In instances where the planning board determines that buffer planting is necessary to protect the general welfare of the public, planted buffer areas shall be installed to provide year round screening from offensive views and noise. Widths shall be a minimum of ten (10) feet or as deemed necessary by the planning board to be effective. The design of planted buffers shall consider the use of the portion of property being screened, the distance between the use and the adjoining property line and differences in elevation. It may also incorporate existing woods, a wall or fence, earth berms or other manmade and natural features as deemed acceptable by the planning board. Plant materials utilized should consist of an appropriate mix of deciduous and evergreen trees, shrubs and ground covers and shall be of sufficient size to render instant effect.

Notwithstanding the above, a minimum of one-half, but in no case less than ten (10) feet of the horizontal width of any buffer required along a periphery shall have an area which shall be designed, planted, graded and otherwise developed to obscure the activities of the site from view.

(Prior code § 13-9.1)

Where multifamily or townhouse structures adjoin a single-family area, a minimum twenty-five (25) foot wide buffer shall be provided within the multifamily or townhouse area.

(Prior code § 13-9.2)

A.

Where a commercial district is contiguous to a residential district, the commercial user shall provide a minimum twenty-five (25) foot wide buffer within the commercial district.

B.

Where an industrial district is contiguous to the interstate business II district, the industrial user shall provide a minimum fifty (50) foot wide planted buffer within the industrial district.

C.

Where an interstate business I, B-1, district is contiguous to an interstate business II district, the B-1 user shall provide a minimum fifty (50) foot wide planted buffer within the B-1 district.

If a road should separate two districts, planted buffers shall be provided within the district of higher intensity.

D.

Planted buffers shall be properly installed and maintained in good condition under the supervision of the appropriate authority. If the zoning officer, upon inspection, determines that the landscape or screening material is not being maintained in satisfactory condition, he or she shall notify the owner in writing of his or her findings and order that any negligent or improper maintenance on the part of the owner be corrected within thirty (30) days of the date of such notice. In the event that any plantings required by this chapter fail to live, they shall be replaced within one growing season. Any failure on the part of the owner to comply with such notice shall be deemed a violation of this title and is subject to the penalties provided for same. The zoning officer may, in addition, recommend revocation of the certificate of occupancy.

(Prior code § 13-9.3)

Where any residential development abuts an active farm use, a minimum buffer of fifty (50) feet, or a combination of a six foot high opaque fence and a twenty-five (25) foot wide landscaped area shall be provided.

(Prior code § 13-9.4)

A.

Minimum Buffer. Where any natural gas line easement or value station abuts a residential use or traverses through a residential zone, a minimum buffer of fifty (50) feet shall be provided between the edge of the utility right-of-way and any residential structure.

B.

Definition and Exception. "Transmission lines" are lines that are intended for the movement of large quantities of gas or oil. This subsection does not apply to local distribution lines where connections are made directly to each house.

C.

Landscaped Berm and Buffer Area. Within the fifty (50) foot buffer, the owner/developer of lands adjacent to a transmission line shall provide a landscaped berm and buffer area. A berm with a minimum side slope of three to one shall be developed at a minimum height of three feet and a maximum height of five feet. The berm shall parallel the right-of-way line and be broken to accommodate positive drainage. A mixture of deciduous and evergreen plantings shall be placed within the first twenty (20) feet of the fifty (50) foot setback The landscape plants shall be integrated into the berm. Deciduous plant material at the time of planting shall be ten (10) to twelve (12) feet in height. Evergreen trees shall be a minimum of five feet in height and evergreen shrubs shall be a minimum of thirty (30) inches in height.

Where the fifty (50) foot setback is wooded, no berm for buffer is required provided the fifty (50) feet is proposed to remain in woods.

D.

Exemptions. Any residence existing on October 12, 1993 is exempt from the requirements herein. Any residential lots subdivided prior to October 12, 1993 are exempt from the requirements herein.

(Prior code § 13-9.5)