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Except for alleys and lawfully-established half-streets, all Town-maintained streets shall include street trees along both sides of the street.
A. Where Required. Street trees shall be located within tree pits or planting strips within the street right-of-way (see Figure 5.6.13: Street Tree Configuration).
B. Location.
1. Within Tree Pits. In cases where sidewalks, boardwalks, or paving are located in the right-of-way, street trees shall be located within tree pits, configured in accordance with the following standards:
a. Tree pits shall have a minimum planting area of at least 25 square feet per tree pit;
b. Tree pits shall be covered or configured with ground covering at the same general height as the pedestrian walkway to avoid being a tripping hazard; and
c. Tree pits shall include structural soils or screened backfill to ensure appropriate drainage and backfill.
2. Within Planting Strips. In cases where sidewalks are not present or where a portion of the right-of-way is not paved, street trees may be placed within planting strips, configured in accordance with the following standards:
a. Tree planting strips shall be configured parallel to the street;
b. Tree planting strips shall maintain a minimum width of five feet; and
c. Tree planting strips shall be raised above the sidewalk or include edging that prevents pedestrians from walking in the planting strip.
C. Tree Placement.
1. Street trees, when located within tree pits or planting strips, shall be located so that the trunk is at least two-and-one-half feet from the back of the curb or the edge of the pavement.
2. Street trees shall not be located within sight distance triangles (see Section 5.1.7, Sight Distance Triangles).
D. Types of Trees.
1. Except in areas underneath existing overhead utilities or upper story encroachments into the right-of-way, street trees shall be canopy trees that meet the standards in Section 5.6.6: Plant Material Specifications.
2. In areas beneath existing overhead utilities or upper story encroachments into the right-of-way, street trees shall be understory trees that meet the standards in Section 5.6.6: Plant Material Specifications.
E. On-Center Spacing.
1. Canopy trees shall be planted 45 to 50 feet on-center.
2. Understory trees shall be planted 20 to 25 feet on-center.
3. Grouping or clustering of street trees shall be prohibited, but on-center spacing may be reduced as necessary to avoid sight distance triangles, street furnishings, or other utility conflicts.
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F. Compliance with NCDOT Standards. In cases where street trees are located within street rights-of-way maintained by the NCDOT, street tree configuration shall be in accordance with NCDOT standards in addition to the standards in this section. In the event the standards in this section conflict with applicable NCDOT standards, the NCDOT standards shall control.
(Ord. 2020-36, passed 12-2-2019)
A. Credit for Existing Vegetation.
1. In order to encourage the preservation of established, healthy vegetation, credit shall be given towards the landscaping requirements in this section for preservation of existing trees and shrubs that are pre-existing within required landscaping areas at a rate of 1.25 times the amount of existing, healthy vegetation to be retained.
2. Credit towards landscaping requirements shall be determined in accordance with Section 5.9.6, Credit Towards Other Ordinance Requirements.
3. Vegetation to be credited towards these requirements shall be protected in accordance with Section 5.9.5, Tree Protection Devices, before and during development of the site and maintained thereafter in a healthy growing condition.
B. Revisions to Approved Landscape Plans. Due to seasonal planting problems and/or a lack of plant availability, approved landscape plans may require minor revisions. Minor revisions to planting plans may be approved by the Planning Director if:
1. There is no reduction in the quantity of plant material.
2. There is no significant change in size or location of plant materials.
3. The new plants are of the same general category (i.e., canopy tree, understory tree, evergreen, or shrub) and have the same general design characteristics (mature height, crown spread, etc.) as the materials being replaced.
C. Alternative Landscape Plans. An alternate landscape plan that allows modifications to the requirements of this section may be approved by the Planning Director in accordance with the following.
1. Conditions Justifying Alternative Landscape Plan. Any of the following natural physical conditions may be used as a justification for an alternative landscape plan:
a. Wetland areas;
b. Topography;
c. Non-arable soils;
d. Difficult or unusual lot configuration;
e. Utility, access, drainage, or maintenance easements;
f. A desire to retain existing on-site vegetation;
g. Natural rock formations;
h. Required landscaping areas that are shaded; and
i. Impractical situations that would result from application of this section.
2. Intent. To be approved, any alternative landscape plan shall meet the intent of the applicable planting yard(s) and the purpose and intent of the landscaping standards of this section.
3. Allowable Modifications.
a. The following landscape standards may be modified by an alternate landscape plan.
i. The location of required plant materials;
ii. The width of required planting areas;
iii. The configuration of required plant materials; and
iv. The number of required plant materials.
b. The alternative landscape plan shall include justification for the modifications requested, based upon but not limited to, the following:
i. The presence or planned location of public utilities, infrastructure, or easements;
ii. The location of existing healthy vegetation or other beneficial site features to be retained after development;
iii. The size, shape, or topographic elevation of the site relative to the street(s) it abuts; and
iv. The need to protect solar access or avoid permanently shaded areas on the site.
(Ord. 2020-36, passed 12-2-2019)
A. A certificate of occupancy shall not be issued, until all required plant materials have been placed in accordance with the approved site plan and requirements of this section.
B. A temporary certificate of occupancy may be issued for a period of 180 days under circumstances that would affect the seeding and planting of the site, or until the proper planting season is reached to complete the landscaping requirements, and may be extended up to 90 days upon request to the Planning Director.
C. In cases where a temporary certificate of occupancy is requested, the applicant shall furnish the following:
1. A signed contract for the installation of all required landscape materials; and
2. A performance guarantee for the amount of the contract configured in accordance with the standards in Section 6.6, Performance Guarantees.
(Ord. 2020-36, passed 12-2-2019)
A. Responsibility.
1. The responsibility for maintenance of required landscaping areas shall remain with the owner of the property, their successors, heirs, assignees or any consenting grantee.
2. Maintenance is required in order to ensure the proper functioning of the plantings as a landscaped area which reduces or eliminates nuisance and/or conflict.
3. Failure to adequately maintain required landscaping material is a violation of this Ordinance subject to the remedies and penalties in Article 8: Enforcement.
B. Maintenance.
1. All plantings shall be maintained in an attractive and healthy condition. Maintenance shall include, but not be limited to: watering, mulching, fertilizing, pest management, mowing, weeding, removal of litter and dead plant material, and necessary pruning and trimming.
2. Necessary pruning and trimming shall be accomplished in accordance with the Tree Care Industry Association (TCIA) Standards for the Professional Arborist, and shall not include:
a. The topping of trees;
b. Removal of 30 percent or more of the crown material in one calendar year;
c. Removal of the central leader; or
d. Any other similarly severe procedures that may cause irreparable harm to the natural form of the tree.
3. Dead or diseased plantings shall be removed. Unless specifically exempted (such as understory trees shaded by canopy trees), replacement plantings shall be provided for any dead, diseased, or removed vegetation when such replacement plantings are necessary to meet the standards or this Ordinance or maintain the screening objective of the landscaping material.
4. Landscape structural features such as walls, fences, berms, or water features shall be maintained in a structurally safe and attractive condition.
5. Where other uses, including pedestrian and bicycle accessways, are allowed within a required landscaping area, these uses shall be maintained to provide for their safe use.
C. Excessive Pruning or Trimming. Pruning or trimming exceeding the TCIA standards or activities exceeding necessary pruning or trimming as identified in subsection B above shall be a violation of this Ordinance, and shall require replacement of damaged vegetation in accordance with Section 5.6.18, Replacement of Required Vegetation.
D. Failure to Maintain. Failure to maintain required landscaping areas is a violation of this Ordinance, in accordance with Article 8: Enforcement.
(Ord. 2020-36, passed 12-2-2019)
A. Post Construction Inspection.
1. A permanent certificate of occupancy for any development shall not be issued unless the landscaping required under this section is installed in accordance with these standards and in accordance with the approved site plan, preliminary plat, planned development master plan, or building permit, as appropriate.
2. No person shall refuse entry or access to any staff or authorized representative of the Town who requests entry for the purpose of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with that representative while in the process of carrying out official duties.
B. Follow-Up Inspection. The Planning Director shall inspect the site one year after the issuance of a permanent certificate of occupancy in order to ensure compliance with this Ordinance.
C. Periodic Inspection.
1. The Planning Director may periodically inspect sites subject to the provisions of this Ordinance. If, through inspection, it is determined that a site does not comply with the approved site plan, preliminary plat, planned development master plan, or building permit, a notice to comply shall be served upon the landowner by registered mail with return receipt or other means by the Town.
2. The notice shall set forth that which will be necessary to comply with the Ordinance.
3. The Town shall have the power to conduct investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Ordinance and for this purpose may enter at reasonable times upon the property, public or private, for the purpose of inspecting the site(s) subject to the provisions of this Ordinance.
(Ord. 2020-36, passed 12-2-2019)
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