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Brevard City Zoning Code

CHAPTER 8

TREE PROTECTION AND LANDSCAPING

8.1. Purpose and intent.

Tree protection and landscaping are as essential as the design of each individual building to the built urban form of the city. These requirements are therefore intended to aid in preserving ecological balance by contributing to the preservation of wildlife habitat, the promotion of natural diversity, air quality, groundwater recharge, energy conservation, and stormwater runoff, while reducing noise, glare, and heat.

The appropriate use of existing and supplemental landscaping enhances the aesthetic appearance of new development and blends new development with the natural landscape. The use of native evergreen and deciduous plant materials blend the built environment with new construction while maintaining the aesthetic character of the city.

Through the protection of trees and existing vegetation, the city encourages new development to be creative in design and placement of buildings, structures, parking and other impervious surfaces as to preserve natural features and to compliment the existing topography when practical.

Effective on: 1/1/1901

8.2. General provisions.

  • A.
    Maintenance of existing built and vacant lots: Every owner, occupant, agent or person in control of property shall cut down and remove from the property all weeds, grass, vines and other growth which endangers the property or any other property, or which is likely to burn. This requirement shall not require the clearance of surface water protection areas or the removal of significant or protected tree and shrub species.
  • B.
    Pre-construction conference: Prior to the commencement of any new development activities an on-site pre-construction conference shall take place with the developer and the administrator to review procedures for the protection and management of all protected landscape elements identified on the landscape protection plan.
  • C.
    Existing vegetation, fences, walls, and berms: The use of existing trees or shrubs to satisfy the landscaping requirements of this section is strongly encouraged. Existing significant vegetation within the landscaped area shall be preserved and credited toward standards for the type of perimeter landscaping required, unless otherwise approved by the City of Brevard at the time of site plan approval. Existing berms, walls, or fences within the landscaped area but not including chain link fencing, may be used to fulfill the standards for the type of perimeter landscaping required, provided that these elements are healthy and/or in a condition of good repair. Other existing site features within the required perimeter landscaped area which do not otherwise function to meet the standards for the required landscaping shall be screened from the view of other properties or removed, as determined during review and approval of the site plan.
  • D.
    Installation of new vegetation and other features: New plant material should complement existing vegetation native to the site. If existing significant vegetation and other site features do not fully meet the standards for the type of landscaping required, then additional vegetation and/or site features (including fences) shall be planted or installed within the required landscaping area. The use of indigenous, native and/or regionally grown species of trees, shrubs, vines, groundcovers and perennials is encouraged in order to make planted areas compatible with existing native habitats. The introduction of invasive-exotic species shall be prohibited (See subsection P. of this section for reference).
  • E.
    Grading and development in required landscape areas: The required landscaping shall not contain any development, impervious surfaces, or site features that do not function to meet these standards or that require removal of existing significant vegetation. No grading, development, or land-disturbing activities shall occur within this area if forest canopy, specimen trees, or significant vegetation exists within the buffer yard, unless approved by the administrator. If grading within a buffer yard is proposed, slopes of 3:1 or less are encouraged to ensure the proper transition of grades to the adjacent property and to facilitate landscaping and maintenance.
  • F.
    Easements and rights-of-way: Nothing shall be planted or installed within an underground or overhead utility easement or a drainage easement without the consent of the city and the easement holder at the time of site plan approval.
  • G.
    Protection during surveying: No tree greater than 12 inches in diameter at breast height (DBH) located on public property or within a required tree protection area shall be removed for the purpose of surveying without an approval from the administrator.
  • H.
    Tree trimming: Every owner of any tree overhanging any street or right-of-way within the city shall trim the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the street or sidewalk. Said owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The public works director and utilities director are authorized to remove and/or trim trees and shrubs from public properties and public rights-of-way. North Carolina Department of Transportation is authorized to remove and/or trim trees and shrubs in the public rights-of-way owned by the State of North Carolina. Approval is required to trim a tree in a tree protection area, required landscaping area, or buffer yard more than 25 percent of its overall canopy.
  • I.
    Trimming and removal by utility companies: Trees to be removed from the public right-of-way by electric utilities and other overhead utilities must be replaced by such entity in equal quantity and minimum caliper size with an approved species.
  • J.
    Tree topping: Tree topping shall be prohibited on all trees on public property, designated rights-of-way, required tree protection areas, landscaping, and buffer yards unless otherwise approved by the administrator. Trees severely damaged by storms or other causes, or certain trees under utility lines or other obstructions where other pruning practices are impractical may be exempted from this article at the determination of the administrator.
  • K.
    Removal of dead trees on public property: Approval by the administrator shall be issued for trees that are dead, infected by disease, or determined to be a hazard to public safety and welfare. Should any tree designated in a tree protection area, required landscaping area, or buffer yard die, the agency shall replace it within 180 days with a tree(s) [of] equal size.
  • L.
    Tree removal on private property: The city may require removal of any dead or diseased trees or trees harboring insects, on private property when such trees constitute a threat to public property. The administrator will notify in writing the owner(s) of such trees. Removal shall be done at the owner(s) expense within 60 days after the date of service of notice. In the event of failure of the owner(s) to comply with such provisions, the city shall have the authority to remove such trees and charge the cost of removal as a lien on the owner's property taxes.
  • M.
    Stumps: All stumps of trees and park trees shall be removed so that the top of the stump does not project above the surface of the ground.
  • N.
    Use of off-site landscape easements: Permanent off-site landscape easements may be used to meet required buffer yards provided that the size or shape of the parcel significantly restricts the ability to reasonably use the property and meet the buffer yard requirements. These easements must be recorded prior to or in conjunction with the approval of the site or subdivision plan.
  • O.
    Protective measures during construction: Protective barricades shall be placed around all protected trees designated to be saved prior to the start of development activities or grading. Barricades shall be erected five feet past the drip line for any tree to be saved or tree save areas. Protective barricades shall remain in place until development activities are completed. The area within the protective barricade shall remain free of all building materials, dirt or other construction debris, construction traffic, storage of vehicles and materials, and grading shall not take place within five feet of the drip line of the existing trees to be protected.

    Except for driveway access points, sidewalks, curb and gutter; no paving with concrete or other impervious materials within five feet of a tree drip line shall be allowed unless otherwise approved.

  • FIGURE 8.2A: PROTECTIVE BARRICADE
    Protective Barricade
    FIGURE 8.2A: PROTECTIVE BARRICADE
    Protective Barricade
    FIGURE 8.2A: PROTECTIVE BARRICADE
    Protective Barricade
    FIGURE 8.2A: PROTECTIVE BARRICADE
    Protective Barricade

     

    1. P.
      Invasive-exotic plant species: The administrator shall maintain a current list of invasive-exotic plant species by taking guidance from the latest edition of, "A Management Guide for Invasive Plants in Southern Forests," published by the United States Department of Agriculture Forest Services Southern Research Station, as applicable to the western North Carolina region, and by submitting periodic text amendments to reflect these changes. The introduction of the following shall be prohibited:
      1. 1.
        Trees: Mimosa (Albizia julibrissin), Princess Tree (Paulownia tomentosa), Russian Olive (Elaeagnus angustifolia), Tree of Heaven (Ailanthus altissima), Bradford Pear (Pyrus calleryana), Japanese Privet (Ligustrum japonicum), Norway Maple (Acer platanoides), Paper Mulberry (Broussonetia papyrifera), Thorny Olive (Elaeagnus pungens), White Mulberry (Morus alba), White Poplar (Populus alba), Chinese Elm (Ulmus parvifolia), Silver Maple (Acer saccharinum), Lombardy Poplar (Populus nigra), Chinese Tallow (Triadica sebifera), Chinaberry (Melia azedarach).
      2. 2.
        Shrubs: Autumn Olive (Elaeagnus umbellata), Chinese Privet (Ligustrum sinense), Multiflora Rose (Rosa multiflora), Winter Honeysuckle (Lonicera fragrantissima), Amur Honeysuckle (Lonicera maackii), Common Privet (Ligustrum vulgare), Glossy Privet (Ligustrum lucidum), Japanese Barberry (Berberis thunbergii), Japanese Spiraea (Spiraea japonica), Morrow's Honeysuckle (Lonicera morrowii), Tatarian Honeysuckle (Lonicera tatarica), Sacred Bamboo (Nandina domestica), Burning Bush (Euonymus alatus), Leatherleaf Mahonia (Berberis bealei).
      3. 3.
        Vines: Chinese Wisteria (Wisteria sinensis), English Ivy (Hedera helix), Japanese Honeysuckle (Lonicera japonica), Kudzu (Pueraria montana), Bittersweet (Celastrus obiculatus), Bigleaf Periwinkle (Vinca major), Common Periwinkle (Vinca minor), Fiveleaf Akebia (Akebia quinata), Japanese Wisteria (Wisteria floribunda), Porcelain-Berry (Ampelopsis glanduulosa), Sweet Autumn Clematis (Clematis terniflora), Wintercreeper (Euonymus fortunei).
      4. 4.
        Herbaceous plants: Garlic Mustard (Alliaria petiolata), Japanese Knotweed (Reynoutria japonica), Japanese Stiltgrass (Microstegium vimineum), Korean or Chinese Lespedeza (Lespedeza cuneata), Shrubby Lespedeza (Lespedeza bicolor), Bamboo (Bambusa and Phyllostachya), Chinese Silvergrass (Miscanthus sinensis) Crown Vetch (Securigera varia), Johnson Grass (Sorghum halepense), Purple Loosestrife (Lythrum salicaria), Queen Anne's Lace (Daucus carota).

     

    (Ord. No. 2015-27, § 01, 10-19-15; Ord. No. 2016-28, § 2(Exh. B), 9-19-16)

    Effective on: 1/1/1901

    8.3. Tree protection.

  • A.
    Applicability:
    1. 1.
      The provisions of the tree protection section of this chapter shall be applicable to any tree that falls within one or more of the following categories:
      1. a.
        Any tree which has a trunk six inches or more in diameter at one foot above the ground; or is of a horticultural variety or is highly ornamental (such as a dogwood, redbud, crab apple, sourwood, flowering cherry, holly or any like or similar such plant) and has a trunk diameter of three inches or more at one foot above the ground.
      2. b.
        Any tree that is noted as part of a development plan or that is required as part of a special use permit, group development, planned development, Conditional Zoning District, or other development approval.
      3. c.
        Any tree located within a historic district or any property containing a historically designated structure.
      4. d.
        Any tree subject to D, below.
  • B.
    Exemptions:
    1. 1.
      Trees located on properties subject to the North Carolina Residential Code that are not in a moderately steep or steep slope area shall be exempt from the tree protection provisions of this chapter, except for those trees subject to A.1.b.—c., above, and trees and other vegetation in protection areas set forth in CHAPTER 6 and listed as Tier 1 trees in Section 8.3.D, below.
    2. 2.
      The following trees are exempt from the provisions of this Chapter: Mimosa (Albizia julibrissin), Princess Tree (Paulonia tomentosa), Russian Olive (Elaeagnus angustifolia), Tree of Heaven (Ailanthus altissima), Bradford Pear (Pyrus calleryana), Japanese Privet (Ligustrum japonicum), Norway Maple (Acer platanoides), Paper Mulberry (Broussonetia papyrifera), Thorney Olive (Elaeagnus pungens), White Mulberry (Morus alba), White Poplar (Populus alba), Chinese Elm (Ulmus parvifolia), Silver Maple (Acer saccharinum), Lombardy Poplar (Populus nigra), Chinese Tallow (Triadica sebiferum), Chinaberry (Melia azedarach).
    3. 3.
      Pruning trees as normal maintenance provided such pruning does not result in the mutilation, death or destruction of the tree.
    4. 4.
      All trees which are grown by a licensed plant or tree nursery or tree farm, provided such trees are planted and grown on the licensee's premises for the sale or intended sale to the general public in the ordinary course of the licensee's business.
    5. 5.
      All trees which have been destroyed or harmed by a storm or similar act of nature or casualty loss; provided the administrator is notified of such intended removal, replacement or relocation at least two business days prior to removal, replacement or relocation of any tree. The administrator shall approve or deny the request within the two-day period, and may require replacement subject to the requirements of this ordinance. There shall be no fee for this inspection and review.
    6. 6.
      Forestry activity on forestland that is taxed on the basis of its present-use value as forestland under Article 12 of Chapter 105 of the North Carolina General Statutes.
    7. 7.
      Forestry activity that is conducted in accordance with a forest management plan that is prepared or approved by a forester registered in accordance with Chapter 89B of the North Carolina General Statutes.
    8. 8.
      Installation and maintenance activities conducted by public utility providers within utility easements, public lands, or public rights-of-way.
  • C.
    Permit required: It shall be unlawful for any person to remove, replace or relocate any tree within the city until an application for a permit has been submitted to the administrator. In determining whether a permit should be issued, the administrator shall consider the following criteria:
    1. 1.
      The condition of the trees with respect to disease, danger of falling, proximity to existing or proposed structures, and interference with utility services.
    2. 2.
      The necessity to remove trees in order to construct proposed improvements to allow economic enjoyment of the property.
    3. 3.
      Topography of the land and the effect of tree removal on erosion, soil retention and the diversion or increased flow of surface waters, and coordination with the city's drainage plans and recommendations on drainage patterns.
    4. 4.
      Number of trees existing in the neighborhood on improved property. Administrator shall be guided by the effect of tree removal upon property, as well as aesthetic values, in the area.

    In all cases, the administrator may require the relocation or replacement of the trees as a condition of issuing the permit, on a one-for-one basis, with replacement trees having a caliper of two-inches or more in diameter at one foot above the ground​

  • D.
    Required tree protection areas: Trees and existing vegetation shall be preserved in accordance with the table below. Exceptions to tree protection in Tier 2 and Tier 3 areas shall be reviewed by the board of adjustment on a case-by-case basis.
  • TABLE 8.3A: REQUIRED TREE PROTECTION AREAS
    TierPriority Tree Protection AreaRequired Protection
    Tier 1

    Special Flood Hazard Areas
    Required Surface Water Protection Area
    Required Buffer Yard
    Moderately Steep Slope Areas

    Steep Slope Areas
    Wetlands

    All Vegetation and Soil to Remain Undisturbed
    In some cases, limited disturbance may occur within the areas to be protected provided all necessary approvals are obtained. Such activities include, but are not limited to the following:
    • Mitigation of development activities.
    • Restoration of previously disturb areas.
    • Stream restoration.
    • Utility installations and emergency public safety activities.
    • Construction of a trail or pedestrian walkway that will provide public access.
    • Required street or driveway connections.
    Tier 2Front Setback Areas
    Required Landscaping Areas
    Required Open Space
    All Trees Greater than 12″ DBH
    Replacement trees, if permitted, shall be planted at a rate of one tree per each 12″ DBH
    Tier 3All Other LocationsAll Trees Greater than 24″ DBH
    Replacement trees, if permitted, shall be planted at a rate of 1 tree per each 12″ DBH
    TABLE 8.3A: REQUIRED TREE PROTECTION AREAS
    TierPriority Tree Protection AreaRequired Protection
    Tier 1

    Special Flood Hazard Areas
    Required Surface Water Protection Area
    Required Buffer Yard
    Moderately Steep Slope Areas

    Steep Slope Areas
    Wetlands

    All Vegetation and Soil to Remain Undisturbed
    In some cases, limited disturbance may occur within the areas to be protected provided all necessary approvals are obtained. Such activities include, but are not limited to the following:
    • Mitigation of development activities.
    • Restoration of previously disturb areas.
    • Stream restoration.
    • Utility installations and emergency public safety activities.
    • Construction of a trail or pedestrian walkway that will provide public access.
    • Required street or driveway connections.
    Tier 2Front Setback Areas
    Required Landscaping Areas
    Required Open Space
    All Trees Greater than 12″ DBH
    Replacement trees, if permitted, shall be planted at a rate of one tree per each 12″ DBH
    Tier 3All Other LocationsAll Trees Greater than 24″ DBH
    Replacement trees, if permitted, shall be planted at a rate of 1 tree per each 12″ DBH
    TABLE 8.3A: REQUIRED TREE PROTECTION AREAS
    TierPriority Tree Protection AreaRequired Protection
    Tier 1

    Special Flood Hazard Areas
    Required Surface Water Protection Area
    Required Buffer Yard
    Moderately Steep Slope Areas

    Steep Slope Areas
    Wetlands

    All Vegetation and Soil to Remain Undisturbed
    In some cases, limited disturbance may occur within the areas to be protected provided all necessary approvals are obtained. Such activities include, but are not limited to the following:
    • Mitigation of development activities.
    • Restoration of previously disturb areas.
    • Stream restoration.
    • Utility installations and emergency public safety activities.
    • Construction of a trail or pedestrian walkway that will provide public access.
    • Required street or driveway connections.
    Tier 2Front Setback Areas
    Required Landscaping Areas
    Required Open Space
    All Trees Greater than 12″ DBH
    Replacement trees, if permitted, shall be planted at a rate of one tree per each 12″ DBH
    Tier 3All Other LocationsAll Trees Greater than 24″ DBH
    Replacement trees, if permitted, shall be planted at a rate of 1 tree per each 12″ DBH
    TABLE 8.3A: REQUIRED TREE PROTECTION AREAS
    TierPriority Tree Protection AreaRequired Protection
    Tier 1

    Special Flood Hazard Areas
    Required Surface Water Protection Area
    Required Buffer Yard
    Moderately Steep Slope Areas

    Steep Slope Areas
    Wetlands

    All Vegetation and Soil to Remain Undisturbed
    In some cases, limited disturbance may occur within the areas to be protected provided all necessary approvals are obtained. Such activities include, but are not limited to the following:
    • Mitigation of development activities.
    • Restoration of previously disturb areas.
    • Stream restoration.
    • Utility installations and emergency public safety activities.
    • Construction of a trail or pedestrian walkway that will provide public access.
    • Required street or driveway connections.
    Tier 2Front Setback Areas
    Required Landscaping Areas
    Required Open Space
    All Trees Greater than 12″ DBH
    Replacement trees, if permitted, shall be planted at a rate of one tree per each 12″ DBH
    Tier 3All Other LocationsAll Trees Greater than 24″ DBH
    Replacement trees, if permitted, shall be planted at a rate of 1 tree per each 12″ DBH
    1. E.
      Public tree care and protection:
      1. 1.
        Responsibility for public tree care:
        1. a.
          The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the city or state-owned rights-of-way or bounds of all streets, alleys, lanes, squares, and city-owned public grounds, or any that extend into the public right-of-way, or that harbors disease or insects in order to ensure public safety or to preserve or enhance the beauty of such public places.
        2. b.
          The City of Brevard Public Works Department is hereby granted the responsibility of public tree care within the City of Brevard.
        3. c.
          The parks, trails, and recreation committee shall assist and provide guidance to the public works department regarding care and protection of public trees as necessary.
      2. 2.
        Public tree care:
        1. a.
          The city may remove or cause to be removed by the appropriate agency/contractor, any tree or part thereof which is in an unsafe condition, or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements, or is seriously affected with any injurious insect or disease.
        2. b.
          Trees, vines, shrubbery, flowers, or other ornamental vegetation standing in or upon any lot or land adjacent to any public street, sidewalk, greenway, or other public place shall be kept trimmed by the owner or occupant of the property on which the plants are growing so as not to interfere with the free and safe passage along the public way by pedestrians, bicyclists, and vehicular traffic.
        3. c.
          The public works department may, in the interest of public health and safety, prune any tree that overhangs into any street, sidewalk, greenway, or right-of-way within the city, so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of eight feet above the surface of the walkways, a clear space of 13½ feet above the surface of streets, and a clear space of at least 17 feet above highways. The public works department will notify, in writing or in person, any property owner whose trees will be pruned in accordance with this section, no later than 24 hours prior to pruning.
        4. d.
          Pruning of public trees shall be done in conformance with pruning standards published by the International Society of Arboriculture, or similar professional organization.
      3. 3.
        Public tree protection: All public trees shall be protected during construction activities in accordance with the following:
        1. a.
          A tree on any street or other publicly owned property whose crown is within five feet of any excavation or construction of any building, structure, or street work, shall be guarded with a substantial fence, frame, or box. The construction tree guard shall be not less than four feet high and at a distance in feet from the trunk equal to the diameter of the trunk at breast height (DBH) in inches. All building material, dirt, or other debris shall be kept outside the construction tree guard.
        2. b.
          Land-disturbing activities within five feet of a public tree shall incorporate protection for tree root areas in accordance with generally accepted best practices.
      4. 4.
        Prohibited activities:
        1. a.
          Abuse of public trees:
          1. i.
            No person shall intentionally damage, cut, carve, transplant, or remove any public tree.
          2. ii.
            No person shall attach any rope, wire, nails, advertisements, posters, banners, or other contrivance to any public tree.
          3. iii.
            No person shall knowingly allow any gaseous, liquid, or solid substance which is harmful to trees to contact public trees.
          4. iv.
            No person shall set fire to public trees nor permit any fire to burn when such fire or the heat thereof will injure any portion of a public tree.
        2. b.
          Tree topping of public trees, per Section 8.2.J of this ordinance.

    (Ord. No. 15-08, § 21, 12-5-08; Ord. No. 2016-28, § 2(Exh. B), 9-19-16; Ord. No. 2020-23 , § 1(Exh. A), 10-19-20; Ord. No. 2021-42 , § 1(Exh. A), 9-20-21; Ord. No. 2023-53, § 1(Exh. A), 11-6-23; Ord. No. 2025-52, § 1(Exh. A), 11-3-25)

    Effective on: 11/3/2025

    8.4. Buffers and screening.

  • A.
    Applicability:
    1. 1.
      These regulations shall apply to the following:
      1. i.
        All newly developed properties
      2. ii.
        When expansions or changes in use result in the expansion of gross floor area of an existing building and/or parking and loading area of over 25 percent, and any property containing an existing structure undergoes significant or substantial improvement as defined in CHAPTER 19 of this ordinance, then the parcel shall comply with the landscaping requirements of this section to the maximum extent practical.
      3. iii.
        When the zoning district classification changes for an existing use or parcel at the request of the property owner or representative thereof, then the parcel shall comply with the landscaping requirements of this section to the maximum extent practical.
    2. 2.
      The administrator may modify landscaping requirements up to ten percent in situations where pre-existing conditions make it impossible to comply with subsections ii and iii above.
    3. 3.
      Applicants are encouraged to design buffer and other landscape areas in such a way as to satisfy stormwater management requirements as set forth in CHAPTER 6 of this ordinance.
  • B.
    Buffer yard types:
    1. 1.
      Type A buffer yard:
      1. a.
        Minimum width: 10 feet.
      2. b.
        Minimum height and opacity: Ground to 6 feet—Semi-Opaque Screen.
      3. c.
        Maximum horizontal openings: 20 feet.
      4. d.
        Performance standard: A buffer which is ten feet in width and contains screening materials which at maturity provide intermittent visual obstruction from the ground to a height of four feet as well as intermittent visual obstruction from a height of four feet up to a height of 30 feet. Vegetative screening materials within intermittent visual obstruction areas shall contain horizontal openings no greater than 20 feet in width upon the plants' maturity.
  • FIGURE 8.4-A: TYPE A BUFFER YARD
    Buffer Yard Types
    FIGURE 8.4-A: TYPE A BUFFER YARD
    Buffer Yard Types
    FIGURE 8.4-A: TYPE A BUFFER YARD
    Buffer Yard Types
    FIGURE 8.4-A: TYPE A BUFFER YARD
    Buffer Yard Types
    1.  
      1. 2.
        Type B buffer yard:
        1. a.
          Minimum width: 20 feet.
        2. b.
          Minimum height and opacity: Ground to 6 feet—Semi-Opaque Screen; 6—30 feet—Intermittent Visual Obstruction.
        3. c.
          Maximum horizontal openings: 15 feet—Semi-Opaque Screen Areas; 20 feet—Intermittent Visual Obstruction Areas.
        4. d.
          Performance standard: A buffer which is 20 feet in width and contains screening materials which at maturity provide semi-opacity from the ground to a height of six feet, and intermittent visual obstruction from a height of six feet up to a height of 30 feet. Vegetative screening materials within intermittent visual obstruction areas shall contain horizontal openings no greater than 20 feet in width; and vegetative screening materials within semi-opaque areas shall contain horizontal openings no greater than 15 feet in width upon the plants' maturity.
      2. 3.
        Type C buffer yard:
        1. a.
          Minimum width: 50 feet.
        2. b.
          Minimum height and opacity: Ground to 6 feet—Semi-Opaque Screen; 6—30 feet—Intermittent Visual Obstruction.
        3. c.
          Maximum horizontal openings: 15 feet—Semi-Opaque Screen Areas; 20 feet—Intermittent Visual Obstruction Areas.
        4. d.
          Performance standard: A buffer which is 50 feet in width and contains screening materials which at maturity provides semi-opacity from the ground to a height of six feet, and intermittent visual obstruction from a height of six height up to a height of 30 feet. Vegetative screening materials within intermittent visual obstruction areas shall contain horizontal openings no greater than 20 feet in width; Vegetative screening materials within semi-opaque areas shall contain no horizontal openings greater than 15 feet in width upon the plants' maturity.
    FIGURE 8.4-B: TYPE B AND TYPE C BUFFER YARDS
    Type C Buffer Yard
    FIGURE 8.4-B: TYPE B AND TYPE C BUFFER YARDS
    Type C Buffer Yard
    FIGURE 8.4-B: TYPE B AND TYPE C BUFFER YARDS
    Type C Buffer Yard
    FIGURE 8.4-B: TYPE B AND TYPE C BUFFER YARDS
    Type C Buffer Yard
    1.  
      1. 4.
        Type D buffer yard:
        1. a.
          Minimum width: 30 feet.
        2. b.
          Minimum height and opacity: Ground to 30 feet—Opaque.
        3. c.
          Maximum horizontal openings: None permitted.
        4. d.
          Performance standard: A buffer which is 30 feet in width and contains screening materials which at maturity provides opacity from the ground to a height of 30 feet. Vegetative screening materials within opaque areas shall contain no horizontal openings upon the plants' maturity.
    FIGURE 8.4-C: TYPE D BUFFER YARD
    Type D Buffer Yard
    FIGURE 8.4-C: TYPE D BUFFER YARD
    Type D Buffer Yard
    FIGURE 8.4-C: TYPE D BUFFER YARD
    Type D Buffer Yard
    FIGURE 8.4-C: TYPE D BUFFER YARD
    Type D Buffer Yard
    1.  
      1. 5.
        Type E buffer yard.
        1. a.
          Minimum width: 25 feet.
        2. b.
          Minimum height and opacity: Ground to 30 feet—Opaque.
        3. c.
          Maximum horizontal openings: None permitted.
        4. d.
          Performance standard: A buffer which is 25 feet in width and contains screening materials which at maturity provides opacity from the ground to a height of 30 feet. Vegetative screen materials within opaque areas shall contain no horizontal openings upon the plants' maturity.
    1. C.
      Fences, walls, and berms:
      1. 1.
        Fences, walls, or earthen berms may be substituted for all or a portion of the shrub requirement in all buffer types. In addition, existing vegetation within the buffer shall be maintained and may receive partial or total credit towards screening requirements. All berms, if provided, shall not exceed a slope with maximum rise of one foot to a run of two feet (a ratio of 1:2) and a maximum height of four feet. All berms, regardless of size, shall be stabilized with a ground cover or other suitable vegetation or permanent slope retention device. Berms taller than four feet shall be approved by the administrator on a case by case basis.
    2. D.
      Required buffer yards:
      1. 1.
        A buffer yard is intended to give spatial separation and to decrease visual contact between incompatible uses. Buffer yards shall be required in accordance with the tables below when any use is being established on a property that abuts an existing developed lot or less intense zoning district. More stringent buffer yard requirements may apply to certain specified uses as set forth in CHAPTER 3 of this ordinance.
      2. 2.
        Buffer yards shall be required along the perimeter of proposed projects within certain zoning districts (and associated conditional districts) when such project lies adjacent to a zoning district (or conditional district) of lesser intensity:
    TABLE 8.4-A: REQUIRED BUFFER YARDS BY ZONING DISTRICT
     Adjacent District
    GRRMXNMXPGXDMXICCMXGI
    District in Which Development is LocatedGRNoneNoneNoneNoneNoneNoneBD
    RMXBNoneNoneNoneNoneNoneNoneD
    NMXBANoneNoneNoneNoneNoneD
    PGXBAANoneNoneNoneNoneD
    DMXBAAANoneNoneNoneD
    ICBBAAANoneNoneNone
    CMXDDDDDNoneNoneNone
    GIEEEEEENoneNone
    TABLE 8.4-A: REQUIRED BUFFER YARDS BY ZONING DISTRICT
     Adjacent District
    GRRMXNMXPGXDMXICCMXGI
    District in Which Development is LocatedGRNoneNoneNoneNoneNoneNoneBD
    RMXBNoneNoneNoneNoneNoneNoneD
    NMXBANoneNoneNoneNoneNoneD
    PGXBAANoneNoneNoneNoneD
    DMXBAAANoneNoneNoneD
    ICBBAAANoneNoneNone
    CMXDDDDDNoneNoneNone
    GIEEEEEENoneNone
    TABLE 8.4-A: REQUIRED BUFFER YARDS BY ZONING DISTRICT
     Adjacent District
    GRRMXNMXPGXDMXICCMXGI
    District in Which Development is LocatedGRNoneNoneNoneNoneNoneNoneBD
    RMXBNoneNoneNoneNoneNoneNoneD
    NMXBANoneNoneNoneNoneNoneD
    PGXBAANoneNoneNoneNoneD
    DMXBAAANoneNoneNoneD
    ICBBAAANoneNoneNone
    CMXDDDDDNoneNoneNone
    GIEEEEEENoneNone
    TABLE 8.4-A: REQUIRED BUFFER YARDS BY ZONING DISTRICT
     Adjacent District
    GRRMXNMXPGXDMXICCMXGI
    District in Which Development is LocatedGRNoneNoneNoneNoneNoneNoneBD
    RMXBNoneNoneNoneNoneNoneNoneD
    NMXBANoneNoneNoneNoneNoneD
    PGXBAANoneNoneNoneNoneD
    DMXBAAANoneNoneNoneD
    ICBBAAANoneNoneNone
    CMXDDDDDNoneNoneNone
    GIEEEEEENoneNone
    1.  
      1. 3.
        In addition to the buffer yards required between districts as set forth above, buffer yards shall be required for certain types of development within certain zoning districts and associated conditional districts, as follows. This requirement applies regardless of the adjacent district. However, where conflicts occur between 8.4.D.2, above, and this section, the more restrictive requirement shall apply.
    TABLE 8.4-B: REQUIRED BUFFER YARDS BY TYPE OF PROPOSED DEVELOPMENT
     New Multifamily (more than 4 units/bldg.)Non-Residential Group Development
    District in Which Development is LocatedGRBB
    RMXBB
    NMXBB
    PGXBB
    DMXBB
    CMXBD
    ICBB
    GINAE
    TABLE 8.4-B: REQUIRED BUFFER YARDS BY TYPE OF PROPOSED DEVELOPMENT
     New Multifamily (more than 4 units/bldg.)Non-Residential Group Development
    District in Which Development is LocatedGRBB
    RMXBB
    NMXBB
    PGXBB
    DMXBB
    CMXBD
    ICBB
    GINAE
    TABLE 8.4-B: REQUIRED BUFFER YARDS BY TYPE OF PROPOSED DEVELOPMENT
     New Multifamily (more than 4 units/bldg.)Non-Residential Group Development
    District in Which Development is LocatedGRBB
    RMXBB
    NMXBB
    PGXBB
    DMXBB
    CMXBD
    ICBB
    GINAE
    TABLE 8.4-B: REQUIRED BUFFER YARDS BY TYPE OF PROPOSED DEVELOPMENT
     New Multifamily (more than 4 units/bldg.)Non-Residential Group Development
    District in Which Development is LocatedGRBB
    RMXBB
    NMXBB
    PGXBB
    DMXBB
    CMXBD
    ICBB
    GINAE
    1.  
      1. 4.
        The approving authority may require alternative buffers or landscaping, including locations other than those typically required, when a modification to the requirements of this section is warranted in order to meet the intent of the specified standards.
      2. 5.
        Buffer yards are intended to be constructed along the perimeter of the property or project; however, when there are irregular topographic conditions (such as the perimeter of the property is at a lower grade than the use being screened) the approving authority may require the relocation of the required buffer yard in order to better serve its purpose.
      3. 6.
        Natural vegetation, vegetation required for tree protection, riparian buffer areas, and other forms of existing vegetation may be utilized to satisfy these requirements when such natural and existing vegetation clearly satisfies the purpose of this section.
      4. 7.
        Off-site vegetation:
        1. a.
          Existing plant material on adjacent property may be credited toward buffer requirements, provided that such material is in a permanently protected area such as a conservation easement or similarly preserved area.
        2. b.
          Plant material, existing or proposed, on an adjacent property may be credited toward buffer requirements through use of a landscape easement.
      5. 8.
        Buffer requirements may be reduced or waived by the approving authority in the following circumstances:
        1. a.
          Such requirements would pose a safety hazard.
        2. b.
          The plantings or planting area would conflict with utilities, easements, or overhead power lines, or encroach upon city trees, as recommended by the city horticulturalist.
        3. c.
          Special use permits based solely upon building height or building ground floor square footage size, where such requirement would serve no useful purpose.
        4. d.
          When projects to which these requirements apply exhibit unifying architectural and landscape design characteristics that integrate the project into surrounding development, and when the landscape design of such a project clearly meets and exceeds the goal of these requirements such that these requirements become unnecessary.
      6. 9.
        Fences, walls and berms in buffers
        1. a.
          Where walls and berms are built within any required project boundary buffer, they shall meet the following requirements.
          1. i.
            Walls and berms within a buffer may be used to permit a reduction in the buffer up to 25 percent of the required width.
          2. ii.
            Walls and berms shall not be permitted within surface water protection areas, floodplains, and floodways.
          3. iii.
            Walls and berms shall conform to other applicable requirements of this ordinance.
          4. iv.
            All walls, when located within a buffer, shall be planted on the face towards the adjacent property with at least one upright shrub for every six feet of wall length.
          5. v.
            Berms shall have side slopes of not less than three feet horizontal for each one foot vertical and a minimum crown width of two feet.
          6. vi.
            Prior to issuance of the first certificate of compliance, berms shall be planted to ensure coverage by live plant material within three to five years.
          7. vii.
            The applicant shall be required to demonstrate provision for access and maintenance of landscaping and the wall, berm, or fence structure at the time of landscape plan approval.
          8. viii.
            Chain link and concertina wire fences shall be buffered by a Type A buffer yard on all sides.
    FIGURE 8.4-D: ILLUSTRATIONS OF APPROPRIATE SCREENING OF DUMPSTERS AND LOADING AREAS
    Fence, Walls and Berms in Buffers
    FIGURE 8.4-D: ILLUSTRATIONS OF APPROPRIATE SCREENING OF DUMPSTERS AND LOADING AREAS
    Fence, Walls and Berms in Buffers
    FIGURE 8.4-D: ILLUSTRATIONS OF APPROPRIATE SCREENING OF DUMPSTERS AND LOADING AREAS
    Fence, Walls and Berms in Buffers
    FIGURE 8.4-D: ILLUSTRATIONS OF APPROPRIATE SCREENING OF DUMPSTERS AND LOADING AREAS
    Fence, Walls and Berms in Buffers

    (Ord. No. 15-08, §§ 22, 23, 25, 12-5-08; Ord. No. 2018-22, § 1(Att. B), 9-17-18; Ord. No. 2020-24 , § 1(Exh. A), 10-19-20; Ord. No. 2021-16 , § 1(Exh. A), 4-19-21; Ord. No. 2021-31 , § 1(Exh. A), 6-21-21; Ord. No. 2024-23, § 1(Exh. A), 6-3-24; Ord. No. 2024-43, § 1(Exh. A), 11-18-24; Ord. No. 2025-04, § 1(Exh. A), 1-21-25; Ord. No. 2025-58, § 1(Exh. A), 12-15-25)

    Effective on: 12/15/2025

    8.5. Street tree plantings.

  • A.
    Street trees shall be required along all public and private streets for the following categories of development:
    1. 1.
      All non-residential and mixed-use development.
    2. 2.
      All projects approved as a conditional zoning district, special use permit, planned development, or group development.
    3. 3.
  • B.
    Large canopy trees shall be installed at a minimum average distance of 40 feet on-center in a planting strip a minimum of six feet in width. Such trees shall be a minimum of 1½ inches in caliper at planting. Where overhead utilities exist prior to development, ornamental trees may be substituted.
  • C.
    Street trees shall be placed at least eight feet from light poles and ten feet from electrical transformers in order to allow these utilities to be safely serviced (ornamental trees may be placed within five feet of such devices). A minimum of 300 square feet of pervious ground area per canopy tree shall be provided unless they are planted in irrigated tree wells.
  • D.
    Street trees shall be deciduous hardwoods and shall meet the standards set forth in the American Standard for Nursery Stock by the American Association of Nurserymen as well all applicable standards of this ordinance.
  • (Ord. No. 15-08, § 24, 12-5-08; Ord. No. 2024-23, § 1(Exh. A), 6-3-24)

    Effective on: 6/3/2024

    8.6. Parking area screening.

  • A.
    Applicability: Perimeter yard of all parking areas visible from the street, except residential developments with six or less off-street vehicle parking spaces.
  • B.
    Minimum planting: Semi-opaque screen from the ground to at least a height of three feet for screening of car lights and glare. (Minimum width: Ten feet).
  • C.
    Performance standard: This type functions as a semi-opaque screen around the perimeter of a parking area from the ground to at least three feet for the screening of car lights and glare. This shall only be required along the parking area that fronts the public right-of-way or any side of a parking area that is not protected by a required buffer yard. The location of such yards shall be determined by the administrator upon review. Effective screening devices may include solid decorative brick walls, wood fences, earth berms, tight evergreen hedges which shall reach the required height within two years of planting, or any combination of the above. Plantings which can achieve a mature height exceeding 30 inches shall not be planted in the sight triangle on each side of drives or streets.
  • D.
    Screening of open storage, above ground utilities, and dumpsters: Any open storage of merchandise, equipment, materials or goods other than those on display for retail sales, above ground utilities, and dumpsters areas shall be screened from view from any street right-of-way in accordance with the ratios (but not necessarily the minimum dimension) prescribed for type C buffer yards. Sub-grade dumpsters shall be exempt from the provisions of this section.
  • (Ord. No. 2021-35 , § 1(Exh. A), 8-16-21; Ord. No. 2023-53, § 1(Exh. A), 11-6-23)

    Effective on: 11/6/2023

    8.7. Parking area landscaping.

  • A.
    Applicability: Interiors of all parking areas with more than 16 parking spaces or more than one tenth (1/10) of an acre in size.
  • B.
    Stormwater management requirements: Applicants are encouraged to design buffer and other landscape areas in such a way as to satisfy stormwater management requirements as set forth in CHAPTER 6 of this ordinance.
  • C.
    Minimum plantings:
    1. 1.
      No parking space shall be more than 50 feet from the base of a canopy tree.
    2. 2.
      One 15-to-18-inch minimum height evergreen or deciduous shrub shall be required per 250 square feet of required landscaped vehicular use area. This rate may be varied by the administrator considering alternate shrub heights, ground covers, or other factors.
  • D.
    Performance standard: This type functions as a tree ceiling over a parking area providing shelter from sun and rain and minimizing the impact of runoff by providing "green" surface area on which to collect. Large maturing canopy trees shall be planted in a manner that provides shade for the entire parking area at maturity. All landscaped areas shall be separated from parking spaces. The use of differing species around the parking area is encouraged to promote diversity in the overall urban tree canopy. The use of existing vegetation to satisfy this requirement is encouraged. Supplemental plantings may be required in addition to native materials.
  • E.
    Credits for preservation of existing trees in parking areas: Trees that are saved in a parking area (other than those in Tier 1 or Tier 2 Tree Save Areas in Section 8.3) can be used towards the interior tree landscape requirement. Note that each tree preserved will require a minimum pervious area around it equal to its drip line.
  • (Ord. No. 2023-53, § 1(Exh. A), 11-6-23)

    Effective on: 11/6/2023

    8.8. General non-residential and mixed-use landscaping.

  • A.
    In addition to the street tree and parking lot landscaping requirements of this chapter, non-residential and mixed-use projects shall meet the following requirements.
  • B.
    No less than five percent of the lot or parcel or project area to which this chapter applies shall be landscaped. This requirement shall be met in addition to any street tree requirements.
  • C.
    Landscaping consisting of trees, shrubs, and other plantings of a variety of sizes, shapes, and arrangements shall be located throughout the property, among buildings, and between the front façade of all structures and streets.
  • D.
    Landscaping along major corridors:
    1. 1.
      A type A buffer yard shall be maintained along the entire length of the street frontage of any parcel of land fronting the following streets:
      1. a.
        US Highway 64/US 276/NC 280 (Asheville Highway), north from the intersection of Lambo Creek (beginning at the top of the northern bank) and Asheville Highway, to the intersection of the city's Extraterritorial Jurisdiction and NC 280.
      2. b.
        US Highway 64 (Rosman Highway), south from the intersection of Rosman Highway and Caldwell Street to the intersection of city's Extraterritorial Jurisdiction and Rosman Highway.
    2. 2.
      This requirement shall be in addition to any other requirement of this ordinance, including but not limited to street trees, infrastructure improvements, setbacks, and others. The required type A buffer yard shall not be located in the right-of-way and shall be unbroken except for ground signs, driveways and streets approved in accordance with this ordinance.
    3. 3.
      This requirement shall apply to all properties irrespective of size or uses.
    4. 4.
      Deviations from this requirement shall only be considered as variances by the BOA in accordance with the procedures set forth in Section 16.8.
  • ( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

    Effective on: 1/1/1901

    8.9. General installation and maintenance standards.

  • A.
    Applicants are encouraged to design buffer and other landscape areas in such a way as to satisfy stormwater management requirements as set forth in CHAPTER 6 of this ordinance.
  • B.
    Plant material classifications:
    1. 1.
      Large shade trees: Large shade trees must be a locally adapted species with an expected mature height of 30 feet or greater and an expected mature crown spread of at least 30 feet or greater. Large shade trees, existing or planted, must be a minimum of eight feet high, and have a minimum caliper of two inches measured six inches above grade. Shade trees may be deciduous or evergreen. In the case of overhead power lines, relief from the large shade tree requirement may be given by the administrator.
    2. 2.
      Small trees: All required small trees must be a minimum of eight feet high and have a minimum caliper of 1½ inches measured six inches above grade. When mature, small trees should be ten to 15 feet or higher. Small trees may be deciduous or evergreen.
    3. 3.
      Shrubs: Upright shrubs must be a minimum of 18 inches tall when planted and must reach a minimum height of 30 inches within two years. All shrubs must have a minimum spread of 12 to 15 inches when planted. At least 50 percent of the required shrubs must be evergreen.
    4. 4.
      Groundcover: All required groundcover type plants must be a minimum of 1½ to 2½-inch pots with a four inch minimum length. Groundcover must be planted with on-center spacing equivalent to the average mature spread for each particular species.
  • FIGURE 8.9A: PLANT MATERIAL
    Plant Material
    FIGURE 8.9A: PLANT MATERIAL
    Plant Material
    FIGURE 8.9A: PLANT MATERIAL
    Plant Material
    FIGURE 8.9A: PLANT MATERIAL
    Plant Material
    1. C.
      Standards for new plantings:
      1. 1.
        Landscaping should be of sufficient size so that mature appearance will be achieved within three to five years of installation.
      2. 2.
        Where new landscape materials are to be installed, the type of material used shall be complimentary to plant materials existing on the property and on adjoining properties. Use of native plant materials is encouraged.
      3. 3.
        The use of drought tolerant vegetation that is native to the area is encouraged to reduce dependency upon irrigation.
      4. 4.
        All portions of the landscaping area not planted with shrubs and trees or covered by a wall or other screening device shall be planted with ground cover and/or grass, or covered with natural mulch with a minimum depth of two inches.
      5. 5.
        All new plant material shall be of good quality, free from disease, installed in a sound condition. All trees shall be properly guyed and staked at the time of planting, and mulched (three—four inch layer) and meet the standards set forth in the American Standard for Nursery Stock by the American Association of Nurserymen. Contractor shall warrant all new plant material for one year from time of installation. The selection of plants, planting methods, minimum height, root ball and container size, number of branches, and width, shall conform to the American Standard for Nursery Stock published by the American Association of Nurserymen for that type of tree or shrub at the time of installation.
      6. 6.
        Groves of trees are encouraged. Adequate drainage and mulching shall be provided for planting medians and islands. Each canopy tree shall be provided with a minimum pervious ground area of 300 square feet for root growth (exception: Street Trees) and should be planted on slopes not to exceed 4:1 horizontal to vertical distance.
      7. 7.
        At installation, large maturing trees shall not be less than eight feet in height with a minimum two inch caliper. Small maturing trees shall be a minimum of 1¼-inch caliper and have a minimum height of six feet. Installation and construction practices shall be utilized which preserve and replace existing topsoil or amend the soil to reduce compaction. At installation, evergreen trees shall not be less than six feet in height with a minimum two inch caliper. Multi-stemmed trees shall have at least three stalks and eight feet in height.
      8. 8.
        Where large maturing trees are required and overhead utility lines exist, small maturing trees planted one per 20 linear feet shall be substituted with the approval of the administrator.
      9. 9.
        All large required shrubs at installation shall be at least three gallons in container size and three feet above ground level and shall reach the height required for performance within two to four years after installation. Small shrubs shall be at least two gallons in container size and two feet above ground level and shall reach the height required for performance within three to five years. Installation and construction practices shall be utilized which preserve existing topsoil or amend the soil to reduce compaction.
      10. 10.
        No trees or shrubs shall be planted within the sight distance triangle at an intersection, or driveway access point unless an unobstructed view between 30 inches and 72 inches in height is maintained.
    FIGURE 8.9B: REQUIRED VISUAL CLEARANCE FOR LANDSCAPING IN THE SIGHT DISTANCE TRIANGLE
    Image for Visual Clearance for Landscape
    FIGURE 8.9B: REQUIRED VISUAL CLEARANCE FOR LANDSCAPING IN THE SIGHT DISTANCE TRIANGLE
    Image for Visual Clearance for Landscape
    FIGURE 8.9B: REQUIRED VISUAL CLEARANCE FOR LANDSCAPING IN THE SIGHT DISTANCE TRIANGLE
    Image for Visual Clearance for Landscape
    FIGURE 8.9B: REQUIRED VISUAL CLEARANCE FOR LANDSCAPING IN THE SIGHT DISTANCE TRIANGLE
    Image for Visual Clearance for Landscape
    1.  
      1. 11.
        Landscaped areas within parking lots shall be separated from parking spaces, driveways, and maneuvering areas by an 18 inch standard curb designed to minimize damage by vehicles to plants located in the landscaped area. For an area to be considered as satisfying the landscaping provision of this ordinance, it must contain a minimum contiguous area of 300 square feet.
    1. D.
      Preservation of existing vegetation during construction:
      1. 1.
        Protective barricades shall be placed around all trees designated to be saved, prior to the start of development activities or grading. The following is recommended:
        1. a.
          Barricades may consist of 2″ × 4″ posts with 1″ × 4″ rails, orange safety fence, or a similar treatment and shall remain in place until development activities are complete.
        2. b.
          The barricaded area shall remain free of all building materials, stockpiled soil or other construction debris.
        3. c.
          Construction traffic, storage of vehicles and materials, and grading shall not take place within the protective areas of the existing trees.
        4. d.
          Barricades shall be erected at a recommended minimum distance from the base of protected trees according to the following standards:
        5. e.
          For trees ten inches or less in caliper: Place at a minimum distance of ten feet from the base of each protected tree, or outside the dripline, whichever is greater.
        6. f.
          For trees greater than ten inches in caliper: Place at a minimum distance equal to ten feet from the base of a protected tree plus an additional one foot for each additional one inch in caliper greater than ten inches in caliper, or outside the dripline, whichever is greater.
      2. 2.
        Construction access to a site should occur where an existing or proposed entrance/exit is located.
      3. 3.
        Land disturbance within a tree dripline is discouraged except for driveway access points, sidewalks, curb and gutter.
      4. 4.
        Where grading within a tree dripline cannot be avoided, cut and fill shall be limited to ¼ to ½ of the area within the dripline, and tree roots must be pruned with clean cuts at the edge of the disturbed area. (No fill shall be placed within the dripline of a tree without venting to allow air and water to reach the roots.)
      5. 5.
        Storage of construction materials and any other construction activities that contribute to the compaction should be limited to areas of the site within the limits of construction.
    2. E.
      Irrigation:
      1. 1.
        The use of irrigation is permitted in all required landscaping areas as required by this chapter. The use of moisture metering devices and automatic timers is required. The use of xeriscape practices and drip irrigation is also encouraged, unless otherwise required.
        1. a.
          The use of irrigation systems and lawn turf is generally discouraged but may be permitted if connected to a private well, other private water source, or public reclaimed water system.
        2. b.
          If automatic irrigation systems are permitted, moisture sensor regulators, soil moisture regulators, or drip irrigation shall be used.
        3. c.
          Irrigation systems may connect to the main water connection for the building unless otherwise restricted through other city ordinances or policies.
    3. F.
      Installation time and permitted delays:
      1. 1.
        Time limit: All landscaping, mulching and seeding shall be completed in accordance with the approved site plan prior to issuance of a certificate of occupancy for the site.
      2. 2.
        Requests for delay: Requests for a will be considered following a written request directed to the administrator to post a performance guarantee pursuant to Section 16.12.
    4. G.
      Maintenance:
      1. 1.
        Maintenance responsibility: The owners of the property shall be responsible for the preservation and maintenance of all vegetation and physical features required by this Section in a healthy growing condition, for replacing them when necessary, and for keeping the area free of refuse and debris. All plant materials should be allowed to reach their mature size and maintained at their mature size. All required landscaped areas shall be free of refuse and debris in accordance with the site or subdivision and shall be maintained so as to prevent debris from washing onto streets and sidewalks.
      2. 2.
        Inspection of sites: The administrator may inspect the site once a year after the issuance of a permanent certificate of occupancy in order to ensure compliance with the approved site plan and to ensure that the landscape is properly maintained. The administrator may issue a notice of violation to comply with the provisions of this ordinance if warranted upon an inspection under the provisions of Section 8.11 of this chapter.

        A certificate of occupancy shall not be issued unless the landscaping required under this chapter is installed in accordance with these standards and in accordance with the approved site plan or subdivision plat.

      3. 3.
        Replacement of disturbed and damaged vegetation:
        1. a.
          The disturbance of any landscaped area or vegetation required by this chapter shall constitute a violation of the site or subdivision plan. All disturbed landscaped areas and vegetation shall be replanted to meet the standards of this section as well as the approved site plan.
        2. b.
          Any dead, unhealthy, missing vegetation, or vegetation disfigured by severe pruning, shall be replaced with vegetation which conforms to the standards of this section. In the event that any required vegetation is severely damaged due to an unusual weather occurrence or natural catastrophe, the owner shall have one growing season to replace or replant after reconstruction is complete.
        3. c.
          Where the vegetation that has been disturbed or damaged on the site at the time the development was approved, all replacement vegetation shall meet the standards set forth in this chapter taking into account any unique site conditions and significant vegetation remaining within the landscaped area. Trees or vegetation that dies within one year of construction completion shall be removed and replaced with new vegetation of equal or greater size.
        4. d.
          Existing vegetation required to be preserved that has been damaged or destroyed during the course of development activity may be subject to civil penalty and replaced in accordance with the requirements of Section 8.11 and CHAPTER 18 of this ordinance.
      4. 4.
        Steps for replacement of vegetation: The disturbance of any landscaped area or vegetation required by this chapter shall constitute a violation of the site or subdivision plan. All disturbed landscaped areas and vegetation shall be replanted to meet the standards of this section as well as the approved site plan. Replacement consists of one or a combination of any of the following measures:
        1. a.
          A replanting plan denoting the proposed installation shall be submitted to the City of Brevard for approval. The administrator may elect to present the replanting plan to the planning board for final approval.
        2. b.
          Replace damaged or destroyed vegetation in both buffer yard and or interior landscaped areas with an equal amount of new vegetation according to the size of vegetation removed. Any tree with a caliper of at least eight inches which is damaged or removed shall be replaced with one or more trees which have a caliper of at least two and one-half inches and a cumulative caliper equal to or greater than the original tree. Trees damaged or destroyed less than eight inches in diameter shall be replaced to satisfy the performance criteria of this section. Understory plantings may also be required to restore the buffer performance criteria for the disturbed area. A re-vegetation plan denoting the proposed installation shall be submitted to the City of Brevard for approval. The administrator may elect to present the re-vegetation plan to the tree advisory board or board with approving authority for final approval. This requirement may be modified up to ten percent by the administrator based upon site conditions.
        3. c.
          For all other cases where existing vegetation is damaged or removed, the type and amount of replacement vegetation required shall be of the type and amount that is necessary to provide the type of landscaping required under this section or interior preservation area identified on the landscape plan.

    ( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

    Effective on: 1/1/1901

    8.10. Penalties.

  • A.
    Any act constituting a violation of this chapter resulting in the destruction or removal of vegetation shall subject the landowner to a civil penalty of actual cost of replacement based upon a qualified estimate. In addition, trees that are destroyed shall be replaced in accordance with an approved re-vegetation plan.
  • B.
    It shall be the duty of the property owner to demonstrate that the development activities are in compliance with the permit issued. Unless otherwise specified in this chapter, the City of Brevard shall enforce the provisions of this chapter in accordance with the procedures, penalties, and remedies described in CHAPTER 18.
  • C.
    Stop work orders shall also apply for damaged and/or destroyed vegetation, interior significant growth, landscape, buffer yards, or tree save areas.
  • Effective on: 1/1/1901

    8.11. Emergencies.

  • A.
    In the case of emergencies such as windstorms, ice storms, fire, or other disasters, the requirements of this tree protection and landscaping chapter may be waived by the city during the emergency period so that the requirements of this ordinance will in no way hamper private or public work to restore order in the city. This shall not be interpreted to be a general waiver of the intent of this ordinance.
  • Effective on: 1/1/1901

    8.12. Modifications to standards.

  • A.
    Where necessary to accommodate creativity in site design, or where topographic or physical site conditions are not feasible, the administrator may modify these requirements up to ten percent, provided that the type and amount of landscaping or other features are equivalent in effectiveness.
  • ( Ord. No. 2021-16 , § 1(Exh. A), 4-19-21)

    Effective on: 1/1/1901