§ 66-254. Screening and landscaping.

(a)

Purpose. The intent of the requirements set forth in this section shall be to enhance the visual and aesthetic appearance of the town; provide space definition and landscape continuity between the built environment and the natural environment; provide appropriate barriers and relief from traffic, noise, heat, glare and the spread of dust and debris; reduce the impact of development on the community's storm drainage system and reduce flooding; aid in the conservation of energy; replenish the atmosphere with oxygen; provide for a more pleasant and relaxing urban environment; and increase property values. Furthermore, the intent of this section shall be to create a screen between residential zoning districts and other zoning districts or to screen certain uses in order to minimize potential nuisances, such as noise, dust, odor and light glare; reduce the visual impact of unsightly aspects of adjacent development; provide for the separation of spaces; and establish a sense of privacy.

(b)

Temporary waiver. A certificate of compliance shall not be issued for any use located on a lot upon which screening and/or landscaping is required, unless such screening and landscaping are provided on such lot as specified in this section. The provision may be temporarily waived by the code enforcement officer in cases where it is not possible for the developer to install certain species of plant material prior to occupancy due to the recommended planting season not occurring at an appropriate phase in construction. In such case, the time deadline for planting such materials shall be extended only to the nearest seasonal period suitable for planting such materials.

(c)

Installation and maintenance. The plantings that constitute required buffering and landscaping shall be properly installed and maintained in order to fulfill the purpose of which this section is established. Plant species shall be recommended for healthy growth under local climate conditions, not of a type highly prone to disease, and be of a type expected to be grown in a manner which will satisfy the spirit and intent of this section. Plant materials shall be planted in accordance with generally recommended and accepted planting and growing practices. The owner of the property and any tenant on the property where buffering and landscaping are required shall be jointly and severally responsible for the maintenance of all required landscaped materials. Such maintenance shall include all actions necessary to keep the buffered and landscaped areas free of litter and debris; keep plantings healthy; keep growth from interfering with safe vehicular or pedestrian travel, or use of parking areas, or from creating any nuisances to adjoining properties; and keep walls, fences and berms in good repair and neat in appearance. Any vegetation that constitutes a required screen or landscaped area shall be replaced if it dies. All buffering and landscaping material shall be protected from damage.

(d)

Relief requirements.

(1)

The code enforcement officer may waive certain portions of this section when he determines that unusual topography or elevation of a development site or the location or size of the parcel to be developed would make strict adherence to the requirements of this section and serve no meaningful purpose or would make it physically impossible to install or maintain the required screening.

(2)

The code enforcement officer may alter the requirements of this section if he determines that screening devices already exist and/or the location and/or the size of the parcel involved creates a situation whereby the installation of the required plantings would serve no useful purpose, or where a variation to the amount and/or type of screening or landscaping required would serve equally effectively as that which is required, provided that the spirit and intent of this chapter are maintained. Such an alteration may occur only at the request of the developer, who shall submit a plan to the code enforcement officer showing existing site features and proposed screening and landscaping features. This section shall not be construed to categorically negate the necessity for establishing screening for uses which are adjacent to vacant properties.

(e)

Easements and rights-of-way. Any planting which is proposed to be placed in a general drainage and utility easement or in a street right-of-way must be approved by the town engineer.

(f)

Distance from roads and sidewalks. All trees shall be placed in the most feasible manner so as not to interfere with roadways, sidewalks or streetlights and shall not be planted closer than eight feet to a fire hydrant.

(g)

Distance from utilities. Any trees required by this section which are placed within 20 feet lateral distance from the centerline of an above-ground electric utility line (the line connecting pole centers) should have a maximum expected maturity height as follows:

(1)

Zero to ten feet lateral distance of the centerline, 15-foot maximum expected maturity height; and

(2)

Greater than ten feet and up to 20 feet lateral distance of the centerline, 25-foot maximum expected maturity height. Outside such 20 feet lateral distance, trees should be placed in the most feasible manner to avoid future conflict with above-ground electric utilities and violations of the National Electrical Safety Code, and to avoid conflict with any below-ground utilities and drainage facilities. Variations to such distance requirements may be made with the approval of the town engineer.

(h)

Additional landscaping. Any tree or planting required as provided in this section shall stand alone and shall not be counted toward meeting the requirements for any other section.

(i)

Where screening required. Screening shall be required under the following circumstances:

(1)

Screening between residential and nonresidential uses shall be required when a nonresidential use abuts a residential use. Screening shall be provided on the nonresidential use lot at the time such lot is developed, initially or otherwise.

(2)

Where a multifamily development abuts a residential zoning district, level 1-A screening shall be required on the lot developed for multifamily purposes.

(j)

Screen and buffer strip standards. Required screening may be in the form of natural plantings, planted berms, walls and/or fences. Screening, however, shall be encouraged in the form of natural plantings. Existing plantings may be used, in whole or in part, to satisfy the requirements of this section. Screening in the form of a planted berm, wall or fence may be used, provided that such structures comply with all other applicable subsections of this section.

(1)

Wall and fence standards. Fences shall be constructed in a durable fashion, with weather-resistant wood, and be of a consistent pattern. All materials used in the construction of a fence shall be designed and intended for such use. Notwithstanding the foregoing, the code enforcement officer may approve a buffer fence constructed of other materials, provided the materials and finish used will generally provide the same degree of opacity, durability and aesthetic compatibility as weather-resistant wood. The finished side of all walls or fences shall face the common property line boundary. No wall or fence used as a part of a screen shall be less than six feet, nor more than eight feet in height, above grade. All walls or fences used for screen purposes shall generally be opaque at a distance of ten feet.

(2)

Berm standards. All berms shall be planted with both shrubs and ground covers so as to leave no bare earth. All shrubs shall be a species that can be expected to materially screen the development site within five years of planting. The slope of a berm shall be of a grade so that it is suitable for maintenance and soil stability, while taking into consideration the type of plantings and ground cover that will be utilized, but in no case shall a berm be less than three feet in height. The use of Pueraria lobata (kudzu) for berm ground cover is not permitted, nor are any other nuisance vining plants that have a tendency to spread to other properties.

(3)

Natural planting standards. Where natural plantings are used, a buffer strip, in accordance with figure 12A, in subsection (l) of this section, shall be planted. Such area shall be free of all encroachments by structures, parking areas or other impervious surfaces. The amount and type of buffer materials to be planted per 100 feet shall be as indicated in figure 12B, in subsection (l) of this section. A fractional number of trees or shrubs of 0.5 and above shall be increased to the next whole number.

(k)

Screening location.

(1)

With the exception of screening required for open storage, any screening required by this section shall be located along the side and/or rear property lines of the lot containing the use subject to screening. If screening is required along the right-of-way, it shall be located behind such right-of-way. In addition, where a private driveway intersects a street, visibility shall be maintained within a site distance triangle formed by joining two points located 20 feet from the intersection with the driveway and 30 feet from the intersection with the street.

(2)

No structure, other than a mailbox, wall, fence, sidewalk or driveway, shall be permitted within a required screen area. No off-street parking may be permitted within any required screen area. Where plant materials are required, the required amount shall be installed on the side of any wall or fence opposite the new development unless a waiver of such requirement is granted.

(l)

Required screening levels. The amount and type of screening to be provided as a minimum, is as shown in figures 12A and 12B as follows:

FIGURE 12A. REQUIRED BUFFER LEVELS

	Office and Institutional	Business	Industrial
Residential uses*	Level 1	Level 2	Level 3**

 

Level of required screening between a residential use and nonresidential use.

An industrial use adjoining a residential use may reduce the buffer level from a level 3 to a level 2 if no structure is located within 100 feet of the adjoining property line in question and if no external apparatus or loading dock facilities are visible from the residential use or property line.

FIGURE 12B. REQUIRED BUFFER LEVELS

	Level 1A (feet)	Level 1 (feet)	Level 2 (feet)	Level 3 (feet)
Minimum buffer width*	10	12	22	30
Canopy	4	3	5	5
Understory	N/A	3	4	6
Shrubs**	12	20	40	50
Minimum buffer width planting and wall or fence*	N/A	6	12	20
Canopy	N/A	4	3	3
Understory	N/A	4	3	4
Shrubs**	N/A	15	22	30
Minimum buffer width plantings and berm*	N/A	10***	14***	20***
Canopy	N/A	2	3	3
Understory	N/A	2	3	4
Shrubs**	N/A	18	30	35

 

Amount and type of plant material per 100 linear feet.

All shrubs are to be of a screening variety.

Includes the width of the berm.

(Code 2003, § 30-241; Ord. No. 02-21, § 1(19.91), 6-20-2002; Ord. No. 11-09, § 3, 11-17-2011)