The standards of this section provide for the preservation of existing vegetation and for the installation and maintenance of new vegetation and other landscape architectural features. The purpose of these standards is to:

A. Improve property and community appearance without compromising community safety, including minimization of the offsite visual impact of extensive land disturbance;

B. Allow for the ecological benefits provided by plant materials, including protection of land from unnecessary erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. and watercourse A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur. sedimentation Solid particulate matter, both mineral and organic, that has been, or is being, transported by water, air, gravity or ice from its site of origin., reduction of stormwater runoff The direct runoff of water resulting from precipitation in any form., improvement of air quality, and provision of wildlife habitat;

C. Reduce the urban heat island effect;

D. Enhance the beauty of the built environment; and

E. Enhance the privacy and welfare of citizens by separating incompatible land uses.

A. The landscaping and buffering standards of this section shall apply to all proposed development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. for which a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., minor plat A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided., or preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. is required.

B. Land used toward achieving the requirements of the section need not hold the same zoning designation as the use to which the landscaping and buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. applies, unless the property is zoned with a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance. showing all requirements met onsite. If the landscaping or buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is not on site, the landscaping shall either be on the same lot or on contiguous property under the same permanent possession or control as the lot on which the use is located.

The Landscape Manual for Durham, North Carolina, also referred to as the Landscape Manual shall provide the following:

A. A list of species that shall be used within the City and County of Durham, including appropriate applications and specifications, to satisfy the requirements of this Article for site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided..

B. Diagrams depicting required planting methods that shall be included, as applicable, on site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided..

C. Diagrams depicting required tree protection fencing specifications that shall be included, as applicable, on site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and plats A map, chart or plan of a tract or parcel of land which is to be or which has been, subdivided..

D. Diagrams illustrating recommended methods for buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. depictions on site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review..

E. Recommended best practices for landscaping methodologies including, but not limited to, “water-wise” approaches to landscape materials and incorporation of Crime Prevention Through Environmental Design (CPTED) principles.

There are five basic plant types referred to in this section, and all shall require the use of locally-adapted plants. They include deciduous canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees, evergreen canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees, deciduous understory trees, evergreen understory trees and shrubs, defined as follows:

A. Deciduous Canopy Trees

Large deciduous shade trees with a mature height of 30 feet or greater and a mature spread of 30 feet or greater in the Suburban or Rural tiers or, in the SRP-C District (County Only), Urban, Compact Neighborhood, and Downtown tiers, a mature height of 20 feet or greater.

B. Evergreen Canopy Trees

Trees at least 20 feet tall at maturity that usually have green foliage throughout all seasons of the year.

C. Deciduous Understory Trees

Small deciduous trees or large deciduous shrubs with a mature height of 10 to 30 feet.

D. Evergreen Understory Trees

Trees or large shrubs at least 10 feet tall at maturity that usually have green foliage throughout all seasons of the year.

E. Shrubs (Deciduous and Evergreen)

Prostrate or upright woody plants, either evergreen or deciduous, with a mature height usually less than 10 feet. Evergreen shrubs usually have green foliage throughout all seasons of the year.

Unless specified elsewhere in this Ordinance, plant material shall meet the minimum requirements listed below. When determining the quantity of plant material required, the quantity shall always be rounded up to the nearest whole number.

A. Plant Materials, General

All plant material shall meet or exceed size and shape relationships specified in the latest edition of The American Standard for Nursery Stock published by the American Association of Nurserymen.

B. Trees

1. Deciduous Canopy Trees

Deciduous canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees shall have a minimum size of two-inch caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. at time of planting, unless permitted under paragraph 8.3.1E.3.

2. Evergreen Canopy Trees

Evergreen trees shall have a minimum height of eight feet at the time of planting.

3. Deciduous Understory Trees

a. Deciduous understory trees with single stems shall have at a minimum size of one-inch caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. and a minimum height of eight feet at the time of planting.

b. Multi-stemmed deciduous understory trees shall have a minimum height of eight feet at the time of planting.

4. Evergreen Understory Trees

Evergreen understory trees shall have a minimum height of six feet at the time of planting.

5. Tree Spacing

a. Canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees shall be planted at least 18 feet apart.

b. Deciduous understory trees shall be planted at least 12 feet apart.

c. The spacing between canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. and deciduous understory trees shall be at least six feet.

6. Mixing of Tree Species

When more than 10 trees are required to be planted on a site to meet these regulations, a mix of species shall be provided. The following table indicates the maximum percentage of trees of the same genus and species that may be planted.

C. Shrubs

1. Deciduous and Evergreen Shrubs

a. All shrubs shall be cold hardy and heat tolerant.

b. Upright shrubs shall be a minimum of 15 inches in height at the time of planting.

c. Shrubs shall not be planted closer than three feet on center. Shrubs shall not be planted closer than three feet to planted trees, nor within six feet of existing protected trees; however, no more than 25% of the tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. of an existing tree may be disturbed with new plantings.

d. When planted as a hedge, the maximum spacing for 24-inch high shrubs shall be 36 inches on center. Spacing for other size shrubs shall as specified within the Landscape Manual pursuant to paragraph 9.2.1, Landscape Manual.

2. Mixing of Shrub Species

When more than 20 shrubs are required to be planted on a site to meet these regulations, a mix of species shall be provided. The following table indicates the maximum percentage of shrubs of the same genus and species that may be planted.

D. Plant Species List

1. A list of plants by type and appropriate location or use to satisfy the requirements under this Article shall be maintained within the Landscape Manual pursuant to paragraph 9.2.1, Landscape Manual.

2. A list of prohibited plants identified as inappropriate for use within Durham City and County shall be maintained within the Landscape Manual. These plants shall not be used to satisfy landscaping requirements, either as existing or proposed plant material.

3. When a species or cultivar is proposed for use but is not listed within the Landscape Manual, a professional urban forester or certified plant professional shall certify that the use of the plant material is appropriate for the intended use and location, and that it does not have invasive tendencies.

Landscaping plans shall be prepared by certified arborists, landscape architects, or other similarly licensed professionals with a proficiency in preparing landscaping plans. Tree surveys shall be reviewed and signed Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. by a certified arborist or forester to confirm the size and species of the trees depicted on the plans.

A. Easements

1. Trees can be planted in access or utility easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., including stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. control measure access and maintenance easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., provided that they are a species adapted for the nature of the easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes..

a. Approval by the entity or Department responsible for the easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. shall be required for the location of the trees proposed for planting.

b. Compliance with additional requirements by the responsible entity or Department shall be required.

2. Shrubs shall be installed at least five feet away from the flow line of a swale.

3. Shrubs can be planted in a public utility A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility. easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. provided they are approved by the utility provider.

4. If the entity responsible for an existing easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. denies the location of landscaping material that is otherwise required by this Article, the required landscaping location can be modified to the minimum extent necessary to avoid conflict with the easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes..

B. Tree Grates

Tree grates for required trees shall not be permitted in the Rural Tier. When used, such grates shall be sized and maintained to ensure continued health of any required tree and installed so as not to create any pedestrian hazard.

C. Groundcovers and Mulch

1. Groundcovers can be planted around trees, provided they are located outside of the planting hole.

2. Mulch shall be used in all areas where no other ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. or grass is used to avoid bare spots.

D. Certification

Certification by a licensed landscape architect or licensed landscape contractor Individuals or firms engaged in the construction of buildings, either residences or commercial structures, as well as activities such as paving, highway construction, and utility construction. verifying that all plants have been installed per all UDO and Landscape Manual requirements shall be submitted before a Certificate of Compliance will be issued.

A. Healthy vegetation that is retained can be credited toward landscaping requirements.

B. Vegetation to be saved shall meet all requirements of paragraph 8.3.2, Protection of Existing Vegetation.

A. Healthy canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees can be retained and credited toward landscaping requirements if each tree proposed for credit has a dbh of at least one inch, or larger if specified elsewhere in this ordinance, and all requirements of paragraph 8.3.2, Protection of Existing Vegetation, are satisfied. Credit given for existing, healthy, protected trees shall be a number equal to the value of the dbh of each protected tree divided by two inches, but no fraction thereof.

B. Credit shall be allocated on a one-for-one basis for healthy evergreen trees, deciduous understory trees, evergreen understory trees or shrubs. The size of material shall not be taken into account, except where such material is below the required minimum planting size, in which case no credit shall be granted.

C. In order to receive credit for any retained trees, at least 75% of the tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. shall remain undisturbed. Root zones extending into rights-of-way shall be considered disturbed areas, unless legally binding protections are placed upon those areas. Trees whose tree protection zones The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. fall outside the protected area, but are within larger groups of trees, shall not count toward any landscaping requirements but shall be left in place unless they are diseased or otherwise hazardous to the integrity of the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. or the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

D. Existing trees located within 30 feet of power lines or within utility easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. shall not be eligible to receive credit, unless the tree is a species appropriate for underneath power lines or received approval to be located within the utility easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes..

A. All trees, shrubs and groundcover within a minimum 20-by-20-foot area for each unique stand of vegetation proposed to be retained shall be inventoried and identified on the landscape plan.

1. Photographs can be used to supplement the sample but shall not replace it.

2. For purposes of determining preserved tree coverage, shrubs and groundcover need not be included in the sampling.

B. The Planning Director, or designee, can require additional sample areas as needed to ensure a representative sample of the existing vegetation.

A. Rural, Suburban, and Urban Tiers

Project boundary buffers shall be required in the Rural, Suburban, and Urban Tiers, considering the proposed use and zoning district and the adjoining uses and zoning districts.

B. Compact Neighborhood Tier – Zoning Other than Design District

No project boundary buffers shall be required for property in the Compact Neighborhood Tier, unless the proposed project is adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. or property with a residential designation in the Suburban or Urban Tiers, in which case, project boundary buffers shall be required only on the side of the project adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to such property in the other Tier.

C. Design Districts

1. No project boundary buffers shall be required for property in Design Districts, unless the proposed project is adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use in the Urban or Suburban Tier, or outside of Durham’s jurisdiction.

2. Where required, project boundary buffers in Design Districts shall be provided at 20% opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. when adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to property within the Urban Tier and 40% opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. when adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to property within the Suburban Tier or outside of Durham’s jurisdiction, in accordance with paragraph 9.4.5C, Urban and Compact Neighborhood Tiers.

3. When required, project boundary buffers shall be required only on the side of the project adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to such property in the other Tier or jurisdiction.

4. No buffers shall be required along rights-of-way in Design Districts regardless of their width.

D. Commercial Crop Production

No project boundary buffers shall be required for commercial crop Cultivated plants or agricultural produce, such as but not limited to grain, vegetables, or fruit. production, except for permanent on-site sales facilities and associated vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. use areas.

E. Adjacent to Design Districts

No project boundary buffers shall be required in a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a Design District.

F. Internal to Development Plan Sites

No buffers are required internal to sites with a development plan A type of plan that becomes part of the zoning of a property that establishes the level of development allowed absent further zoning action except as otherwise allowed or required under this Ordinance., except when a nonresidential component is constructed adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to, including any intervening right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or driveway A private roadway located on a parcel or lot used for vehicle access., an existing residential component. If a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is required:

1. Nonresidential sites consisting of development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of 20,000 square feet or less with uses allowed in the CN district shall be considered CN for buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. purposes; or

2. In all other instances, the nonresidential site shall be considered CG for buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. purposes.

G. Along Rights-of-Way

1. A project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is not required adjoining a street or railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. that is greater than 60 feet in width.

2. In the Suburban Tier, a project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. for a residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. is not required adjoining a street or railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. that is greater than 80 feet in width.

3. Notwithstanding the above allowances, buffers shall be provided for mass graded The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the Suburban Tier per paragraph 9.4.3C.6.

H. Same Use Category

Except for buffers required by paragraph 9.4.3C.6,no project boundary buffers shall be required between uses in the same top level Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Category, categorized as follows:

1. Agricultural

2. Residential

3. Public and Civic

4. Commercial

5. Office A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products.

6. Industrial

Unless otherwise specified in this Ordinance, required project boundary buffers shall be provided along the perimeter of any lot or development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. and shall be designated and dimensioned on all site plans An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. and preliminary plats A map indicating the proposed layout of a development and related information that is submitted for preliminary review..

A. Opacity

1. The buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. standards in the table below address the opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. that is required on the property boundary between zoning districts, and in some instances within a zoning district.

2. An opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 0.1 screens The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. 10%, and an opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 1.0 would fully screen The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. the use from adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties during summer months no more than five years after planting.

B. Project Boundary Buffer Table

How to Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. this Table: The second number represents the Total Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., which normally occurs across the property line, with unequal responsibility for buffering on both sides of the line based on intensity of the use or district. Therefore:

1. The first number indicates the required opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. when adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to undeveloped land.

2. The second number is the opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. required when adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. without a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

3. If a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. exists on adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property, the required opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. on the property to be developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be the difference between the opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. on the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property from the total, or second, opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. number.

4. A zero means no project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is required.

Example: A new development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the CG District abutting a developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. RS District without a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. would be required to provide a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. with a total opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of .8 (80% opaque). If the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. RS property were undeveloped, the requirement would be reduced to .6 (60% opaque), and the developer Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of the RS property would provide the remaining .2 (20%) at the time of development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of the residential property.

C. Modifications of the Project Boundary Buffer Table

1. Multiplex and apartment development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. proposed in any district to be adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. on other properties shall provide buffers in accordance with the provisions for RS-M if in the Suburban tier or RU-M in the Urban tier.

2. Nonresidential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. proposed in a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. to be adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or residential developments Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. (except for upper story The horizontal division of a building made up of the space between two successive floors, or a floor and the roof. A level that is principally above ground, and not below grade, nor below street level, or within roofline, tower, or a roof deck. residential or with any intervening street or railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.) on other properties, that would not otherwise require a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., shall provide buffers in accordance with the provisions of the CN District in determining buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements. Principal uses listed in paragraph 5.2.4F, Parks and Open Areas, except playgrounds A constructed area designated for play and recreation typically for children, surfaced with material recommended by the most current safety handbook published by the U.S. Consumer Product Safety Commission, and consisting of play structures and equipment, including but not limited to, slides, swings, rockers, and climbing apparatus. and zoos, are exempt from this requirement.

3. Nonresidential uses proposed next to property used for residential purposes, although nonresidentially zoned, shall provide a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. along the side of the property adjoining the property used residentially equivalent to one-half of the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width that would have been required for property with a residential zoning designation within that Tier. Except for industrial uses, as an alternative to a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., a wall pursuant to paragraph 9.4.8, Walls, Berms and Fences in Buffers, may be provided.

4. The buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirement for a subject property zoned Industrial Light (IL) adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to property zoned Industrial (I), per the table in paragraph 9.4.3B, shall be 0.2/0.4 when the subject property is four acres or less in size.

5. Some uses may require additional buffering, as set forth in the specific use standards of Sec. 5.3, Limited Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Standards.

6. For residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. utilizing mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition., a minimum opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 0.6 shall be required, unless a greater opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. is otherwise required.

7. Single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. and two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. subdivision All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets. in the RU-M district shall not require buffers adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to, or across right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. from, RU-5 or RU-5(2) districts and single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the RU-M district.

D. Major Specimen Trees Protected

Existing major specimen trees located within a required project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be surveyed and protected as described in paragraphs 8.3.5 and 9.3.2, Existing Trees. Removal of such trees is allowed only as required to provide access to the property.

E. Any development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. that is adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to property located in another jurisdiction shall provide a minimum of 0.6 (60%) opaque buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. per the Tier of the subject development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. site along the boundary that is adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the other jurisdiction.

A. Natural Buffer Required

1. Existing healthy, natural forest cover and other vegetation shall be used to meet buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements in the Rural and Suburban Tiers in the following instance:

a. Where a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. with an opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 0.6 or greater is required;

b. Where the existing tree cover exceeds 15 feet in height; and

c. Where the existing tree canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. covers at least 25% of the required buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. area.

2. The minimum width of a required natural buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be 30 feet.

B. Natural Buffer as an Option

In the Urban Tier and in projects in the Rural and Suburban Tiers that do not require use of a natural buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., a natural buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. can be employed. A minimum natural buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width of 20 feet or the width required to satisfy paragraph 9.4.5, Constructed Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., whichever is greater, shall be required in these instances.

C. Tree Protection in Natural Buffers

In addition to the requirements of paragraph 8.3.2, Protection of Existing Vegetation, trees within natural buffers shall be protected as follows:

1. For the trees with a dbh of 30 inches or less, 75% of the tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. shall be undisturbed; and

2. For trees over 30 inches dbh, at least 90% of the tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. shall be undisturbed.

D. Additional Planting

If a natural buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. does not meet the opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. standards required by paragraph 9.4.3B, Project Boundary Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Table, then additional native-species plant material, based upon the applicable planting table in paragraph 9.4.5, Constructed Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., shall be provided to meet those standards. Sampling of existing vegetation within a natural buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. pursuant to paragraph 9.3.3, Sampling, shall be required to determine if it meets this standard.

A. Plant Units

The plant units The measure of plant material required for 100 linear feet of buffer area to meet landscape requirements and ensure variety in buffer plantings. listed below shall be considered comparable, and therefore interchangeable, as set forth below.

1. The following plant unit The measure of plant material required for 100 linear feet of buffer area to meet landscape requirements and ensure variety in buffer plantings. alternatives shall be used, unless otherwise specified in this Article, to satisfy the project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements:

a. Alternative 1: Mixed Evergreen

b. Alternative 2: Deciduous

c. Alternative 3: Evergreen

d. Alternative 4: Overhead Utility

e. Alternative 5: Intense

2. Alternative 2, Deciduous, shall not be permitted adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or uses unless employed with a wall pursuant to paragraph 9.4.8, Walls, Berms and Fences in Buffers.

3. Alternative 4, Overhead Utility, shall be permitted only where overhead utilities would conflict with the drip-line of canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees.

4. All shrubs used to meet plant unit The measure of plant material required for 100 linear feet of buffer area to meet landscape requirements and ensure variety in buffer plantings. requirements shall be upright shrubs.

B. Rural and Suburban Tier

1. The buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width and planting requirements in the table below shall be used to meet the opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. standards established in paragraph 9.4.3, Standards. Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. of the interactive buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model established is allowed pursuant to paragraph 9.4.7, Interactive Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Model, and where the slope of the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is at least 15%, in which case the requirements of paragraph 9.4.5D, Existing Slope Impacts, shall be applied.

2. When proposed residential units adjoin an active agricultural use, the minimum buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width shall be 50 feet, with a minimum opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 0.2.

3. Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. widths can be reduced by up to 25% through the incorporation of a wall or berm pursuant to paragraph 9.4.8, Walls, Berms and Fences in Buffers. Application of this reduction in width shall provide a corresponding reduction in the number of required shrubs.

C. Urban, Compact Neighborhood, and Downtown Tiers

1. The buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width and planting requirements in the table below shall be used to meet the opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. standards established in paragraph 9.4.3, Standards, for the Urban Tier and those areas of the Downtown and Compact Neighborhood Tiers that adjoin development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the Urban or Suburban Tiers and the opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. standards established in paragraph 9.4.1C for Design districts.

2. The interactive buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model established pursuant to paragraph 9.4.7, Interactive Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Model, shall be permitted to calculate acceptable reductions in buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width or variable mixes of plant units The measure of plant material required for 100 linear feet of buffer area to meet landscape requirements and ensure variety in buffer plantings.. The model can also be used when the slope of the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is at least 15%, as set forth in paragraph 9.4.5D, Existing Slope Impacts.

3. For projects within the CI District and Design Districts, an alternative to project boundary buffers shall be permitted with the following provisions:

a. A solid hedge composed of a minimum of 40 evergreen understory trees per 100 linear feet, with a minimum height of six feet at time of planting; or

b. A wall pursuant to paragraph 9.4.8, Walls, Berms and Fences in Buffers, is provided so long as any wall that is a structural part of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. may only be used if there is no glazing The portion of the building façade or external materials which are composed of glass or similar material. Glazing calculations include the glass used in the doors and windows of the building. in the wall.

4. For projects within the Urban Tier, CI District, and Design Districts, no buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be required for projects on lots less than 20,000 square feet, except for Industrial uses, which shall provide buffers pursuant to Section 9.4, Project Boundary Buffers.

D. Existing Slope Impacts

Existing slopes shall be considered those that are naturally occurring and not created through the grading A land disturbing activity that modifies the contours of the land. of the site.

Commentary: Proposed projects may require more than one type of buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.. For example, a project site might include a modest slope along the southern property line (requiring a flat land buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.) and a 20% hill on the northern property line (requiring an Upslope Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.).

1. Buffers with at Least 15% Slope

a. General

(1) Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. design changes depending on the degree of slope and whether the property being developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. is up or down slope from the property being protected.

(2) On slopes of at least 15% but less than 25%, for each 100 feet of buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. section length, an upslope or downslope buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be required.

(3) On slopes of least 25% for each 100 feet of buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. section length, a steep slope buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be required.

(4) Sloped buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. areas less than 100 feet in length, as measured parallel to the property line, and with less than five feet of difference in elevation between the project site and the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property shall be considered flat lands and be exempt from providing slope buffers.

b. Downslope Buffer

(1) Where the area containing the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. slopes down from the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property line toward the interior of the project at a slope of at least 15% but less than 25%, the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. may be less effective because roof areas may be exposed (the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property looks down onto the proposed site). In such cases, a steep slope buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. retaining the forest cover, or a standard project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. can be used buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

(2) If a constructed buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. is to be provided, 60% of the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width (starting at the property line) shall be graded A land disturbing activity that modifies the contours of the land. to a slope of less than 15% with the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. land. The fill shall return to grade A land disturbing activity that modifies the contours of the land. at a slope not to exceed 1:3 (33%). This may require a wider buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. to accommodate the fill. The interactive buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model established pursuant to paragraph 9.4.7, Interactive Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Model, shall be used to determine whether the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. achieves the required opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer..

c. Upslope Buffers

(1) Where the area containing the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. slopes up from the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property line toward the interior of the project site at a slope of at least 15% but less than 25%, the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. may be more effective due to the masking potential of the slope. In such cases, a standard project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., a steep slope buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., or the interactive buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model established pursuant to paragraph 9.4.7, Interactive Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. Model can be utilized.

2. Steep Slope Buffer (Slope at least 25%)

a. Tree Covered Slopes

If a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. area has a slope of at least 25% and tree coverage meeting the standards of paragraph 8.3.1D, Preserved Tree Coverage, exists on the site, the slope area shall be assumed to meet the requirements of a natural buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. with no healthy trees or shrubs removed and no grading A land disturbing activity that modifies the contours of the land. or clearing permitted.

b. Slopes with Minimal Tree Coverage

If a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. area has a slope of at least 25% but lacks the tree cover as specified above, then tree replacement pursuant to paragraph 8.3.1E, Replacement Tree Coverage, shall be required, except that:

(1) No trees greater than two inches caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. shall be planted; and

(2) A minimum of ten understory trees shall be provided per acre.

E. Buffer Width Modification

Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width shall normally be calculated as perpendicular to the property line, however, width modifications are allowed and shall be calculated based on the average width of the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. per 100 feet or portion thereof.

1. In no case shall the minimum width of the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. be less than one-half the required width.

2. The maximum width, for the purposes of installing required landscaping or receiving credit for existing vegetation, shall not be more than one and one-half times the required buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width.

A. Existing plant material on adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property can be credited toward buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements, provided that such material is in a permanently protected area such as a conservation easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. or similarly preserved area.

B. Plant material, either existing or proposed, on an adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property can be credited toward buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. requirements through use of a landscape easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes..

A. Alternative Buffers Permitted

To allow flexibility in buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. design, the interactive buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model, maintained by the Planning Director or designee, can be used to create a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. meeting or exceeding the opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. standards using a variety of widths, plant material, walls or berms under the following circumstances:

1. In the Downtown, Compact Neighborhood, and Urban Tiers, the interactive buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model can be used; however, no alternative buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be permitted to be less than one-half the minimum width shown in the tables in paragraph 9.4.5C, Urban, Compact Neighborhood, and Downtown Tiers, above.

2. In the Rural and Suburban Tiers, the interactive buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model can be used under the following conditions:

a. Where the slope of the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. exceeds 15%; or

b. Where an existing condition Conditions that exist at time of plan or plat submittal. prevents applying the minimum required width, and limited to the section where the condition exists.

B. Settings of the Model

Settings for the interactive buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. model are maintained at the offices A room, group of rooms, or building whose primary use is the conduct of a business, professional service, or governmental activity of a non-retail nature; including administration, record keeping, clerical work, and similar functions. This definition is not meant to include manufacturing, processing, repair, or storage of materials or products. of the Planning Department. Model settings can be obtained upon request at the Planning Department during normal business hours.

Where walls, berms or fences are built within any required project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., they shall meet the following requirements:

A. Walls

1. Walls located within a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. can be used to permit a reduction the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width pursuant to paragraph 9.4.5, Constructed Buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

2. All walls, when located within a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., shall have planted on the side facing the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property with at least one upright shrub for every six feet of wall length. These shrubs can be counted towards meeting the opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. requirement for the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

3. Where shrubs are planted adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a wall, the minimum distance between the wall and the property line shall be four feet.

4. The applicant shall be required to demonstrate provision for access and maintenance of landscaping and the wall structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. at the time of landscape plan approval.

5. Walls used within the CI District in lieu of a required buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width shall be permitted, with the following provisions:

a. The wall shall have a height of eight feet; and

b. The wall is not within sight distance triangle(s).

6. Within the CI District and Design Districts, no project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be required when the adjoining lot has a wall included as part of a required buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., the wall is located within five feet of the property line, and a recorded easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. exists for the wall and buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

7. Walls used within Design Districts in lieu of a required buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width shall be permitted, with the following provisions:

a. The wall shall have a minimum height of six feet;

b. A minimum of one upright, evergreen shrub shall be installed per four linear feet along the side of the wall facing off-site; and

c. The wall is not within sight distance triangle(s).

8. Walls shall comply with the height requirements pursuant to Sec. 9.9, Fences and Walls, except that walls located outside of areas that qualify as street frontage The boundary of a property adjacent to one side of a street. shall be a minimum height of six feet.

B. Berms

1. Berms located within a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. can be used to permit a reduction in buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width in the Suburban and Rural Tiers.

2. The minimum height shall be four feet.

3. 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. Prior to issuance of the first certificate of compliance A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit., berms shall be planted to ensure coverage by live plant material within five years.

C. Fences

1. No reduction in buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. width shall be provided based on the provision of a fence.

2. Fences shall be maintained in a structurally safe and attractive condition and with finished faces and plantings located towards the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property with at least one upright shrub for every six linear feet of fence length.

Where a separate legal parcel See “Lot of record.” is permitted for stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. management, buffers consistent with those required for the remainder of the project shall be required, except that if the stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. parcel See “Lot of record.” adjoins a street or railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. 50 feet or less in width, a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. with a minimum opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 0.2 shall be required and planted in accordance with the Public Works Department’s Reference Guide for Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

A. Vehicular and pedestrian passageways such as driveways A private roadway located on a parcel or lot used for vehicle access., railroad right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility., and bicycle and pedestrian paths, and utilities can cross a project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants., provided they cross at a maximum of 15 degrees from perpendicular.

B. Stormwater The flow of water which results from precipitation and which occurs immediately following rainfall or snowmelt. management facilities can be located in a buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. provided that an upland area that meets or exceeds the opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. requirements of paragraph 9.4.3, Standards, is provided.

A. Applicability

1. Mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffers shall only apply to activity within the City jurisdiction.

2. Mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition., as defined in Sec. 17.3, in the Rural, Suburban, Urban, and Compact Neighborhood Tiers where no other site improvements are proposed shall require perimeter mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffers at all exterior lot lines pursuant to this section.

3. Buffers required by this section shall no longer be required upon approval of a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for other site improvements, although buffers may be required by other provisions of this article. If such a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. or a final plat The final map of all or a portion of a subdivision which is presented for final approval. is approved, the required mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be retained until a project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. pursuant to Sec. 9.4, Project Boundary Buffers, is installed. A preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. does not relieve the applicant of the requirements of this paragraph.

4. A site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for buildings, not just utilities, must be approved to be relieved of the requirements of this section.

B. Buffer Standards

1. General

No grading A land disturbing activity that modifies the contours of the land. shall be allowed within mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffers except to provide reasonable access and for utility installation. All crossings and intrusions into the mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall be at an angle between 75 and 105 degrees, with minimal disturbance to the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

2. Adjoining Other Properties

a. Perimeter mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffers adjoining other properties (along exterior property lines), shall be a minimum of 65 feet in width if the adjoining property is developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., or 32 feet if the adjoining property is undeveloped, measured perpendicular to the boundary of the site, and shall be in place prior to such grading A land disturbing activity that modifies the contours of the land. activity.

b. Such buffers shall preserve existing vegetation.

3. Adjoining Public Rights-of-Way

a. Mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffers along public rights-of-way shall be at least 65 feet in width measured perpendicular to the boundary of the site and shall be in place prior to such grading A land disturbing activity that modifies the contours of the land. activity.

b. Such buffers shall preserve existing vegetation.

Forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. activities conducted in conformance with a Forest Management Plan that uses the current best management practices set out in “North Carolina Forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. Best Management Practices Manual To Protect Water Quality,” as amended, as adopted by the North Carolina Department of Agriculture and Consumer Services, shall not require a mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants.; however, if required buffers are not provided consistent with the requirements of paragraph 8.3.4, Clear Cutting, development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of the site shall be prohibited for a period of three or five years (in the City) or three years (in the County) from the date of forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. activities.

A. Applicability

1. An owner Any person having charge of any real property according to the records held by the Register of Deeds. shall have two years from the date that a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. is approved for land disturbing activity Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition. subject to this section where no other tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. improvements are proposed either to secure site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. approval for development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. of the tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. or to revegetate the site.

2. Revegetation required by this section shall not be required upon approval of a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for site improvements for that portion of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. with such improvements proposed. The remainder of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. shall continue to require revegetation until a site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. showing other site improvements is approved. A preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review. does not relieve the applicant of the requirements of this paragraph.

3. Revegetation is required only where land disturbing activity Any use of land by any person in residential, industrial, educational, institutional or commercial development, and in highway and road construction and maintenance, that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. This includes borrow and waste disposal activity not regulated by the provisions of the Mining Act of 1971 or the Department of Health and Human Resources, Division of Health Services. Land disturbing activities over which the State has exclusive regulatory jurisdiction as provided in NCGS § 74-46 through 74-68, or NCGS § 113A-56 (a) shall not be included in this definition. has taken place, and no site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development. for improvements has been approved within two years.

B. Revegetation Standards

1. So long as the required mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffers pursuant to this section have been provided and maintained, revegetation of a tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. with a ground cover Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. sufficient to restrain erosion The wearing away of land surface by the action of wind, water, gravity or any combination thereof. shall satisfy the requirement for revegetation.

2. If the required mass grading The grading of four acres or more at one time to prepare one or more lot(s) for construction. The phasing or staged grading of a project resulting in less than four acres in any given phase or stage shall not exclude the project from this definition. buffers were not provided and maintained, revegetation of a tract Contiguous land under one ownership or under multiple ownership either developed as a single unit or recorded as a single unit. shall create a biological community composed of a mixed and variable assemblage of native vegetation which is appropriate for the existing site conditions with at least three different species of trees native to Durham County and a tree density The number of dwelling units per gross acre, excluding accessory residences or dwelling units, or any other exclusion within this Ordinance. of at least 200 living trees per acre, with at least 50% of those trees having the potential of attaining a two and one-half inch or greater dbh within seven years.

A. All development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. shall be conducted in accordance with this section except that additions to existing residential buildings on single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. residential lots of record Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. recorded Also called “lot” or “parcel”, a parcel of land described by metes and bounds, or otherwise delineated by property boundary dimensions, on a plat recorded in the office of the appropriate Register of Deeds. prior to June 28, 1999, shall be exempt from the provisions of this section.

B. In the Rural Tier, residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. in the RR District shall be exempt from the provisions of this section except for conservation subdivisions All divisions of a tract or parcel of land into two or more lots, building sites, or other divisions for the purpose of sale or building development (whether immediate or future) or any division of land involving the dedication of a new street or a change in existing streets..

A. Street Trees in Districts other than SRP-C (County Only), CI or Design Districts

1. Number of Trees

Trees shall either be retained or planted such that there is an average of at least one street tree for every 40 feet of street frontage The boundary of a property adjacent to one side of a street. along the sides of all existing and proposed rights-of-way (except alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.), and private street easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes.. If understory trees are planted, then the average shall be at least one understory street tree for every 30 feet of street frontage The boundary of a property adjacent to one side of a street. along the sides of all existing and proposed rights-of-way (except alleys A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.), and private street easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes..

2. Location

a. New Streets

For new streets and extensions of existing streets, street trees shall be located in the right-of-way or street easement. The Public Works Director in consultation with the City Transportation Director or City Urban Forestry Division, as applicable, or NCDOT, as appropriate, may require an alternate location due to conflicts with existing utilities.

(1) Planting location within right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or street easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. shall be pursuant to street cross-sections within the Public Works Reference Guide for Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

(2) Planting and species requirements shall be pursuant to this Ordinance and the Durham Landscape Manual.

b.     All Other Locations

(1) Street trees shall be located within 10 feet of the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or street easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. and in a street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line.. In the Suburban and Rural Tiers, street trees located within four feet of street right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. require approval from the City Public Works Director in consultation with the City Transportation Director or City Urban Forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. Division, as applicable, or the NCDOT, or designees, as appropriate.

(2) Street trees can be planted in the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or street easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. under the following conditions:

(a) The City Public Works Director in consultation with the City Transportation Director or City Urban Forestry The act of growing trees, harvesting timber or replanting trees in accordance with a management plan endorsed by the NC Division of Forest Resources. Division, as applicable, or the NCDOT, or designees, as appropriate, authorize their location in a right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.;

(b) If the trees are existing trees, the tree protection zone The permeable land area around the base of a tree in which disturbances are prohibited in order to protect the roots of a tree and aid the trees survival. Tree protection zones are measured as the greater of: A.  Six-foot radius around the tree; or B.  One-foot radius for every inch of dbh. outside of the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. is protected; and

(c) There is no conflict with public utilities A business or service that provides the public with electricity, gas, water and sewer service, telephone or cable television service. A wireless communication facility, unless regulated as a public utility by State or federal regulations, shall not be considered a public utility..

3. Separation Requirements

The location of street trees can be varied, as long as the separation between each tree does not exceed 100 feet, measured between the centerline of each trunk. If existing obstructions When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream., access points, or sight distance triangles prevent compliance with the maximum separation requirement, the separation can exceed the maximum only to the extent necessary to avoid the obstruction When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream., access point, or sight distance triangle.

B. Street Trees in the SRP-C District (County Only), CI District, and Design Districts

Street trees shall be provided pursuant to Sec. 16.4, Streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. Standards.

A. Developers Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. can use existing trees to meet the requirements of this section, as long as existing trees are protected in accordance with the standards of paragraph 8.3.2, Protection of Existing Vegetation. However, the amount of required trees pursuant to paragraph 9.6.2A.1 shall apply regardless of the credit received for the use of existing trees.

B. Trees preserved to meet other requirements of this Ordinance can be used to meet the requirements of this section as well, provided they meet the minimum size and location requirements of this section.

C. Trees located in a side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. behind the front building line The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building. or located behind any portion of a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. cannot be used for credit.

A. Required street trees shall be clearly noted on any site plan An accurately scaled development plan that shows existing conditions on a site as well as depicting details of proposed development., preliminary plat A map indicating the proposed layout of a development and related information that is submitted for preliminary review., minor, or final plat The final map of all or a portion of a subdivision which is presented for final approval..

B. Street trees shall be at least two and one-half inch caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers..

C. A contiguous growing area without encroachments When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. shall be provided for each tree as specified in the Landscape Manual. Alternative systems to satisfy growing area requirements, such as critical root path systems, can be utilized as specified within the Landscape Manual.

D. Planting location shall take into consideration any roadway widening identified on approved transportation plans but not provided by the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

E. Required street trees shall be planted before a Certificate of Compliance A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. is issued, unless the planting has been postponed to the appropriate season in accordance with the requirements of paragraph 9.11.2, Extensions for All Other Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land..

F. (County Only) In the SRP-C District, a suspended sidewalk system over street tree planting pits can be utilized to maximize useable sidewalk area.

A. Features and uses listed below shall be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. when visible from adjacent Property abutting directly on the boundary of, touching, or sharing a common point. properties, and from adjacent Property abutting directly on the boundary of, touching, or sharing a common point. streets, pedestrian malls A public or private, improved area intended for public pedestrian and non-motor use that is permanently preserved for such use through limited easements or rights of enforcement granted to the City, or other similar legal techniques., and public trails.

1. Air handlers, and other similar electrical or mechanical equipment in multifamily A residential use consisting of at least three dwelling units. As described in Sec. 7.1, Housing Types, includes: townhouse; detached rowhouse; multiplex; or apartment. or nonresidential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.;

2. Class B outdoor storage;

3. Loading areas A space used to transfer goods and material between vehicles and a building or lot.;

4. Freestanding automated teller machines (ATMs) and ice kiosks not placed adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to buildings;

5. Solid waste facilities Stationary solid waste collection containers, yard waste containers, recycling containers and roll-out containers for the above. in residential or non-residential development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land., including dumpsters and recycling, but excluding pet waste As used in Sec. 12.10, Sedimentation and Erosion Control, surplus materials resulting from onsite construction and disposed of at other locations. receptacles and roll-out carts for residential uses; and

6. Uses requiring screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. pursuant to Sec. 5.3, Limited Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Standards.

B. The features and uses listed above need not be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. from similar features and uses on adjacent Property abutting directly on the boundary of, touching, or sharing a common point. lots and within the I District, except where project boundary buffers would be required pursuant to Sec. 9.4, Project Boundary Buffers.

C. All rooftop equipment, except solar panels and wind turbines, shall be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. or set back so that it is not visible from ground level at any adjacent Property abutting directly on the boundary of, touching, or sharing a common point. right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.. For buildings over 75 feet tall, rooftop equipment shall be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. or set back so that it is not visible from any ground level vantage point.

A. Except for ATMs and ice kiosks, the following is required screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. material that can be used individually or in combination to provide year-round screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views.. Solid waste facilities Stationary solid waste collection containers, yard waste containers, recycling containers and roll-out containers for the above. shall only utilize options 1, 2, or 3. Options 1, 2, and 3 may require additional screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. per paragraph 9.7.2D, Screen The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. Walls or Fence Visible Off-Site.

1. Solid walls constructed of material per paragraph 9.9.3, Walls;

2. Wood fences with a minimum opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 85%;

3. Metal panels with a minimum opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of 85%;

4. Solid evergreen hedge per paragraph 9.7.2C, Evergreen Hedges;

5. Earth berm constructed pursuant to paragraph 9.4.8B, Berms; or

6. Wood fences or metal panels with an opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. of less than 85% augmented with upright evergreen shrubs planted four feet on center along the length of the screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views..

B. Height

1. For screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. of mechanical equipment and solid waste facilities Stationary solid waste collection containers, yard waste containers, recycling containers and roll-out containers for the above., the screen The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. height shall be the height of the equipment or facility plus six inches.

2. For all other screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. purposes except ATMs and ice kiosks, the screen The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. height shall be a minimum of eight feet.

C. Evergreen Hedges

1. For ground-level air-handlers and other mechanical equipment, plant material shall:

a. Consist of upright shrubs at least 2/3 the height of the facility at the time of installation;

b. Be planted two and one-half feet on center; and

c. Reach the required height within three years of planting.

2. For all other features to be screened The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views., plant material shall:

a. Consist of 40 evergreen understory trees per 100 linear feet;

b. Be at least six feet tall at the time of installation; and

c. Reach a minimum height of eight feet within three years of planting.

D. Screen Walls or Fence Visible Off-Site

One upright shrub of an evergreen species shall be installed per four linear feet of any screen The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. wall or fence that is visible off-site. This shall not apply to screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. around roof-top equipment, if option 6 is used per paragraph 9.7.2A, for sites within the CI District, or sites within the Core and Support-1 Design District sub-districts.

Plant material in project boundary buffers can be counted towards the requirements of this section when located to serve both functions.

Alternative treatments to minimize the visual impact of ground level or roof-top air handlers and other electrical or mechanical equipment, instead of screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views., can be approved through the issuance of a minor special use permit pursuant to Sec. 3.9, Special Use Permit, or a certificate of appropriateness pursuant to Sec. 3.17, Certificate of Appropriateness, as applicable.

ATM and ice kiosk facilities shall incorporate the following screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. material:

A. A landscaped area of at least 50 square feet shall be provided at the base of the facility, and shall be allocated to all sides not requiring pedestrian access.

B. The required landscaped area shall contain materials such as, but not limited to, vegetative ground covers Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion., shrubs, and ornamental trees covering at least 50% of the defined landscaped area at maturity. Species consistent with those allowed for vehicular use areas shall be used.

C. If facilities are placed within required vehicular use area landscaping or other required landscaped areas, those areas shall satisfy the screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. requirement.

A. Vehicle Use Areas

For the purposes of this section, areas used for vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. service, parking (including structured parking), parking lot drive aisles, and business transactions such as areas adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to gasoline pumps (even if under a canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather.) and areas for drive-up service, shall be considered vehicular use areas.

1. Driveways A private roadway located on a parcel or lot used for vehicle access. that are perpendicular or nearly perpendicular to the street and serve as an entrance to the site shall not be considered vehicular use areas for purposes of this section.

2. Vehicle storage yards A bulk and non-public holding facility for fleet vehicles or heavy equipment, vehicles held for sale or repair, or the storage of operable or inoperable vehicles awaiting adjustment or settlement of insurance claims or motor vehicles that have been impounded by the police. No dismantling of vehicles is permitted. shall not be considered vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. use areas for the purpose of this section.

B. Applicability

The following areas shall meet the requirements of this section.

1. Any new off-street parking area containing four or more spaces, or vehicular use area of 1,500 square feet or more (except for parking associated with single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. or two-family A residential use consisting of two individual dwelling units on a single lot of record. This definition does not include a single-family dwelling with an accessory dwelling unit. development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. on single lots).

2. Any expansion of an existing off-street vehicular use area consistent with the dimensions identified above.

3. Sites where a building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. is torn down and reconstructed, regardless of whether or not the new building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. is larger than the original building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. if the vehicular use area associated with the new building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable. meets the standards listed above.

4. Only the regulations in paragraph 9.8.4, Vehicular Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Area Landscaping in the SRP-C (County Only), CI District and Design Districts, shall apply to vehicular use areas in the SRP-C (County Only), CI, and Design Districts.

C. Standards

1. Location from Edge of Vehicular Use Area

a. No canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees used for vehicular use area landscaping credits shall be planted farther than 10 feet from the edge of the vehicular use area.

b. No understory trees or shrubs shall be planted farther than 15 feet from the edge of the vehicular use area.

c. When existing utilities or easements A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. prohibit the placement of trees or shrubs as required above, the placement of the plant material shall be set back the minimum amount necessary to be clear of the utility or easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. and to provide the minimum required growing area for the plant material.

d. All shrubs and trees shall be located at least three feet from either the back of curb of the vehicular use area or back of wheel stops.

2. Plant materials shall be located to facilitate safe sight distances within parking lots An area of land where vehicles are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles, vehicle parts, or the repair of vehicles.. Plants located at the end of parking lot An area of land where vehicles are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles, vehicle parts, or the repair of vehicles. islands, within the sight distance triangles, or in medians shall be a species with a maximum mature height of 30 inches.

3. Tree planting and site lighting shall be separated by a minimum of 10 feet to reduce conflicts between mature trees and light standards.

4. Unless specifically stated otherwise, all canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees used for vehicular use area landscaping shall be two-and-one-half-inch caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. at the time of installation.

5. A contiguous growing area not encroached When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. upon by impervious pavement shall be provided for each tree as specified within the Landscape Manual. Sidewalks shall be permitted to encroach When used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, the advance or infringement of uses, fill, excavation, buildings, permanent structures or development into a floodplain, which may impede or alter the flow capacity of a floodplain. for sites within the Urban, Compact Neighborhood, and Downtown Tiers when a critical root path system is implemented pursuant to the Landscape Manual.

6. Unless specifically stated otherwise, shrubs shall be installed at a minimum height of 15 inches, and shall be of a species expected to reach a minimum height of 30 inches and a minimum spread of 30 inches within five years of planting. Shrubs planted within sight distance triangles shall have a maximum mature height of 30 inches.

7. At least 60% of required shrubs shall be evergreen.

A. Vehicular Use Areas Visible From Streets

1. Applicability

Any vehicular use area subject to this section that has exposure to a public or private street (except an alley A strip of land, either publicly or privately owned, that is set aside primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.), and is located within 50 feet of a right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or access easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes. shall provide a landscaped area, adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to and outside of the street right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. or access easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes., equal to six square feet for each linear foot of street frontage The boundary of a property adjacent to one side of a street., less driveways A private roadway located on a parcel or lot used for vehicle access., which may cross required landscape areas if constructed at angles perpendicular or nearly perpendicular to property lines.

2. Standards

a. Any landscaped area used for credit shall be a minimum of three feet and a maximum of 30 feet in width in all Tiers except Compact Neighborhood, where the maximum width shall be 10 feet.

b. Canopy Trees

(1) Canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees (except under overhead power lines, where understory trees shall be used) shall be planted at the rate of one tree per 40 linear feet of vehicular use area along the street, less driveway A private roadway located on a parcel or lot used for vehicle access. widths.

(2) Areas with canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees shall be at least 10 feet deep from right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility. to back of curb or pavement edge.

(3) Project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees pursuant to Sec. 9.4, Project Boundary Buffers, (to the extent such trees are located to serve the function of this section) and street trees pursuant to Sec. 9.6, Street Trees, may be credited for purposes of this section.

c. Shrubs

(1) Shrubs shall be planted at the rate of one shrub per three linear feet of property line abutting public streets less driveways A private roadway located on a parcel or lot used for vehicle access..

(2) A wall consistent with the requirements of Sec. 9.9, Fences and Walls, and at least 30 inches tall may be substituted for the required shrubs.

B. Vehicular Use Areas Visible from Adjacent Property

1. Applicability

Any vehicular use area subject to this section on projects not required to provide a project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. pursuant to Sec. 9.4, Project Boundary Buffers, shall provide a landscaped area between the edges of the pavement and the perimeter property lines not required to provide landscaping pursuant to paragraph A, Vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Areas Visible from Streets, unless the property lines fall within a vehicular use area in common use.

2. Standards

a. The minimum landscaped area shall be large enough to accommodate the plant materials required in paragraph 9.8.2B.2.b below, but shall not be less than six square feet per linear foot of vehicular use area edge facing off site, unless wheel stops are provided, in which case the minimum area can be reduced to four square feet.

b. Required landscaping shall consist of the following materials:

(1) Evergreen or deciduous canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees, at the rate of one per 25 linear feet of vehicular use area, to be planted within an area with a minimum dimension of 10 feet in the vicinity of the tree.

(2) Understory trees, at the rate of one per 18 feet, with a contiguous growing area of 125 square feet and a minimum dimension of seven and one half feet.

(3) Evergreen shrubs, at the rate of one per four linear feet of required planting area.

c. When adjoining properties are already developed Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. with parking lots An area of land where vehicles are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles, vehicle parts, or the repair of vehicles. adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the proposed site and have landscaping installed to satisfy the requirements of this section only, 50% of the required plant materials shall be required.

A. Applicability

1. Development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. with vehicular use areas exceeding 3,000 square feet (including accessory drives and aisles but excluding areas under canopies and within structured parking) shall provide and maintain landscaped areas based upon the surfaced vehicular use area.

B. Standards

1. General

a. Areas used for landscaping shall be provided in the amount equivalent to at least 15% of the vehicular use area, and shall be used for planting trees and shrubs according to the standards below.

b. Minimum curb radii of three feet shall be required on the corners of all tree islands and medians to allow for free movement of motor vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. around planting materials. All islands or medians shall have raised edging or other devices (such as wheel stops) around them to protect plants from being damaged by motor vehicles All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere..

2. Trees

a. Tree planting areas shall be located such that no portion of a parking space A designated off-street area designed to accommodate the parking of one vehicle. is farther than 50 feet from a canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. tree trunk.

b. Trees shall be planted at a rate of one two-inch caliper The diameter of plant material, measured at six inches above grade for calipers of up to four inches, and 12 inches above grade for larger calipers. canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. tree per 2,000 square feet of vehicular use area.

c. Landscaped areas surrounded by impervious surfaces A surface composed of any material that impedes or prevents natural infiltration of water into the soil and qualifies as “built-upon area” as defined by NCGS 143-214.7, as amended. shall have a minimum width of 10 feet when they include canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. or understory trees, and shall contain at least 200 square feet of growing area per tree, unless a larger growing area per tree is specified in the Landscape Manual.

3. Shrubs

One shrub shall be required per 250 square feet of vehicular use area.

C. Maintenance

All canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees located within vehicular use areas shall be limbed up to a height of six feet to allow for clear views under them.

A. Applicability

1. This section applies to any vehicular use area located in the SRP-C District (County Only), CI District and Design Districts that is not located within a parking structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways., including parking lots An area of land where vehicles are kept on a daily, overnight, or temporary basis; not to include the storage of wrecked or abandoned vehicles, vehicle parts, or the repair of vehicles. where no building permit A permit issued by the Inspections Department in conformance with the State Building Code. is required.

2. In Design Districts, loading areas A space used to transfer goods and material between vehicles and a building or lot. shall be exempt from VUA requirements.

B. Standards

1. General

a. Vehicular Use Area Perimeter Landscaping

(1) A landscaped area equal to six square feet for each linear foot of street frontage The boundary of a property adjacent to one side of a street. shall be provided adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to and outside of the right-of-way A strip of land acquired by reservation, dedication, prescription or condemnation and intended to be occupied by a street, trail, rail corridor, or public utility.;

(2) The area shall be provided along the entire street frontage The boundary of a property adjacent to one side of a street., less driveways A private roadway located on a parcel or lot used for vehicle access.; and

(3) The area shall have a minimum depth of three feet and a maximum depth of 10 feet.

b. Landscaping within Vehicular Use Areas

(1) Vehicular use areas completely internal to the block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. and not adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to a street shall be exempt from providing internal landscaping, except as stated in paragraph 9.8.4B.1.b(3) below.

(2) The provision of paragraph 9.8.4B.1.b(1) above shall not apply to projects in the SRP-C District (County Only), CI District and the CD District where the vehicular use area is greater than 10,000 square feet or 40 parking spaces A designated off-street area designed to accommodate the parking of one vehicle., whichever is smaller, but shall instead meet the following standards:

(a) Such parking areas shall be required to meet the standards of paragraph 9.8.3, Landscaping within Vehicular Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Areas.

(b) Such parking areas shall provide a pedestrian path at least four feet wide, unobstructed and clear of vehicle All motorized vehicles as defined by the State of North Carolina Department of Motor Vehicles, including but not limited to automobiles, trucks, all-terrain vehicles (ATVs), and motorcycles. This definition shall not include “Heavy Equipment” as defined elsewhere. overhang, paved with unit pavers or a monolithic surface, and which shall connect the parking area to the sidewalk or building As defined in the North Carolina Building Code, as amended, or the North Carolina Residential Code for One and Two-Family Dwellings, as amended, as applicable..

(3) Surface parking areas with 65 feet of street frontage The boundary of a property adjacent to one side of a street. or greater shall be required to meet the standards of paragraph 9.8.3, Landscaping within Vehicular Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Areas.

2. Plant Materials

a. Canopy A roof-like cover extending over an outdoor area for the purpose of sheltering individuals or equipment from the weather. trees shall be planted at a rate of one tree per 30 linear feet of vehicular use area street frontage The boundary of a property adjacent to one side of a street.. Street trees may be used to meet this requirement.

b. Shrubs shall be required at a rate of one per four linear feet of required landscape area.

3. Amenities

Streetscape The appearance or view of an entire street or street network in general, including sidewalks, utilities, landscaping, street furniture, and the structures that make up the street wall. amenities in the Design districts may be located in the vehicular use area landscaping area, adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to the street.

A. The maximum height of a fence or wall shall be as shown in the table below, unless:

1. A higher fence or wall is allowed by other provisions of this Ordinance; or

2. The fence is associated with a recreational facility, such as a tennis court; or

3. The fence is associated with an electrical substation; or

4. As otherwise required by another local, state, or federal government rule or law.

B. Fences or walls located between the structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways. and the public or private street, and located up to 50 feet from the street, shall use the “street frontage The boundary of a property adjacent to one side of a street.” standards, except for the following which shall utilize the “no street frontage The boundary of a property adjacent to one side of a street.” standards:

1. Fences or walls located behind the rear building line The primary edge of a building closest to the street, side, and rear property lines, and extending from the physical edge of the building. of a primary structure A walled or roofed constructed object that is principally above ground; vertical projections meeting the definition of antenna-supporting or wireless support structures; or, when used in reference to Sec. 8.4, Floodplain and Flood Damage Protection Standards, a gas or liquid storage tank that is principally above ground. Included in this definition are extensions or additions which are covered by a roof supported by walls or columns, such as but not limited to porte cocheres, carports, covered or screened porches, and breezeways..

2. Fences or walls that are non-electric and are located along a side yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line. located beyond the minimum or maximum street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line., as applicable.

C. Posts, columns, or other similar vertical fence or wall supports, including lighting and ornamentation on top of supports, shall be exempt from height requirements. To maintain the exemption, material shall not span from one support to another above the maximum height allowed.

D. Exception to Requirement of a Minor Special Use Permit

When a certificate of appropriateness (COA) is required for a fence or wall, a minor special use permit is not required.

E. Sight distance triangles shall be maintained pursuant to paragraph 12.3.1D, Sight Triangles.

A. A finished side of all fences shall face off site. If support posts are located or visible on one side only, that side shall be deemed the unfinished side.

B. Razor wire, concertina wire, barbed wire, and similar fencing materials shall be prohibited as follows:

1. In all residential districts Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. and in sites adjacent Property abutting directly on the boundary of, touching, or sharing a common point. to residential uses, except in the Rural Tier; and

2. In the SRP-C District (County Only), all Design districts and the CI District.

3. Exception

Barbed wire is allowed where associated with a major or minor utility.

C. Uncoated chain link fencing shall not be permitted within the CI District.

D. Electric Fences

1. Exemption

Underground electric fences shall be exempt from the requirements of this section.

2. Uses and Locations

a. Electric fences shall be allowed in conjunction with following uses:

(1) Government facilities in paragraph 5.2.4D, Government Facilities;

(2) Utilities in paragraph 5.2.4J, Utilities; and

(3) Industrial uses in paragraph 5.2.6, Industrial Use The purpose for which a building, structure, or area of land may be arranged or occupied or the activity conducted or proposed in a building, structure, or on an area of land. Categories.

b. Electric fences are not permitted within Design districts.

c. A minor special use permit is required for electric fences located within “street frontage The boundary of a property adjacent to one side of a street.” as referenced in the table in paragraph 9.9.1A.

d. An electric fence shall be allowed in conjunction with a use or location not otherwise authorized by this section if it is required by the state or federal government.

3. General Standards

a. Electric fences shall only be battery-powered with a maximum 12-volt direct current.

b. The electric charge produced A person or entity that makes a food or beverage, raises or produces farm products, or creates value-added farm products from farm products raised or produced on land that the person or entity farms. by an electric fence upon contact shall not exceed energizer characteristics set forth in paragraph 22.108 and depicted in Figure 102 of International Electro Technical Commission (IEC) Standard No. 60335-2-76, latest edition.

c. Electric fence cabling and wires shall not be connected to an overhead power line post.

d. An electric fence shall not interfere with overhead utility lines or the maintenance of those lines.

e. An electric fence shall not interfere with the transmission of power, telephone, radio, television, or data.

f. The electric fence system shall contain a cut-off switch capable of disconnecting the electric fence in its totality from all energizers. Such switch shall be clearly marked and easily observable and accessible from a primary path of entry for emergency and enforcement personnel.

g. Warning signs Any words, lettering, parts of letters, figures, numerals, phrases, sentences, emblems, devices, structures, designs, trade names, or trade marks by which anything is made known such as are used to designate an individual, a firm, an association, a corporation, a profession, a business, or a commodity or products, which are legible from any public street or adjacent property and used to attract attention. This definition includes the structure or the face on which a sign message is displayed. For the purposes of this Ordinance, this definition shall not include "trade dress" i.e.: architectural features identified with a product or business, as a sign. shall be installed.

4. Perimeter Wall or Fence

a. General

(1) A perimeter fence or wall shall be required.

(2) An electric fence shall be completely interior to the perimeter non-electric fence or wall.

(3) When the adjacent Property abutting directly on the boundary of, touching, or sharing a common point. property is a residential district Any zoning district with the "R" designation, (RR, RS-20, etc.), including the PDR District. or use, the perimeter fence or wall visible from that property shall be either:

(a) A minimum 80% opaque; or

(b) Located behind an evergreen hedge that achieves a minimum height of six (6) feet and 80% opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. within three (3) years of planting; or

(c) Located behind an existing or proposed project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

(4) The lowest portion of a perimeter fence or wall shall be constructed so that no space exists between the ground and the fence or wall.

b. Spacing

(1) An electric fence shall be separated from the perimeter fence or wall, except at gate openings, by either four (4) to eight (8) inches or more than three (3) feet.

(2) Except at gates, no part of a perimeter fence or wall shall contact the electric fence.

(3) The area between the electric fence and perimeter fence or wall shall be unobstructed.

c. Height

An electric fence shall be at least two (2) feet taller than the perimeter fence or wall.

A. Walls shall be constructed of one or a combination of the following materials: stucco over concrete block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings., exposed aggregate concrete, brick, stone, or architectural block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. in a structurally safe and attractive condition. Alternative walls may be permitted with the approval of the Planning Director, or designee, if such alternative walls provide a similar level of opacity The surface area of a fence, wall or buffer that is impenetrable to light when viewed perpendicularly to the plane of the fence, wall or buffer. to that of the listed materials and are in keeping with the architecture of the development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land.. No walls of exposed, plain or painted-only concrete cinder block A usually rectangular space enclosed by right-of-way and occupied by or intended for buildings. shall be permitted.

B. No wall shall be located within any required drainage, utility or similar easement A grant by a property owner for use by the public, a corporation or persons of an area of land for specific purposes..

C. Pedestrian connections through walls that connect to adjacent Property abutting directly on the boundary of, touching, or sharing a common point. neighborhoods or other uses shall be allowed.

A. Retaining walls can be located within required yards A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

B. Retaining walls built to support a grade A land disturbing activity that modifies the contours of the land. eight feet or more higher than the grade A land disturbing activity that modifies the contours of the land. at the interior edge of the project boundary buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants. shall also be set back 10 feet from the buffer A portion of property designated to mitigate impacts between land uses or transportation routes, or to protect water features from pollutants..

A. Fences and walls shall incorporate materials, elements, or details of the architecture found on-site. If no structures are found on-site, fences shall be a decorative metal in a picket style with black finish.

B. Retaining walls over four feet high shall be terraced when located along the street frontage The boundary of a property adjacent to one side of a street. or within the street yard A space on the same lot with a building or group of buildings, which space lies between the building or group of buildings and the nearest lot line..

C. Fences and walls shall incorporate changes in plane, height, texture, material, finish, or significant landscape massing to minimize visual monotony.

Commentary:  Interest and variety can be provided through the use of offsets, pilasters, columns, and insets, as well as through the artful combination of architectural materials.

D. Uncoated chain link fences (with or without any type of inserts) shall not be permitted. Coated chain link fencing shall only be permitted for use at recreational facilities.

Unless otherwise stated, the owner Any person having charge of any real property according to the records held by the Register of Deeds. of any property where landscaping or buffering is required shall be responsible for the maintenance of all required plant material (including street trees located off-site), fences and walls. Maintenance responsibilities shall include the clearing and replacement of required material that is dead and/or dying.

A. General

Trees and shrubs shall be kept trimmed back from doors, windows, and walkways.

B. Standards

Necessary pruning and trimming shall be in accordance with the American National Standards for Tree Care Operations: Tree Shrub and Other Woody Plant Maintenance – Standards Practices (Pruning), and shall not be interpreted to include topping of trees through removal of crown material or the central leader, or any other similarly severe procedures such as lollipopping, meatballing, or hatracking that cause irreparable harm to the natural form of the tree, except where such procedures are necessary to maintain public overhead utilities. Any such activity shall be a violation The establishment, creation, expansion, alteration, occupation or maintenance of any use, land development activity, or structure, including but not limited to signs and buildings, that is inconsistent with any provision of this Ordinance or any order, approval, or authorization issued pursuant to this Ordinance. of this Ordinance and additional plant material may be required by the Planning Director or designee to replace or supplement the damaged plant material.

It is recognized that land development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. occurs continuously and that vegetation used in landscaping or screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. should be planted at certain times to ensure the best chance of survival.

A. In order to ensure compliance and to reduce the potential expense of replacing landscaping or screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. materials which were installed at an inappropriate time or under unfavorable conditions, a letter of request for extension of compliance with landscaping requirements can be filed with the Planning Director, or designee, which states the reasons why the request is being made. This letter shall acknowledge that the applicant is aware of all landscaping and screening The use of plant materials and other landscape or architectural elements used separately or in combination to obscure views. requirements, and will comply with those requirements within 90 days, or discontinue use of the property.

B. The Planning Director, or designee, shall grant the extension on requests for planting extensions for single-family A residential use consisting of one dwelling unit per lot of record. As described in Sec. 7.1, Housing Types, includes: single-family detached house; zero lot line house; traditional house; or attached house. Not to include manufactured housing. development Pursuant to NCGS 160D-102, any of the following: a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to another site, or demolition of any structure. b. The excavation, grading, filling, clearing, or alteration of land. c. The subdivision of land as defined in G.S. 160D-802. d. The initiation or substantial change in the use of land or the intensity of use of land. submitted between May 15 and September 15 of each year and may grant the extensions for other uses and at other times if there are unfavorable conditions for planting.

C. If the initial letter of request for extension of compliance with landscaping requirements has expired and conditions are still deemed unsuitable for planting, an applicant can request one additional extension of up to 90 days. During periods of extreme drought, as evidenced by the official declaration of Stage 3 or greater mandatory water conservation requirements, the Planning Director, or designee, may authorize additional 90-day extensions beyond the one extension typically allowed. These extensions may be continued throughout the period in which the extreme drought conditions remain.

D. The applicant shall also acknowledge that while a Conditional Certificate of Compliance A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. may be issued, no Final Certificate of Compliance A statement, signed by an administrative officer, setting forth that a building, structure, or use complies with this Ordinance and Building Codes and that the same may be used for the purposes stated on the permit. shall be issued while there is an active (pending) letter of request for extension of compliance with landscaping requirements unless a performance guarantee (such as a letter of credit or performance bond) sufficient to cover 125% of the installed landscaping costs has been posted with the Inspections or Planning Department.