A buffer as referenced in this article is a land area reserved to provide a visual and noise barrier which is created by the use of plant or natural existing materials, alone or in combination with berms, fencing or walls.

(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)

Buffers are required to eliminate or minimize potential nuisances, such as dirt, litter, noise, lights, signs, structures or parking areas. Buffers provide the spacing necessary to reduce potentially adverse impacts.

(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)

1.

General Buffer Requirements.

*NOTE: A two and one-half (2.5) foot evergreen planted berm or zero visibility stockade fence may be substituted for up to five (5) feet of reserved space if approved as shown on the preliminary site plans except as specified herein.

2.

Buffers are required on City of Woodstock properties that border unincorporated County properties. The Director of Community Development, or designee, shall enforce the buffer requirement found in the Buffer Requirements Table that most closely corresponds to the County zoning district adjacent to the subject property.

(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021)

1.

Buffers shall not be located on any portion of an existing, dedicated, or reserved public or private street or right-of-way. Buffers shall be located on the outer perimeter of a lot or parcel, extending from the lot or parcel boundary line. Reserved buffers shall be established independently of building setbacks. Building setback requirements shall begin at the portion of a reserved buffer strip furthest from the property.

2.

For new residential subdivisions with buffer requirements, buffers shall be located outside of individual residential lots, and shall be maintained by the homeowner's association.

3.

Where a required drainage, utility or other easement is partially or wholly within a required buffer, the developer shall design the buffer to eliminate or minimize planting within the required easement.

4.

Where a street or road separates different zoning districts, the minimum specified buffers would be required, except where the right-of-way is one hundred (100) feet wide or greater.

5.

Buffers shall be generally natural and undisturbed and free of encroachments, except with respect to matters required herein or by conditions of zoning.

6.

Buffers required alongside property lines shall extend to a street right-of-way line unless otherwise required to observe the sight distance requirements contained in Chapter III of the Land Development Ordinance.

7.

Buffers in which vegetation is nonexistent or is inadequate to provide a year-round effective visual screen shall be planted with supplemental plantings. A buffer design shall be submitted for approval, specifying the type, size and location of all plantings and any nonvegetative screening mechanism (e.g., fence) proposed for use. Refer to the Buffer Planting Standards within Chapter IX of the Land Development Ordinance.

8.

Species selected are to be ecologically compatible to the site and appropriate for design situation.

9.

Protection During Land Disturbing Activities. Natural buffers shall be clearly marked in accordance with the standards within Chapter IX of the Land Development Ordinance and protected prior to commencement of and during authorized land disturbing activities and during construction.

10.

Trees included in buffer plantings may be counted toward site density calculations as required by Chapter IX of the Land Development Ordinance.

(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019; Ord. No. 7205-2021, § 1(Exh. A), 6-14-2021)

1.

A buffer may be used for some forms of passive recreation. It may contain trails built in accordance with the City's trail master plan, provided that:

a.

The year-round visual barrier is preserved; and

b.

The total width of the buffer is maintained; and

c.

In no event shall the following uses be allowed in buffers: Creation of impervious surfaces outside of trails built in accordance with the City's trail master plan, play-fields, stables, swimming pools, tennis courts, or similar active recreation uses.

2.

Buffet areas shall not be used for parking.

3.

A required buffer may not include a storm water retention area.

(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)

Buffers may remain in the ownership of the original owner (and assigns) of a land use. Buffers may be subjected to deed restrictions and subsequently be freely conveyed. They may be transferred to any consenting grantee, provided that any such conveyance adequately guarantees the protection of the buffer for the purposes of this Ordinance.

(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)

1.

Responsibility. The responsibility for maintenance of a required buffer shall remain with the owner of the property. Maintenance is required in order to ensure the proper functioning of a buffer as a reserved open area which reduces or eliminates nuisance. The owner shall be responsible for installing live, healthy plants. Replacement plants shall be provided for any required plants which die or are removed due to disease.

2.

Maintenance. Maintenance shall consist of mowing, removal of litter and dead plant materials, and pruning as needed. Vegetation thus removed shall be replaced where necessary to meet the screening requirements contained herein. Natural water courses within a buffer shall be maintained as free flowing and free of debris. Stream channels shall be maintained so as not to alter flood plain.

Where pedestrian or bicycle trails are allowed within a buffer, these trails shall be maintained to provide for their safe use. Such maintenance shall include pruning of plants to remove obstructions and removal of dead plant materials, litter, or other hazards provided minimal disturbance occurs.

(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)

Required zoning buffers shall include, at minimum, either a wall, a berm, or a fence to be designed to the standards below, except where buffers have been specifically designated as undisturbed.

1.

Wall Standards. Walls shall be of masonry construction and a minimum height of six (6) feet. Walls shall be placed on the edge of the buffered area nearest the most intense land use. The plantings shall be made on the lesser intense use side of the fence.

2.

Berm Standards. Earthen berms shall be a minimum of five (5) feet high and contain the required plantings, unless otherwise specified in this Ordinance.

3.

Fencing Standards. The fencing materials shall be a pressure treated lumber, redwood or cedar, it shall be a picket or stockade design with one hundred (100) percent visual blockage. The fence shall be a minimum of six (6) feet high and placed on the edge of the buffered area nearest the most intense land use. The plantings shall be made on the lesser intense use side of the fence.

4.

A Buffer and Setback. All land development activity subject to this Ordinance shall meet the following requirements:

a.

Buffers shall not be located on any portion of an existing, dedicated, or reserved public or private street or right-of-way. Buffers shall be located on the outer perimeter of a lot or parcel, extending from the lot or parcel boundary line. Reserved buffers shall be established independently of building setbacks. Building setback requirements shall begin at the portion of a reserved buffer strip furthest from the property.

b.

Where a required drainage, utility or other easement is partially or wholly within a required buffer, the developer shall design the buffer to eliminate or minimize planting within the required easement.

c.

Where a street or road separates different zones, the minimum specified buffers would be required, except where the right-of-way is one hundred (100) feet wide or greater.

d.

Buffers shall be generally natural and undisturbed and free of encroachments, except with respect to matters required herein or by conditions of zoning.

e.

Buffers required alongside property lines shall extend to a street right-of-way line unless otherwise required to observe the sight distance requirements contained in Chapter III, Land Development Standards, of this Ordinance.

(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)

Any permit applications for property requiring buffers and setbacks hereunder must include the following:

1.

A site plan showing:

a.

Buffer zone topography with contour lines at no greater than five-foot contour intervals;

b.

Delineation of forested and open areas in the buffer zone; and,

c.

Detailed plans of ail proposed land development in the buffer and of all proposed impervious cover within the setback;

2.

A description of all proposed land development within the buffer and setback.

3.

Any other documentation that the Woodstock Community Development Department may reasonably deem necessary for review of the application and to ensure that the buffer zone ordinance is addressed in the approval process.

4.

All buffer and setback areas must be recorded on the final plat of the property following plan approval.

5.

The Public Works Department may cause inspections of the work in the buffer or setback to be made periodically during the course thereof and shall make a final inspection following completion of the work. The permittee shall assist the Public Works Department in making such inspections. The City of Woodstock shall have the authority to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Ordinance, and for this purpose to enter at reasonable time upon any property, public or private, for the purpose of investigating and inspecting the sites of any land development activities within the protection area. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper or interfere with any such representative while in the process of carrying out official duties.

(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)

Any action or inaction which violates the provisions of this Ordinance or the requirements of an approved site plan or permit may be subject to the enforcement actions outlined in this section. Any such action or inaction which is continuous with respect to time is deemed to be a public nuisance and may be abated by injunctive or other equitable relief. The imposition of any of the penalties described below shall not prevent such equitable relief.

1.

Notice of Violation. If the Woodstock Community Development Department determines that an applicant or other responsible person has failed to comply with the terms and conditions of a permit, an approved site plan or the provisions of this Ordinance, it shall issue a written notice of violation to such applicant or other responsible person. Where a person is engaged in activity covered by this Ordinance without having first secured the appropriate permit therefore, the notice of violation shall be served on the owner or the responsible person in charge of the activity being conducted on the site.

The notice of violation shall contain:

a.

The name and address of the owner or the applicant or the responsible person;

b.

The address or other description of the site upon which the violation is occurring;

c.

A statement specifying the nature of the violation;

d.

A description of the remedial measures necessary to bring the action or inaction into compliance with the permit, the approved site plan or this Ordinance and the date for the completion of such remedial action;

e.

A statement of the penalty or penalties that may be assessed against the person to whom the notice of violation is directed; and

f.

A statement that the determination of violation may be appealed to the Woodstock Community Development Department by filing a written notice of appeal within thirty (30) days after the notice of violation (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient).

2.

Penalties. In the event the remedial measures described in the notice of violation have not been completed by the date set forth for such completion in the notice of violation, any one (1) or more of the following actions or penalties may be taken or assessed against the person to whom the notice of violation was directed. Before taking any of the following actions or imposing any of the following penalties, the Woodstock Community Development Department shall first notify the applicant or other responsible person in writing of its intended action, and shall provide a reasonable opportunity, of not less than ten (10) days (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient) to cure such violation. In the event the applicant or other responsible person fails to cure such violation after such notice and cure period, the Woodstock Community Development Department may take any one (1) or more of the following actions or impose any one (1) or more of the following penalties:

a.

Stop Work Order. The Community Development Department may issue a stop work order which shall be served on the applicant or other responsible person. The stop work order shall remain in effect until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violation or violations described therein, provided the stop work order may be withdrawn or modified to enable the applicant or other responsible person to take necessary remedial measures to cure such violation or violations.

b.

Withhold Certificate of Occupancy. The Community Development Department may refuse to issue a certificate of occupancy for the building or other improvements constructed or being constructed on the site until the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein.

c.

Suspension, Revocation or Modification of Permit. The Community Development Department may suspend, revoke or modify the permit authorizing the land development project. A suspended, revoked or modified permit may be reinstated after the applicant or other responsible person has taken the remedial measures set forth in the notice of violation or has otherwise cured the violations described therein, provided such permit may be reinstated (upon such conditions as the Community Development Department may deem necessary) to enable the applicant or other responsible person to take the necessary remedial measures to cure such violations.

d.

Civil Penalties. In the event the applicant or other responsible person falls to take the remedial measures set forth in the notice of violation or otherwise fails to cure the violations described therein within ten (10) days (or such greater period as the Community Development Department shall deem appropriate) (except that in the event the violation constitutes an immediate danger to public health or public safety, twenty-four (24) hours' notice shall be sufficient) after the Community Development Department has taken one (1) or more of the actions described above, the Community Development Department may impose a penalty not to exceed one thousand dollars ($1,000.00) (depending on the severity of the violation) for each day the violation remains unremedied after receipt of the notice of violation.

e.

Criminal Penalties. For intentional and flagrant violations of this Ordinance, the Community Development Department may issue a citation to the applicant or other responsible person, requiring such person to appear in Woodstock Municipal Court to answer charges for such violation. Upon conviction, such person shall be punished by a fine not to exceed one thousand dollars ($1,000.00) or imprisonment for sixty (60) days or both. Each act of violation and each day upon which any violation shall occur shall constitute a separate offense.

(Ord. No. 5840-2019, § 1(Exh. A), 6-10-2019)