AN ORDINANCE TO AMEND
THE ZONING ORDINANCE
OF THE TOWN OF BISCOE
WHEREAS, pursuant to N.C Gen. Statute 160A-381, as amended and for the purpose of promoting the health, safety, morals, or general welfare of the inhabitants of the Town by lessening congestion in and around the streets; securing safety; preventing the overcrowding of land; avoiding undue congestion; and facilitating the adequate provision of transportation,
NOW, THEREFORE, BE IT ORDAINED by the Board of Commissioners of the Town of Biscoe that the Zoning Ordinance, of the Town of Biscoe be amended as follows:
Section 1.
DELETE Section 14 – BUFFERS in its entirety.
Section 2.
ADD Section 14 - LANDSCAPING, SCREENING, AND BUFFERS as follows:
14.1 Purpose and Scope.
The landscaping, screening, and buffer regulations, adopted and prescribed in this Ordinance, are found by the Board of Commissioners to be necessary and appropriate to:
A. Maintain and enhance Biscoe’s existing tree coverage;
B. To promote careful landscaping of outdoor areas;
C. To soften and enhance the manmade environment;
D. Provide the separation necessary to permit certain land uses to coexist harmoniously which might not do so otherwise;
E. Safeguard and enhance property values and protect public and private investment;
F. Reduce the negative impact of glare, noise, trash, odors, overcrowding, traffic, lack of privacy, and visual disorder when incompatible land uses adjoin one another.
BERM. An earthen mound designed to provide visual interest, screen undesirable views, and/or decrease noise.
BUFFER. A combination of open space, landscape areas, fences, walls, and berms used to physically separate or screen one use of property from another so as to visually shield or block noise, lights, or other nuisances. Buffers typically represent horizontal distances between uses, which provide functional separation.
CALIPER. Diameter measurement of a tree trunk taken at six inches above ground level for trees up to and including trees four (4) inches in caliper. For larger trees, measurement of caliper shall be taken twelve (12) inches above ground level.
CANOPY TREE. A species of tree which normally grows to a mature height of thirty-five (35) feet or more with a minimum mature crown width of thirty (30) feet and meets the specifications of the American Standards for Nursery Stock published by the American Association of Nurserymen.
CRITICAL ROOT ZONE. The rooting area of a tree established to limit root disturbance, generally defined as a circle with a radius extending from a tree’s trunk to the furthest point of the crown’s drip line.
DECIDUOUS. A plant with foliage that is shed annually.
DRIP LINE. An imaginary vertical line extending form the outermost portion of the tree’s canopy to the ground.
EVERGREEN. A plant with foliage that persists year-round.
GROUND COVER. Any plant material that reached an average height of not more than twelve (12) inches.
INTERIOR LANDSCAPING. Landscaping required within the parking lot perimeters, including the planting islands, curbed areas, corner lots, parking spaces, and all interior driveways and aisles, except those with no parking spaces to either side.
LANDSCAPING. Any live plant material such as trees, shrubs, ground cover, and grass used in spaces void of any impervious material or building structure and areas left in their natural state.
PLANTING YARD. Area where required plantings are located.
ROOT PROTECTION ZONE. Generally 18 to 24 inches deep at a distance from the trunk equal to one-half of its height or to its drip line, whichever is greater.
SCREEN. A method of visually shielding or obscuring one abutting or nearby structure from another by fencing, walls, berms, or densely planted vegetation. Screens are typically vertical objects providing visual separation.
SHADE TREE. Usually a deciduous tree, rarely an evergreen, planted primarily for its high crown of foliage or overhead canopy.
SHRUB. A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground; may be deciduous or evergreen.
TREE. A large, woody plant having one or several self-supporting stems or trunks and numerous branches. May be classified as deciduous or evergreen.
UNDERSTORY TREE. A species of tree which normally grows to a mature height of fifteen (15) to thirty-five (35) feet in height and meets the specifications of the American Standards for Nursery Stock published by the American Association of Nurserymen.
(A) Exemptions: These requirements shall not apply to:
(1) Single family detached dwellings or two-family dwellings on their own lots;
(2) Multi-family developments containing four (4) or fewer dwelling units in a single zone (building) lot;
(3) Property lines abutting railroad rights-of-way and utility easements in excess of sixty (60) feet in width; and
(B) Application: These requirements shall apply to the following:
(1) New Principal Building or Use: Principal buildings or open uses of land constructed or established after the adoption of this Ordinance.
(2) Expansions or Reconstruction: Expansions which will result in a parking or building square footage increases of more than three thousand (3,000) square feet for developments existing on the effective date of this Ordinance. In such cases the landscaping requirements shall apply only to the expansion.
14.4 Planting Yards.
(A) Required Planting Areas: The following areas are required to be landscaped:
(1) Street planting yards;
(2) Parking lots (excluding vehicle loading, storage, and display areas); and
(3) Planting yards.
(B) Planting Area Descriptions:
(1) Street Planting Yard: A planting area parallel to a public street designed to provide continuity of vegetation along the right-of-way and a pleasing view from the road. No more than fifteen (15%) percent of the street planting yard may be used for walkways or signs. Parking, merchandise display and off-street loading are prohibited in the street planting yard. See "Street Planting Yard" figure in the appendix.
(2) Parking Lot Plantings: Planting areas within and adjacent to parking areas designed to shade and improve the attractiveness of large areas of pavement. See “Parking Lot Plantings” illustration in the appendix for possible arrangements.
(3) Type A Planting Yard: A high density screen intended to substantially block visual contact between adjacent uses and create spatial separation. A Type A Planting Yard reduces lighting and noise that would otherwise intrude upon adjacent uses. See "Planting Yard Type A & B" figure in the appendix.
(4) Type B Planting Yard: A medium density screen intended to partially block visual contact between uses and create spatial separation. See "Planting Yard Type A & B" figure in the appendix.
(5) Type C Planting Yard: A low density screen intended to partially block visual contact between uses and create spatial separation. See "Planting Yards Type C & D" figure in the appendix.
(6) Type D Planting Yard: A peripheral planting strip intended to separate uses, provide vegetation in densely developed areas and enhance the appearance of individual properties. See "Planting Yards Type C & D" figure in the appendix.
14.5 Planting Yard Determination.
To determine the planting yards required by this Ordinance, the following steps shall be taken:
(A) Identify the classification of the proposed or expanded land use and of any existing or proposed adjacent land use(s) by using the Planting Yard matrix below: A land use becomes existing on an adjacent property when a building permit is issued. If a lot contains uses with different land use classifications, select the more intense use (i.e. Industrial if the property contains both office and industrial uses), then
(B) Using the Planting Yard Matrix determine the appropriate letter designation for each planting yard, then
(C) Match the letter designation obtained from the Planting Yard Matrix with the Planting Rate Chart below to determine the types and numbers of shrubs and trees required.
|
|
Existing Adjacent Use |
|||||||
|
|
SF |
TF |
EI |
OF |
CM |
MF |
IND |
Undeveloped |
|
Proposed Use |
|
|
|
|
|
|
|
|
|
Single-Family (SF) |
* |
* |
* |
* |
* |
* |
* |
* |
|
Two-Family (TF) |
* |
* |
* |
* |
* |
* |
* |
* |
|
Educational/Institutional (EI) |
B |
B |
D |
D |
D |
B |
D |
D |
|
Office (OF) |
B |
B |
D |
D |
D |
D |
D |
D |
|
Commercial (CM) |
B |
B |
D |
C |
D |
A |
D |
D |
|
Multi-Family (MF) |
B |
C |
D |
D |
D |
D |
D |
D |
|
Industrial (IND) |
A |
A |
B |
B |
C |
A |
D |
D |
* No Planting Yard Required
PLANTING YARD RATE CHART |
||||||
|
Yard Type |
Minimum Width (ft.) |
Min.Avg. Width (ft.) |
Maximum Width (ft.) |
Planting Yard Rates |
||
|
Canopy Tree Rate |
Understory Tree Rate |
Shrub Rate |
||||
|
Street Yard |
8 |
8 |
25 |
2/100 lf b |
NA |
17/100 lf |
|
Type A Yard |
40a |
50a |
75 |
4/100 lf/oc |
10/100 lf/oc |
33/100 lf/oc |
|
Type B Yard |
25a |
30a |
50 |
3/100 lf |
5/100 lf |
25/100 lf |
|
Type C Yard |
15a |
20a |
40 |
2/100 lf |
3/100 lf |
17/100 lf |
|
Type D Yard |
5 |
5 |
10 |
- |
2/100 lf |
18/100 lf |
|
Parking Lot |
NA |
NA |
NA |
1/12 parking spaces |
NA |
NA |
|
lf = linear feet; oc = on center
NOTE: On Lots of Record less than fifty-five thousand (55,000) square feet in area, no development shall be required to place required landscaping on greater than fifteen percent (15%) of the site. |
||||||
14.6 Landscaping Design and Maintenance Standards.
(A) Calculation of Street Planting Yards: Street planting yard rate and width calculations shall exclude access drives.
(B) Plant Species: Species used in required street planting yards, parking lots and planting yards shall be of a locally adapted nature. Refer to the recommended plant species list in the appendix. Other species may be approved by the Zoning Administrator.
(C) Dimension of Planting Areas: Each planting area containing trees, including those located in parking lots, shall have a minimum inside dimension of seven (7) feet and be at least two hundred (200) square feet in area.
(D) Grouping: For the Type B, C, and D planting yards, shrubs and trees may be grouped or clustered; however, not more than fifty (50%) percent of each required plant material may be grouped or clustered. The remainder of the materials shall be distributed throughout the planting yard. There shall be at least one row of evergreen shrubs or evergreen understory trees in all Type A planting yards.
(E) Parking Lot Spacing: Required canopy tree areas shall be distributed throughout parking lots and shall be located within or adjacent to parking lots as tree islands, at the end of parking bays, medians, or between rows of parking spaces. See "Parking Lot Plantings" figure in the appendix.
(F) Canopy Tree Size: Canopy trees must be a minimum of eight (8) feet high and two (2) inches in caliper, measured six (6) inches above grade, when planted. When mature, a canopy tree should be at least thirty-five (35) feet high and have a crown width of thirty (30) feet or greater.
(G) Understory Tree Size: Understory trees must be a minimum of four (4) feet high and one (1) inch in caliper, measured six (6) inches above grade, when planted.
(H) Shrub Size: All approved shrubs shall be installed at a minimum size of eighteen (18) inches, spread or height and are expected to reach a minimum height of thirty-six (36) inches, and a minimum spread of thirty (30) inches within three (3) years of planting.
(I) Berms: Berms may be used in an alternate planting plan as a substitute for some plant materials, subject to approval of the Zoning Administrator.
(J) Wall Planters: Wall planters shall be constructed of masonry, stone, or pressure treated lumber stamped for ground contact. The minimum height of the wall planter shall be thirty (30) inches. The minimum height of shrubs in the wall planter shall be six (6) inches. The effective planting area of the wall planter shall be four (4) feet in width. If the wall planter is to contain trees, the effective planting width shall be seven (7) feet.
(K) Encroachments Permitted in Required Planting Yards: The following are permitted in required planting yards provided the landscaping requirements are met and there is no interference with any sight area:
(1) Landscaping features, including but not limited to ornamental pools, planting boxes, sculpture, arbors, trellises, and birdbaths.
(2) Pet shelters, at-grade patios, play equipment, outdoor furniture, ornamental entry columns and gates, flagpoles, lampposts, address posts, HVAC equipment, mailboxes, outdoor fire places, public utility wires and poles, pumps, wells, fences, retaining walls, or similar structures.
(3) Cornices, steps, canopies overhanging eaves and gutters, window sills, bay windows or similar architectural features, chimneys and fire places, fire escapes, fire balconies, and fire towers may project not more than two and one-half (2 1/2) feet into any required planting yard, but in no case shall be closer than three (3) feet to any property line.
(4) Permanent runoff control structures.
(L) Fence Location Within Required Planting Yards: The setback of fences within a required planting yard shall be subject to the approval of a landscaping plan.
(M) Setback Less than Planting Yard: If the required building setback is less than the required planting yard, the building setback shall control, reducing the required planting yard width only alongside the building. The planting rate of the required planting yard shall still apply.
(N) Location of Planting Material Outside Shade of Building: Where a building is located less than ten (10) feet from a property line, and the planting yard would be heavily shaded by buildings on both sides of the property line, the required trees and shrubs may be planted outside the shaded area to improve survivability.
(O) Obstructions: Landscaping shall not obstruct the view of motorists using any street, driveway or parking aisle.
(P) Location: Required trees and shrubs shall not be installed in street rights-of-way. Required trees and shrubs may be placed in water quality conservation easements. Required trees and shrubs may be planted in electric utility easements below overhead lines and in drainage maintenance and utility easements by approval of the Zoning Administrator.
(Q) Plant Protection: Whenever planting areas are adjacent to parking lots or drives, the planting areas shall be protected from damage by vehicles, lubricants or fuels through the use of wheel stops, curb and gutter, or other approved parking barrier.
(R) Maintenance: The owner is responsible for maintaining all required plant materials and planting areas in good health and appearance. Any dead, unhealthy or missing plants must be replaced within one-hundred and eighty (180) days with vegetation which conforms to the initial planting rates and standards. When plant material is severely damaged due to unusual weather conditions or other acts of God, the owner shall have two (2) years to replant.
(S) Water Wise Planting Techniques: The following soil preparation techniques shall be used for all required landscape areas.
(1) Soil preparation for the entire landscaped planting yard includes the addition of organic amendments tilled to a depth of eight (8) to twelve (12) inches.
(2) All plantings in the landscape yards shall be mulched, including interior parking lot islands less than five hundred (500) square feet to a depth of three (3) to four (4) inches. The mulch shall be free of trash and maintained weed free thereafter.
(3) Earthen basins are constructed around the installed plants.
(4) Plants, as permitted by this Ordinance, are grouped together where possible.
(5) For establishment and survival, plants shall be watered in the first year of planting.
(T) Irrigation: It is suggested that drip irrigation, which includes drip misters, be used for required landscaping planting beds during the required establishment period. After establishment, supplemental watering can be reduced and used on an as needed basis. Traditional spray irrigation is discouraged except for turf areas.
(U) Pruning: All required trees shall be allowed to reach their mature size and shall be maintained at their mature size. Trimming and pruning shall be done in strict accordance with the American National Standards Institute (ANSI) standards. Topping is not an acceptable pruning practice. Topping is the reduction of a tree's size using heading cuts that shorten limbs or branches back to a predetermined crown limit. The Zoning Administrator may require the removal and replacement of any tree(s) that have been topped or excessively trimmed.
(V) Unoccupied Lot Areas: All areas of a developed lot not occupied by buildings, structures, pedestrian and vehicle circulation areas, off-street parking, and outside storage areas shall be appropriately improved with ground cover, trees, shrubbery or mulch. No exposed soils shall be permitted after issuance of the Certificate of Occupancy, except for agricultural activities or extraction of earth products.
(W) Outdoor Storage Areas: Any outdoor storage area not screened from any public or private street by an intervening building built after the adoption of this ordinance with a linear dimension of (15) feet or greater shall be screened from view from any street right-of-way or vehicular right-of-way including controlled access to the site, for its entire length except for necessary access. Outdoor storage area screening shall be provided as specified in either of the conditions below or as a combination of the two conditions:
(1) Fencing: A fence or wall may be used to screen an outdoor storage area. The fence or wall shall be at least six (6) feet in height, opaque and of masonry, stone or wooden material, or of the same material as that of the principal building.
(2) Plantings: Natural evergreen plant materials may also be used to screen an outdoor storage area. The minimum height of plant material shall be six (6) feet at time of installation. The spacing of the planting shall be in a double row configuration, staggered, with five (5) foot spacing between the centers of the main trunks.
14.7 Trash/Dumpster Areas.
All trash containment devices, including compactors and dumpsters, shall be located and designed so as not to be visible from the view of adjacent streets and properties. If the device is not visible from off the site, then it need not be screened. All trash containment areas shall meet the following standards:
(A) All trash containment areas shall be enclosed to contain windblown litter.
(B) The enclosure shall be at least as high as the highest point of the compactor or dumpster.
(C) The enclosure shall be made of a material that is opaque at the time of installation and compatible with design and materials of the principal building.
(D) All compactors and dumpsters shall be placed on a concrete pad that is large enough to provide adequate support, and allow for positive drainage.
(E) The enclosure shall contain gates to allow for access and security.
(F) The dumpster or compactor shall be accessible to the handicapped.
14.8 Procedures.
(A) Landscaping Plan Required: Prior to obtaining a building permit, an applicant must receive approval of a landscaping plan from the Zoning Administrator.
(B) Installation of Plant Materials
(1) Installation of plant material shall occur prior to the issuance of a Certificate of Occupancy.
(2) If at the time of a request for a Certificate of Occupancy, the required planting areas are not complete and it can be determined that:
a. plant materials are unavailable,
b. completion of the planting areas would jeopardize the health of the plant materials, or
c. weather conditions prohibit completion of the planting areas, then the installation of plant materials may be deferred by the Zoning Administrator. The developer shall submit a copy of a signed contract for installation of the required planting areas and may be required to post a surety equal to the amount of the contract. In no instance shall the surety be for a period greater than one-hundred and eighty (180) days. The Zoning Administrator may issue a Temporary Certificate of Occupancy but shall not issue a Certificate of Occupancy until the planting areas have been completed and approved.
14.9 Alternate Methods of Compliance.
(A) General Provisions
(1) Alternate landscaping plans, plant materials or planting methods may be used where unreasonable or impractical situations would result from application of landscaping requirements. Such situations may result from utility easements, streams, natural rock formations, topography, lot configuration, or where other physical conditions exist, or where other site conditions exist such as unified development design.
(2) The Zoning Administrator may approve an alternate plan, which proposes different plant materials, planting yard widths, or methods provided that quality, effectiveness, durability and performance are equivalent to that required by this Ordinance.
(3) The performance of alternate landscaping plans must be reviewed by the Zoning Administrator to determine if the alternate plan meets the intent and purpose of this Ordinance. This determination shall take into account the land uses on adjacent property, number of plantings, species, arrangement and coverage, location of plantings on the lot, and the level of screening, height, spread, and canopy of the plantings at maturity.
(4) Decisions of the Zoning Administrator regarding alternate methods of compliance may be appealed to the Board of Adjustment.
(B) Lot of Record Provisions: For lots less than one hundred (100) feet in width the following provisions may be applied:
(1) For lots less than one hundred (100) feet and greater than eighty (80) feet in width where Type D Planting Yards are required, one (1) Type D planting yards may be eliminated from the landscaping plan if the Zoning Administrator finds that strict application of the requirements of this Section prevents reasonable use of the property. However, the plantings required for this yard shall be installed in remaining planting yards.
(2) For lots less than eighty (80) feet in width where Type D planting yards are required, two (2) Type D planting yards may be eliminated from the landscaping plan if the Zoning Administrator finds that strict application of the requirements of this Section prevents reasonable use of the property. All required plants for these yards shall be installed in remaining planting yards.
14.10 Provisions for Preservation of Existing Trees.
(A) General: Any existing tree or group of trees which stands within or near a required planting area and meets or exceeds the standards of this Ordinance may be used to satisfy the tree requirements of the planting area. The protection of tree stands, rather than individual trees, is strongly encouraged.
(B) Protection of Existing Trees: To receive credit, trees must be protected from direct and indirect root damage and trunk and crown disturbance. The following standards shall apply:
1. The protected area around trees shall include all land within the canopy drip line.
2. Construction site activities such as parking, material storage, soil stock piling and concrete washout shall not be permitted within tree protection areas.
3. Protective fencing shall be installed around tree protection areas prior to any land disturbance. Such fences shall be at least four (4) feet high and may consist of snow fence or polyethylene safety fencing. Fencing shall remain in place until construction is complete and other landscaping has been installed.
(C) Dead or Unhealthy Trees: No credit will be allowed for any dead tree, any tree in poor health or any tree subjected to grade alterations. The death of any tree used for preservation credit shall require the owner to plant new trees equal to the number of credited trees.
(D) Rate of Credit: Credits shall be allowed at the rate of one canopy tree for every three (3) inches of circumference measured at four and one-half (4.5) feet above grade. Credits shall be subtracted from the total number of canopy and understory trees required in the same planting yard where the tree is located. In every case, however, there shall be at least one canopy tree for every fifty (50) linear feet of street planting yard, existing or planted.
14.11 Suggested Plant Materials List.
The suggested plant materials list includes common trees and shrubs suitable for use in the Biscoe area. Due to the individual site soil, moisture, and microclimate conditions, professional expertise should be sought to determine the appropriate plant materials for any particular development project.
(A) Canopy Trees (mature height: thirty-five (35) feet or greater):
Willow Oak Quercus phellos
Sugar Maple Acer sacchrum
Red Maple Acer rubrum
Scarlet Oak Quercus coccinea
Southern Magnolia Magnolia grandiflora
London Plane Tree Platanus acerfolia
River Birch Betula nigra
Japanese Zelkova Zelkova serrata
Tulip Poplar Liriodendron tulipifera
Pin Oak Quercus palustris
Black Gum Nyssa sylvatica
Littleleaf Linden Tilia cordata
White Oak Quercus alba
Japanese Scholartree Sophora japonicum
Gingko Gingko biloba
English Oak Quercus robur
Japanese Katsura Tree Cercidphyllum japonicum
Schumard Oak Quercus schumardi
Chinese Elm Ulmus parviflora
(B) Understory Trees (mature height: fifteen (15) to thirty-five (35) feet):
Yoshino Cherry Prunus yedonesis
Golden Raintree Koelreutria paniculata
Saucer Magnolia Magnolia soulangeana
Weeping Cherry Prunus subhirtilla pendula
Kwanzan Cherry Prunus serrulata ‘Kwanzan’
Yellowood Cladastris lutea
Ironwood Carpinus carolineana
Pistachio Pastachia chinensis
Redmond Linden Tilia Americana ‘Redmond’
American Holly Ilex opaca
Mountain Silverbell Halesia monticola
Sourwood Oxydendrum arboreum
Thornless Honeylocust Gleditisia triacanthos ‘Inermis’
Eastern Redbud Cercis Canadensis
Bradford Pear Pyrus calleryana ‘Bradford’
Mountain Ash Sorbis americana
Japanese Maple Acer palmatum
Japanese Dogwood Cornus kousa
Flowering Dogwood &n