(a)

Purpose. The intent of the requirements set forth in this section shall be to enhance the visual and aesthetic appearance of the town; provide space definition and landscape continuity between the built environment and the natural environment; provide appropriate barriers and relief from traffic, noise, heat, glare, and the spread of dust and debris; reduce the impact of development on the community's storm drainage system and reduce flooding; aid in the conservation of energy; replenish the atmosphere with oxygen; provide for a more pleasant and relaxing urban environment; and increase property values. Furthermore, the intent of this section shall be to create a screen between uses in order to minimize potential nuisances, such as noise, dust, odor and light glare; reduce the visual impact of adjacent development; provide for the separation of spaces; and establish a sense of privacy.

(b)

Temporary waiver. A certificate of compliance shall not be issued for any use located on a lot upon which screening and/or landscaping is required, unless such screening and landscaping are provided on such lot as specified in this section. The provision may be temporarily waived by the planning and inspections director or their designee in cases where it is not possible for the developer to install certain species of plant material prior to occupancy due to the recommended planting season not occurring at an appropriate phase in construction. In such case, the time deadline for planting such materials shall be extended only to the nearest seasonal period suitable for planting such materials.

(c)

Installation and maintenance. The plantings that constitute required buffering and landscaping shall be properly installed and maintained in order to fulfill the purpose of which this section is established. Plant species shall be recommended for healthy growth under local climate conditions, not of a type highly prone to disease, and be of a type expected to be grown in a manner which will satisfy the spirit and intent of this section. Plant materials shall be planted in accordance with generally recommended and accepted planting and growing practices. The owner of the property and any tenant on the property where buffering and landscaping are required shall be jointly and severally responsible for the maintenance of all required landscaped materials. Such maintenance shall include all actions necessary to keep the buffered and landscaped areas free of litter and debris; keep plantings healthy; keep growth from interfering with safe vehicular or pedestrian travel, or use of parking areas, or from creating any nuisances to adjoining properties; and keep walls, fences and berms in good repair and neat in appearance. Any vegetation that constitutes a required screen, buffer, or landscaped area shall be replaced if it dies. All buffering and landscaping material shall be protected from damage.

(d)

Relief requirements.

(1)

The planning and inspections director or their designee may waive certain portions of this section when they determine that unusual topography or elevation of a development site or the location or size of the parcel to be developed would make strict adherence to the requirements of this section impractical and serve no meaningful purpose or would make it physically impossible to install or maintain the required screening.

(2)

The planning and inspections director or their designee may alter the requirements of this section if they determine that screening devices already exist and/or the location and/or the size of the parcel involved creates a situation whereby the installation of the required plantings would serve no useful purpose, or where a variation to the amount and/or type of screening or landscaping required would serve equally effective as that which is required, provided that the spirit and intent of this chapter are maintained. Such an alteration may occur only at the request of the developer, who shall submit a plan to the planning and inspections director or their designee showing existing site features and proposed screening and landscaping features. This section shall not be construed to categorically negate the necessity for establishing screening for uses which are adjacent to vacant properties.

(e)

Easements and rights-of-way. Any planting which is proposed to be placed in a general drainage and utility easement or in a street right-of-way must be approved by the town engineer.

(f)

Distance from roads and sidewalks. All trees shall be placed in the most feasible manner so as not to interfere with roadways, sidewalks or streetlights and shall not be planted closer than eight feet to a fire hydrant.

(g)

Distance from utilities. Any trees required by this section which are placed within 20 feet lateral distance from the centerline of an above-ground electric utility line (the line connecting pole centers) should have a maximum expected maturity height as follows:

(1)

Zero to ten feet lateral distance of the centerline, 15-foot maximum expected maturity height; and

(2)

Greater than ten feet and up to 20 feet lateral distance of the centerline, 25-foot maximum expected maturity height. Outside such 20 feet lateral distance, trees should be placed in the most feasible manner to avoid future conflict with above-ground electric utilities and violations of the National Electrical Safety Code, and to avoid conflict with any below-ground utilities and drainage facilities. Variations to such distance requirements may be made with the approval of the town engineer.

(h)

Additional landscaping. Any tree or planting required as provided in this section shall stand alone and shall not be counted toward meeting the requirements for any other section.

(i)

Requirements for perimeter buffers.

(1)

Applicability.

a.

New uses shall provide an undisturbed buffer along each perimeter property or site area boundary not abutting a street right-of-way to separate that use from adjacent land uses or properties in accordance with Figure 12A. The buffer shall have the width, amount of vegetation, and other features to properly mitigate negative effects of continuous land uses.

b.

The required landscaping within all buffers shall be installed prior to final plat for residential subdivisions or final zoning approval for all other developments, unless covered under a performance guarantee agreement for major subdivisions as per section 50-10.

(2)

Width of required buffer.

a.

Figure 12A specifies the type of undisturbed buffer or landscaped buffer that must be in place. The buffer width in feet is indicated by number and is determined by the use or zoning of properties adjacent to the site proposed for a new use or development.

b.

The use classes in Figure 12A are designated in Figure 12B and based on uses and use categories in the table of permitted uses in section 66-162.

c.

If the adjacent property is not within the town, the planning and inspections director or their designee will determine the most closely parallel use or zoning to determine the buffer width required from Figure 12A.

(3)

Plantings and/or vegetation required in buffers.

a.

For every ten feet in buffer width, the following plantings shall be required per 100 feet in buffer length:

i.

Four canopy trees with a maximum spacing of 30 feet between trees, and

ii.

Four understory trees with a maximum spacing of 25 feet between trees, and

iii.

18 shrubs with a maximum spacing of eight feet between shrubs.

b.

Canopy trees may be substituted for understory trees where the requirement of a canopy tree would interfere with overhead utility lines.

c.

In lieu of new plantings required in subsection a. above, existing significant vegetation within the required buffer may be preserved and credited toward standards for the type of buffer required, unless the existing vegetation is seriously diseased or damaged and treatment would not be practical, or vegetation has or will give rise to a nuisance situation. Wherever practical, vegetation removal will be limited to just those portions of the vegetation area necessary to correct any problems, while the remainder of the vegetation area without problems shall be left intact.

d.

Species shall be from the landscape species list in the administrative manual, unless a substitute is approved by the planning and inspections director or their designee.

e.

In instances where planting requirement calculations produce a fraction, the plants shall be rounded up to the next whole number (e.g. five and one-tenth required shrubs shall equal six provided shrubs).

f.

The new plantings comprising the buffer shall be evenly distributed throughout the buffer. In instances where planting in a row or rows, trees shall be planted in staggered rows whenever practicable.

g.

All trees which this section requires to be planted shall be at least eight feet high above the ground and two inches in caliper at the time of planting and all shrubs which this section requires to be planted shall be measured at least five gallons in container size and three feet above ground level.

(4)

Development within required buffers.

a.

No development shall occur within buffers with the exception of the following, unless otherwise explicitly permitted in this ordinance. Where disturbance within the buffer is allowed, damage to existing vegetation shall be minimized to the extent practicable and supplemental planting shall be provided as necessary to meet the performance standard of the applicable buffer type.

i.

Sidewalks, multi-use paths, and public transit amenities;

ii.

Utilities, including but not limited to water and sewer lines, stormwater drainage channels or piping, and similar features, provided that no reasonable alternative location exists; and

1.

They are located perpendicular to the buffer or at an angle of at least 75 degrees; or

2.

They are located at an angle less than 75 degrees, and the area contained in the disturbed area is replaced with an equal amount of buffer area meeting the applicable buffer standard, in proximity to the disturbed area.

iii.

Street and access stubs to adjacent properties, provided they are perpendicular to the buffer or at an angle of at least 75 degrees.

iv.

Stormwater retention or detention areas or other BMPs provided that no reasonable alternative location exists, except that low impact development stormwater BMPs may be allowed in a buffer as long as all required plantings can be accommodated in a manner to provide visual screening for adjacent properties.

(5)

Ownership of buffers.

a.

No required buffer in a residential subdivision shall be included within any single-unit residential lot, or be wholly owned (in fee simple absolute) by the owner of an individual residential building lot zoned for residential uses. The buffers shall be owned by a homeowner's association or be owned outright by a third party or shall be otherwise divided so that the buffer is not removed, modified, or damaged.

b.

Any required buffer (including those required as a zoning condition) for a residential development shall not be credited toward meeting the lot size requirements. The preferred method is that the residential buffer be a separate lot and owned by a separate entity (e.g., a homeowners association).

c.

Where control and/or ownership of the buffer is through a property owner's association, any modifications, removal, or damage to the buffer by an adjacent homeowner shall be prohibited.

d.

Buffers may be included within residential lots only when all of the following conditions are met:

i.

The subdivision is less than ten acres in size and has no homeowners association; and

ii.

There is no reason for the formulation of a homeowner's association (e.g. covenant, other common areas or engineered stormwater control structures); and

iii.

The buffer is placed within a permanent conservation easement or other legal instrument dedicated to the Town (required documents must be provided prior to recording the plat for the impacted area).

Figure 12A—Required Buffer Width (in feet)

Figure 12B—Land Use Classes

(j)

Street yard requirements in the Innovation District.

(1)

In the Innovation District, street yard landscaping is required upon new construction of principal structures, expansions to existing structures, and changes of use whenever additional off-street parking is required.

(2)

Street yard landscaping shall be required along all street frontages. For sites with two or more street frontages, only the primary street frontage shall be required to contain the full amount of street yard as determined in subsection (m)(3)[(j)(3)]. Secondary street frontages are required to contain 50 percent of the required street yard area.

(3)

For every linear foot of street yard frontage along a right-of-way, 25 square feet of street yard area is required. The minimum street yard width shall be five feet and the maximum street yard width shall be 30 feet. Street yard widths shall be measured along a perpendicular line from the right-of-way line. Driveway widths (measured at the right-of-way line) shall not be counted in the linear footage of street yard frontage.

(4)

For every 600 square feet of street yard area, the following landscaping shall be provided:

a.

One canopy tree a minimum of six feet in height at time of planting, or, if overhead utilities are located above the street yard, three understory trees a minimum of six feet in height at time of planting.

b.

Six shrubs a minimum of 12 inches in height at time of planting.

(5)

Canopy and understory trees shall be species from the landscape species list in the administrative manual.

(6)

If there are existing trees of a minimum two inches caliper size in the proposed street yard, the Planning and Inspections Director or their designee may grant credit toward meeting tree planting requirements in subsection (j)(4).

(7)

Walkways, sidewalks, or other bicycle and pedestrian facilities, fountains, walls or fences, and transit amenities shall be permitted within the street yard; however, parking areas shall not be permitted. The area of any bicycle, pedestrian, or transit facilities that are existing or to be provided with the development of the subject parcel may be subtracted from the base street yard area required per subsection (j)(4) to get the total required street yard area.

(Code 2003, § 30-241; Ord. No. 02-21, § 1(19.91), 6-20-2002; Ord. No. 11-09, § 3, 11-17-2011; Ord. No. O20-029, § 1(Exh. A), 7-16-2020; Ord. No. O24-006, § 1(Exh. A), 3-21-2024)

(a)

Applicability; exceptions. All development, other than single-family detached and two-family dwellings, and/or accessory buildings thereto, on individual lots and/or tracts not proposed for subdivision, shall be in conformance with an approved development plan, except farming and/or agriculture whereby the principal use of the development meets the definition of the term "bona fide farm," as defined in section 66-4, and/or where a variance is granted from compliance with this requirement.

(b)

Compliance required. All development plans shall be required to satisfy the requirements and procedures set forth in this section.

(c)

Application and approval process in general.

(1)

Applicants requesting a zoning approval for development, other than that specifically excepted in subsection (a) of this section, shall submit a development plan, together with any and all required technical data specified and/or requested, for review by the technical review committee (TRC). Approval of a satisfactory development plan is prerequisite to the issuance of a zoning approval.

(2)

Applicants desiring input and/or recommendations from the planning director or their designee, director of public works or any other municipal official prior to submittal of a development plan are encouraged first to prepare a sketch plan of the proposed development before meeting to discuss specifics with municipal officials. Guidelines for sketch plans are set forth in the administrative manual on file at the town planning department.

(3)

The applicant is encouraged to incorporate the recommendations of the planning director or authorized staff reviewer into the development plan before submittal. The sketch plan is only a courtesy intended to inform the applicant of the approval criteria prior to submittal of the development plan; furthermore, sketch plan approval does not constitute approval of the development plan and may not be substituted for any required technical review committee review or approvals.

(4)

Upon submittal of a development plan and all required materials specified by the planning director or their designee, the planning director or their designee shall have 20 days to either return the development plan to the applicant with noncompliance findings noted, or notify the applicant of an approval/rejection/return for revision and/or additional information, depending on the source of the approval, i.e., planning director or their designee. Notification may be verbal, but must be documented in writing within 30 days following the notification date. Each time a development plan is rejected, revised or returned for additional information, the timetable for official action shall begin anew. Revised final site plans addressing all appropriate TRC comments shall be submitted within six months of written notification or the application shall be invalid and a new application will be required. Should a period of 30 days elapse between the submittal of a development plan and the issuance of written notification, the development plan shall be deemed approved.

(5)

Applicants wishing to resubmit rejected development plans, must reapply for a zoning approval, satisfying all of the requirements required in this section.

(6)

Applicants requesting development plan review/approval shall be required to pay a review fee in accordance with the fee schedule. Fees are not applicable to sketch plan review and/or record drawing (as-built) review.

(7)

Modifications to approved development plans shall include a summary of all changes made from the date of first approval and an update of the full plan with all changes made from the date of first approval.

(8)

A new application is required if the development site plan is not approved after the second resubmission of revised plans.

(9)

Modifications to approved development site plans.

a.

Major modifications to an approved development site plan shall be considered a new development site plan application and shall follow the submission and review procedures as set forth in subsection 66-255(c). Major modifications shall be subject to the new development site plan application fee on the adopted fee schedule.

b.

Major modifications include, without limitation, any of the following:

1.

Increase in overall project density or number of units;

2.

An increase in overall impervious coverage;

3.

A change in project boundary;

4.

A change in access or internal circulation design.

c.

Minor modifications to approved development site plans.

1.

Minor modifications include any changes not considered major modifications per subsection 66-255(c)(9)(b).

(d)

Effect of development plan approval, validity. Approval of the development plan shall authorize the applicant to proceed with the installation of site improvements, provided all other regulatory requirements are satisfied. Approval shall not authorize the sale or transfer of lots/tracts/units, nor the occupancy/use, nor the revision of the approved development plan. Development plan approval shall be void unless installation of improvements is in accordance with the approved development plan and/or approved revisions thereto. Development plan approval is valid for a period of 24 months from the date of approval; however, approved revisions shall not constitute additional time unless specified in writing by the planning director or their designee upon approval of such revisions. Substantial revision to a development plan requiring reapplication as described in subsection (c) of this section may constitute a new validation period. Projects requiring more than 24 months for substantial improvement to be achieved may request additional time in a subsequent letter or request for an additional 12 months. A request for additional time must be received by the planning director or their designee prior to expiration of the development plan. Projects requiring phased construction or approval for periods exceeding two years shall submit development plans for each phase or each extended period of construction, subject to the discretion of the planning director or their designee. Projects that exceed the allotted time to achieve substantial improvement based on the approved development plan shall be invalid and a new application and review be required.

(e)

Reserved.

(f)

Reserved.

(g)

Development plan requirements/recommendations and procedure. The development plan shall be submitted with the minimum required information set forth in the administrative manual.

(h)

Reserved.

(i)

Conformance with design requirements required. All development shall be in conformance with the design and/or construction requirements set forth in subsections (j) and (k) of this section.

(j)

Public improvements. Any and all components for development intended and/or proposed for public facilities dedication and/or public utilities shall be in conformance with the following regulations:

(1)

Street and alley construction shall be in accordance with the policies and procedures, and design requirements and construction standards established by the town council and/or the state department of transportation.

(2)

Water and sewer line construction shall be in accordance with the policies and procedures, and design requirements and construction standards established by the NCDEQ and/or the permitting utility.

(3)

Paved sidewalks, per the town's specifications, shall be provided by the developer, at the developer's expense.

(4)

Electrical supply, gas supply and telecommunications facilities construction shall be in accordance with the policies, procedures, design requirements and construction standards established by the utility commission and/or company providing service to the vicinity.

(5)

Public park and/or open space construction and/or provision shall be in accordance with the policies, procedures, design requirements and construction standards established by the entity receiving dedication of such facilities.

(6)

Public parking facilities construction shall be in accordance with the parking requirements established in article VIII of this chapter and applicable building codes.

(k)

Private improvements. Any and all components for development not intended and/or proposed for public facilities dedication and/or public utilities shall be in conformance with the following regulations:

(1)

Driveway and parking facilities construction shall be in accordance with the requirements established in article VIII of this chapter and applicable building codes.

(2)

Water and sewer line (collection/distribution and service) construction shall be in accordance with the policies, procedures, design requirements and construction standards established by NCDEQ and/or the permitting utility.

(3)

Buildings and their respective appurtenances shall be constructed in accordance with the policies, procedures, design requirements and construction standards established in this Code and the applicable building codes.

(4)

Signs and their respective appurtenances shall be constructed in accordance with the policies, procedures, design requirements and construction standards established in chapter 66 of this Code and the applicable building codes.

(Code 2003, § 30-242; Ord. No. 02-21, § 1(19.92), 6-20-2002; Ord. No. O19-040, § 1(Exh. A), 10-17-2019; Ord. No. O20-017, § 1(Exh. B), 3-19-2020; Ord. No. O21-032, § 1(Exh. A), 8-26-2021; Ord. No. O24-013, § 1(Exh. A), 6-20-2024)