(A) Purpose and intent.
(1) The Town of Liberty encourages high quality design in developments, structures and the use of land. High quality design includes proper siting of structures and uses and proper landscaping.
(2) The town desires to allow developers maximum flexibility in achieving these high standards of development. However, minimum requirements for buffering or screening between certain uses and/or districts are hereby established to reduce the impact of a use of land on adjacent uses which are of a significantly different character, density or intensity.
(3) Buffers and screens separate different uses from each other in order to reduce adverse impacts such as dirt, litter, traffic, noise, odor, glare of lights, signs, buildings and parking areas. These regulations benefit both the developer and the adjoining landowner(s) because it allows options from which to choose in developing the property, while insuring each neighbor adequate protection regardless of the developer's choice, thereby protecting the property values of all properties involved.
(4) Before the issuance of certificate of occupancy, buffers and/or screening shall be installed or their installation guaranteed as per § 154.270. Buffers or screens shall be required in accord with the following.
(B) Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
BUFFER. A strip of land together with plantings required thereon. BUFFERS consist of a horizontal distance from a lot line which may only be occupied by the required landscaping materials, underground utilities, retention areas, screening materials and driveway/sidewalk access.
SCREEN. A strip of land together with plantings and or walls or fences required thereon. Screens consist of a minimum of horizontal distance from a lot line which may only be occupied by the required screening materials, additional landscaping materials, underground utilities and driveway/sidewalk access.
(C) Buffer or screen required.
(1) To provide maximum flexibility in achieving a high standard of development both buffer and screen requirements are established.
(2) The developer may choose which protection method is appropriate for the proposed development or he or she may mix methods within the development.
(3) The matrix below indicates when established uses will be required to install a buffer or a screen. In addition the matrix establishes what category of buffer or screen will be required.
(4) The required buffering or screening between the proposed land use(s) and the existing adjacent land use(s) on adjoining zoning lots is set forth in the matrix below.
(5) Buffers or screens are not required to separate uses located across public streets, however front yard landscaping as required by § 154.086 below shall be installed adjacent to street rights-of-way.
(6) If the land next to the proposed development is vacant, the category required shall be determined by the existing zoning on the adjacent vacant parcel.
(7) If the adjacent parcel is vacant, but is zoned for a more intensive zoning district, no buffer or screen shall be required of the less intensive use.
(8) If the adjacent parcel(s) is located within the same zoning district, and the use is classified as a nonconforming use in that district, no buffer or screen shall be required of the proposed use.
(9) If the adjacent parcel is developed in a more intensive manner, no buffer or screen is required of the lesser intensive use. The relative degree of intensity shall be determined as follows:
(a) As used in this section, the grouping of uses and zoning uses shall be as follows.
1. Single-family/2-family (as used in this section) shall be the least intensive. If the zoning on any vacant parcel is R40, R12 or R6, the single/2-family category shall be used for determination of the required buffering.
2. Multiple-family, less than 12 units per acre, shall be the next least intensive.
3. Multiple-family, more than or equal to 12 units per acre, shall be the next least intensive. If the zoning on any vacant parcel is R6 the Multi-family more than 12 units per acre category shall be used for determination of the required buffering.
4. Group 1 shall be the next least intensive. If the zoning on any vacant parcel is RA/IF, the Group 1 shall be used for determination of the required buffering.
5. Group 2 shall be the next least intensive. If the zoning on any vacant parcel is B1 or B2 the Group 2 shall be used for determination of the required buffering.
(b) Group 3 shall be the most intensive. If the zoning on any vacant parcel is IP or I the Group 3 shall be used for determination of the required buffering.
(c) As used in this section, the grouping of the zoning districts shall be as follows:
1. If the zoning on the vacant parcel is R40, or R12, the single-family category shall be used for determination of the required buffering.
2. If the zoning on the vacant parcel is R6 the 2-family and multiple-family less than 12 units per acre category shall be used for determination of the required buffering.
3. If the zoning on the vacant parcel is RMF the 2-family and multiple-family more than 12 units per acre category shall be used for determination of the required buffering.
4. If the zoning on the vacant parcel is B1 or B2 the group 2 shall be used for determination of the required buffering.
5. If the zoning on the vacant parcel is I or IP the group 3 shall be used for determination of the required buffering.
Buffer and Screen Matrix | ||||||
Abutting Use or Zoning | Single/2-Family | Multi-family | Group 1 | Group 2 | Group 3 | |
Buffer and Screen Matrix | ||||||
Abutting Use or Zoning | Single/2-Family | Multi-family | Group 1 | Group 2 | Group 3 | |
< 12 u/a | > 12 u/a | |||||
Proposes; use | ||||||
Single/2-family | - | |||||
Multi-family < 12 u/a | A | - | ||||
Multi-family > 12 u/a | C | A | - | |||
Group 1 | B | B | B | - | ||
Group 2 | C | C | C | A | - | |
Group 3 | D | D | D | C | A | - |
(D) Requirements for buffers and screens. Once the required category of buffer or screen is determined from the matrix the following requirements shall be met.
(1) For the buffer method. The following descriptions list the specifications of each permitted buffer width. The requirements are a minimum standard, developers are encouraged to supplement these minimums to enhance the landscaping of the development. Buffer requirements are stated as follows:
(a) Minimum width;
(b) Minimum planting per 100 Linear Feet; and
(c) Type and number of plant material.
(2) The number of plant materials required per 100 linear feet is represented by a whole or decimal number. Both the type and number of plants is specified. All mathematical rounding shall be upwards and shall be applied to the total amount of plant material required in the buffer, not to each 100 linear feet.
(3) Buffer A. The requirements shall be met for Buffer A by the following:
(a) Fifteen foot wide strip with two canopy trees, three understory trees, and six shrubs per 100 linear feet; or
(b) Twenty foot or more wide strip with one canopy tree, two understory trees, and four shrubs per 100 linear feet.
(4) Buffer B. The requirements shall be met for Buffer B by the following:
(a) Twenty foot wide strip with two canopy trees, three understory trees, and ten shrubs per 100 linear feet; or
(b) Twenty-five foot or more wide strip with two canopy trees, two understory trees and eight shrubs per 100 linear feet.
(5) Buffer C. The requirements shall be met for Buffer C by the following:
(a) Twenty foot wide strip with two canopy trees, four understory trees and 12 shrubs per 100 linear feet; or
(b) Twenty-five foot or more wide strip with two canopy trees, three understory trees and ten shrubs per 100 linear feet.
(6) Buffer D.
(a) The requirements shall be met for Buffer D by the following:
(b) Twenty-five foot or more wide strip with two canopy trees, four understory trees and a row of evergreen shrubs placed along the property boundary not more than five feet apart on center which would grow to form a continuous opaque hedge of at least six feet in height within two years of planting.
(7) Plant materials should be selected which are appropriate to soil and site conditions. It is recommended that species be selected which are resistant to heat, drought, insects and diseases and which require little maintenance. Refer to § 154.097 for listing of approved plant materials. Selected plant materials shall meet the requirements and be installed according to ANLA (American Nursery and Landscaping Association) standards. At least one ornamental flowering plant variety shall be required in each buffer for each ten feet of buffer depth. Trees and shrubs may be evergreen, deciduous or any combination thereof. Existing plant materials meeting these minimum requirements for plant type may be counted toward the total requirements of the specific plant type. The placement of required plants shall be the decision of the developer and all buffer areas shall be planted with grass, other ground cover or maintained with natural mulch or pine straw. See below for table for minimum plant sizes.
Table for Minimum Plant Sizes | ||
Plant Material Type | Minimum Size Planting in Buffers Abutting Vacant Land* | All Other Plantings |
Table for Minimum Plant Sizes | ||
Plant Material Type | Minimum Size Planting in Buffers Abutting Vacant Land* | All Other Plantings |
Canopy Tree | 1 inch caliper** | 1-1/2 inch caliper** |
Multi-Stem Clump | 5 feet height | 6 feet height |
Understory Tree | 3 feet height | 4 feet height |
Evergreen Tree | 2 feet height | 3 feet height |
Shrub | ||
Deciduous | 12 inches height | 15 inches height |
Evergreen | 9 inches height | 12 inches height |
Hedge | 5 feet height | 6 feet height |
* Smaller plant sizes are permitted adjacent to vacant land because it is assumed that the plants will have time to mature before the abutting vacant land is developed. For this purpose agricultural land is considered vacant. ** Caliper is a measurement of the size of a tree equal to the diameter of its trunk measured 4.5 feet above natural grade. | ||
(8) Buffers shall be located on the outer perimeter of a lot or parcel, extending along lot lines or private street or other existing or dedicated public rights-of-way. Where rights-of-way are contiguous with property line any required buffer shall be located on the inside of rights-of-way. No landscaping shall be permitted which interferes with the sight distance required at any roadway or driveway intersection.
(9) A buffer shall not be used for parking, accessory buildings or any other use except where required and permitted for pedestrian or vehicular access to adjoining property. Any such access shall cross the buffer area in a direct manner, shall not run parallel with the buffer and be no more than eleven feet in width for one way traffic or pedestrians or twenty two feet in width for two way traffic.
(10) For the screen method. The following descriptions list the specifications of each permitted screen width. The requirements are a minimum standard, developers are encouraged to supplement these minimums to enhance the landscaping of the development.
(11) Screen A. The requirements shall be met for Screen A by providing a ten foot wide minimum screening yard and one of the following:
(a) A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall. The wall shall be a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and,
(b) Lawn and or low-growing evergreen shrubs, evergreen ground cover or natural mulch covering the balance of the screening yard.
(12) Screen B. The requirements shall be met for Screen B by providing a ten foot wide minimum screening yard and the following:
(a) A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and,
(b) A staggered row of evergreen trees, located on the outside of the above evergreen plantings, wall or fence, which are not less than six feet in height at the time of planting and are spaced not more than 30 feet apart on center which at maturity will form an intermittent visual barrier from above the opaque screen to a minimum height of 15 feet.
(13) Screen C. Requirements shall be met for Screen C by providing a ten-foot wide minimum screening yard and the following:
(a) A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and
(b) A staggered row of evergreen trees, located on the outside of the above evergreen plantings, wall or fence, which are not less than six feet in height at the time of planting and are spaced not more than 20 feet apart on center which at maturity will form an intermittent visual barrier from above the opaque screen to a minimum height of 15 feet.
(14) Screen D. The requirements shall be met for Screen D by providing a 15 foot wide minimum screening yard and one of the following:
(a) A row of evergreen shrubs placed not more than five feet apart on center which would grow to form a continuous opaque hedge a minimum of six feet in height above finished grade; or a masonry (brick, rock, texture block) wall a minimum height of six feet (above finished grade); or a solid wooden fence a minimum height of six feet (above finished grade) constructed of pressure treated wood which bears the seal of the American Wood Preservers Bureau appropriate to the use or is constructed of a wood of natural resistance such as heartwood of redwood, bald cypress (tidewater red), black walnut, black Locust or Cedar. Such evergreen plantings, walls, or fences shall be located along the interior boundary of the required screen yard; and
(b) A staggered row of evergreen trees, located on the outside of the above evergreen plantings, wall or fence, which are not less than six feet in height at the time of planting and are spaced not more than 15 feet apart which at maturity will form an intermittent visual barrier from above the opaque screen to a minimum height of 20 feet.
(15) Plant materials should be selected which are appropriate to soil and site conditions. It is recommended that species be selected which are resistant to heat, draught, insects and diseases and which require little maintenance. Refer to § 154.097 for listing of approved plant materials. Selected plant materials shall meet the requirements and be installed according to ANLA (American Nursery and Landscape Association) standards. Existing plant materials meeting these requirements and locational requirements may be utilized towards screening requirements.
(16) Screens shall be located on the outer perimeter of a lot or parcel, extending along the lot or parcel boundary line and shall not be located on any portion of an existing or dedicated public or private street or other existing or dedicated public rights-of-way. Where rights-of-ways are contiguous with property lines any required buffer shall be located on the inside of the rights-of-way. No landscaping shall be permitted which interferes with the sight distance required at any roadway or driveway intersection.
(17) A screen shall not be used for recreation, parking, accessory buildings or any other use except where required and permitted for pedestrian or vehicular access to adjoining property. Any such access shall cross the buffer area in a direct manner, shall not run parallel with the buffer and be no more than eleven feet in width for one way traffic or pedestrians or 22 feet in width for two way traffic.
(E) Coordination of buffer yard or screen yard and required setback yard. Buffer or screen yards as required may be included within or combined with the required minimum setback yards as established § 154.066. When buffer or screen yards are required to be larger than setback yards, the buffer or screen yard shall serve also as the minimum setback yard. When the setback yard is larger than the required buffer or screen yard, no additional setback is required.
(F) Alternative buffers and screening.
(1) In lieu of compliance with the above buffer or screening requirements, an applicant may submit to the Planning Board for their review and approval an alternative plan with detailed specifications for landscaping, buffering and screening.
(2) The Planning Board may approve the alternative buffering and of screening plan upon finding that the proposal will afford a degree of buffering and or screening equivalent to or exceeding that provided by the above requirements.
(3) An alternative plan proposing an increase in the depth of a buffer yard may be approved and may utilize existing significant plants and trees if no reduction in the total number of required plants and trees results and they afford an equal degree of separation in terms of height and opacity.
(4) Otherwise, additional plantings, berms, walls or fences, or a combination thereof shall be required. A reduction in buffer yards is not permitted since the developer may choose the screen alternative which requires less yard.
(5) A reduction in the required screen yard may be approved, if it can demonstrated to the Planning Board that full compliance with the requirement is unpractical and creates an undue restriction on the use of the property. If an alternative screen plan is approved, it shall include screening measures which will provide an increase in the height and opacity of the screening required.
(G) Existing vegetation. The retention of existing vegetation shall be maximized, to the extent practicable, wherever the vegetation contributes to required buffering and or screening or to the preservation of significant trees.
(H) Maintenance of landscaping.
(1) All landscaping and screening which provides required buffering and screening shall be maintained so as to continue their effectiveness.
(2) Periodic inspections may be made to determine continued effectiveness of the required landscaping and screening.
(I) Determination of unlisted uses.
(1) The Zoning Administration shall make a determination, in the cases of uses not listed in the § 154.067 or which do not have a buffer group listed of the group appropriate for those uses.
(2) In reading the determination, the Zoning Administrator shall be guided by the requirements for similar uses having comparable external effects.
(J) Buffers and screening of existing uses. Uses already existing at the time of the passage of this chapter, or subsequent amendments thereto, shall comply with the following requirements:
(1) Existing uses shall not be considered nonconforming due to noncompliance with the buffering and screening requirements. The uses will not be required to implement buffering and screening unless physical alteration resulting in an increase of floor area of existing structures or the erection of new structures or the expansion of open uses of land occurs; and
(2) If physical alteration resulting in an increase of floor area of existing structures or the erection of new structures or the expansion of open uses of land occurs, buffering and screening shall be required as following.
(a) If the combined total of all expansions is 50% or less of the existing building footprint or land available for open uses as of January 22,1996 a screen meeting screen Category A shall be required. A screen shall be provided on a 1.5 to 1 ratio of the linear length of the building parallel to lot line which requires buffering and screening. The location of the required screening shall be determined by the Zoning Administrator. The location shall be based on site evaluations to determine the best protection to adjoining properties.
(b) If the combined total of all expansions is greater than 50% of the existing building footprint or land available for open uses as of January 22, 1996 buffers or screening shall be provided according to the requirements for new uses. In those cases, the use of provisions in Section (F) above may be considered.
(1981 Code, § 503) (Ord. passed 6-28-2004; Am. Ord. passed - - )