The requirements specified in this article shall apply to all developments within the county, except that in areas zoned agricultural, they shall not apply to civic associations and agritourism activities. In addition to these standards, there shall be additional standards, which apply to residential, office, business, and industrial developments, as well as signs, and access and internal circulation and other aspects of development as provided in this chapter.

(Ord. of 6-20-00; Ord. of 11-16-10, § 1)

Editor's note— An ordinance adopted June 20, 2000, amended the Code by adding provisions designated as Arts. XI and XII. The provisions set out directly above were not given a section designation. In order to conform to established Code format, in order to provide for better classification, and in order to facilitate in the indexing reference, and use of these above provisions, the editor has assigned them the section number shown above.

A comprehensive landscaping program is essential for the visual enhancement of the county. The purpose of this division is to: (i) facilitate the creation of a convenient, attractive and harmonious community; (ii) conserve and protect natural resources; (iii) enhance property values; (iv) preserve the unique character of an area; (v) encourage the appropriate use of land; (vi) decrease stormwater runoff and aid in the prevention of erosion; and (vii) provide transition between neighboring properties. Additionally, this division is intended to require the landscaping of parking lots in order to minimize the effects of noise, glare and wind; and enhance public safety by defining spaces to influence traffic movement.

(Ord. of 6-20-00)

(1)

A landscape plan shall be submitted in conjunction with final site plan and subdivision plan design approval. It shall be conceived in a total pattern throughout the site, integrating the various elements of site design, preserving and enhancing the particular identity of the site, and creating a pleasing site character.

(2)

The landscape plan shall be prepared by a landscape architect or engineer that is licensed or certified by the Commonwealth of Virginia or a landscape designer that is certified by the Virginia Society of Landscape Designers.

(3)

The landscape plan shall include the following information:

(a)

Scale and scale graphic.

(b)

Dimensions and distances.

(c)

Delineation of existing and proposed parking spaces or other vehicle areas, access aisles, and driveways.

(d)

Location, size, and description of all existing and proposed landscaping materials.

(e)

Limits of land disturbance.

(f)

Tree protection measures.

(g)

Limits of wetlands, tributary streams and 100-year floodplains (base flood hazard area).

(h)

All existing and proposed easements including utility and drainage easements.

(i)

Tree cover calculations excluding one-family dwelling lots.

(j)

Procedures and schedules for the implementation, installation and maintenance of tree protection measures. The procedures and schedule must require that the tree protection measures shall be installed prior to any land disturbing activity.

(k)

The location of all buffers required by proffered zoning conditions or the County Code.

(l)

Identification of all zoning proffers relating to buffers, landscaping, screening, mounds, erosion and sediment control and water quality maintenance or protection.

(4)

The landscaping measures and tree cover required by this section shall be shown on such plan and shall be completed and/or installed or planted according to the approved plan and specifications prior to the issuance of any permanent certificate of use and occupancy or other final approval. Such approval shall be after appropriate inspection and certification by the director of planning that the provisions of this section and other provisions of this chapter have been met and that the installation and/or construction of all required landscaping and/or other required improvements is accomplished or otherwise guaranteed.

(Ord. of 6-20-00)

(1)

The director of planning, or his agents, shall be responsible for the administration, approval and enforcement of buffer and landscape plans as specified in this article. The review and approval of such plans shall be completed within 60 calendar days from receipt of the applicant requests or consents to an extension beyond such time period.

(2)

Revisions, modifications and/or additions to approved plans shall be submitted, reviewed and approved in the same manner as previously approved.

(3)

Written appeals from final decisions of the director of planning shall be filed with the planning commission within 15 days of that decision. The commission shall fix a reasonable time for hearing the appeal. The commission may affirm, modify or reverse the decision. During the appeal period the director of planning shall not approve the plan or any permit for construction that would or could be affected by the appeal.

(Ord. of 6-20-00)

The following standards shall apply to the preservation, installation and permanent retention of all landscaping, screens and buffers required by the provisions of this article:

(1)

Landscaping may include plant materials, such as trees, shrubs, ground covers, perennials and annuals; and other materials, such as rocks, water, sculpture, art, walls, fences, paving materials and street furniture.

(2)

Trees and other plant materials that are to be planted shall be selected from species suitable for the proposed site.

(3)

All trees and shrubs shall be planted in accordance with the "Standardized Landscape Specifications," jointly adopted by the Virginia Nurseryman's Association, the Virginia Society of Landscape Designers and the Virginia Chapter of the American Society of Landscape Architects.

(Ord. of 6-20-00)

(1)

Quality. All plant materials shall be living and in a healthy condition. Plant materials used in conformance with the provision of these specifications shall conform to the standards of the most recent addition of the "American Standard for Nursery Stock," published by the American Association of Nurserymen.

(2)

Minimum size standard. All trees required to meet the provisions of this section shall meet the following minimum size standards:

(a)

Large and medium deciduous trees: A large deciduous tree shall be of a species having an average minimum mature crown spread of greater than 30 feet and a minimum caliper of at least three and one-half inches measured six inches from ground level at the time of planting.

(b)

Small deciduous trees: A small deciduous tree shall be of a species having an average minimum mature crown spread of greater than 12 feet is required. At the time of planting, a minimum tree caliper of at least two and one-half inches and height of six feet, measured six inches from ground elevation after planting, is required.

(c)

Evergreen trees: A minimum height of six feet at the time of planting, measured from ground elevation after planting.

(d)

Medium shrubs: Shrubs and hedge forms shall have a minimum height of two feet at the time of planting, measured ground elevation after planting.

(3)

Maintenance:

(a)

The planting and maintenance of all trees and shrubs shall be in accordance with an approved landscape plan when required.

(b)

The owner shall be responsible for maintenance, repair and replacement of landscaping materials, buffering and screening that is required by this article. Replacement landscaping must be in accordance with minimum standards of this article.

(c)

All plant material shall be tended and maintained in a healthy growing condition, replaced when necessary and kept free of refuse and debris. All diseased and/or dead plant materials, except leaves and other normal forest litter, shall be promptly removed and replaced during the normal planting season and in all cases within a year.

(d)

The owner shall maintain fences, walls and screens, including gates and doors, in good repair.

(4)

Installation and bonding requirements:

(a)

All landscaping shall be installed in accordance with professionally accepted landscaping practices. Landscaped areas shall require protection from vehicular encroachment by such means as, but not limited to, wheel stops, concrete or bituminous curbs.

(b)

Where landscaping is required, no certificate of occupancy shall be issued until the required landscaping is completed in accordance with the approved landscape plan. When the occupancy of a structure is desired prior to the completion of the required landscaping, a certificate of occupancy may be issued only if the owner or developer provides a form of surety satisfactory to the director of planning in an amount equal to the costs of completing the required landscaping.

(c)

All required landscaping shall be installed and approved by the first planting season following issuance of a certificate of occupancy or the surety described above may be forfeited to the county. This requirement shall not preclude the phasing of landscaping programs for larger development projects, the timing of which shall be approved by the director of planning.

(Ord. of 6-20-00)

Except as exempted below, all developments requiring approval of a site plan and/or construction plan shall provide minimum tree cover at ten years' maturity as set forth below.

(Ord. of 6-20-00)

The tree cover requirement shall be calculated and shown on the landscape plans. The method of calculating the required tree cover shall be executed by using the following procedures:

(1)

Site plans. Tree cover requirements for site plans shall be calculated as follows:

a.

Calculate the gross site area in square feet.

b.

Calculate in square feet the ground coverage area of all buildings. Exclude parking structures, easements, parking areas, areas reserved or dedicated for future street construction, future school sites, playing fields or other public improvement, and other areas which are identified as exceptions (or modifications approved by the director of planning) to the tree cover requirements. Subtract this total from the gross site area and this is the adjusted gross site area.

c.

Multiply the adjusted gross site area by the percentage of tree area cover required by the zoning district to obtain square feet of tree cover required. The minimum tree area cover required is found in section 22-416 above.

d.

Calculate the square feet of tree cover provided by vegetation proposed to be preserved. Multiply this area by a factor of 1.25 to allow for ten-year growth of existing vegetation (a higher factor of up to 2.0 may be used for trees of outstanding size or quality if approved by the director of planning). If the area of tree cover to be provided by preserved vegetation does not meet that required as calculated in c. above, the deficiency shall be met by planting acceptable landscape trees.

e.

To calculate the area in square feet provided by proposed landscape trees consult the "Appendix A, Trees & Shrubs for Virginia Landscapes, Vol. 1—Commonly Used Plants, Tree Canopy Spread & Coverage After 10 or 20 Years" adopted by the Virginia Nursery and Landscape Association, Inc. This provides areas credited to the planting of specific tree species according to the proposed size at planting. Add the square footage credits provided by all proposed trees to arrive at the total area to be provided by landscape planting.

f.

Add the area provided by existing vegetation to be preserved to the area provided by landscape planting (if needed) to determine the total proposed tree cover area. The total of proposed tree cover area must meet or exceed the percentage of ten-year tree cover area as calculated in subsection c. above.

(2)

Sections or phases:

a.

When a development is divided into phases or sections, each phase or section shall be treated separately for tree cover requirements unless exemption is permitted by the director of planning pursuant to finding that a proposed alternative meets the intent and spirit of this section and all other requirements.

b.

In the event a development provides conservation or scenic easements or provides dedicated open spaces, tree cover provided in the dedicated open space may be credited toward meeting the tree cover requirement for the entire development. The remaining tree cover requirements shall be met in the individual phases or sections of the development. In such cases, the calculations showing a breakdown of where tree cover is to be provided in the open space and each section or phase shall be shown on overall plan and on each incremental phase or section submitted within the overall development.

(Ord. of 6-20-00)

(1)

[Preservation to be maximized.] Preservation of existing vegetation shall be maximized, wherever practicable, to provide for continuity and improved buffering. Except when otherwise necessary to provide access or when exempted by this section, any tree eight inches or greater in caliper located within the setback from a public right-of-way shall be retained. Tree removal may be approved where site design modification is not feasible. Any healthy existing tree or shrub may be included for credit towards the requirements of this section. If any preserved tree or shrub that has been credited dies within three years of construction, trees or shrubs shall be planted to meet the minimum tree cover canopy density.

(2)

Tree preservation credit:

(a)

Existing trees which are to be preserved may be utilized to meet all or part of the tree cover requirements if these existing trees are identified on the approved landscape plan.

(b)

The credit provided for freestanding trees or clusters of trees will be 1.25 multiplied by the area defined by the boundaries of the existing drip line of a freestanding tree or cluster of trees as surveyed in the field and delineated on the tree protection plan. A credit of up to 2.0 may be granted by the director of planning for trees of outstanding size and quality.

(3)

Tree planting credit:

(a)

Trees planted in parking lot interior landscaping, parking lot peripheral landscaping, transitional screening or buffer areas, landscaped open space, revegetation, tree supplementation, tree replacement and other trees that are planted on the site may qualify for tree cover credit.

(b)

The tree cover calculations for planted trees shall be based upon the projected ten years' maturity for each tree. Other trees and larger tree sizes with submission of supporting tree cover data shall qualify for the tree cover credit.

(4)

Permitted deviations:

(a)

The director of planning may approve a plan which deviates from the requirements of this section when necessary:

1.

To allow for the reasonable development of farmland or other areas devoid of woody materials;

2.

To allow for clearing and grading required to achieve positive, proper drainage away from residential structures;

3.

To allow for the reasonable development of dedicated school sites, playing fields and other non-wooded recreation areas;

4.

To allow for the preservation of wetlands; and

5.

To avoid unreasonable hardship to the owner.

(b)

When permitting deviations from the strict requirements of this section, the director of planning may impose conditions to accomplish the intent of this section.

(Ord. of 6-20-00)

(1)

Peripheral parking lot landscaping. If any parking lot contains six or more spaces and transitional buffering is not required, peripheral parking lot landscaping shall be required as follows:

(a)

Where the property line abuts land other than the right-of-way of any street:

1.

A landscape strip ten feet in width shall be located between the parking lot and the abutting property lines. Where such strip would adversely separate functional parking areas and reduce efficiency and vehicular circulation, an equivalent area may be provided in landscape islands.

2.

At least two trees for each 100 linear feet shall be planted in the landscape strip. At least one tree shall be planted in every landscape strip.

(b)

Where the property line abuts the right-of-way of a street:

1.

A landscape strip ten feet in width shall be located between the parking lot and the property line. The landscape strip may include a sidewalk or trail. Were easements preclude such landscape strip adjacent to the right-of-way, it shall either be situated adjacent to the easement if practicable or an equivalent area shall be provided as close as practicable to the right-of-way or easement.

2.

At least two and one-half trees for each 100 linear feet shall be planted in the landscape strip. At least one tree shall be planted in every landscape strip.

3.

Where peripheral landscaping required by this section conflicts with the street planting regulations of the Virginia Department of Transportation, the regulations of the latter shall govern.

(2)

Interior parking lot landscaping:

(a)

All parking lots of six or more spaces shall be provided with interior landscape areas containing not less than five percent of the total area of the parking spaces. Such landscaping shall be in addition to any planting or landscaping within six feet of a building, parking lot peripheral landscaping and transitional buffering required by this section.

(b)

The primary landscaping materials used in parking lots shall be trees that provide shade or are capable of providing shade at maturity. Shrubs and other live planting materials may be used to complement the tree landscaping, but shall not be to the sole contribution to the landscaping.

(c)

The landscape areas shall be reasonably dispersed throughout the parking lot.

(d)

No parking area shall include a line of more than 19 spaces uninterrupted by a landscape area at least nine feet in width and containing at least 162 square feet. The interior dimensions of any planting area shall be sufficient to protect all landscape materials planted therein.

(e)

Areas for vehicle storage or nonpublic parking areas, such as vehicle storage lots and automotive display lots, shall be exempt from these requirements if the area is screened as otherwise required by this chapter in accordance with an approved plan.

(Ord. of 6-20-00)

(1)

Buffers shall be designed to provide a horizontal distance and open space between certain uses; preserve vegetation; provide transition and separation; reduce noise and glare; and/or maintain privacy. Buffers shall provide intermittent visual separation between uses.

(2)

Screening shall provide a vertical barrier and shall be designed to block visual or noise impact. When unrelated activities are located adjacent to one another, buffers and screening as required herein shall be used to ensure compatibility between adjacent uses.

(Ord. of 6-20-00)

(1)

In addition to the buffers required herein, the board of supervisors; planning commission by modifications to development standards and requirements only; or board of zoning appeals may require buffers at the time of their final decision on applications before them. Buffers shall be of such length, width and type as will effectively and appropriately buffer one use from another use where such uses are deemed to be incompatible, whether such uses are within the same districts or in different districts. Such buffers shall not be used for any purpose other than as a permitted herein, or as permitted by the action of the board of supervisors, planning commission or board of zoning appeals.

(2)

Existing mature vegetation located within required buffers shall be maintained unless removal is approved during subdivision or site plan review. Further, preserved vegetation may be substituted for required landscaping materials if approved during subdivision or site plan review.

(3)

Buffers shall be provided on the lot or parcel pursuant to the matrix contained in section 22-423.

(4)

When the development is to contain more than one use or group of uses, the more stringent requirements of the matrix shall apply.

(5)

Buffers shall be required at the outer boundaries of a lot along the rear and/or side property lines and shall be provided except where driveways or other openings may be required, as approved at the time of site plan approval.

(6)

Unless otherwise specified, buffers shall be inclusive of required yards.

(7)

When required, screening shall provide complete visual separation of outside storage, loading docks, overhead doors, service areas, trash collection storage areas, vehicle storage yards and similar uses.

(8)

The only uses permitted by right in buffers shall be landscaping and screening as permitted herein; however, signs, security fencing, utilities which run generally perpendicular through the buffer, pedestrian walkways, or similar uses may be permitted through subdivision, site plan review, provided that the purposes stated in section 22-420 are maintained.

(9)

Except for buffers required by the board of supervisors as a condition of zoning or by the board of zoning appeals, the requirements for buffers and screening may be waived and/or modified by the planning commission during site plan review and approval under any of the following conditions:

(a)

If the strict application of the provisions of the division reduces the usable area of a lot, due to lot configuration or size to a point which would preclude a reasonable use of the lot, buffer and/or screening requirements may be waived or modified provided the side or rear of a building, a barrier and/or the land between that building and the property line has been specially designed to minimize adverse impact through a combination of architectural and landscaping techniques.

(b)

If the building, a barrier and/or the land between that building and the property line has been specially designed to minimize adverse impact through a combination of architectural and landscaping techniques.

(c)

If the adjoining land is designated the county's adopted comprehensive plan for a use which would not require the provision of buffers or screens.

(d)

If the adjoining property is used for any public purpose other than a school, day care center or hospital.

(e)

If adjacent residential or agricultural property is used for a compatible use, which has, been permitted by the board of zoning appeals as a special exception or the board of supervisors as a conditional use.

(f)

If the topography is such that the requirements of this division would not be effective.

(g)

Between uses that area to be developed under a common development plan.

(h)

If adjacent residential or agricultural property is undevelopable for residential uses because it is a resource protection area.

(10)

Except for buffers required by the board of supervisors as a condition of zoning or by the board of zoning appeals, the requirements for buffers and screening may be waived and/or modified during site plan review and approval under any of the following conditions:

(a)

When the adjacent lot is in an R district and is occupied by a nonresidential use. If the adjacent lot is vacant, its use shall be considered as residential unless the county's adopted comprehensive plan designates such lot for nonresidential use.

(Ord. of 6-20-00)

(1)

Buffers: Buffers shall be provided as shown on the buffer width matrix in section 22-423. Landscaping shall be accomplished within required buffers as follows:

(a)

A ten-foot buffer shall consist of an unbroken strip of open space and shall be planted with two large deciduous or evergreen trees with an ultimate height of 50 feet or greater and one small deciduous or evergreen trees with an ultimate height of 20 feet or greater and 25 shrubs for every 100 linear feet or portion thereof.

(b)

A 25-foot buffer shall consist of an unbroken strip of open space and shall be planted with four large deciduous or evergreen trees with an ultimate height of 50 feet or greater and two small deciduous or evergreen trees with an ultimate height of 20 feet or greater and 25 feet shrubs for every 100 linear feet or portion thereof.

(c)

A fifty-foot buffer shall consist of an unbroken strip of open space and shall be planted with eight large deciduous or evergreen trees with an ultimate height of 50 feet or greater and four small deciduous or evergreen trees with an ultimate height of 20 feet or greater and 25 shrubs for every 100 linear feet or portion thereof.

(d)

A 75-foot buffer shall consist of an unbroken strip of open space and shall be planted with ten large deciduous or evergreen trees with an ultimate height of 50 feet or greater and six small deciduous or evergreen trees with an ultimate height of 20 feet or greater and 25 shrubs for every 100 linear feet or portion thereof.

(e)

A 100-foot buffer shall consist of an unbroken strip of open space and shall be planted with 12 large deciduous or evergreen trees with an ultimate height of 50 feet or greater and eight small deciduous or evergreen trees with an ultimate height of 20 feet or greater and 25 shrubs for every 100 linear feet or portion thereof.

(2)

Screening: Screening shall be accomplished by building design or by the use of durable architectural walls or fences constructed of comparable materials to the principal building and using a design compatible to the principal building on the property.

(Ord. of 6-20-00)

The required width of buffers shall be determined from the following matrix. The left column of the matrix represents the use of the zoning lot on which the buffer must be provided and the top column of the matrix represents the use of property contiguous to the zoning lot. The interior numbers in the matrix represent the width in feet of the required buffer on the zoning lot:

(Ord. of 6-20-00)