§ 152.528 PERIMETER AND STREETSCAPE BUFFER YARDS.

   (A)   Applicability. All land uses as defined in § 152.525 Purpose and Applicability shall provide perimeter buffer  yards and streetscape buffer  yards , as defined herein, to separate that use from adjacent land uses.

   (B)   Purpose of buffers. Preserving existing vegetation or planting new landscaping shall be provided in order to:

      (1)   Shield properties from any adverse external effects of adjacent development , so as to mitigate incompatibilities between adjacent uses;

      (2)   Mitigate residential development from the noise and glare impacts of major collector and thoroughfare roadways;

      (3)   Preserve open space ;

      (4)   Preserve or create tree canopy and vegetation :

      (5)   Minimize future increases in stormwater runoff ; and

      (6)   Improve appearance of developments .

   (C)   Landscaped or re-vegetated buffers. If the Town Planner determines that there is not an existing buffer or it has been disturbed to the extent it does not meet the specifications herein described, then a re-vegetated buffer shall be installed pursuant to this section.

   (D)   Type and width of buffer required.

      (1)   Table 152.528-1 determines the type and minimum width of existing or landscaped perimeter and streetscape buffer yards that must be preserved or installed on-site for each proposed principal land use. Buffer types are defined in division (E) of this section.

      (2)   Any side or rear yard of any proposed principal use that abuts a residential use or residential district shall provide, in addition to the buffer requirements of Table 152.528-1, a six-foot fence with 80% opacity. The buffer required by Table 152.528-1 shall be in addition to the required building setback .

   (E)   Types and required criteria for buffers. The four types of natural and landscaped buffers that appear in Table 152.528-1 are described below along with criteria for each. Each of these buffer types may be achieved by meeting the requirements listed below or by an approved alternative method that meets the performance requirements. The preservation and use of natural vegetation is the preferred method of meeting the buffer and landscape requirements, as specified in divisions (F)(4) and (F)(7) of this section.

      (1)   Type A.   For every 50 linear feet, or fraction thereof, the five foot-wide buffer  yard shall contain: one canopy tree, two under story trees or four under story trees, and six shrubs.

      (2)   Type B. For every 50 linear feet, or fraction thereof, the ten foot-wide buffer  yard shall contain: two canopy trees or four under story trees, and 12 shrubs.

      (3)   Type C. For every 50 linear feet, or fraction thereof, the 15-foot wide buffer  yard shall contain: two canopy trees or four under story trees, and twelve shrubs and a six-foot fence with 80% opacity.

      (4)   Type D. For every 50 linear feet of frontage, or fraction thereof, the ten-foot wide street yard shall contain: one under story tree with sidewalks or planters built within or upon the sidewalk. Sidewalk requirements are detailed in §§ 152.353 and 152.356. Type D buffer  yards are intended to be used as streetscapes in new subdivisions in addition to required buffer  yards as listed in Table 152.528-1 .

Table 152.528-1 Minimum Perimeter and Streetscape Buffer  Yard Widths
Buffer Type	Proposed Principal Use Type	Perimeter/Streetscape Yard Width
Type A	Commercial Development 10,000 square feet or less; Includes Mixed-Use and Multi-Family  Development , and parking facilities	5 feet
Type A	Office and Institutional Development (Includes Town Facilities) 10,000 square feet or less	5 feet
Type B	Commercial Development 10,000 square feet or more; Includes Mixed-Use and Multi-Family  Development , and parking facilities	10 feet
Type B	Office and Institutional Development (Includes Town Facilities) 10,000 square feet or more	10 feet
Type C	M-I (Light Industrial)	10 feet
Type D	Streetscape for Residential Subdivision  Development or Manufactured Housing Development	10 feet

 

   (F)   General buffer standards.

      (1)   Coverage. All portions of required perimeter and streetscape buffer  yards not planted with trees or shrubs or covered by a wall, driveway, or other barrier shall be planted with grass, ground cover, or natural mulch of a minimum depth of three inches.

      (2)   Placement. New plantings comprising the buffer shall be spread across the entire span of the buffer , not planted in a row or rows, and not concentrated in a limited number of clustered locations such that the purpose of the buffer is violated (as defined in division (B) of this section).

      (3)   Location.

         (a)   The perimeter buffers shall be located along the outer perimeter of the parcel and shall extend to the parcel boundary line or right-of-way line; however, the buffers may be located along shared access easements between parcels in non-residential developments . Within non-residential centers/ developments , the perimeter buffer area between outparcels may be shifted totally or in part, elsewhere on the site. For example a 10-foot buffer between like uses may be shifted elsewhere on the site preferably interior to the site as long as the total area is provided for. The intent of this section is to provide for more flexibility in designing sites and potentially save larger natural areas elsewhere on the site.

         (b)   Stormwater management structures may be allowed in a buffer provided that it can be landscaped to meet the intent of the buffer requirements.

         (c)   All perimeter buffer yards and streetscape buffer yards shall not obstruct the view of motorists using any street , private driveway , parking aisles , or the approach to any street intersection so as to constitute a traffic hazard or a condition dangerous to the public safety upon any such street , driveway , parking aisle , or street intersection. Existing healthy vegetation may be removed and no new plantings shall be installed, within required sight triangles as noted in §§ 152.265 through 152.277.

      (4)   Existing vegetation , fences , walls, and berms.

         (a)   An existing natural buffer consists of existing vegetation , soils, surface waters and topography. Where possible, required buffers should remain in an undisturbed condition; but if the buffer is not a stream buffer or located in a floodplain, some maintenance may be necessary to prevent overgrowth or removal of noxious or poisonous species.

         (b)   Existing healthy and significant vegetation within the required buffer shall be preserved where possible and credited toward standards for the type of buffer required, unless otherwise approved by the Town Planner at the time of site plan approval, pursuant to division (F)(7) of this section.

         (c)   Existing soils within the buffers shall remain intact and undisturbed, unless otherwise approved by the Town Planner at the time of site plan approval, pursuant to division (F)(7) of this section.

         (d)   Existing berms, walls, or fences within the buffer, but not including chain link fencing, may be used in part to fulfill the requirements for the six-foot tall screen where required, provided that these elements are healthy and/or in a condition of good repair.

         (e)   Other existing site features within the required buffer area which do not otherwise function to meet the standards for the required buffer shall be screened from the view of other properties or removed, as determined during review and approval of the site plan .

      (5)   New vegetation and other features. If existing significant vegetation and other site features do not fully meet the standards for the type of buffer required, then additional vegetation and site features shall be planted or installed within the required buffer area in order to meet the criteria outlined in division (E) of this section.

      (6)   No development within required buffers. With the exceptions noted in this division (F) and below, the required buffer shall not contain any development , impervious surfaces , or site features that do not function to meet the standards of this section or that require removal of existing vegetation. Grading, development , or land-disturbing activities shall not occur within the buffer or within the tree protection fence area unless approved by the Town Planner.

         (a)   Sidewalks and trails may be placed in buffers provided that damage to existing vegetation is minimized.

         (b)   Utilities are not permitted in buffers unless no reasonable alternative exists. If utilities are placed in a buffer, they shall be located and installed in a way that minimizes disturbance of the buffer area (for example, installed not parallel but perpendicular or not less than at a 75 degree angle).

         (c)   Streets may not be placed within a buffer except to cross the buffer where necessary to connect to adjoining properties.

      (7)   Natural area buffer credits. The Town Planner may grant credit for the preservation of existing natural vegetation (pursuant to § 152.536) and apply this credit toward meeting perimeter buffer requirements, provided the caliper and quantity of the vegetation is equal to or exceeds the specifications herein described. If an existing natural area is to be preserved and used as a required perimeter, but it does not meet the required buffer type as specified in Table 152.528-1 , it must be enhanced to meet the specifications. The final buffer shall have the width, amount of vegetation, and other features to properly mitigate negative effects of contiguous land uses.

(Ord. 2005-O3, passed 3-15-2005) (Am. Ord. 2005-O8, passed 7-19-2005; Am. Ord. 2013-O15, passed 7-16-2013; Am. Ord. 2015-O3, passed 9-15-2015)