Section 4.09 Landscaping and Buffering
   This section shall be known as the Town of Lillington Landscaping Code or Landscaping Code.
   4.09.1   FINDINGS AND PURPOSE
   The standards established in this ordinance are intended to preserve, protect, restore and enhance the aesthetic appeal and scenic beauty of this town; provide adequate buffering between land uses; reduce noise and air pollution; reduce stormwater run-off; filter and reduce glare from artificial light sources; provide shaded areas along streets, sidewalks and in parking lots; provide a continuity of vegetation throughout the town; encourage the preservation of existing trees and vegetation; safeguard and enhance property values; and protect the public health, safety and general welfare.
   4.09.2   APPLICABILITY
The landscaping and buffering standards of this section shall apply to the following:
   A.   All new developments (except for infill single-family detached) shall be designed in accordance with the requirements of this article.
   B.   See Section 8.02.1 for all other non-conforming standards.
   4.09.3   STREET TREES
   A.   Street trees are an essential part of the town streetscape. The town seeks to maintain existing trees where possible and to encourage the planting and continuance of the established street tree patterns.
   B.   To accomplish this objective, the following shall apply:
      1.   All subdivisions and developments subject to site plan approval shall provide street trees along their frontage with adjacent public streets.
      2.   Street trees shall be selected from the list of large trees, or, where power lines are located, small trees included in Appendix A.
      3.   Planting strips shall be a minimum of six feet wide.
      4.   Planting location shall take into consideration planned roadway widening, public safety, standard drainage requirements and maintenance of sight distances for traffic safety. Street trees may be planted within the right-of-way, within planting strip abutting the right-of-way or other location approved by the permit issuing authority.
   C.   Street trees, unless subject to overhead power lines, shall be planted at the rate of one three-inch caliper tree per 30 feet of property line abutting a public street, excluding driveways and traffic visibility zones. This rate may be varied based upon existing trees and the crowns of planted trees.
   D.   Trees used to meet buffer and vehicle use area requirements, may be used to meet the street requirements to the extent that the trees are located within 25 feet of a street.
   4.09.4   BUFFER YARD REQUIREMENTS
Buffers provide compatible transitions between differing land uses, reduce the visual impacts of development and retain existing plant materials.
   A.   Buffers are required along the common property lines between developments in different zoning districts or between developments of different uses as established in this section.
   B.   Buffer requirements shall not apply when a public street or railroad right-of-way separates applicable zoning districts or uses.
   C.   The chart below establishes the minimum buffer widths for proposed development.
Adjacent Zoning District
District of Proposed Development
RR, RS-20, RS-15, RS-10
RMX, RMF
O/S, NB
NMX, CB
GB
LI, HI
Adjacent Zoning District
District of Proposed Development
RR, RS-20, RS-15, RS-10
RMX, RMF
O/S, NB
NMX, CB
GB
LI, HI
RR, RS-20, RS-15, RS-10
None
None
B
None
A
A
RMX, RMF
C
None
None
None
A
A
O/S, NB
B
C
None
None
None
None
NMX, CB
C
C
None
None
None
None
GB
A
A
B
C
None
None
LI, HI
A
A
A
A
B
None
   A = Type A Buffer B = Type B Buffer C = Type C Buffer
 
   4.09.5   BUFFER YARD COMPOSITION
   The required buffer yard types may be established using a combination yard widths, evergreen trees, canopy trees, understory trees, shrubs, fences, walls, and berms. The following tables illustrate the required elements for each buffer yard type.
   A.   Type A Buffer: The intent of the Type A buffer is to create a completely opaque buffer, having no horizontal openings from the ground to a height of eight feet within two years of planting. Type A buffers can be achieved in three ways:
 
Type A Buffer Yard Options
Min. Depth
Min. Plantings per 100 feet
Required Barrier
Option 1
40'
4 Evergreen Trees
4 Canopy Trees
4 Understory Trees
48 Shrubs
Not Required
Option 2
30'
2 Evergreen Trees
1 Canopy Tree
2 Understory Trees
12 Shrubs
Berm
Option 3
20'
1 Evergreen Tree
1 Canopy Tree
3 Understory Trees
12 Shrubs
Fence or Wall
 
   B.   Type B Buffer: The intent of the Type B buffer is to create a semi-opaque buffer, having only seasonal horizontal openings, not to exceed 10% of the total width, from the ground to a height of eight feet within two years of planting. A Type B buffer can be achieved in two ways as specified below.
 
Type B Buffer Yard Options
Min. Depth
Min. Plantings per 100 feet
Required Barrier
Option 1
20'
2 Evergreen Trees
1 Canopy Tree
2 Understory Trees
12 Shrubs
Not Required
Option 2
10'
1 Evergreen Tree
1 Canopy Tree
3 Understory Trees
24 Shrubs
Berm
 
   C.   Type C Buffer: The intent of the Type C buffer is to create a semi-opaque buffer, having only seasonal horizontal openings, not to exceed 25% of the total width, from the ground to a height of six feet within two years of planting. A Type C buffer can be achieved in two ways as specified below.
 
Type C Buffer Yard Options
Min. Depth
Min. Plantings per 100 feet
Required Barrier
Option 1
20'
1 Canopy Tree
2 Understory Trees
8 Shrubs
Not Required
Option 2
10'
2 Canopy Trees
2 Understory Trees
12 Shrubs
Not Required
 
   4.09.6   ADDITIONS TO BUFFERS AND SCREENING
   When it is determined that the conflict of land use is so great that the public safety is not served adequately by the minimum buffer and screening requirements, or where there is a need to prevent a high degree of visual, audio, or physical disorders, then the Administrator may require the installation of fencing or earthen berms in addition to the minimum required buffers and screening, according to the standards below.
   A.   Fencing or Walls. Where required as part of a buffer yard, fencing or walls must adhere to the provisions below. Nothing in this section shall prohibit the owner of a single family dwelling from constructing a separate fence along the borders of such property, provided that all required buffer plantings are maintained.
      1.   In all cases, the finished side of the fence must face the use with the lower intensity.
      2.   Permitted fence or wall materials include: masonry, stone, architectural block, stucco on masonry, wood or other similar of solid appearance.
      3.   The design of fencing or walls shall be sufficient to meet the extent of physical screening required by the Administrator.
      4.   The height of the fence shall be determined by the Administrator based on the following variables: site conditions; topography; use; and/or building height. The minimum height of a fence or wall required by this section shall be six feet.
   B.   Berms. Earthen berms may be required in combination with plant material and fencing for the purposes of screening. Berms shall be tapered appropriately to allow for practical maintenance.
      1.   The slope of all berms shall not exceed a 2:1 ratio (horizontal to vertical), shall have a top width at least one-half the berm height, and a maximum height of six feet above the toe of the berm.
      2.   All berms regardless of size, shall be stabilized. Topsoils brought in for mounds are to be mixed with native soil to avoid interfacing problems.
      3.   Berms shall be constructed as to provide adequate sight distances at intersections and along all roads.
      4.   Berms proposed to satisfy the screening requirements of this section shall be vegetated as required by this section. Use of berms as a substitute for existing healthy vegetation is strongly discouraged.
   4.09.7   VEHICULAR USE AREA SCREENING & LANDSCAPING
   A.   All off-street parking, loading areas, and service areas adjacent to and/or visible from a public right-of-way and adjacent properties shall be screened from view by use of one or more of the following:
      •   A building or buildings;
      •   A change in topography;
      •   A planting area a minimum of eight feet wide planted with evergreen shrubbery placed a maximum of five feet on center. All shrubs shall achieve a height of four feet within three years.
      •   Fencing, walls, or berms.
   B.   In addition to screening requirements, canopy trees shall be installed in planting areas within parking lots to provide shade coverage for all parking spaces within vehicle service areas. Such planting areas shall meet the following requirements:
      1.   Planting Area Size: The minimum size of a planting area is dependent upon the number of canopy trees planted within it, as described below:
 
Number of Canopy Trees in Planting Area
Minimum Size of Planting Area
1
400 square feet
2
700 square feet
3 or more
300 square feet per tree
 
      2.   Planting Area Width: A minimum horizontal dimension of nine feet measured from back of curb, pavement, sidewalk or other separating structure is required for all planting areas.
      3.   Planting Strip Location: A continuous linear planting strip shall be provided between each two parking bays.
      4.   Minimum Spacing: All parking spaces, or portions thereof, shall be within 60 feet of a planted canopy tree trunk.
      5.   Groundcover: Each planting area shall be landscaped with mulch, groundcover, or shrubs to protect against soil erosion.
      6.   Barriers or Wheel Stops: Barriers, such as wheel stops or six-inch standard curbs, must be provided between vehicular use areas and landscaped areas.
      7.   Conflict with Parking Lot Lighting: Trees shall be located and planted so as not to diminish the effectiveness of required parking lot lighting, and in no instance shall lighting be located closer than 15 feet to canopy trees and eight feet to understory trees.
   4.09.8   DUMPSTERS AND MECHANICAL UTILITIES SCREENING
   A.   All dumpsters, loading docks, outdoor storage areas and utility structures, which are visible from a public street or adjacent property line, shall be screened unless already screened by an intervening buffer yard. Such equipment shall be considered out of view if it is within the 45 degree angles projected from the building edges.
   B.   Screening shall consist of evergreen shrubs, fencing, walls or berms, and shall comply with all other standards of this section.
   C.   All screening of utilities shall comply with the requirements of the utility provider.
   D.   Where possible, enclosures for dumpsters are encouraged to be constructed with materials that are compatible with the design and materials of the principal building. Screening may be created through the use of:
      1.   Solid-wood fence, or fabricated metal fence, each with shrub plantings placed around the enclosure (they do not need to completely screen the enclosure) that grow as high, or nearly as high, as the fence to provide an attractive separation; or
      2.   Brick fence, brick/split face block, or decorative block (plantings not required).
   4.09.9   GENERAL INSTALLATION AND MAINTENANCE STANDARDS
It shall be the responsibility of the property owner(s) or assigned caretakers to ensure that all regulated landscaped areas, buffers, fencing, and tree save areas are installed, preserved, and maintained in good growing conditions, appearance, and usefulness. Damage and disturbances to these areas shall result in vegetation replacement and/or fines and other penalties. Preservation and maintenance shall include:
   A.   Any dead, unhealthy, or missing vegetation, shall be replaced with vegetation that conforms to the standards of this section and the approved site and/or subdivision plan.
   B.   All required buffers, streetyards, vehicular use areas, tree save areas and other landscaped areas shall be free of refuse and debris, shall be treated for pest/diseases in accordance with the approved site and/or subdivision plan, and shall be maintained as to prevent mulch, straw, dirt, or other materials from washing onto streets and sidewalks.
   C.   The owner(s) shall take actions to protect all plant material from damage during all facility and site maintenance operations. All plant material must be maintained in a way that does not obstruct sight distances at roadways and intersections, obstruct traffic signs or devices, and interfere with the use of sidewalks or pedestrian trails. Plant material, whether located within buffers, tree save areas, or within planted areas (required by the site and/or subdivision plan) shall not be removed, damaged, cut or severely pruned so that their intended form is impaired. Shrubs within vehicular use areas, streetyards, and street fronts may be pruned, but must maintain at least three feet in height.
   D.   In the event that existing required vegetation located within any buffers, tree save areas, streetyards, vehicular use or other landscape areas poses an immediate or imminent threat to improved structures on private property or public property, excessive pruning or removal of the vegetation may be allowable provided authorization is obtained from the Administrator, and the performance standard of the landscape area is maintained consistent with this section. Replacement vegetation may be required as a condition of the permit.
   E.   In the event that any vegetation or physical element functioning to meet the standards of this section is severely damaged due to an unusual weather occurrence or natural catastrophe, or other natural occurrence, the owner may be required to replant if the requirements of the section are not being met. Replacement vegetation shall conform to the standards of this section and the approved site and/or subdivision plan.
   4.09.10   RECOMMENDED PLANT LIST
See Appendix A for the town’s official plant list. It contains some plant species that are native to the town area or are known to be suitable for the climate of the town area. Applicants seeking landscape approval shall not be required to select materials from the following list, but shall be required to select plant species that are known to be suitable for the climate of the town area.
(Ord. passed 2-14-2017; Ord. 2020-05, passed 8-10-2019; Ord. passed 3-15-2022)