(A) Authority and intent. Pursuant to VA Code §§ 15.2-2283 and 15.2-2284 and in order to further the goals of the Northampton County Comprehensive Plan to protect natural resources while pursuing economic self-sufficiency for all citizens, it is the intent of this section to protect existing vegetation and provide for the installation of new vegetation at newly developed sites specifically in order to:
(1) Facilitate the creation of a convenient, attractive, and harmonious community;
(2) Protect the natural environment, including forestal land;
(3) Protect against flooding;
(4) Encourage economic development;
(5) Protect surface water quality in the Chesapeake/Atlantic Preservation Area of Northampton County; and
(6) Protect surface groundwater quality in a State Groundwater Management Area with highly pervious soils where groundwater is sensitive to contamination.
(B) Conflict. If the provisions of this section conflict with other lawfully adopted ordinances or regulations, then the most restrictive shall govern or prevail to the extent of the conflict.
(C) Jurisdiction and exemptions. In addition to the requirements of the Chesapeake/Atlantic Preservation District, § 154.2.163 herein, this performance standard shall apply to all development and redevelopment within Northampton County, and no department (or board) shall issue any permit, zoning clearance, special use permit, rezoning approval, variance approval, waiver approval, exception approval, subdivision approval or site plan review approval unless compliance with the vegetation protection and installation requirements of this section is insured. However, nothing in this section is intended to prohibit agriculture, silviculture, horticulture or nursery operations in the county. The regulations set forth herein shall apply to all real property within the county, subject to the following exceptions:
(1) Forestry. All bona fide silviculture activities, as defined in § 154.2.003, shall be exempt from both vegetation protection and installation performance standards.
(2) Wetlands. Wetlands mitigation plans shall be exempt from vegetation protection and installation performance standards provided that such plans have been approved by the Northampton County Wetlands Board.
(3) Nurseries. Commercial nursery operations shall be exempt from vegetation protection performance standards for the purpose of producing marketable nursery stock but not from the installation performance standards and other requirements of this ordinance as it applies to land use for offices, buildings, and marketing operations.
(5) Utilities. Individual and public utilities and utility companies shall be exempt from vegetation protection and installation performance standards for the purpose of maintaining or creating easements to provide safe clearance for the utility provided that a memorandum of understanding (MOU) with Northampton County has been executed. Such MOUs shall at a minimum:
(a) Recognize the need to minimize the cutting or pruning of vegetation which does not frustrate or substantially interfere with the intended purpose of construction or maintenance;
(b) Specify a consultation process with the county prior to the commencement of major construction or maintenance or the removal of trees greater than six inches DBH;
(c) Provide that a breach of such MOU constitutes a violation of this chapter and a loss of exemption from the requirements of this chapter.
(6) State and federal agencies. Shall be exempt from the vegetation protection and installation performance standards but are encouraged to follow the guidance set forth herein.
(7) County agencies. Shall be exempt from the vegetation protection and installation performance standards to the extent necessary to provide services to citizens and provide for their health, safety, and welfare.
(D) Vegetation protection standards. Protective barricades shall be placed around all protected vegetation located in a development or redevelopment area, and designated to be saved on the approved site plan. Prior to the commencement of site work, protective barricades shall be installed by the contractor and inspected by the Northampton County Department of Planning and Zoning. This inspection may coincide with the initial erosion and sediment control inspection and may continue as a part of the following erosion and sediment control inspection throughout the project. The protective barricades shall remain in place until all site work is inspected and approved for completeness. The area within the protective barricade shall remain free of all building materials, dirt, or other construction debris, vehicles and development activities.
(1) Protective barricades. Protective barricades shall be erected according to the following standards:
(a) Five feet outside the dripline of protected vegetation as defined in this chapter;
(b) Fifteen feet outside the dripline of trees greater than 24 inches DBH.
(2) Construction within protective barricades. Changes in grade, construction of hardened surfaces (pervious or impervious) or utilities within the required protective barricade shall be permitted subject to the following standards:
(a) Changes in grade and construction of utilities shall comply with the specification described in The Virginia Erosion and Sediment Control Handbook, as amended, Chapter III, Standards and Specification 3.37 and 3.38.
(b) Construction of hardened surfaces shall not be permitted within five feet of the base of protected vegetation or within 15 feet of the base of trees greater than 24 inches DBH, unless special construction methods, including but not limited to root feeders and porous paving materials, are used and certified as acceptable by a reputable arborist or qualified organization.
(c) All roots outside the protective barricade to be removed during construction shall be severed clean (root pruned) and a two-inch layer of mulch shall be applied over the surface of the exposed roots.
(d) All pruning of protected vegetation greater than six inches DBH shall be done in accordance with pruning standards adopted by the National Arborist Association.
(E) Vegetation installation requirements. No new site development, redevelopment, building, structure or vehicular use area (parking lot, internal/ external access ways, driveways, etc.) shall hereafter occur, be erected, constructed or used, nor shall any existing building, structure or vehicular use area be expanded, unless the minimum vegetation installation standards below are satisfied:
(1) Existing on-site vegetation can be used to satisfy vegetation installation requirements;
(2) Replacement vegetation cannot be used to satisfy vegetation installation requirements;
(3) Vegetation installations can be placed within building setbacks and the CBPA 100-foot buffers;
(4) Except as required below, the need for vegetation installation will be evaluated within the context of site plan review consistent with this chapter and the Chesapeake/Atlantic Preservation District requirements found in § 154.2.163.
(F) Situations requiring vegetation installation. In order to accomplish the purpose of this section, the requirements for vegetation installation apply in the following situations:
(1) Roadway frontage as described in division (G) below;
(2) Parking lots - peripheral/interior;
(3) Perimeter screening;
(4) Refuse collection facilities;
(5) Chesapeake/Atlantic Preservation Area: 100-foot buffer area if vegetation is removed.
(G) Roadway frontage installation requirements. On the site of a building or structure other than a single-family home being used only for residential purposes, or on an open lot providing off-street parking, loading or other vehicular use, where such area will not be entirely screened visually from all adjacent public rights-of-way by an intervening building or structure, vegetation shall be required along any property boundary that abuts the public right-of-way of a public street, road or highway.
(1) A planting area at least five feet in depth shall be located between the abutting right-of-way and any off-street parking, loading or other vehicular use area, except where permitted driveway openings and pedestrian ways are to be provided. The planting area shall be planted in accordance with the following standards:
(a) A combination of trees and hedge or approved wall, fence or earthen berm may be utilized to form the continuous element; and
(b) All portions of the planting area where there is no wall, fence, hedge, or trees shall be planted in grass and/or groundcover.
(H) Parking lot peripheral/interior installation requirements. Peripheral planting shall be provided along any side of an off-street parking, loading, or other vehicular use area that abuts adjoining property and not a right-of-way of a public street, road, or highway. Such planting shall be provided as follows:
(1) Peripheral parking lot installation requirements. A planting area at least eight feet in depth shall be located between the abutting property lines and the parking, loading or other vehicular use area, except where permitted driveway openings are to be provided. Where drainage or other utility easements exist along property lines, the planting area shall be located between the parking, loading or other vehicular use area and the utility or drainage easements.
(2) Interior parking lot planting requirements. Planting islands shall be provided such that no more than ten spaces shall be permitted without being interrupted by a planting island. Planting islands shall consist of shrubs, canopy trees, and understory trees. Divisions (G) and (H) (1) above shall not be used to satisfy interior parking lot requirements.
(I) Perimeter screening. Perimeter screening shall be required to separate industrial uses from different land uses or zoning districts.
(1) Perimeter screening, generally
(a) Perimeter screening defined. Perimeter screening may be one of two kinds: opaque or semi-opaque.
1. Opaque perimeter screening is intended to create a strong spatial separation and to preclude visual contact. Such screening shall be opaque in all seasons of the year.
2. Semi-opaque perimeter screening is intended to maintain a sense of spatial separation and to partially block visual contact. Upon maturity, semi-opaque screening shall not contain any completely unobstructed opening more than ten feet in width.
(b) Perimeter screening shall vary in depth and in planting requirements according to the existing use or zoning district of the adjoining property.
(c) Perimeter screening shall be located along the perimeter of a lot or parcel and shall extend to the boundary line of the lot or parcel. Perimeter screening shall not be located on any portion of an existing public or private street right-of-way. Where utility or drainage easements exist along property lines, the perimeter screening shall be located adjacent to the utility or drainage easement.
(d) Required perimeter screening shall be designated as part of platted lots and/or on an approved site plan. The following notation shall be lettered on the face of both the preliminary and final subdivision plats and/or site plans:
PERIMETER SCREENING: The use and maintenance of the perimeter screening area and the building of structures thereon is restricted pursuant to § 154.2.105 of the Northampton County Zoning Ordinance.
(e) Compliance of planted perimeter screening shall be evaluated on the basis of average height and density of plant material upon maturity. Suitability of existing vegetation to fulfill the requirements of planted perimeter screening shall be determined based upon field analysis of the type and condition of the vegetation.
(2) Schedule of required perimeter screening established. Perimeter screening for all development and redevelopment shall be required as follows:
(a) Existing industrial districts abutting Agriculture District: 75-foot buffer area with 25 feet of semi-opaque screening or a reduction to a 50-foot buffer with 50 feet of opaque screening except when the district abuts a Resource Protection Area as defined in this chapter.
(b) Existing industrial districts abutting any Conservation, Hamlet/Residential, Waterfront Hamlet/Residential, Village, Waterfront Village, Existing Cottage Community/Residential, Existing Subdivision/Residential, Existing Business, or Town Edge-1, Town Edge/Residential District: 100 foot buffer area with 50 feet of semi-opaque screening or a reduction to a 75-foot buffer area with 50 feet opaque screening except when the district abuts a Resource Protection Area as defined in this chapter.
(c) Existing industrial districts abutting any existing Business, Commercial-1, Town Edge-Neighborhood Business, or Town Edge-Commercial General District: 25-foot buffer area with ten feet of semi-opaque screening or a reduction to a 15-foot buffer area with ten feet of opaque screening except when the districts abuts a Resource Protection Area as defined in this chapter.
(d) Existing industrial districts with frontage on U. S. 13: In addition to the vegetative planting requirements set forth in § 154.2.164, US 13 Corridor District, a 100-foot buffer area with 25 feet of semi-opaque screening or a reduction to a 75-foot buffer area with 50 feet of opaque screening except when the district abuts a Resource Protection Area as defined in this chapter.
(e) Existing industrial districts abutting secondary roads: a 100-foot buffer area with 25 feet of semi-opaque screening or a reduction to a 75-foot buffer area with 50 feet of opaque screening except when the district abuts a Resource Protection Area as defined in this chapter.
(f) Existing industrial districts abutting a railroad: The Board of Supervisors may eliminate the buffer area to the extent necessary to provide transportation access to the railroad.
(J) Refuse collection site screening. Refuse collection facilities shall be screened from view, except around their point(s) of access, by an opaque enclosure composed of evergreen vegetation, fence, wall or a combination of the same, except as follows:
(1) Where screened from view by an intervening building or structure; and
(2) Excluding views from adjacent properties zoned or used for industrial purposes.
(L) Submission of a vegetation protection and installation plan (landscape plan).
(1) Application for site plan approval:
(a) Applications for site plan approval and building permits under this chapter shall include a scaled vegetation survey locating all existing natural vegetation. The site drawing shall also show the proposed construction footprint and vegetation protection measures.
(b) Review standards. The landscape plan shall comply with:
1. The requirements of §§ 154.2.040 et seq.
2. The requirements of § 154.2.163.
3. The requirements of this section.
(Ord. passed 4-12-2016)