Mount Pleasant City Zoning Code

SUBCHAPTER D

BUFFERS AND SCREENING

§ 156.580 APPLICABILITY.

(A) This subchapter generally applies to all lots and regulates both bufferyards and buffers.

(B) Overlay districts may establish different standards for perimeter and right-of-way bufferyards (see Subchapter B).

(C) Subchapter C specifies perimeter and right-of-way bufferyard requirements for certain land uses, such as car washes, that apply in addition to the standards in this subchapter.

(Ord. passed 1-14-25)

§ 156.581 EXISTING VEGETATION PREFERRED.

Existing vegetation is preferred over new plantings and may count toward bufferyard requirements if it achieves the same purpose as the required plantings and otherwise meets the requirements of this subchapter.

(Ord. passed 1-14-25)

§ 156.582 VEGETATION REMOVAL PROHIBITED.

(A) Removal of trees and natural vegetation, except invasive species, occupying a special right-of-way bufferyard, a scenic highway bufferyard, a critical area buffer, or an historical and cultural resources buffer is prohibited.

(B) Removal of trees and natural vegetation occupying a perimeter or right-of-way bufferyard (except a special right-of-way bufferyard or a scenic highway bufferyard) may be allowed pursuant to § 156.609. Removal of invasive species is required as specified in § 156.583.

(Ord. passed 1-14-25)

§ 156.583 INVASIVE SPECIES.

(A) Invasive exotic species listed on the South Carolina Exotic Pest Council Invasive Plant List shall not be planted or used to fulfill any planting requirements.

(B) Where invasive species exist on sites to be developed in part or in full, they shall be removed by appropriate means so as not to damage desirable species.

(1) Landscape, buffer, and/or site plans, as applicable, for proposed development shall indicate the presence, if any, of invasive species.

(2) Herbicide treatments or other activities necessary to eradicate invasive species shall begin during the first phase of development (e.g., the clearing phase) to ensure adequate time for subsequent treatments and the effective eradication of these species prior to completion and final inspection of the development project (see A Management Guide for Invasive Plants in Southern Forests, United States Department of Agriculture, Forest Service, Southern Research Station).

(3) Replacement is not required for removal of invasive species.

(Ord. passed 1-14-25)

§ 156.584 MINIMUM PLANT STANDARDS.

(A) Minimum size. All planting materials required by this subchapter shall conform to the minimum size or height standards in Table 156.584-1: Minimum Plant Size at the time of planting.

(B) ANSI standards. All vegetation planted to fulfill the requirements of this subchapter shall meet or exceed the latest version of American Standard for Nursery Stock (ANSI Z-60.1).

Table 156.584-1: Minimum Plant Size
Key: min. = minimum required \| in. = inches \| ft. = feet
Plant Material Type	Size (min.)
Plant Material Type	Planting in Bufferyards Abutting Vacant Lands	All Other Planting
Canopy trees, single-stem	2 in. (caliper)	2½ in. (caliper)
Canopy trees, multi-stem	8 ft. (height)	10 ft. (height)
Understory trees	6 ft. (height)	2 in. (caliper)
Shrubs, deciduous/ evergreen	15 in. (height)	24 in. (height)
Shrubs, evergreen/coni fer	5 ft. (height)	1½ in. (caliper)

(Ord. passed 1-14-25)

§ 156.585 PLANT SPECIES.

(A) Generally. Table 156.585-2: Plant Species List specifies the types of plants that may be used to satisfy the requirements of this subchapter. Plants not listed may be approved by staff. Examples of unlisted plants that may be approved include new varieties of species already listed and species that may now survive in this geographic area due to warmer temperatures.

(B) Native species required. To encourage a diversity in plantings, at least 50% of the total quantity of canopy and understory trees and at least 25% of shrubs used to fulfill the requirements of this subchapter shall be native species. Table 156.585-2: Plant Species List indicates native species in bold text.

(1) To avoid a monoculture and encourage diversity among plantings, a variety of species are required based on the number of plantings as specified in Table 156.585-1: Species Variety.

(2) This applies for each type of planting (canopy trees, understory trees, and shrubs). For example, if six canopy trees, 12 understory trees, and 25 shrubs are planted, the plantings must include at least two different species of canopy trees, four different species of understory trees, and seven different species of shrubs.

Table 156.585-1: Species Variety
Key: min. = minimum required
Number of Plantings	Number of Species Required (min.)
5 to 10	2
11 to 20	4
21 to 100	7
More than 100	10

(D) Sabal palmettos. Sabal palmettos shall not be used to satisfy canopy or understory tree planting requirements, except:

(1) In a critical area buffer; and

(2) Where existing conditions, such as the size of existing planter islands or the presence of overhead power lines, constrain the type of tree that can be used.

(E) Class IV trees. Class IV trees, as identified in Table 156.702-1: Tree Mitigation Calculation, shall not count towards planting requirements except in critical area buffers, special right-of-way buffers, and scenic highway buffers.

Table 156.585-2: Plant Species List
Canopy Trees	Understory Trees	Shrubs
American beech	American hop hornbeam	Abelia
American elm (Dutch elm disease-resistant)	American hornbeam	American beautyberry
American holly	Autumnalis cherry	Anise
American sycamore	Black cherry	Assorted andromeda
Amur maple	Burford holly	Assorted azaleas, native
Armstrong maple	Carolina No. 2 holly*	Assorted azaleas, Asian
Bald cypress	Carolina silverbell	Aucuba
Black gum	Chastetree	Banana Shrub
Black walnut	Cherry laurel	Barberry
Chinese elm	Chinese holly	Blue hetzi juniper
Chinese evergreen oak	Chinese redbud	Blue pfitzer juniper
Chinese flame tree	Crabapple	Blue point juniper
Chinese pistache	Crape myrtle (as accent only)	Boxwood
Darlington oak	Dahoon Holly	Burning Bush
Dawn redwood	Devilwood	Camellia
Deodar cedar	East Palatka holly*	Carissa holly
Eastern red cedar	Eastern redbud	Chastetree
Florida flame red maple	Emily Bruner holly	Chinese witch hazel
Florida/south ern sugar maple	Florida anise	Clethera
Ginkgo	Flowering dogwood	Coast leucothoe
Golden raintree	Foster No. 2 holly*	Common fig
Green ash	Franklinia	Compact cherry laurel
Hackberry	Fringe tree	Compact Japanese holly
Japanese evergreen oak	Groundsel bush	Compact mock orange
Japanese maple	Hollywood juniper Compact pfitzer juniper
Katsuratree	Hume No. 2 holly	Convex holly
Laurel oak	Japanese flowering cherry	Cotoneaster
Live oak	Kousa dogwood	Dazzler holly
Loblolly pine1	Kwanzan cherry	Devilwood
London plane	Little Gem Magnolia	Dwarf burford holly
Long leaf pine1	Loblolly bay	Dwarf Chinese holly
Mockernut hickory	Loquat	Dwarf crape myrtle
Nuttall oak	Lusterleaf holly	Dwarf palmetto
October glory red maple	Myrtle oak	Dwarf yaupon holly
Overcup oak	Nellie R. Stevens holly	Euonymous, native
Pecan	Okame cherry	Euonymous, non-native
Pignut hickory	Persimmon	European fan palm
Pin oak	Photinia frasers	Fatsia
Pond cypress	Pindo palm	Florida leucothoe
Post oak	Podocarpus	Forsythia
Sawtooth oak	Possumhaw Holly	Fortune's osmanthus
Scarlet oak	Purple-leaf plum	Gardenia
Shag bark hickory	Red bay	Heller's Japanese holly
Shumard oak	Red buckeye	Hetzi Japanese holly
Southern magnolia	Sand live oak	Hibiscus, native
Southern red oak	Sassafras	Hibiscus, non-native
Summer red red maple	Saucer magnolia "Jane"	Hollywood Juniper
Swamp chestnut oak	Savannah holly*	Hydrangea, native
Swamp tupelo	Sourwood	Hydrangea, non-native
Swamp white oak	Southern crabapple	Inkberry holly
Sweet gum1	Star magnolia	Japanese anise
Sycamore	Sweetbay magnolia	Japanese cleyera
Trident maple	Turkey oak	Leatherleaf mahonia
Tulip poplar	Wax myrtle	Majestic beauty hawthorne
Water hickory	Weeping cherry	Needlepoint holly
Water oak	Weeping yaupon holly	Oleander
Water tupelo	Yaupon holly	Oregon Holly Grape
White ash	Yoshino cherry	Otto Luyken laurel
White oak		Pineapple guava
Willow oak		Pink flowering quince
		Pittosporum
		Podocarpus
		Pyracantha
		Roundleaf holly
		Sago palm
		Saw palm
		Sizzler holly
		Skip laurel
		Spirea
		Stokes holly
		Sweetshrub
		Sweet tea olive
		Walter’s viburnum
Canopy Trees	Understory Trees	Shrubs
		Viburnum, non-native
		Virginia sweetspire
		Wax myrtle
		White deutzia
		Windmill palm
		Witch hazel
		Yaupon holly
1 These canopy trees shall not count towards planting requirements except in critical area buffers, special right-of-way buffers, and scenic highway buffers.
The species shown in bold text are considered native species.

(Ord. passed 1-14-25)

§ 156.586 REQUIRED VEGETATION IS PROTECTED.

(A) All vegetation required by this subchapter is protected and requires prior approval for the alteration of bufferyard or buffer width or removal of bufferyard or buffer vegetation.

(B) Mitigation for removal is required by replacement or through donation to the town's tree bank in applicable situations.

(Ord. passed 1-14-25)

§ 156.587 IMPACTS FROM AERIAL TRANSMISSION POWER LINES.

(A) Where protected trees are mutually considered danger trees by the power provider and the Zoning Administrator:

(1) Their removal request shall be submitted in plan form and may be granted, with replacement being required, as outlined in Subchapter E, to be planted on the site of the requested removal. Where buffer configuration, aerial power line conditions or other circumstances or conditions do not permit canopy tree replacement, the largest size tree or tall shrubs may be permitted, with replacement calculations based upon nursery standards or an equivalent donation made to the tree bank as determined by Town Council; and

(2) Such trees may be pruned only in accordance with town standards and with the specifications provided in the latest version of ANSI A300. ANSI A300: Standards for Tree Care Operations specifies acceptable alternatives to topping that may be considered.

(B) Where power line maintenance operations cause violation of Subchapter E by means such as excessive pruning, based upon pruning standards referenced in § 156.706, the tree may be considered damaged and require removal and replacement. Damage to bufferyard or buffer vegetation as a part of any maintenance activity requires replacement in-kind.

(C) Where taller maturing species of trees exist directly under the power lines, pruning practice would otherwise require a tree to be topped, resulting in a standing stub without lateral limbs, they may be removed with Zoning Administrator approval, and may require replacement with more power line-compatible species.

(D) Regular line clearance pruning may be permitted on cyclical events, if pruning is the minimum legally required.

(E) No portions of a bufferyard or buffer shall be maintained by clear cutting or herbicide applications.

(F) Where existing aerial lines are to be placed underground, locations for ground cabinets should first be sought outside of the bufferyard or buffer. Where other options do not exist, minimal portions of the bufferyard or buffer may be cleared to allow for the setting of ground cabinets, with Zoning Administrator approval of the plans, and replanting required around the cabinets to screen them and best reestablish all vegetative levels of the bufferyard or buffer.

(G) Where road widening or other road improvements impact existing bufferyards, a buffer width reduction may occur only when a full buffer width cannot be accommodated with site adjustments. Where a full bufferyard width cannot be provided through site adjustments but some additional width can be accommodated, the width shall be increased to the maximum extent possible. Required plant quantities, based upon the pre-road improvement buffer width within impacted buffers, may only be reduced to the extent that plantings cannot fit within the final approved bufferyard width. The potential to have plantings within the right-of-way may be considered where plantings on private property cannot be accommodated.

(Ord. passed 1-14-25)

§ 156.588 IMPACTS FROM ROAD IMPROVEMENTS.

(A) Where road widening or other road improvements impact existing bufferyards or buffers, a width reduction may occur only when the full required width cannot be accommodated with site adjustments.

(B) Where a full bufferyard or buffer width cannot be provided through site adjustments but some additional width can be accommodated, the width shall be increased to the maximum extent possible. Required plant quantities, based upon the pre-road improvement buffer width within impacted buffers, may only be reduced to the extent that plantings cannot fit within the final approved bufferyard width. The potential to have plantings within the right-of-way may be considered where plantings on private property cannot be accommodated.

(Ord. passed 1-14-25)

§ 156.600 PURPOSE.

(A) The purpose of this part is to:

(1) Separate different land uses from each other, in order to:

(a) Eliminate or minimize potential nuisances, such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas; and

(b) Provide spacing to reduce adverse impacts of noise, odor, or danger from fires or explosions;

(2) Improve air and water quality;

(3) Moderate climatic effects;

(4) Reduce flooding by slowing, stormwater runoff and increasing infiltration;

(5) Stabilize soils; and

(6) Provide habitat for wildlife.

(B) Both the amount of land and the type and amount of planting specified for each bufferyard required by this part are designed to ameliorate nuisances between adjacent land uses or between a land use and a street. Perimeter and right-of-way bufferyards are not intended for future location of water, sewer, or other utility lines.

(Ord. passed 1-14-25)

§ 156.601 APPLICABILITY.

(A) This part applies to

(1) All subdivisions subject to the sketch plan process (see § 155.021); and

(2) The following types of development in the RM, OP-1, OP-2, NC-1, NC-2, AB-1, AB-2, ED, LI, WG-C, SCW-W, SCW-H, SCW-N, and PD Districts:

(a) All new non-residential developments and buildings;

(b) All new mixed use buildings;

(d) Any change of use from one non-residential use to another non-residential use;

(e) Any change of use from a residential use to a non-residential use;

(f) Any expansion of an existing building, structure, or vehicular use area by more than 50% of its gross area; and

(g) Any renovation of a nonconforming structure or site feature meeting the threshold in § 156.1538.

(B) This part does not apply to lots located in the Old Village Historic District.

(Ord. passed 1-14-25)

§ 156.602 EXCEPTIONS.

(A) For sites subject to the design review process (see Subchapter I, Part 12) that include one or more separate lots within a larger development (such as an "outparcel"), the necessity of whether a bufferyard is required between the lots within the development, and the specific requirements thereof, shall be determined during the design review process.

(B) Where two non-residential lots share two-way vehicular access (i.e., a driveway) along a common side or rear lot line, the perimeter bufferyards may be eliminated where this vehicular access occurs.

(1) If the two lots share a fully cohesive (shared), interconnected parking lot, the perimeter bufferyard may be entirely eliminated along the common lot line(s) where the parking lot connection exists.

(2) Portions of the lots not interconnected are required to provide the perimeter bufferyard as normally required.

(C) Bufferyards do not apply to interior lot lines for lots subdivided pursuant to the provisions of § 155.047(C)(1)(a). However, perimeter and right-of-way bufferyards are required along the development perimeter or as prescribed by the design review process.

(D) Bufferyards do not apply to lots subdivided pursuant to the provisions of § 155.047(C)(1)(b).

(Ord. passed 1-14-25)

§ 156.603 LOCATION OF PERIMETER AND RIGHT-OF-WAY BUFFERYARDS.

(A) Generally.

(1) Perimeter and right-of-way bufferyards are located along the outer perimeter of a lot, extending to the lot line; and

(2) Are not located on any portion of an existing public or private street or areas encumbered by a recorded easement, except as allowed in division (E) below.

(B) Perimeter bufferyards. Perimeter bufferyards are located along all lot lines that are not adjacent to a public or private right-of-way.

(C) Right-of-way bufferyards. Right-of-way bufferyards are located along all lot lines that are adjacent to a public or private street right-of-way.

(D) Relationship to required setbacks. Where front, side, and rear setbacks are required by this chapter, perimeter and right-of-way bufferyards may be established within the setback area.

(E) Perimeter and right-of-way bufferyards along utility line easements. Perimeter and right-of-way bufferyards installed along utility line easements shall meet one of the following requirements:

(1) If utility lines run parallel or near parallel to a lot line that requires a bufferyard, the required bufferyard must begin at the edge of the utility easement closest to the proposed development; or

(2) The property owner shall obtain a written agreement from the utility company having control of the easement authorizing the required plantings to be placed within the easement and to remain within the easement in perpetuity unless the bufferyard is no longer required. This agreement shall:

(a) Specify the agency or person responsible for the maintenance and replacement of any removed, damaged, or diseased vegetation; and

(b) Be submitted with the zoning permit application or preliminary plat application, as applicable.

(Ord. passed 1-14-25)

§ 156.604 PERIMETER AND RIGHT-OF-WAY BUFFERYARD TYPES.

(A) Existing plant material. Any existing plant material that otherwise satisfies the requirements of this part may be counted toward satisfying the required bufferyard if they are identified on the development plans.

(B) Groundcover required. All bufferyard areas shall be covered with mulch or suitable ground cover, except where other surfaces, such as sidewalks or recreational trails, are allowed to occur within a bufferyard.

(C) Evergreen plant materials. When evergreen (or conifer) plant materials are used in a perimeter or right-of-way bufferyard, they shall be planted in clusters.

(D) Developments subject to design review. The type and height of the required structure and exact placement of required plants shall be determined through the design review process (see Subchapter I, Part 12) based upon the proposed use of the subject property and the uses of adjoining properties and, in the case of fence structures, the type of materials utilized and maintenance issues.

(E) Developments subject to Planning Commission review.

(1) The type and height of the required structure (if any) and the number and species of required plants shall be specified on the sketch plan (see § 155.021). The Planning Commission may require changes based upon the proposed use of the subject property and the uses of adjoining properties and, in the case of fence structures, the type of materials utilized and maintenance issues.

(2) The exact placement of required plants shall be determined through the preliminary plat process (see § 155.023), based upon the proposed use of the subject property and the uses of adjoining properties.

(F) All other developments. For all other developments subject only to the zoning permit process (see Subchapter I, Part 7), the applicant shall propose the number, species, and placement of required plants. However, staff may require changes to help ensure the plants thrive where planted and effectively buffer the subject property as intended.

(G) Bufferyard illustrations. The illustrations in Figures 156.604-1 through 156.604-7 graphically indicate the planting requirements for each bufferyard type. Each illustration depicts the bufferyard to be provided on a given property, which is a portion of the total bufferyard to be provided between two adjoining properties or between the subject property and the right-of-way.

(1) The illustrations specify the type and quantity of plant materials required by each bufferyard type and each bufferyard option.

(2) The requirements are stated in terms of the bufferyard width and the number of plants required per 100 linear feet of bufferyard.

(3) The requirements of a bufferyard may be satisfied by any one of the options illustrated.

(4) The plant unit multiplier is a factor by which the basic number of plant materials required for a given bufferyard is determined, given a change in the width of that yard.

(5) Figure 156.604-7: Required Structures in Perimeter and Right-of-Way Bufferyards provides specifications for the walls and fences required in certain bufferyard types.

(6) When required, structure type F-1 shall be placed in a bufferyard within four feet of the lot line, while structure types F-2, F-3, F-4, and F-5 may be placed anywhere within a bufferyard.

(Ord. passed 1-14- 25)

§ 156.605 PERIMETER AND RIGHT-OF-WAY BUFFERYARD SPECIFICATIONS.

( A) Generally. Table 156.605-1: Required Perimeter and Right-of-Way Buffer Types by Land Use specifies the perimeter and right-of-way bufferyard types required for proposed development based on land use.

(B) Determination of bufferyard requirements. To determine the bufferyard required between two adjacent lots or between a lot and a street:

(1) In the leftmost column of the table, locate the row for the proposed use of the lot on which development is proposed;

(2) For each lot line (or segment thereof), identify the adjacent land use and locate the applicable column;

(3) The table cell where the row and column intersect specifies the applicable bufferyard type (see § 156.604).

(C) Different bufferyard types along a single lot line. Where the required bufferyard type changes along a lot line because of abutting land uses, the applicable bufferyard width and plant schedule shall be provided adjacent to each abutting land use.

Table 156.605-1: Required Perimeter and Right-of-Way Buffer Types by Land Use

Proposed Land Use

Existing Adjacent Land Use

Detached House, Manufactu red House

Duplex, Townhouse, Triplex

Quadpl ex, Multipl ex

Apartm ent Complex, Group Living

Agricultu ral

Mixed Use

Religious, Education, Recreation, Day Care, Nursing Home

Commerc ial, Office, Institutio nal

Industri al1

Vacant Land 2

Street3

All Other

Major subdivision with detached house and/or manufactured house dwellings4

B/A

Duplex, townhouse, triplex4

B/A

Quadplex, multiplex4

B/A

Apartment complex, group living4

B/A

Mixed use

C/A

Religious, education, recreation, day care, nursing home

B/A

Commercial, office, institutional

C/A

Industrial1

D/A

All other uses except those for which buffers are specified elsewhere by this chapter

C/A

1 Includes all uses allowed in the LI District.

2 The first letter designates the required buffer for vacant land with one of the following Comprehensive Plan Future Land Use Map designations: Rural Residential, Conventional Residential Neighborhood, Traditional Residential Neighborhood, Settlement Community, or Mixed Neighborhood. The second letter designates the required buffer for vacant land with any other Future Land Use Map designation.

3 A special right-of-way bufferyard or scenic highway bufferyard may apply in lieu of the bufferyard type specified here. See § 156.606 and § 156.607.

4 For purposes of this table, a major subdivision is one that requires review and approval of a sketch plan. The required bufferyard shall be located on the exterior perimeter of the development project only, and does not apply to individual buildings, driveway accesses, or streets within the interior of the development. Individual duplex dwellings located in the R-1, R-2, and R-4 Districts do not require a perimeter or right-of-way bufferyard.

(Ord. passed 1-14-25)

§ 156.606 SPECIAL RIGHT-OF-WAY BUFFERYARDS.

(A) Purpose.

(1) The purpose of this section is to provide enhanced screening along the specified rights-of-way that helps to:

(a) Preserve tree canopy;

(b) Minimize the harmful impacts of noise, dust and other debris, and motor vehicle headlight glare; and

(2) The special right-of-way bufferyard is intended to appear as a wooded strip, with a mix of canopy and understory trees, shrubs, and undergrowth.

(B) Applicability. This section applies along:

(1) Highway 17 North from its intersection with Long Point Road and with Old Georgetown Road, north/northeast to the municipal boundary;

(2) Highway 41 from its intersection with Highway 17 North, north to the Wando River; and

(3) Long Point Road from its intersection with Interstate 526 to its intersection with Whipple Road and with Lillie and Rebecca Lane.

(C) Vegetation removal prohibited. Except as provided in division (F) below, removal of trees and natural vegetation occupying a special right-of-way bufferyard is prohibited.

(D) Natural, undisturbed bufferyard required.

(1) New developments, redevelopments, and lot subdivisions are required to maintain or establish a bufferyard along each lot’s right-of-way frontage.

(2) If the property is vegetated prior to submittal of development plans, the existing bufferyard shall remain natural and undisturbed, except that select clearing is allowed as provided in division (F) below. If the existing bufferyard does not contain at least the minimum plantings required by Part 6: Lots Without an Existing Buffer, the applicant shall supplement the existing buffer to meet the requirements of Part 6.

(3) If a natural, vegetated bufferyard does not exist on a lot at the time of submittal of development plans, the applicant shall establish the bufferyard during the development process as specified in Part 6. In such cases, all new plantings shall be native species.

(E) Minimum bufferyard width. The minimum width for a special right-of-way bufferyard is 50 feet.

(F) Select clearing allowed. Select clearing of trees measuring less than three inches DBH is allowed in a special right-of-way bufferyard.

(1) All trees three inches DBH or greater shall be indicated on a tree survey.

(2) Select pruning of limbs up to eight feet above ground level or half the height of the tree, whichever is less, is allowed if it meets the pruning standards as provided in the latest version of American National Standard for Tree Care Operations – Tree, Shrub, and Other Woody Plant Management - Standard Practices (Pruning) (ANSI A300).

(G) Invasive species. Invasive species shall be removed from a special right-of-way bufferyard in accordance with § 156.583.

(H) Supplemental landscaping. A property owner may supplement existing vegetation in a special right-of-way bufferyard if the additional landscaping is comprised of native species and is approved by the Department of Planning, Land Use and Neighborhoods.

(I) Irrigation. Irrigation systems are allowed in a special right-of-way bufferyard if approved by the Department of Planning, Land Use and Neighborhoods.

(J) Utilities.

(1) Cross-penetration of utilities in a special right-of-way bufferyard is discouraged and, to the extent possible, shall be brought in at other disturbed areas such as vehicular access points or sidewalk connections.

(2) Where cross-penetration of utilities in a special right-of-way bufferyard is unavoidable, the property owner shall obtain a written agreement from the utility company having control of the easement in accordance with § 156.603(E).

(a) Where a special right-of-way bufferyard is vegetated, utility cross-penetrations shall be bored under existing vegetation to avoid any disturbance to the buffer vegetation.

(b) In cases where no vegetation exists prior to development, trenched utility penetrations may occur. However, maintenance or repairs to the utility line that disturbs vegetation planted as a requirement of the development process shall be replaced in accordance with § 156.603(E).

(K) Prohibited elements. The following elements are prohibited in a special right-of-way bufferyard:

(1) Structures, including fences and walls, unless they are associated with a use allowed by § 156.608;

(2) Amenity features such as tables, seating areas, and fire pits, whether temporary or permanent; and

(3) Natural and synthetic turf grass.

(L) Development plans and construction activities.

(1) The boundaries of the special right-of-way bufferyard shall be clearly delineated and identified on all development plans and plats submitted for approval.

(2) Bufferyard limits shall be staked in the field prior to and throughout construction activities. Bufferyard limits shall be marked with a stake every 50 feet and at every point where the bufferyard limit pivots or changes direction.

(Ord. passed 1-14-25)

§ 156.607 SCENIC HIGHWAY BUFFERYARDS.

(A) Purpose.

(1) The purpose of this section is to:

(a) Fulfill the intent of the Mathis Ferry Road and Long Point Road Corridor Management Plans; and

(b) Conserve and enhance the natural tree canopy that helps support the routes’ Scenic Highway designation.

(2) To this end, owners of all developed properties are encouraged to plant trees along their Mathis Ferry Road or Long Point Road frontage to maintain the tree canopy along these scenic highways.

(B) Applicability. This section applies along:

(1) Mathis Ferry Road, from its intersection with 7th Avenue to its intersection with Whipple Road; and

(2) Long Point Road, from its intersection with Whipple Road to its intersection with Highway 17 North.

(C) Vegetation removal prohibited. Except as provided in division (F) below, removal of trees and natural vegetation occupying a special right-of-way bufferyard is prohibited.

(D) Minimum bufferyard width. The minimum width for a scenic highway bufferyard is based on the type of development proposed.

(1) When an existing detached house, duplex, or townhouse dwelling is improved by 50% or more of its assessed value, a 25-foot bufferyard shall be maintained or established in accordance with the planting requirements specified in division (E) below.

(2) When an existing non-residential structure, triplex dwelling, quadplex dwelling, multiplex dwelling, or an apartment complex is improved by 50% or more of its assessed value, a 50-foot bufferyard shall be maintained or established in accordance with the planting requirements specified in division (E) below.

(3) When an existing residentially-zoned lot is subdivided into two or more lots, each at least 10,000 square feet in area, a 50-foot bufferyard shall be maintained or established in accordance with the planting requirements specified in division (E) below.

(4) When an existing residentially-zoned lot is subdivided into two or more lots, each less than 10,000 square feet in area, a 25-foot bufferyard shall be maintained or established in accordance with the planting requirements specified in division (E) below.

(5) When an existing lot is developed with any non-residential use, a triplex dwelling, a quadplex dwelling, a multiplex dwelling, or an apartment complex, a 50-foot bufferyard shall be maintained or established in accordance with the planting requirements specified in division (E) below.

(6) When an existing lot is developed with a detached house, duplex, or townhouse dwelling, a 25-foot bufferyard shall be maintained or established in accordance with the planting requirements specified in division (E) below.

(E) Natural, undisturbed bufferyard required.

(1) New developments, redevelopments, and lot subdivisions are required to maintain or establish a bufferyard along each lot’s scenic highway frontage.

(2) If the property is vegetated prior to submittal of development plans, the existing bufferyard shall remain natural and undisturbed, except that the removal of invasive exotic species and vines is allowed as provided in division (F) below.

(3) If a natural, vegetated bufferyard does not exist on a lot at the time of submittal of development plans, the applicant shall establish the bufferyard during the development process as follows:

(a) Except as otherwise provided below, the applicant shall remove existing turf grass, fences, walls, and any other structure located in the scenic highway bufferyard.

(b) If the proposed use of the lot is a detached house dwelling, the applicant shall replant the scenic highway bufferyard with one 2.5-inch caliper live oak tree per 30 feet of frontage or portion thereof. Applicants are not required to remove existing turf grass. If turf grass does not exist, the applicant shall mulch the scenic highway bufferyard.

1. Any existing oak tree in good health located in the bufferyard may be used to meet this requirement.

2. If the lot cannot physically accommodate the required tree(s), the applicant may pay a fee-in-lieu as provided in § 156.702(M).

1. Mulch and replant the scenic highway bufferyard with the following number and type of plants for each 200 square feet of bufferyard area:

a. Four three-gallon shrubs and four seven-gallon shrubs comprised of at least three differing species, with near equal quantities of each species; and

b. Two 1.5-inch caliper understory trees and one 2.5-inch caliper canopy tree comprised of at least two differing species per tree type. The result of this requirement is that there are at least two different species of understory trees and at least two different species of canopy trees.;

2. Install plantings that are indigenous to the immediate area; and

3. Arrange the plantings in a natural random pattern.

(F) Invasive exotic species and vines.

(1) All property owners may remove invasive exotic species and vines from the scenic highway bufferyard.

(2) New construction, additions to existing construction, and redevelopments are required as part of their construction plans to eradicate invasive exotic species and vines from their scenic highway bufferyard area. Herbicide treatments or other activities necessary to eradicate invasive species shall begin during the first phase of development (e.g., the clearing phase) to ensure adequate time for subsequent treatments and the effective eradication of these species prior to completion and final inspection of the development project (see A Management Guide for Invasive Plants in Southern Forests, United States Department of Agriculture, Forest Service, Southern Research Station).

(3) Property owners along these scenic highway corridors are encouraged to regularly monitor their buffer and take measures to control vine and invasive exotic species growth to ensure a healthy, natural buffer.

(G) Prohibited elements. The following elements are prohibited in a scenic highway bufferyard:

(1) Structures, including fences and walls, unless they are associated with a use allowed by § 156.608;

(2) Amenity features such as tables, seating areas, and fire pits, whether temporary or permanent; and

(3) Natural and synthetic turf grass.

(H) Development plans and construction activities.

(1) The boundaries of the scenic highway bufferyard shall be clearly delineated and identified on all development plans and plats submitted for approval.

(2) Bufferyard limits shall be staked in the field prior to and throughout construction activities.

(Ord. passed 1-14-25)

§ 156.608 USE OF PERIMETER AND RIGHT-OF-WAY BUFFERYARDS.

(A) Allowed uses. The uses specified below are the only uses allowed in a perimeter or right-of-way bufferyard.

(1) Multi-use paths.

(a) A perimeter or right-of-way bufferyard may accommodate a publicly accessible multi-use path, if the path:

1. Is part of the approved route for Mount Pleasant Way; or

2. Is identified as a recommended improvement in the town’s Bicycle and Pedestrian Master Plan; or

3. Creates a new connection between existing disconnected paths or sidewalks; and

4. Is sited in a manner that minimizes impacts to the bufferyard vegetation; and

5. Is shown on the approved site plan for the development.

(b) A multi-use path may include boardwalks as well as amenities, such as benches, bicycle repair stations, and trash cans.

(2) Stormwater control measures. A perimeter or right-of-way bufferyard may accommodate stormwater conveyance and infiltration, if the proposed development achieves the Level 2 or Level 3 threshold specified in the town’s Environmental Guidelines for Land Development.

(3) Signs. Freestanding signs are allowed in a perimeter or right-of-way bufferyard if permitted in accordance with this chapter.

(4) Fences and walls. Fences and walls are allowed, and in some instances are required, within a perimeter or right-of-way bufferyard.

(5) Utility ground cabinets. Utility ground cabinets are allowed within a perimeter bufferyard, but should not be placed in a right-of-way bufferyard.

(B) Prohibited elements. The following elements are prohibited in a perimeter or right-of-way bufferyard:

(1) Structures, excluding signs, fences, walls, and utility ground cabinets, unless they are associated with a use allowed by this section; and

(2) Amenity features such as tables, seating areas, and fire pits, whether temporary or permanent.

(Ord. passed 1-14-25)

§ 156.609 ALTERNATIVE COMPLIANCE.

(A) Purpose. Project conditions associated with individual sites that are subject to the Environmental Guidelines for Land Development (see § 155.054(B)) may justify approval of alternative methods of compliance. Conditions may arise where normal compliance is impractical or impossible, or where maximum achievement of the purpose and intent of this part can only be obtained through alternative compliance.

(B) Applicability.

(1) This section allows alternative methods of meeting the requirements of this part for perimeter and right-of-way bufferyards for developments that are subject to the Environmental Guidelines for Land Development (see § 155.054(B)).

(2) Requests for alternative compliance review may be submitted in conjunction with any application for a use or development to which the perimeter and right-of-way bufferyard requirements apply, when one or more of the following conditions are met:

(a) A higher level of opacity would result from alternative compliance;

(b) Topography, soil, vegetation, drainage, or other site conditions are such that full compliance is impractical;

(d) Spatial limitations, unusually shaped lots, prevalence of overhead power lines, unusual servitude requirements, or prevailing practices in the surrounding neighborhood justify alternative compliance;

(e) Public safety considerations make alternative compliance appropriate; or

(f) Public improvement projects make alternative compliance appropriate.

(3) Alternative compliance is not allowed as a way to provide less landscape material than is otherwise required.

(1) Requests for alternative compliance shall be accompanied by written explanation and plan drawings to allow staff evaluation and decision.

(2) Documentation and plan drawings shall be prepared and stamped by a State of South Carolina Registered Landscape Architect.

(D) Approval criteria. Staff may approve or approve with conditions an alternative buffer plan if the proposed bufferyard plan:

(1) Is at least equivalent to one that complies with this part in terms of aesthetics, innovation, and creativity;

(2) Incorporates existing vegetation, where present, and topographical conditions;

(3) Functions to buffer different uses of adjacent lots where appropriate; and

(4) Uses a variety of complementary species of trees and shrubs.

(Ord. passed 1-14-25)

§ 156.620 PURPOSE AND INTENT.

(A) The purpose of the critical area buffer is to:

(1) Reduce stormwater pollutants;

(2) Improve water quality;

(3) Prevent and reduce erosion through undisturbed and stabilized areas;

(4) Preserve wildlife corridors and natural habitats for important species;

(5) Reduce flooding and subsequent damage to property; and

(6) Provide a natural privacy barrier.

(B) The intent of this part is to prohibit grassed, manicured lawns within the buffer area.

(Ord. passed 1-14-25)

§ 156.621 APPLICABILITY.

(A) This part applies to all lots located adjacent to the critical area, as defined in S.C. Code § 48-39-10, or located within 35 feet of the critical area line.

(B) Where a developed lot does not meet the critical area buffer requirements, the buffer shall be established in accordance with this part if the principal structure on the lot is improved by 50% or more of its assessed value.

(C) Where a vacant lot does not meet the critical area buffer requirements, the buffer shall be established in accordance with this part when the lot is developed.

(Ord. passed 1-14-25)

§ 156.622 CRITICAL AREA BUFFER REQUIRED.

(A) Generally.

(1) A vegetated buffer shall be maintained or established along areas designated as the tidally influenced "critical area" by the South Carolina Department of Environmental Services (SCDES) Bureau of Coastal Management (BCM).

(2) The natural vegetation in the buffer shall remain undisturbed, except as allowed by § 156.624 and § 156.626. In addition, invasive species shall be removed in accordance with § 156.583.

(B) Buffer location.

(1) The critical area buffer is located landward of the critical area line.

(2) A critical area buffer is required whether or not the critical area line is located on the subject lot.

(3) Critical areas by their very nature are dynamic systems, subject to change over time. Because of this, the limits of the critical area buffer are established by the final plat approved by the town and recorded with the Charleston County ROD office.

(a) The buffer limits shall remain unchanged in perpetuity unless a new subdivision occurs. At such time, the critical line must be validated by SCDES-BCM, which will establish the current critical line location and thus the new buffer area; provided, however, the new critical line location only applies to the subject lot and not to adjoining lots.

(b) In areas where the critical area buffer has been averaged, the new buffer area shall not result in a reduction in square footage of the former buffer area previously established.

(c) It is the sole responsibility of the property owner to ensure all construction activity occurs landward of the current SCDES-BCM critical line, irrespective of the critical line location reflected on the most recent recorded plat.

(1) The width of the critical area buffer is:

(a) An average of 35 feet; and

(b) A minimum of 20 feet.

(2) The minimum and average buffer widths apply to individual lots. The average buffer width shall not be applied over adjacent lots.

(D) Natural, undisturbed buffer required.

(1) New developments, redevelopments, and lot subdivisions are required to maintain any existing buffer in its natural state, except as provided in § 156.624, § 156.625, and § 156.626.

(2) If a natural, vegetated bufferyard does not exist on a lot at the time of submittal of development plans, the applicant shall establish the bufferyard during the development process as specified in Subchapter D, Part 6.

(Ord. passed 1-14-25)

§ 156.623 PROHIBITED ELEMENTS IN A CRITICAL AREA BUFFER.

(A) Impervious surfaces. Impervious surfaces are prohibited within the critical area buffer, except as provided in § 156.624.

(B) Erosion control structures. Erosion control structures or portions of these structures, such as retaining walls and rip rap, may be located on the critical line but are prohibited within the critical area buffer.

(C) Fences and walls. Fences with masonry elements and walls are prohibited within the critical area buffer. Fences without masonry elements are allowed, if materials are brought in without the use of vehicles or heavy equipment and they are constructed by hand.

(Ord. passed 1-14-25)

§ 156.624 ALLOWED USES IN A CRITICAL AREA BUFFER.

Only the following uses are allowed in the critical area buffer:

(A) A pedestrian trail, if the trail is:

(1) Publicly accessible;

(2) Constructed of pervious material; and

(3) Oriented parallel to the critical line;

(B) A pedestrian or vehicular boardwalk, if the boardwalk:

(1) Leads to a water-dependent use, such as a dock, pier, bridge, or boat landing;

(2) Is elevated above grade to avoid channelization; and

(3) Is the minimum width necessary to provide access;

(D) Permitted freestanding signs and utility ground cabinets.

(Ord. passed 1-14-25)

§ 156.625 STORMWATER CONTROL MEASURES.

(A) Existing lots.

(1) Where stormwater control measures must be placed within the critical area buffer on an existing lot, the property owner shall use swales or other means, rather than drainage pipes, to convey stormwater.

(2) The stormwater control measure(s) must be located within an existing vision corridor. If a vision corridor does not exist, any clearing of vegetation required for construction of the stormwater control measures must meet the requirements in § 156.626.

(B) New subdivisions requiring sketch plan approval.

(1) Any new subdivision that is not exempt from sketch plan approval pursuant to § 155.028: Exceptions may use drainage pipes to convey stormwater through the critical area buffer.

(2) Vegetation removal is limited to the minimum required to accommodate the drainage pipe(s).

(Ord. passed 1-14-25)

§ 156.626 VISION CORRIDORS.

(A) Generally. Vision corridors may be established through the critical area buffer on any lot in accordance with this section.

(B) Vision corridor defined. A vision corridor is a vertical corridor cut through the buffer, allowing a view through the critical area buffer. This area is generally formed by two near perpendicular lines connecting the critical area line to the upland boundary of the critical area buffer.

(1) The area of a vision corridor shall not exceed one-third (33%) of the square footage of the total buffer area.

(2) The vision corridor shall be one single uniform unbroken portion, except on lots where the buffer exceeds 5,250 square feet in area where it may be broken into multiple vision corridors that each are at least 25 feet in length.

(D) Vegetation removal and pruning.

(1) Within the vision corridor, trees of a protected size for the lot (see Subchapter E) shall not be removed. Smaller trees may be pruned or cut with hand tools, but the stump must remain in place.

(2) Grasses, shrubs, and other smaller vegetation may be pruned and trimmed, but shall not be removed at the root.

(3) Pruning of any vegetation is limited to eight feet above the ground and must be completed in accordance with the American National Standard for Tree Care Operations – Tree, Shrub, and Other Woody Plant Management - Standard Practices (Pruning) (ANSI A300).

(4) The use of heavy equipment and herbicides is prohibited in the buffer.

(5) The intent of this division is to ensure the root mass remains intact to stabilize the ground surface, which prevents soil erosion.

(Ord. passed 1-14-25)

§ 156.627 CRITICAL AREA BUFFER AND VISION CORRIDOR DELINEATION AND RECORD.

(A) The boundaries of the critical area buffer shall be clearly delineated and identified on all development plans and plats submitted for approval.

(B) If a vision corridor is intended to be established during the development process, it shall be delineated on the final version of all design plans.

(1) For developments subject to design review, the vision corridor shall be delineated on the final design review plans.

(2) For all other developments, the vision corridor shall be delineated on the building permit application.

(3) Once a building permit application is submitted for a particular lot, a vision corridor may only be established through a plat revision or deed restriction on the property on which it is located to act as a record of its establishment.

(4) The distances from rear and side property lines must be shown on final design plans and revised plats or specified in the deed restriction, as applicable.

(C) Subsequent changes to an established buffer or vision corridor must be re-approved and re-recorded, with restoration in accordance with Subchapter D, Part 6 required for any previously disturbed buffer area, if necessary.

(D) Buffer and vision corridor limits shall be staked in the field prior to and throughout construction activities. In addition, the vision corridor shall have protective barricades (see Figure 156.705-3: Protective Barricade) along its edges that are approximately perpendicular to the critical line.

(Ord. passed 1-14-25)

§ 156.628 VIOLATIONS AND ENFORCEMENT.

(A) Violation of this part or failure to comply with any of the requirements hereof shall be classified as a misdemeanor punishable by a fine in the amount of up to $500, or imprisonment for not more than 30 days, or both. However, no penalty shall exceed the penalty provided by state law for a similar offense.

(1) A separate offense shall be deemed committed for:

(a) Each tree and/or separate plant or shrub that is removed; and

(b) Each day that the violation occurs or continues.

(2) Any person, firm, organization, society, association, partnership, corporation, or like entity, or any agent or representative thereof, who commits, participates in, or assists in such violation may each be found guilty of a separate offense and suffer the penalties herein provided.

(B) Full restoration to a condition comparable to that which was destroyed shall be required within a specified period. If restoration is to be accomplished by the offending party, it shall include posting an acceptable financial guarantee with the town for the full amount of restoration required until the same is completed.

(C) Failure to comply with the terms stated in this part shall also be subject to enforcement in a circuit court of competent jurisdiction.

(Ord. passed 1-14-25)

§ 156.640 PURPOSE.

This part establishes requirements for buffers adjacent to freshwater wetlands to improve water quality, preserve natural habitat, and reduce flooding.

(Ord. passed 1-14-25)

§ 156.641 APPLICABILITY.

This part applies to all lots that contain or are located adjacent to freshwater wetlands delineated by an environmental/wetland professional.

(Ord. passed 1-14-25)

§ 156.642 WETLAND BUFFER REQUIRED.

(A) Buffer width. A buffer at least 35 feet in width is required adjacent to all freshwater wetlands delineated by an environmental/wetland professional.

(B) Natural, undisturbed buffer required.

(1) New developments, redevelopments, and lot subdivisions are required to maintain any existing buffer in its natural state, except as provided in § 156.644 and § 156.645.

(Ord. passed 1-14-25)

§ 156.643 IMPERVIOUS SURFACES IN A WETLAND BUFFER.

Impervious surfaces are prohibited within a wetland buffer.

(Ord. passed 1-14-25)

§ 156.644 REMOVAL OF INVASIVE SPECIES.

(A) The removal of invasive exotic species from a wetland buffer is required.

(B) The use of heavy equipment and herbicides for vegetation removal is prohibited.

(Ord. passed 1-14-25)

§ 156.645 TRAIL SYSTEM.

(A) The only use allowed in a wetland buffer is a pervious pedestrian and bicycle trail system, if no trees greater than three inches DBH are removed.

(B) The use of heavy equipment and herbicides for vegetation removal is prohibited.

(Ord. passed 1-14-25)

§ 156.650 PURPOSE.

This part establishes requirements for buffers intended to protect historical, archaeological, and cultural resources.

(Ord. passed 1-14-25)

§ 156.651 APPLICABILITY.

(A) This part applies to all lots that contain or are immediately adjacent to an historical, archaeological, or cultural resource. This part does not apply within the Old Village Historic District.

(B) New developments, redevelopments, and lot subdivisions are required to maintain or establish a buffer adjacent to historical, archaeological, and cultural resources that are:

(1) Individually listed in or eligible for listing in the National Register of Historic Places;

(2) Resources contributing to listed or eligible historic districts;

(3) Resources contributing to individual historic properties such as structures or archaeological sites; or

(4) Designated by Town Council or County Council as an historical, archaeological, or cultural resource.

(Ord. passed 1-14-25)

§ 156.652 HISTORICAL AND CULTURAL RESOURCES BUFFER REQUIRED.

(A) Buffer width. A buffer at least 40 feet in width is required adjacent to all historically, archaeologically, or culturally significant areas.

(B) Natural, undisturbed buffer required.

(1) New developments, redevelopments, and lot subdivisions are required to maintain any existing buffer in its natural state, except as provided in § 156.653 and § 156.654.

(Ord. passed 1-14-25)

§ 156.653 REMOVAL OF INVASIVE SPECIES.

(A) The removal of invasive exotic species from an historical and cultural resources buffer is required.

(B) The use of heavy equipment and herbicides for vegetation removal is prohibited.

(Ord. passed 1-14-25)

§ 156.654 TRAIL SYSTEM.

(A) The only use allowed in an historical and cultural resources buffer is a pervious pedestrian and bicycle trail system, if no trees greater than three inches DBH are removed.

(B) The use of heavy equipment and herbicides for vegetation removal is prohibited.

(Ord. passed 1-14-25)

§ 156.660 APPLICABILITY.

This part applies to the buffers and bufferyards required by:

(A) § 156.606;

(B) Subchapter D, Part 3;

(D) Subchapter D, Part 5.

(Ord. passed 1-14-25)

§ 156.661 PLANTING STANDARDS.

When a buffer or bufferyard meeting the requirements of this subchapter does not exist on a lot, the following provisions apply:

(A) For special right-of-way bufferyards, all prohibited elements shall be removed, including impervious surfaces (other than trails and multi-use paths, if allowed) and existing turf;

(B) The buffer or bufferyard shall be mulched and replanted as prescribed below per 200 square feet:

(1) Four three-gallon shrubs and four seven-gallon shrubs comprised of at least three differing species, with near equal quantities of each species; and

(2) Two one and one-half inch understory trees and one two and one-half inch caliper canopy tree comprised of at least two differing species per tree type. The result of this requirement is that there are at least two different species of understory trees and at least two different species of canopy trees.

(1) Indigenous to the immediate area;

(2) Arranged in a natural random pattern; and

(3) In a critical area buffer, selected from the list in Table 156.661-1: Critical Area Buffer Vegetation List.

Table 156.661-1: Critical Area Buffer Vegetation List
Canopy Trees	Understory Trees	Shrubs
Vegetation Suitable for Areas Close to Salt Water/Salt Spray
Eastern red cedar (Juniperus virginiana)	Cabbage palmetto (Sabal palmetto)	Dwarf palmetto (Sabal minor)
Hackberry (Celtis laevigata)	Wax myrtle (Myrica cerifera)	Cabbage palmetto (Sabal palmetto)
Laurel oak (Quercus laurifolia)	Yaupon holly (Ilex vomitoria)	Salt myrtle (Baccharis halimifolia)
Live oak (Quercus virginiana)		Wax myrtle (Myrica cerifera)
Loblolly pine (Pinus taeda)		Yaupon holly (Ilex vomitoria)
Southern red cedar (Juniperus virginiana var. silicicola)
Water oak (Quercus nigra)
Additional Vegetation Suitable for More Protected Locations
American holly (Ilex opaca)	Cherry laurel (Prunus caroliniana)	Adams needle yucca (Yucca filamentosa)
Southern magnolia (Magnolia grandiflora)	Red buckeye (Aesculus pavia)	American beauty berry (Callicarpa americana)
Sweetgum (Liquidambar styraciflua)	Sparkleberry
(Vaccinium arboreum)	Summersweet Clethera (Clethra alnifolia)
		Coral bean (Erythrina herbacea)

(Ord. passed 1-14-25)

§ 156.670 APPLICABILITY.

This part applies to landscaping required by Subchapter H, Part 3, Subpart 3.5 and to bufferyards required by Part 2.

(Ord. passed 1-14-25)

§ 156.671 MAINTENANCE RESPONSIBILITY.

The owner, occupant, tenant, and the respective agent of each, if any, are jointly and severally responsible for the maintenance of all landscaping and perimeter and right-of-way bufferyards.

(Ord. passed 1-14-25)

§ 156.672 VEGETATION MAINTENANCE.

(A) All landscape and bufferyard areas shall be properly maintained so as to ensure their survival and aesthetic value, and shall be provided with an irrigation system or a readily available water supply. Failure to monitor such areas is a violation of this Chapter and may be remedied in the manner prescribed for other violations (see Subchapter L).

(B) Landscaping shall be maintained in a good condition so as to present a healthy, neat, and orderly appearance at least equal to the original development, and shall be kept free of refuse, with dead vegetation promptly replaced.

(D) Any pruning or maintenance that significantly limits a plant's ability to obtain its natural form and fulfill the intent of the landscaping and bufferyard requirements will result in the issuance of a citation and/or the possible replacement of damaged material with replacement equal to or greater than the damaged material. Replacement greater than the damaged material may be required when portions of plants are removed or when the landscaping or bufferyard is nonconforming. Pruning specifications as provided in the latest version of ANSI A300 shall be used to determine compliance with this division.

(Ord. passed 1-14-25)

§ 156.673 LANDSCAPING MAINTENANCE BOND.

(A) Prior to issuance of a certificate of occupancy or the recording of a final plat, as applicable, the developer or subdivider shall post a landscaping maintenance bond or other financial security to ensure the required plantings survive in a healthy condition.

(B) The bond shall be equal to 20% of the cost of installation of all required landscaping, including plants and labor, and shall be valid for at least two years from the date of installation.

(C) The town will release the maintenance bond two years after installation of the landscaping if the landscaping has been maintained in a healthy growing condition and any dead or dying plants have been replaced.

(Ord. passed 1-14-25)