(a)

The town commissioners find that:

(1)

Screening between two lots lessens the transmission from one lot to another of noise, dust, and glare.

(2)

Screening can lessen the visual pollution that may otherwise occur within an urbanized area. Even minimal screening can provide an impression of separation of spaces, and more extensive screening can shield entirely one use from the visual assault of an adjacent use.

(3)

Screening can establish a greater sense of privacy from visual or physical intrusion, the degree of privacy varying with the intensity of the screening.

(4)

The provisions of this part are necessary to safeguard the public health, safety and welfare.

(b)

These regulations are set forth so as to:

(1)

Maintain or enhance the public health, safety, and welfare;

(2)

Maintain or enhance the value of adjacent property or be a public necessity;

(3)

Comply with the general intent of the respective zoning district for the physical development of the area; and

(4)

Contribute to the traditional village-like atmosphere of the historic town.

(Ord. of 9-14-2005, § 15.1)

Every development shall provide sufficient screening so that:

(1)

Neighboring properties are shielded from any adverse external effects of that development;

(2)

The development is shielded from the negative impacts of adjacent uses such as streets or parking lots.

(3)

Landscaping plan shall be provided with all site plans.

(Ord. of 9-14-2005, § 15.2)

This article explains where each type of three buffers is required. The following section (Section 15-4) describes the construction of each type.

(1)

Parking/traffic buffer.

a.

Required in zones B-1, B-2, B-3 and B-4 where vehicle circulation areas and parking are permitted or required for more than five parking spaces which are visible from a right-of-way.

b.

Required internally in between double-loaded paring bays in parking lots having more than 30 spaces.

(2)

Opaque screen buffer. Required where a commercial or institutional use or zone abuts a residential use or zone. The Planning and Zoning Board may determine which variation of opaque screen buffer is appropriate as part of a special use. There are three variations listed in subsection 15-4(2).

(3)

Setback buffer. Required along side yard setbacks to provide spatial separation and green space between all commercial uses in zones B-2, B-3 and B-4 unless:

a.

Another type of buffer is required; or

b.

A natural area on the site serves the purpose.

(Ord. of 9-14-2005, § 15.3; Ord. No. ZTA-21-02, Art. III(Pt. 43), 6-16-2021)

When a buffer is required under the provisions of this ordinance, its design and materials shall be approved by the Planning and Zoning Board. Compliance with the intent of this ordinance shall be judged upon the basis of the size of plant materials to be used, average growth rates, average mature sizes and foliage densities, or field observation of existing vegetation. With the exception of plantings within vision triangles, nothing in this ordinance shall prevent the additional planting of species not listed.

The following three types of buffers are hereby established:

(1)

Parking/traffic buffer. A parking/traffic buffer is intended to separate a site's parking and internal vehicle circulation areas from surrounding streets and sidewalks. This is to provide both a visual separation for the passerby and a spatial separation for the safety of pedestrians. While generally required near the perimeter of a site, traffic buffers may be required internally where visual or safety needs arise. A parking/traffic buffer is comprised of two elements, a continuous evergreen hedge and interspersed trees planted in a minimum five-foot wide buffer-yard. Specifically, the hedge shall be at least three feet wide and four feet high after two years (minimally 24 inches high at time of planting, dwarf varieties are not permitted). Trees of at least two-inch caliper shall be planted as listed below unless the traffic buffer is along Highway 64, in which case two-inch caliper Live Oaks (Quercus virginiana) shall be planted at 30-foot maximum intervals.

In the B-1 zone, because of the pedestrian scale, a wooden picket fence with landscaping may be substituted for the hedge portion of this buffer. The trees in the following list were selected for their hardiness, longevity, ease of maintenance, and long-term cost effectiveness.

a.

30-foot spacing or less:

1.

Live Oak (Quercus virginiana)

2.

Willow Oak (Quercus phellos)

3

Magnolia (Magnolia grandflora)

4.

Pecan (Carya illinioensis)

b.

25-foot spacing or less:

1.

Red Maple (Acer rubrum)

2.

Sugar Maple (Acer saccharum)

3.

Sweetgum (seedless) (Liquidamber styraciflua)

4.

Honey Locust (thornless) (Gleditisis triacanthos)

(2)

Opaque screen buffer. An opaque screen buffer is intended to exclude completely all visual contact between uses and to create a strong impression of spatial separation. There are three variations of opaque screen buffers.

a.

Formal opaque screen. The screen shall consist of evergreen vegetation which will be at least three feet wide and six feet high and 90 percent opaque after two years with two-inch caliper selected trees planted at least every 25 feet. The buffer yard shall be at least five feet deep. Selected trees are:

1.

Oaks,

2.

Maples,

3.

Honey Locusts, and

4.

Pecans.

b.

Landscaped fence opaque screen. This type of buffer is used where a site or a portion of a site requires 100 percent opaque separation. The screen shall consist of a six-foot wooden fence or masonry wall with landscaping covering 50 percent of the exterior side of the fence and with two-inch caliper selected trees planted at least every 25 feet. The buffer yard shall be at least five feet deep. Selected trees are:

1.

Oaks,

2.

Maples,

3.

Honey Locusts,

4.

Magnolias and

5.

Pecans.

c.

Natural opaque screen. This densely vegetated, 95 percent opaque buffer is used where low maintenance is a priority. It requires at least a 15-foot buffer yard and, in on some sites such as schools in a residential neighborhood, may be required to be at least 50 feet deep. Existing vegetation shall be incorporated into the buffer. To achieve this type of buffer on an empty site the following are required for each 800 square feet of buffer yard:

1.

Five Red Cedars,

2.

Fifteen Wax Myrtles and

3.

Two Pines or Maples.

Additionally the following may be used to achieve the required 95 percent opacity after two years:

1.

Yaupon,

2.

Ligustrum,

3.

Holly,

4.

Magnolia,

5.

Deodora Cedar,

6.

Ginko,

7.

Pecan and

8.

Bald Cypress.

Plants should be installed irregularly to appear as natural as possible. When installed in conjunction with chain-link fencing, the fence shall be installed on the inward side of the buffer.

(3)

Setback buffer. This buffer is comprised of a minimum five-foot landscaped buffer yard located along side lot lines. Landscape materials may consist of shrubs and trees and shall be approved by the Planning and Zoning Board. Other elements may include flowers, reeds, and picket fences.

(Ord. of 9-14-2005, § 15.4)

Prior to construction of fences or walls greater than six feet in height a permit must be obtained according to section 3-14 Building Permits Required. All property corners shall be marked and the fence or wall line shall be identified with a string-line prior to commencing construction. The setback requirements of these regulations shall not prohibit any necessary retaining wall or prohibit any wall or fence within or abutting any residential district; no wall or fence shall exceed eight feet in height within a front, side or back yard. To promote visibility at driveways no opaque fence located within 15 feet of the edge of the street shall exceed four feet in height.

(a)

All existing commercial fences and walls, and future commercial fences and walls shall be maintained in good repair and in a safe condition. All commercial fences and walls shall receive regular structural maintenance. Any deteriorated, sagging, damaged or decayed fence materials shall be promptly repaired and any fence or wall post or section that leans more than 20 degrees from vertical shall be promptly repaired to correct that condition.

(b)

Commercial fences shall have the same appearance on all sides.

(Ord. of 9-14-2005, § 15.5; Ord. No. 2010-2Z, 2-3-2010; Ord. No. 2010-8Z, 5-5-2010)

(a)

The town commissioners find that:

(1)

Trees are proven producers of oxygen, a necessary element for human survival;

(2)

Trees appreciably reduce the ever-increasing, environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air we breathe;

(3)

Trees transpire considerable amounts of water each day and thereby purify the air much like the air-washer devices used on commercial air conditioning systems;

(4)

Trees have an important role in neutralizing waste water passing through the ground from the surface to ground water tables and lower aquifers;

(5)

Trees, through their root systems, stabilize the ground water tables and play an important and effective part in soil conservation, erosion control and flood control;

(6)

Trees are an invaluable physical, aesthetic and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare and breaking the monotony of human developments on the land, particularly parking areas; and

(7)

For the reasons indicated in subsection (6) above, trees have an important impact on the desirability of land and therefore on property values.

(b)

Based upon the findings set forth in subsection (a) above, the town commissioners declare that it is not only desirable but essential to the health, safety, and welfare of all persons living or working within the town's planning jurisdiction to protect certain existing trees and, under the circumstances set forth in this article, to require the planting of new trees in certain types of developments.

(Ord. of 9-14-2005, § 15.11)

Along both sides of all newly created streets that are constructed in accordance with the public street standards set forth in Article XIII, the developer shall be encouraged to retain sufficient trees so that, between the paved portion of the street and a line running parallel to and 50 feet from the centerline of the street, there shall be for every 30 feet of street frontage at least an average of one deciduous tree that has or will have when fully mature a trunk at least 12 inches in diameter. When street trees are planted by the developer, the developer may choose from the following trees:

(1)

Live Oak (Quercus virginiana)

(2)

Willow Oak (Quercus phellos)

(3)

Sweetgum (seedless) (Liquidamber strryciflua)

(4)

Honey Locust (thornless and fruitless) (Glenditisis tricanthos)

(5)

Red Maple (Acer rubrum)

(6)

Sugar Maple (Acer saccharum)

(Ord. of 9-14-2005, § 15.12)

(a)

Parking lots of ten or more parking spaces must be shaded by deciduous trees (either retained or planted by the developer) that have or will have when fully mature a trunk at least 12 inches in diameter. When trees are planted by the developer to satisfy the requirements of this subsection, the developer shall choose trees from the following list:

(1)

Live Oak (Quercus virginiana);

(2)

Willow Oak (Quercus phellos);

(3)

Sweetgum (seedless) (Liquidamber strryciflua);

(4)

Honey Locust (thornless and fruitless) (Glenditisis tricanthos);

(5)

Red Maple (Acer rubrum);

(6)

Sugar Maple (Acer saccharum).

These trees were selected for their shade canopy, hardiness, longevity, ease of maintenance, and long-term cost effectiveness. All trees shall be at least two-inch caliper.

(b)

There shall be at least one tree planted for every ten parking spaces.

(1)

In order to provide shade on the parking lot, trees shall be interspersed between parking spaces.

(2)

For existing trees located within a proposed parking lot no pavement may be placed within nine feet of the center of the trunk. As an incentive to retain existing trees there shall be a reduction of one parking space that is required, not to exceed 15 percent of the required parking.

(3)

Newly planted trees shall be surrounded by at least 150 square feet.

(c)

Parking lots shall be laid out and detailed to prevent vehicles from striking trees. Vehicles will be presumed to have a body overhang of three feet six inches.

(d)

A minimum of ten percent of the interior of a parking lot shall be devoted to landscaping. Landscaping provided through subsection (b) shall be credited towards meeting this interior requirement.

(Ord. of 9-14-2005, § 15.13)

(a)

All solid waste collection dumpsters shall be screened if and to the extent that, in the absence of screening, they would be clearly visible to:

(1)

Persons located within any dwelling unit on residential property other than that where the dumpster is located.

(2)

Occupants, customers, or other invitees located within any building on non-residential property other than that where the dumpster is located.

(3)

Persons traveling on any public street, sidewalk, or other public way.

(b)

When dumpster screening is required under this section, such screening shall be constructed, installed, and located to prevent or remedy the conditions requiring the screening.

(Ord. of 9-14-2005, § 15.14)

Some trees, because of their size and longevity, contribute not just aesthetically and environmentally as most trees do, but also represent a unique tie to the island's past. There are even a few trees remaining on the island which have witnessed the entire breadth of the island's history since the time of Raleigh's colonies.

(1)

The location of existing historic trees shall be shown on site plans at the time of review. All attempts shall be made to preserve these trees. Where historic trees exist, flexible approaches such as adjustments to lot layout, placement of buildings and paved surfaces and location of utilities should be pursued in order to save them. In cases in which preservation of these trees prevents reasonable use of a property, trees may be removed and mitigated by the planting of three trees of the same species for each tree removed. Replacement trees shall have a minimum caliper of three inches.

(2)

Every development should make every effort to retain all existing trees 12 to 24 inches in diameter.

(3)

Trees 18 inches in diameter or larger shall be retained unless this unreasonably burdens a development and if to accomplish such retention or protection, the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would work an unreasonable hardship upon the developer.

(4)

No excavation or other surface/subsurface disturbance should be undertaken within the drip line of any historic tree, and no impervious surface (including, but not limited to, paving or buildings) may be located drip line of any historic tree. For purposes of this subsection, a drip line is defined as a perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.

(5)

No paving or other impermeable ground cover shall be placed within the drip line of an historic tree. During periods of construction, an encircling fence placed at the drip line shall protect the tree from impact and the ground from compaction.

(Ord. of 9-14-2005, § 15.21)

(a)

The owner of the property upon which the landscaping materials required by this article have been installed shall be responsible for the continued proper maintenance of all such landscaping materials. Landscaped areas shall be kept in a proper, neat and orderly appearance and free from refuse and debris. All unhealthy or dead plant material shall be replaced by the property owner. Failure to maintain the required landscape materials shall constitute a zoning violation and shall be remedied in accordance with the provisions of Article XXII.

(b)

A means of watering plant materials is recommended for all landscaped areas required in this article.

The use of onsite shallow well pumps for the purpose of irrigation is encouraged.

(Ord. of 9-14-2005, § 15.22)

All areas cleared of existing vegetation shall be revegetated with grass and trees as soon as possible after being disturbed. Cleared areas, for purposes of this ordinance, shall not include the building footprint and a 15-foot area surrounding the building footprint.

(Ord. of 9-14-2005, § 15.22)

All plantings, as shown on an approved landscaping plan, must be planted as shown or an accepted performance guarantee shall be placed with the town prior to the issuance of a certificate of occupancy for any part of the development covered by the landscape plan.

(Ord. of 9-14-2005, § 15.23)