(a) When an industrial and commercial property is developed adjacent to vacant property zoned residential or when nonresidential uses are developed in residential zones, a buffer shall be required.
(b) The planted buffers as provided in Section 9-3046 shall be required in all industrial and commercial zones when these areas adjoin residential zones and for all nonresidential uses in residential zones.
(c) All plant types required in this article shall consist of plants at least three (3) feet in height when planted.
(d) When two (2) rows of plantings are required, plants shall be staggered in a triangular pattern so that there is a plant spaced the required distance apart as specified in Section 9-3046.2.4.
(e) When the existing natural buffer provides adequate screening, the existing buffer should remain. The Zoning Enforcement Officer shall determine if sufficient buffer does exist.
(f) The buffer shall be shown in detail on the site plan approved by the town.
(g) The buffer shall be installed and approved before a certificate of occupancy will be granted except when seasonal weather conditions are not conducive; a temporary certificate of occupancy may be issued for up to ninety (90) days.
(h) The buffer shall be maintained, and dead and diseased plants replaced by the owner or occupant of the premises. The outside storage of materials shall be prohibited in the area between the planted buffer and the residential district. The owner or occupant of the premises shall properly and continuously maintain this area.
(i) If a fence is erected on the residential district side of the planted buffer by the party establishing the buffer, the fence shall be one of the following types:
(1) A six-foot-high wood, basket weave type fence;
(2) A six-foot-high picket type fence;
(3) A six-foot-high chain-link type fence;
(4) A six-foot-high open type fence;
(5) A six-foot-high solid masonry wall.
(j) Fences with barbed or razor wire shall be located on the inside of the buffer. The height of the buffer plantings shall equal the height of the barbed or razor wire at the time of the planting. (Ord. of 1/10/05; Ord. of 12/6/10; Ord. of 6/28/21)