§ 11.2. General requirements.

A planted buffer strip is required to protect residential land uses from excessive heat, dust, wind, light, spill, unsightly views, odor and other characteristics commonly associated with commercial and industrial land uses and related vehicular and pedestrian traffic, which can adversely impact the quality of residential life. The required buffer shall provide necessary visual and acoustical privacy for the conduct of residential lifestyles in a pleasing environment, and shall provide for the protection and preservation of property values in residential districts. The density of buffers should take precedence over width of buffer.

Required buffers shall be established and maintained by the developer and owner of the incompatible (less restrictive) land use. The required buffer must:

1.

Be depicted in detail (the type and locations of natural and planted vegetation are to be illustrated) on each site plan prior to approval.

2.

Not be disturbed by grading, property improvements or construction activities except where necessary to prevent a nuisance, or to thin such natural growth where too dense to permit normal growth, or to remove diseased, misshapen, or dangerous and decayed timbers. Any contemplated disturbance shall first be brought to the attention of the director of community development and general services department and formal approval secured prior to initiating activity within required buffer area. Any hardwood trees with a diameter of 24 inches or more measured at three foot height shall not be removed unless approved by the director of community development and general services department.

3.

Utilize existing vegetation where it has been determined that existing vegetation is appropriate for inclusion within the buffer strip, or when required be supplemented with approved, additional plantings.

4.

Retain the natural topography of the land, except when a portion must be cleared and graded as required by the local law to prevent soil erosion or sedimentation.

5.

Be completely installed in accordance with the approved plan prior to issuance of a Certificate of Occupancy.

6.

Not be used for temporary or permanent parking or loading, other than for provision of drainage improvements as mandated by the local law or for a structure other than a fence.

7.

Attain a height of not less than six feet within three years of the planting date.

(Ord. of 4-28-2008)