Skip to code content (skip section selection)
Compare to:
Loading...
5.5.15.   Maintenance
   A.   Any fence or wall which, through neglect, lack of repair, type or manner of construction, method of placement or otherwise, constitutes a hazard or endangers any person, animal, or property is in violation of this Ordinance.
   B.   When a fence or wall is in violation of this Ordinance, the Planning Director shall require the owner or occupant of the property upon which the fence or wall is located to repair, replace, or demolish the fence or wall in accordance with all applicable standards in this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
5.6.   LANDSCAPING
5.6.1.   Section Organization
These landscaping standards are organized into three main groups of related standards:
   A.   Applicability and configuration provisions in Subsections 5.6.3 through 5.6.8;
   B.   The standards for the five types of required landscaping (parking lots, perimeter buffers, foundation plantings, streetscape buffers, and street trees) in Subsections 5.6.9 through 0; and
   C.   The flexibility, maintenance, and replacement standards in Subsections 5.6.14 through 5.6.18.
(Ord. 2020-36, passed 12-2-2019)
5.6.2.   Purpose and Intent
The purpose of these provisions is to establish minimum requirements for the provision and maintenance of functionally adequate, attractive screening and buffering of buildings, site features, and off-street parking areas. These standards are intended to:
   A.   Promote and increase design compatibility between different land uses, while ensuring attractive views from streets and adjacent properties;
   B.   Assist in delineating separations of spaces, structures, uses, and activities on a site, or between adjacent sites;
   C.   Shield adjacent properties from potentially adverse external impacts of adjacent land uses and activities;
   D.   Abate glare and moderate temperatures of impervious areas;
   E.   Help filter air of fumes and dust;
   F.   Provide shade;
   G.   Reduce noise;
   H.   Reduce the visual impact of large expanses of pavement;
   I.   Promote energy conservation;
   J.   Reduce the amount and rate of stormwater runoff and erosion;
   K.   Improve stormwater runoff quality;
   L.   Increase in the capacity for groundwater recharge; and
   M.   Enhance the appearance and value of both residential and non-residential development.
(Ord. 2020-36, passed 12-2-2019)
5.6.3.   Applicability
The standards in this section apply to the following forms of development:
   A.   New Principal Buildings or Uses. New principal buildings or open uses of land, including publicly-owned buildings or sites, constructed, reconstructed, or established after January 1, 2020.
   B.   Improvements and Expansions. All improvements, including expansions or remodeling of principal buildings, parking areas, or open uses of land that exceed 3,000 square feet in area shall comply with these standards, subject to the requirements in Section 7.4, Nonconforming Sites.
   C.   Multi-Phase Development. Multi-family, non-residential, and mixed-use development that is planned and developed in phases shall be required to install landscaping that is associated with the active phase or phases only, unless an alternative arrangement is otherwise agreed to by the Planning Director and the developer. An active phase of a development is the one that is subject to permitted and on-going development activity.
(Ord. 2020-36, passed 12-2-2019)
5.6.4.   Exemptions
The following forms of development are exempted from these standards.
   A.   Changes to an existing or development of a new proposed single-family detached or duplex dwelling on a residentially-zoned lot.
   B.   Routine maintenance of existing vegetation, such as watering and fertilizing.
   C.   The removal of dead trees and shrubs, or trees and shrubs that have been diagnosed and determined to be diseased beyond treatment, provided the screening function of the landscaping is maintained or re-established. Failure to maintain the screening function of a required landscaping area is a violation of this Ordinance.
   D.   Pruning of vegetation, provided the screening function of the required landscaping is maintained. Severe pruning is a violation of this Ordinance, and shall require replacement of required vegetation.
   E.   Repaving or restriping of a parking lot, provided there is no increase in parking lot size or the number of parking spaces.
(Ord. 2020-36, passed 12-2-2019)
5.6.5.   Landscape Plan Required
   A.   Generally.
      1.   A landscape plan depicting how required landscaping will be planted in accordance with these standards shall be included with an application for site plan, preliminary plat, zoning compliance permit, or building permit, as appropriate, to ensure compliance with this section.
      2.   The landscape plan shall be approved prior to, or concurrent with, the approval of a site plan, preliminary plat, zoning compliance permit, or the issuance of a building permit.
      3.   A landscape plan shall contain, at a minimum, the following:
         a.   Location of required planting material;
         b.   Grouping or clusters of planting material, if proposed;
         c.   Identification of required plants, including their scientific names;
         d.   Minimum and maximum dimensions of all planting yard areas;
         e.   Calculations determining the number of canopy trees, understory trees, and shrubs required;
         f.   Locations, species, sizes, and methods of protection during construction for existing vegetation to be retained and counted towards minimum landscaping requirements;
         g.   Location(s), species, and size or planting density of required trees included if the development is subject to the standards in Section 5.9, Reforestation; and
         h.   Existing topography, or proposed topography where site grading is proposed to occur.
   B.   Phased Development. Development subject to these standards that is planned in phases may submit a landscape plan for the entire development, or separate landscape plans for each phase, which shall be approved prior to approval of the final plat.
   C.   Landscaping in a Stormwater Retention Pond. If trees or shrubs are proposed on or within 20 feet of the embankment of a stormwater retention pond, a landscape plan showing the retention pond and surrounding landscaping must be submitted for review to determine that the safety and functionality of the device will not be compromised by the trees or shrubs.
(Ord. 2020-36, passed 12-2-2019)
5.6.6.   Plant Material Specifications
   A.   Canopy Tree Size.
      1.   Canopy trees shall have a minimum height at maturity of 40 feet and a minimum crown width of 30 feet (see Figure 5.6.6: Plant Material Specifications).
      2.   All canopy trees shall have a minimum height of eight feet, or more, and a minimum caliper size of two and one-half (2 ½) inches, or more, at planting (see Section 9.3.12.A, Determining Tree Size at Time of Planting).
      3.   Evergreen trees shall be a minimum of six feet in height at planting.
   B.   Understory Tree Size.
      1.   Understory trees shall have a minimum height at maturity of 15 to 40 feet, except that trees to be placed below overhead utility lines may not exceed a mature height of 20 feet (see Figure 5.6.6: Plant Material Specifications).
      2.   All understory trees shall have a minimum height of four feet, or more, and a minimum caliper size of one-and-one-half inches, or more, at planting (see Section 9.3.12.A, Determining Tree Size at Time of Planting).
      3.   Drought tolerant understory trees shall have a minimum caliper size of one inch at planting.
      4.   Nothing shall limit the use of multi-stemmed understory trees provided that 25 percent or more of the leaders meet the requirements in Section 9.3.12.A, Determining Tree Size at Time of Planting.
   C.   Shrub Size and Variety.
      1.   All shrubs shall be at least a three-gallon size and have a minimum height or spread of 18 inches at the time of planting (see Section 5.6.6: Plant Material Specifications).
      2.   Shrubs shall reach a minimum height of 36 inches and a spread of 30 inches within three years of planting.
      3.   Decorative grasses may be proposed as a substitute for shrubs, provided the grasses meet the screening objectives and are approved by the Planning Director.
      4.   Shrubs or grasses used to screen off-street parking areas shall be evergreen or retain their leaves/blades throughout the year.
Figure 5.6.6: Plant Material Specifications
   D.   Native or Locally-Adapted Species.
      1.   Required landscaping materials shall be cold-hardy for the location where planted.
      2.   Plant species used in required landscaping areas must be native species or species of a locally-adapted nature. Other species require approval by the Planning Director.
   E.   Species Diversity.
      1.   To curtail the spread of disease or insect infestation in a plant species, new plantings shall comply with the following standards:
      2.   When fewer than 20 trees are required on a site, at least two different species shall be utilized, in roughly equal proportions (see Figure 5.6.6.E: Species Diversity).
      3.   When more than 20 but fewer than 40 trees are required to be planted on site, at least three different species shall be utilized, in roughly equal proportions.
      4.   When 40 or more trees are required on a site, at least four different species shall be utilized, in roughly equal proportions.
      5.   A larger number of different species than specified may be utilized.
      6.   In no instance shall invasive species, as determined by the North Carolina Extension Service, be utilized as landscaping materials to meet the requirements of this Ordinance.
Figure 5.6.6.E: Species Diversity
   F.   Stabilization.
      1.   Required landscaping areas shall be stabilized and maintained with vegetative cover, mulch, decorative gravel, cinders, or other approved materials to prevent soil erosion and allow rainwater infiltration.
      2.   Required landscaping areas with slopes of 15 percent or more shall be stabilized with vegetative cover (not mulch or gravel) designed to minimize erosion. Required vegetative cover shall be established and functional prior to issuance of a certificate of occupancy.
      3.   Use of landscape fabric on slopes of 15 percent or more is discouraged.
(Ord. 2020-36, passed 12-2-2019)
Loading...