It is the purpose of this Article to provide landscape improvements and buffers which enhance a community's environmental and visual character and minimize harmful impacts between incompatible uses. It is also the intent of these regulations to encourage the protection and provision of trees through responsible land development practices. Vegetation can improve air and water quality, reduce soil erosion, reduce noise and glare, lessen visual pollution, establish a greater sense of privacy from visual or physical intrusion, and enhance property values, thus protecting the health, safety, and welfare of the community.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

The City Administrator or his/her designee is authorized to prepare administrative procedures, guidelines, application forms, to tend to other administrative details not inconsistent with the provisions of this chapter, and to implement and enforce the provisions of this chapter.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Berm means an earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise.

Buffer means a combination of physical space and vertical elements, such as plants, berms, fences or walls, the primary purpose of which is to separate and screen incompatible land uses from each other. A buffer is a portion of a lot set aside for open space or screening for the purpose of shielding or blocking noise, light, glare, view, or other nuisances; blocking physical passage to dangerous areas; or to reduce air pollution, dust, dirt and litter where such screening is necessary to achieve the desired level of buffering between various activities.

Critical root zone (CRZ) means the minimum area beneath a tree which should be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The CRZ is represented by a concentric circle centering on the tree's trunk with a radius equal in feet to 1.3 times the number of inches of the trunk diameter measured 4.5 feet above the ground (dbh diameter breast height). Example: The CRZ radius of a 20-inch diameter tree is 26 feet.

Deciduous means a plant with foliage that is shed annually.

Diameter breast height (DBH) means the standard measure of tree size for those trees existing on a site that are at least four-inch caliper at a height of 4.5 feet above the ground. If a tree splits into multiple trunks below 4.5 feet, then the trunk is measured at its most narrow point beneath the split.

Evergreen means a plant with foliage that persists and remains green year-round.

Fence means an artificially constructed barrier of any materials or combination of materials erected to enclose or screen areas of lands. A privacy fence is one that is solid and of a height designed to effectively limit visibility.

Frontage means the length of a property abutting a street, or the length of a building fronting a street.

Ground cover means living material planted in such a way as to form an 80 percent or more ground cover at the time of planting and a continuous cover over the ground that can be maintained at a height of not more than 18 inches.

Hedge means an evenly spaced planting of shrubs that forms a compact, dense, visually opaque living barrier. Hedges inhibit passage or obscure views.

Invasive species mean non-native species that can cause environmental or economic harm, or harm to public health.

Landscape plan means a graphic and written document containing criteria, specifications and detailed plans to arrange and modify the effects of natural features. A landscape plan consists of a site plan showing the boundaries of the property and the location of proposed plant materials, in relation to surroundings and improvements, along with a planting schedule and any additional specifications required by the arborist.

Landscaping means any combination of living plants, such as trees, shrubs, vines, ground covers, flowers, or grass, and which may include natural features such as rock, stone, bark chips or shavings, and structure features, including, but not limited to, fountains, pools, outdoor artwork, screen walls, fences or benches.

Natural area means an area containing natural vegetation that will remain undisturbed when the property is fully developed.

Perimeter landscaping means the use of landscape materials adjacent to the outer boundary of a parcel, or the outer boundary of a lease line, or the outer boundary of the developed area of a parcel.

Planning officer means the agent of the city having the primary responsibilities for administering and enforcing this article.

Retaining wall means a pressure-bearing structure used to hold a cut or fill in place.

Revegetation means the replacement of trees and landscape plant materials.

Screen means a method of reducing the impact of noise and unsightly visual intrusions with plants, berms, fences, walls or any appropriate combination thereof, to provide a less offensive or more harmonious environment in relation to abutting properties.

Shrub means a woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground and generally obtaining a height less than eight feet; a shrub may be deciduous or evergreen.

Street furniture means any accessory installments intended to make sidewalks and streetscapes more livable. Such installments include benches, planters, and trash receptacles.

Tree means any self-supporting, woody perennial plant usually having a single trunk diameter of three inches or more that normally attains a mature height of a minimum of 15 feet.

Woodland means a tract of land or part thereof dominated by trees but usually also containing woody shrubs, grasses and other vegetation.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

A landscaping plan prepared by a professional landscape architect shall be approved by the City Administrator or his/her designee prior to the issuance of a building permit, to demonstrate compliance with the provisions of this article, conditions of zoning, variance or conditional use approval, or other regulations of the City of Blue Ridge.

(b)

The landscape plan shall be to-scale, shall be based on an accurate boundary survey of the site or reasonable property description, shall be no greater than 20 by 24 inches, and shall include the following:

(1)

Delineation of all minimum yard areas, buffers, and landscape areas as required by the City of Blue Ridge Land Use Code, conditions of zoning, or variance or conditional use approval.

(2)

Location and general type of existing vegetation and trees;

(3)

Existing vegetation and trees to be saved;

(4)

All trees ten inches in DBH or greater to be removed (see also Sec. 140-385);

(5)

If replacement trees are proposed to be planted, the replacement trees shall be shown and their spacing and diameter identified, to the extent needed to achieve the minimum requirements;

(6)

Methods and details for protecting existing vegetation and trees during construction;

(7)

Locations and labels for all proposed plants/trees and a plant/tree list or schedule showing the proposed and minimum required quantities;

(8)

Location and description of other landscape improvements, such as buffers, earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and courts or paved areas;

(9)

Locations of proposed on-site underground utility lines;

(10)

Locations of other on-site and off-site utility lines. Indicate areas where trees can't be planted because of interference with existing or proposed utilities on public rights-of-way or easements and existing utilities on adjoining properties; and

(11)

Limits of land disturbance, clearing, grading, and trenching. Sec. 140-377. Buffers required.

(a)

Applicability.

(1)

Buffers shall be required as specified in this article or for particular uses when specified in any other article of this Zoning Ordinance.

(2)

The Blue Ridge City Council may establish minimum buffer requirements in situations other than those given in this article as a condition of zoning or as part of conditional use or variance approval.

(b)

Location.

(1)

Buffers shall be located on the outer perimeter of a lot or parcel along all lines adjoining dissimilar districts per Table 140-377, unless separated by an existing right-of-way. The buffer is normally calculated as parallel to the property line; however, design variations are allowed upon approval by the City Administrator or his/her designee.

(2)

Buffers shall not be located on any portions of existing, dedicated, or reserved public or private street rights-of-way. Buffers shall not be used for parking. A buffer area may be used for vehicular access and utility easements (only if such uses are provided approximately perpendicular to the greater distance of the buffer area) and for drainage improvements required by the city.

(c)

Buffer requirements by zoning district.

(1)

When two adjoining properties are in different zoning districts, the property within the more intensive district is required to provide the buffer type as indicated in Table 140-377.

(2)

When two adjoining vacant parcels are in different land use districts as indicated in Table 140-377, no buffer is required when the parcel in the less intensive district acquires a building permit.

(3)

Type I buffer requirement. The required buffer shall have not less than a 12-foot width and shall consist of plantings that meet the screening standards of section 140-378.

(4)

Type II buffer requirement. The required buffer shall have not less than a 15-foot width and shall consist of plantings that meet the screening standards of section 140-378.

(5)

Type III buffer requirement. The required buffer shall have not less than a 30-foot width and shall consist of plantings, plus a fence, wall (not otherwise a part of a structure), or berm, or any combination thereof that meet the screening standards of section 140-378.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

Screening is a method of visually shielding or obscuring one use from another by fence, walls, berms or densely planted vegetation. The following standards shall apply to required buffers.

(a)

Design standards.

(1)

Composition. All required screening shall consist of shrubs and/or trees but may be supplemented with walls, fences, or berms as provided by this section 140-378.

(2)

Density. A screen with year-round opacity shall be designed to obscure activities on a given lot from view from the normal level of a first story window on an abutting lot.

(4)

Natural preservation. The natural topography of the land shall be preserved and natural growth shall not be disturbed beyond that which is necessary.

(b)

Height requirements. The screen shall be opaque from ground level to a height of at least six feet.

(1)

Plantings. Plantings shall consist of evergreen shrubs and/or trees that will, in normal growth, obtain a height of six feet within three years. Such plantings shall be one of the following:

a.

Evergreen screening shrubs six feet high, planted four feet on-center.

b.

Tall evergreen trees stagger-planted with branches touching the ground.

c.

Combination of small shrubs planted 30 inches on-center, and small trees planted 30 feet on-center, and large trees planted 40 feet on-center.

(2)

Fences/walls. Fences/walls, as a screen, shall be a minimum of six feet in height and a maximum of eight feet high constructed of wood or masonry materials. Chain link may be substituted as a material provided it affords a minimum of 90 percent opacity. Fences/walls shall be placed on the outer edge of the buffer nearest the least intensive land use.

(3)

Berms. Earthen berms shall have a minimum height of six feet, unless otherwise specified. Landscaping upon the buffer is desirable.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

The responsibility for maintenance of a required buffer shall remain with the owner of the property. Maintenance is required to ensure the proper functioning of a buffer as a landscaped area which reduces or eliminates nuisance and/or conflict. The owner, occupant, tenant and respective agent shall be jointly and severally responsible for installing live and healthy plants. Any required plant which has died or been removed due to disease following the plantings shall be replaced.

(b)

Maintenance shall consist of mowing, removal of litter and dead plant materials, and necessary pruning. Natural watercourses within a buffer shall be maintained as free-flowing and free of debris, and shall not alter existing floodplains. Where trails are allowed within a buffer, they shall be maintained to provide for their safe use.

(c)

Failure to maintain. Failure to maintain such required fences and plants, to an acceptable standard may be deemed a violation of this chapter. In the event that the owner fails to maintain the buffer area according to the standards of this article, the city may, following 30 days' notice, demand that the maintenance deficiency be corrected and enter the buffer area to provide for maintenance. The cost of such maintenance shall be charged to those persons having the primary responsibility for maintenance of the buffer, and the cost borne by the city shall be enforceable against the property as a judgement lien.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

A minimum ten-foot landscape strip as measured from the right-of-way of the street inward shall be provided along the full length of any street frontage of any new multifamily or nonresidential development not located in the CBD district, in accordance with the following requirements.

(1)

Frontage landscape strips shall contain no structures, parking areas, patios, stormwater detention facilities or other accessory uses except for the following:

a.

Retaining walls or earthen berms constructed as part of an overall landscape design.

b.

Pedestrian-oriented facilities such as sidewalks and bus stops.

c.

Underground utilities.

d.

Driveways required in order to access the property.

e.

Signs otherwise permitted by the Zoning Ordinance.

(2)

One tree shall be provided within the frontage landscape strip for every 35 feet of length of street frontage, or portion thereof. Such trees may be deciduous or evergreen, but must be of a type that is suitable to local growing conditions and that will normally reach at least 12 inches at diameter breast height upon maturity. The tree must be selected from the "large trees" portion of the plant selection list under section 140-388. The expected mature height and canopy of the tree shall be appropriate to the area in which it is planted. The trees may be clustered for decorative effect following professional landscaping standards for spacing, location, and design. Trees, shrubs, or ground cover not contained within the list in section 140-388 may be approved by the City Administrator or his/her designee, provided that these trees, shrubs, and ground cover are not an invasive species.

(3)

The remaining portions of a frontage landscape strip shall be planted in a combination of shrubs from the plant selection list in section 140-388, and grass or ground cover from the plant selection list in section 140-388, except for those ground areas that are mulched or covered by permitted structures. Trees, shrubs, or ground cover not contained within the list in section 140-388 may be approved by the City Administrator or his/her designee, provided that these trees, shrubs, and ground cover are not an invasive species.

(4)

Upon planting, new trees shall have a caliper of no less than two and one-half inches, and may be clustered for decorative effect following professional landscaping standards for spacing, location, and design.

(5)

Plant materials in the frontage landscape strip are not to extend into the street right-of-way unless specifically allowed by the City Administrator or his/her designee.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

A minimum ten-foot side yard landscape strip shall be provided along any side lot line of new nonresidential and commercial development not located in the CBD district. The landscape strip is to extend from the front principal building setback line to the rear of the property (unless a buffer is required along the side lot line).

(1)

Side yard landscape strips shall contain no structures, parking areas, patios, stormwater detention facilities or any other uses except for the following:

a.

Retaining walls or earthen berms constructed as part of an overall landscape design.

b.

Underground utilities.

c.

Driveways required to access neighboring property.

(2)

All portions of a side yard landscape strip shall be planted in trees, shrubs, and grass or ground cover specified in the plant selection list in section 140-388. Species shall be selected with the guiding principle that the mature plant height and canopy are appropriate to the site. Trees, shrubs, or ground cover not contained within the list in section 140-388 may be approved by the planning officer, provided that these trees, shrubs, and ground cover are not an invasive species.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

Deciduous shade trees shall be provided within any new parking lot designed or intended to accommodate ten cars or more in accordance with the requirements of this section.

(1)

One deciduous shade tree shall be provided within the parking lot for every ten spaces, or portion thereof. Each tree shall be located within the parking lot in reasonable proximity to the spaces for which the tree was required. Trees provided to meet the minimum requirements of any landscape strip or buffer may not be counted toward this requirement.

(2)

A landscaping island shall be located at the end of every parking bay between the last parking space and an adjacent travel aisle or driveway. The island shall be no less than eight feet wide for at least one-half the length of the adjacent parking space. The island shall be planted in trees, shrubs, grass, or ground cover.

(3)

Tree planting areas shall be no less than ten feet in width and shall provide at least 400 square feet of planting area per tree. No tree shall be located less than 2½ feet from the back of the curb. All parking lot landscape islands shall be curbed with minimum six-inch-high vertical curbs.

(4)

Landscaping islands and tree planting areas shall be well-drained and contain suitable soil and natural irrigation characteristics from the planting materials they contain.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

For existing developments and parking facilities, expansions in gross floor area (GFA) or parking spaces will trigger landscaping requirements based on threshold expansion values.

(1)

Building expansions.

a.

When a building expansion increases GFA at least ten percent but no more than 25 percent, then, at the option of the applicant, the entire property shall comply either with the frontage landscape strip requirements or the parking lot trees requirements.

b.

When a building expansion increases GFA more than 25 percent, then the entire property shall comply with the street yard requirements, and any of the expanded parking lot portions shall comply with the parking lot landscaping requirements.

(2)

Parking lot expansions. With an expansion of at least ten spaces, the expanded portion of the parking lot shall comply with the landscaping requirements.

(3)

Where both building expansion and parking lot expansion requirements are applicable, the building expansion requirements shall supersede.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

Landscaping shall not restrict the visibility of motorists or pedestrians (such as tall shrubs or low-lying branches of trees).

(b)

Trees must have a clear trunk at least six feet above the finished grade to allow a safe clearance beneath the tree.

(c)

Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not substantially obstruct the view of any street intersection and so that there shall be a clear space of 13 feet above street surface or eight feet above the sidewalk surface. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs that constitute a menace to the safety of the public. The City shall have the right to prune any tree or shrub on private property when it interferes with visibility of any traffic control device or sign or line of sight.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

In the land development process, no more than 75 percent of the mature, healthy, existing trees ten inches DBH or greater shall be cut, damaged, or destroyed. Provided, however, that additional trees may be removed upon approval by the City Administrator or designee if a minimum of three 2½-inch caliper tree or larger is planted and maintained for three years for each one tree removed in excess of ten inches DBH.

(b)

See Sec. 140-376 for required information to be submitted with a landscape plan to ensure compliance with this section.

(c)

During excavation, filling, construction, or demolition operations, each tree or stand of trees to remain on the property shall be protected against damage to bark, roots, and low hanging branches with a fence enclosing the critical root zone. Fencing shall be either plastic construction area fencing, silt fencing, or high visibility surveyors' tape on one-inch by two-inch posts.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

(a)

Prohibited actions. Except as hereinafter provided, it shall be unlawful for any person to:

(1)

Cut, prune, injure or remove any living tree on or in a public highway, right-of-way, neutral ground, public park, public place, triangle, sidewalk, or other public property;

(2)

Cut or disturb or interfere in any way with the roots of any tree on public property;

(3)

Place any wire, rope, sign, poster, barricade, decoration or other fixture on a tree or tree guard on public property;

(4)

Injure, misuse or remove any device placed to protect any such tree;

(5)

Pile building material or other material about any tree, plant or shrub in a street in any manner that will in any way injure such tree, plant or shrub;

(6)

Pave or place gravel, soil or other such material within 12 feet of any tree on public property, unless approved by the City Administrator;

(7)

Spray with any chemical insecticide or herbicide or other oils or whitewash any tree on public property;

(8)

Dump, pour or spill any oil, herbicide, insecticide or other deleterious matter upon any tree or tree space in any street or within the critical root zone of any tree, or keep or maintain upon any street, any receptacle from which oil or herbicide, pesticide or other deleterious matter leaks or drips, or said material onto any parking or concrete gutter so as to injure any tree on any public property; or

(9)

Use the rights-of-way, parks, sidewalks, or public places to dump grass clippings, tree trimmings, rocks or refuse of any nature.

(b)

Exceptions.

(1)

Public utility companies and government agencies conducting operations on public and utility rights-of-way and easements or on sites for electric power substations and similar facilities, which operations are for the purpose of assuring uninterrupted utility and governmental services and unobstructed passage on public streets;

(2)

Any person or firm not associated with work identified under subsection (1) above may be authorized to prune, treat, or remove street or park trees or trees within a public right-of-way upon applying for and procuring a permit from the city. Before any permit shall be issued for any tree work on public property, each applicant shall first file evidence of possession of liability insurance in the minimum amounts of $300,000.00 for bodily injury and $100,000.00 for property damage indemnifying the city or any person injured or damage resulting from the pursuit of such endeavors as herein described.

(3)

It may become necessary, from time to time, for emergency crews to prune or remove trees to provide for public safety or restore phone or electrical service. Such an action may be conducted by government, emergency or utility crews without permit so as to allow immediate action to prevent damage or correct a condition which may pose a hazard to life or property. The City Administrator shall be notified of any such action within 24 hours of the action being initiated, by the entity taking such action, for each instance of action.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

Nothing contained in this article shall be deemed to impose any liability upon the city, its officers or employees, nor to relieve the owner of any private property from the duty to keep any tree, shrub or plant upon any street tree area on his property or under his control in such condition as to prevent it from constituting a hazard or an impediment to travel or vision upon any public property or right-of-way or public place within the city.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)

The following tables list ground cover, vines, shrubbery, and trees considered suitable for growing as native species in the Blue Ridge area.

(Ord. No. BR2023-20, § 2(Exh. B), 8-15-2023)