The intent of this article is to improve the appearance, quality, and quantity of landscaped area which is visible from public roadways, the purposes being as follows:

(1)

To assist in providing adequate light and air and to prevent the overcrowding of land.

(2)

To provide visual buffering and to enhance the beautification of the town, particularly with reference to new development.

(3)

To safeguard and enhance property values and to protect the public and private investment therein.

(4)

To preserve, protect, and restore the unique identity and environment of the town and preserve the economic base attracted to the town.

(5)

To encourage the preservation of existing trees and vegetation.

(6)

To aid in stabilizing the environment by contributing to the process of air purification, groundwater recharge, and stormwater runoff retardation, while at the same time aiding in noise and glare abatement.

(7)

To protect the public health, safety, and general welfare.

(8)

To encourage sustainable landscaping, emphasizing the use of plant species native to Western North Carolina that provide wildlife habitat.

(Ord. of 5-24-2021(1), § 5)

The requirements of this article shall apply to all public and private land within the town zoning jurisdiction except land used for the following purposes:

(1)

Single-family residences.

(2)

Duplex residences.

(3)

Properties located within the C-1 central business district.

None of the other uses authorized in this chapter shall be permitted until the requirements of this article are met.

(Ord. of 5-24-2021(1), § 5)

For uses which require landscaping, the zoning permit application for such use must be accompanied by a landscaping plan. The landscape plan may be combined with a site plan, but must contain the following information:

(1)

Existing and proposed landscaping;

(2)

Any buffers required by this chapter;

(3)

Any screens required by this chapter;

(4)

Existing and proposed land uses of all adjoining properties and current zoning of those properties;

(5)

Existing vegetation intended to be saved;

(6)

Any barriers proposed to protect vegetation during or after construction;

(7)

Topographic contours at intervals of not more than five feet, indication of the direction of storm water flow, and a description of all storm water control facilities.

(Ord. of 5-24-2021(1), § 5)

(a)

All plant materials used to comply with the requirements of this article shall be selected from a list of recommended species maintained by the zoning administrator unless otherwise approved by the zoning administrator.

(b)

When any landscaped area required by this article is adjacent to parking or vehicular circulation areas, such planted area shall be protected by curbing or other parking barriers.

(c)

Landscaping shall not obstruct the view of motorists using any street, private driveway, parking aisles, or the approach to any street intersection so as to constitute a traffic hazard. Such landscaping shall not violate the guidelines set forth in the town's minimum construction standards for streets.

(d)

All landscaped areas herein required shall be stabilized from dust and soil erosion immediately upon planting and shall thereafter be so maintained until the use of the property or the zoning thereof is changed. Water efficient landscapes and practices are encouraged.

(e)

The property owner of record shall be responsible for maintaining all required plant material in good health. Any dead, unhealthy or missing plants shall be replaced within 120 days after death with locally adapted plants which conform to the planting standards of this chapter. In the event that plant material is severely damaged due to unusual weather occurrence or other acts of God, the owner shall have two years to complete the replanting of the area so damaged.

(Ord. of 5-24-2021(1), § 5)

At least five percent of all lots or parcels which are subject to this article shall be landscaped. This requirement shall be met in addition to any area required for street trees, buffer strips, or screens. Through the adoption of a conditional district, town council may require landscaping consistent with this article or waive or alter such requirements.

(Ord. of 5-24-2021(1), § 5)

Landscaping shall be required on any portion of a lot adjacent to a public road or street right-of-way. A strip shall be provided for the planting of street trees, which strip must average ten feet in width with a minimum width of five feet. The strip shall contain one tree for each 40 feet of street right-of-way frontage. Street trees shall have a caliper of at least one inch at planting. The width of the planting strip and tree placement therein may be varied except that street trees may not be closer than 15 feet apart. Other types of plant materials shall be provided to complement street trees subject to approval by the zoning administrator. Shrubs and other types of plant materials shall be used which will complement the tree plantings subject to approval by the zoning administrator.

The following exemptions to this section shall apply:

(1)

Land uses exempted from the application of this article.

(2)

Where property is located in the C-1 central business district and a building is located nearer than five feet to the property line adjacent to the street right-of-way as may be permitted by this chapter.

(3)

Where a buffer strip or other screening is required along the property line adjacent to the right-of-way by another section of this chapter.

(Ord. of 5-24-2021(1), § 5)

(a)

Landscaping shall be required in and around all new or redesigned off-street parking and loading areas. The word "redesigned" is hereby defined as a change in configuration or increase or decrease in the lot size.

(b)

Landscaping shall be provided for parking and loading areas as follows:

(c)

At least 50 percent of the required parking lot landscaping shall be provided as landscaped islands within the parking lot.

(d)

One tree of a least one inch caliper and an initial height of at least four feet shall be provided for each 15 parking spaces. The expected height at maturity of such trees shall be at least eight feet.

(e)

No parking space shall be more than 50 feet from a tree or 75 feet from plantings of more than one tree. (This must be shown on the landscape plan.)

(f)

Shrubs and other types of plant materials shall be used which will complement the tree plantings subject to approval by the zoning administrator.

(Ord. of 5-24-2021(1), § 5)

The zoning administrator may waive the requirement of planting of new trees set forth in this article if large trees existing on the site are protected and maintained before, during, and after construction. This credit for existing trees is only available on a one to one ratio for trees of more than six inches in circumference measured at a point on the trunk four feet above the ground.

In order for credit to be assigned for street trees, buffer strips, or screening trees, the zoning administrator must certify that the same buffer or screening function will be provided by the saved trees as would be provided by an equivalent number of newly planted trees. If this function will not be provided, the amount of credit shall be reduced accordingly. Saved trees must be protected before, during and after construction by a barrier at the drip line subject to the approval of the zoning administrator. Without such protection no credit shall be awarded for such trees. If a saved tree dies at any time, it shall be replaced.

(Ord. of 5-24-2021(1), § 5)

(a)

If a proposed development is to be completed in phases, the landscaping plan shall, nevertheless, include and show all required landscaping, buffering, and screening for the entire project.

(b)

If a proposed development is subject to the landscaping guarantee provided for in Code section 20-3410 below, such guarantee shall be provided as follows:

(1)

The requirements related to street trees and any required buffering or screening requirements shall be met and guaranteed as provided for in Code section 20-3410 for the current phase of the project prior to the issuance of any zoning permit for the current phase of the project.

(2)

The landscaping requirements related to general landscaping and off-street parking and loading shall be met and guaranteed as provided for in Code section 20-3410 prior to the issuance of a zoning permit or building permit for the construction of additional phases and shall be consistent with the original landscaping plan as approved at the beginning of the project. Any change or modification of the landscaping plan for the additional phases shall be reviewed and approved in the same manner as the original plan.

(Ord. of 5-24-2021(1), § 5)

The provisions set forth in this section shall apply to all development that is subject to landscaping requirements where the total lot area is two acres or more in size. If the landscaping and buffering requirements, as shown on the approved landscaping plan, cannot be totally completed prior to issuance of the zoning permit due to inappropriate timing for meeting the growing season or due to conflicts with construction schedules, the zoning administrator shall, for the purpose of issuing the zoning permit, accept a performance guarantee in accordance with and subject to the provisions of G.S. 160D-804.1.

(Ord. of 5-24-2021(1), § 5)

All landscape plantings materials required by this article shall be selected from the list of recommended species maintained by the zoning administrator or as otherwise approved on a case by case basis by the zoning administrator.

(Ord. of 5-24-2021(1), § 5)