material for each buffer classification see division (3) below).
(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 (3) below.
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.
1. The perimeter of all parking areas and other vehicular use areas with frontage on any portion of an existing public right-of-way shall be screened by either a berm, a continuous landscaped hedge, a decorative masonry wall or any combination thereof.
2. At the time of installation, such screening shall be at least 30 inches in height. Any vegetative screen shall reach a maximum height of 36 inches within 2 years of planting.
3. No such buffer shall be required along an alley.
(c) District boundary buffers.
1. Required buffers. Perimeter compatibility is required along the boundaries of all incompatible zoning districts. The following table shall be used to determine the required buffer classification between adjacent districts.
Subject Property | Adjacent Property District | ||||||||||
Subject Property | Adjacent Property District | ||||||||||
District | R-E | R-10 | R-8 | R-6 | O-R | O-I | B-1 | B-2 | B-3 | I-1 | I-2 |
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 | - - | - - | - - |
I-1 | C | C | C | C | C | C | C | C | B | - - | - - |
I-2 | C | C | C | C | C | C | C | C | B | - - | - - |
2. Credit for existing plant material. 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.
(d) Project boundary buffers. The following project boundary buffers have been 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. A project boundary buffer shall not be required along a major thoroughfare, collector street, and minor thoroughfare (see division (a) above).
1. Open space residential subdivision. A buffer shall be required along all project boundaries of an open space subdivision (see § 156.203).
2. Planned development. A buffer shall be required along all project boundaries of a planned development (see § 156.203).
3. Manufactured home park. A buffer shall be required along all project boundaries of a manufactured home park (see § 156.302).
(3) Buffer classifications.
(a) The following table establishes the specific width and plant material for a variety of buffer classifications. The applicant is free to choose from each 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 2 understory trees per required canopy tree. The plantings below are intentionally over-planted at maturity, in order to provide an immediate beneficial impact.
(b) As determined by the Planning Director, a wall or berm meeting the standards in § 156.402 may be substituted in lieu of some of the required shrubs in buffer types A and B. A wall or berm is required in all Type C buffers.
(4) Location of buffer.
(a) Buffers shall be located within 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) Design variations. While the buffer depth is normally calculated as parallel to the property line, design variations may be permitted and are calculated on the average depth of the buffer per 100 feet or portion of buffer. The minimum depth of the buffer at any one point shall not be less than ½ the required depth of the buffer chosen. Maximum depth for the purposes of installing required landscaping, or receiving credit for existing vegetation, shall not be more than 1½ the required depth of the buffer chosen.
(6) Plant and structure location within buffer. 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 5 feet from any structure. Understory trees shall be planted no closer than 3 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 dripline of trees. Inorganic ground cover shall not exceed 20% of the total required area of the buffer.
(7) Planting in easements.
(a) No buffer shall be planted in wet retention ponds or drainage easements.
(b) Trees and shrubs shall be installed a minimum of 5 feet away from 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, species are planted that are adapted to seasonal flooding and the pond is adequately maintained.
(d) Trees may be planted in underground utility easements with the Planning Director approval, provided the root structure of the proposed tree is not anticipated to extend more than 3 feet below the ground. Shrubs may be planted, provided they are only within the outer 3 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 5 feet, or at least half the minimum required buffer width, shall be provided outside of any required easements. The majority of buffer plantings and all structures shall be located outside the easements.
(8) Permitted structures in buffer area.
(a) Walls. Where walls are placed within any required buffer area, they shall meet the following requirements:
1. Walls shall be a minimum of 3 feet and a maximum of 6 feet in height;
2. Walls shall be constructed of 1 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. Alternative walls (including vinyl, EIFS or other similar systems) may be permitted with the approval of the Planning Director. 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; and
5. Breaks in the wall may be provided for pedestrian connections to adjacent developments.
(b) Berms. Where berms are placed within any required buffer area, they shall meet the following requirements:
1. Berms shall have a minimum average height of 2½ feet with side slopes of not less than 4 feet horizontal for each 1 foot vertical; and
2. Slopes in excess of 4 feet horizontal for each 1 foot vertical may be permitted if sufficient erosion control methods are taken and deemed by the Public Works Director to be maintainable.
(c) Fences.
1. Fences in accordance with § 156.402 may be constructed in a required buffer, however, no reduction in buffer width shall be provided based on the provision of a fence.
2. Fences shall be a minimum of 3 feet and a maximum of 6 feet in height.
3. Fences shall be constructed of high quality materials, such as treated wood and wrought iron. Chain-link fences shall not be permitted.
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 plantings located towards the adjacent property with at least 1 upright shrub for every 6 linear feet of fence length.
6. Any fence constructed in a buffer shall be capable of withstanding a 30 pound per square foot horizontal wind load from any direction.
(9) 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 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. No existing plant material shall be eliminated, other than nuisance exotics; 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, public and emergency telephones, mail boxes and bus shelters or benches, are also permitted in a buffer. No screening of such appurtenances shall be required.
(c) A required 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.
(10) 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 accordance with the provisions of this section.
(11) Alternative compliance.
(a) The buffer requirements may be modified by the Planning Board upon a finding that a modification would be consistent with the 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 1 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.
(F) Street yard trees.
(1) Street yard trees shall be required along all collector streets, residential collector streets, residential streets and cul-de-sac streets at the rate of 1 canopy tree per lot or 1 canopy tree for every 40 linear feet (spaced a maximum of 50 feet part).
(2) All street yard trees shall be a minimum of 2½ caliper inches at time of planting and shall be planted no less than 5 feet or more than 15 feet from the back of the sidewalk.
(3) Credit shall be provided for any existing tree with a minimum of 6 inches that is preserved within the planting strip at rate of 1 preserved tree for 2 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.
(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 shall reach a height of 48 inches within 2 years of planting.
(c) No drive-thru window shall be 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 residential properties or public rights-of-way.
(b) Screening enclosures shall be fully enclosed by opaque walls or fences at least 8 feet high with self-closing access doors and shall be constructed of the same materials as the primary building.
(c) All service areas shall be limited to the area shown on an approved site plan.
(d) All service areas shall be located a minimum of 50 feet away from any residentially-zoned property line.
(3) Loading areas. Loading areas shall be subject to the following screening requirements:
(a) Provide a minimum 100% year-round screen of all loading areas visible from residential properties or public rights-of-way.
(b) This screen shall consist of berms, walls, fences, plant material or combination totaling 8 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 a minimum of 50 feet away from any residentially-zoned property, unless the loading area is wholly within a closed building.
(4) Mechanical equipment.
(a) All roof, ground and wall mounted mechanical equipment (e.g. air handling equipment, compressors, duct work, transformers and elevator equipment) shall be screened from view from residential properties or public rights-of-way at ground level of the property line.
(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 above-ground installation shall be screened by a continuous planting of shrubs, with a minimum mature height equal to that of the utility structure. Required access ways to these utilities are exempt from the screening provisions.
(6) Fencing and walls.
(a) A fence or wall not more than 6 feet in height may be installed along any side and rear lot line. A fence or wall in any required front yard shall not exceed 4 feet in height.
(b) Fences and walls shall be constructed of high quality materials, such as decorative blocks, brick, stone, treated wood and wrought iron. Chain-link fences and barbed wire or concertina wire shall not be permitted.
(c) Breaks in the fence or wall may be provided for pedestrian connections to adjacent developments.
(d) 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.
(H) General landscaping, screening and buffering provisions.
(1) Design, installation and establishment.
(a) Plant material.
1. Plant material shall be chosen from the lists of recommended plant species contained in the Kenly General Design Guidelines. Plant materials shall be reviewed for suitability with regard to the eventual size and spread, susceptibility to diseases and pests, and appropriateness to existing soil, climate and site conditions. Plant materials that vary from this list may be used with the approval of the Planning Board.
2. The preferred plant list shall be used to define the species of trees and shrubs deemed to be canopy trees, understory trees and shrubs. The lists may be expanded but are intended to provide guidance in selecting predominately hardy North Carolina native species.
(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 uncompact 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 reasonable notice 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) 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.
(b) 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.
(c) 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 all of the tree as follows, and with no protective distance less than 4 feet from the base of the tree.
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. passed 6- -2019)