ARTICLE 7: Landscaping & Open Space Article 7: Part A: Landscaping 7.0 Purpose and Intent These regulations are established to protect and enhance the natural landscape of Huntersville and to ensure the appropriate use of plant material in new construction. It is the intent of these regulations to preserve natural tree cover and to include new tree planting with development in order to:
· reinforce community identity; · reduce visual blight, noise, and glare; · increase building and property values; · prevent soil erosion; · reduce storm water runoff; · increase groundwater recharge; · create shade and reduce solar overheating. 7.1 Applicability.1 This Article shall apply to any activity, which requires the issuance of a Land Disturbing permit, except as follows: (a) This Article shall not apply to any portion of property included within the limits of a valid Land Disturbing Permit issued prior to February 17, 2003 (the effective date of this Part), provided that all time constraints relating to the permit issued shall be observed. In no event shall any vested project be extended for a greater time period than 24 months from the date of enactment of this ordinance. (b) All plant and/or tree nurseries and botanical gardens shall be exempt from the terms and provisions of this ordinance in relation to those trees which are being grown for relocation and continued growth in the ordinary course of business or for some public purpose. (c) Land clearing or clearing and grubbing activities for agricultural purposes shall be exempt from the provisions of this ordinance and requires a valid permit issued by Mecklenburg County. (d) Timber harvesting (selective cutting or clear-cutting) for pulpwood or saw timber shall be exempt within all zoning districts and requires a bona-fide farm permit issued by Mecklenburg County or have a Forest Management Plan written by the NC Forest Service or Registered Forester. (e) Subdivisions approved prior to February 17, 2003 which are vested under the provisions of section 2.2 of this ordinance are subject to the landscaping requirements in effect at the time of vesting. 7.2 General Regulations .1 All trees and shrubs shall be locally adapted to the area and meet the specifications for the measurement, quality, and installation of trees and shrubs in accordance with the American Standards for Nursery Stock, published by the American Nurserymen’s Association of Nurserymen. Native species and related cultivars are encouraged. .2 Installation of trees and shrubs shall comply with the Land Development Standards Manual. .3 Landscaping, including berms where permitted, 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 or a condition dangerous to the public safety upon any such street, driveway, parking aisle, or street intersection. Required NCDOT sight distance triangles and sight triangles in Section 8.9 shall apply to street trees. Any sight obstruction determined by the town shall be corrected immediately. .4 Commercial parcels shall be landscaped while vacant to stabilize the site and maintain an attractive appearance. Landscaping shall consist of, at a minimum, turf grass or other vegetative ground cover to stabilize the soil. Shrubs, trees, or any other vegetative cover may be planted that will and create an attractive appearance. .5 All required plantings shall be installed in a manner that insures the availability of sufficient soil and water for healthy growth and that is not intrusive to aboveground and underground utilities. .6 Small maturing trees are required to be substituted for large maturing trees whenever located within 25 feet of an overhead utility line. .7 Monoculture and over planting shall be avoided except that a single species of tree may be planted in formal parks or in conjunction with a streetscape plan. .8 The zoning administrator may approve revisions to a landscaping plan approved by the Town Board or Board of Adjustment in order to accommodate seasonal planting problems or a lack of plant availability as long as:
.9 Existing trees and shrubs shall count towards meeting the buffer yard and screening requirements of sections 7.5 and 7.6 of this Article as long as such are: 1) free from disease or growth problems, 2) clearly shown on the site plan, 3) approved by the zoning administrator prior to development as meeting the intent of the landscaping requirements, 4) are not considered nuisance or noxious plants, and 5) are adequately protected during grading and development of the site. .10 In addition to the Tree Save Area required in this Article, every reasonable effort shall be made to protect and retain existing trees and shrubs not actually lying in planned roadways, drainageways, building foundation sites and construction activity areas. Except when necessary to provide access to a site or to insure the safety and security of people and property, any existing healthy trees that are eight inches or greater in caliper, located within a public right-of-way or undeveloped required yard shall be retained unless approved for removal by staff during site plan review. .11 Berms are not permitted anywhere within the town’s jurisdiction except in conformity with this Article. .12 All trees shall be a minimum of 2 inches in caliper and 8 feet in height at the time of planting, unless otherwise specified. .13 All shrubs shall be a minimum of 3 feet in height at the time of planting with an expected minimum height of at least 6 feet at maturity, unless otherwise specified. 7.3 Maintenance of Required Landscaping .1 The owner, occupant, tenant, and respective agent of each, if any, shall be jointly and severally responsible for the perpetual maintenance and protection of buffer yards, trees, berms, and landscaping planting required by this ordinance. .2 Staff is hereby authorized to order diseased, infested, dying, dead or damaged landscaping required herein to be replaced. .3 Buffer yards that, over a period of time, lose their screening ability shall be replanted to meet the requirements of this ordinance. .4 Replacement of trees and landscaping is permitted and shall be in accordance with the applicable provisions of this ordinance. .5 Maintenance includes actions necessary to keep landscaping materials healthy, neat and orderly in appearance and free of litter and debris. Mulch and ground cover shall be organic. Tire mulch and impervious materials shall not be used in landscape areas. .6 Pruning of trees shall be done according to the National Arborists’ Association Standards in a manner that preserves the character of the tree. Pruning shall not occur in order to give visibility to a structure, use, or sign. .7 Once streets have been accepted by the town or the state, street trees shall be maintained and cared for by the property owner adjacent to the tree except in subdivisions where the property owners association provides maintenance and care. Prior to street acceptance, the developer shall be responsible for ensuring maintenance and care. Maintenance shall include replacement and trimming as necessary. A maintenance responsibility statement shall be provided on the Final Plat and documented within the homeowners association articles of incorporation or the restrictive covenants/deed restrictions for the development. .8 Whenever shrubs are required for screening and buffer yards, they shall be maintained such that they retain their foliage to within 6 inches of the ground on a year-round basis. Further, such shrubs shall not be pruned to be less than the required mature height. 7.4 Tree Preservation, Protection, and Removal .1 Purpose. Wooded sites provide distinct aesthetic, economic and environmental significance and value as a natural resource of the Town. Existing vegetation plays a critical role in maintaining aesthetics, water quality, minimizing erosion and downstream flooding, and increasing quality of life. .2 Tree Preservation. (a) Applicability. (b) Site Analysis/Existing Features Plan (c) Method for Calculating Tree Save Area The tree save area shall be considered the area in which the drip line of the saved tree is located plus an additional 5 feet around the perimeter . If root disturbance or construction activities occur within the drip line of any tree designated as protected, only the area actually being protected will be included in the calculated Tree Save Area. A newly planted tree shall be equivalent to 2,000 square feet of saved area for each large maturing tree planted and 500 square feet of saved area for each small maturing tree planted. New trees shall be planted at a rate of 18 trees per acre. Additional credits shall be given to preserve Heritage Trees at a rate of 2 times the actual tree save area and Specimen Trees at a rate of 1½ times the actual tree save area. Staff may adjust applicable land development standards to protect and preserve Heritage or Specimen Trees. (d) Tree Selection Criteria The Landscape Architect working with staff will determine the trees of greatest priority to designate as tree save areas. The following characteristics shall be considered when selecting trees to be protected and saved:
(e) Tree Save Delineation All trees save areas must be specified on the recorded plat, individual recorded deeds, and all property association documents for land held in common. (f) Tree Preservation in Residential Districts Tree preservation areas shall be determined once a site analysis plan has been completed demonstrating the amount of existing tree canopy on a site and identifying specific locations of all heritage and specimen trees. The percentages listed below are based on the existing tree canopy as established above under Method for Calculating Tree Save Area. The following is the minimum tree preservation required per district:
(g) Tree Preservation in Commercial and Mixed Use Districts
(h) Residential Development along Thoroughfares All residential development fronting a major or minor thoroughfare shall provide a 20-foot landscape easement located within common area between the future right-of-way and any proposed lots or public streets. The easement shall be placed on a map of record and a note on the record plat shall state “The homeowners association shall be responsible for the continued preservation and maintenance of this area.” All existing vegetation shall remain unless it is determined by the Planning Board that the vegetation is not worthy of preservation and an alternative plan is acceptable. These areas must meet or exceed the opaque screening standards as established in this Article through the use of existing vegetation and supplemental plantings. Along thoroughfares, berms may be installed in a landscape easement adjacent to residential development only in areas devoid of existing vegetation or vegetation not worthy of preservation with the approval of the Planning Board. Installation of berms shall not exempt development from the opaque planting requirement as listed above. If included in the landscape design, berms shall:
(a) Applicability
(b) Encroachment If encroachment into a required Tree Save/Preservation Area occurs which causes irreparable damage to the trees, the Tree Preservation and/or Replacement Plan shall be revised to compensate for the loss. Encroachments shall be subject to the penalties listed in Article 7.9. Encroachments, damage and removal of vegetation in a tree save/preservation area shall be replanted in accordance with Article 7.4.5 .4 Tree Removal Land Disturbing Permit Required. Land disturbing activities shall not commence until such activities have been authorized by issuance of a valid Land Disturbing Permit as specified under the provisions of the Land Development Standards Manual and Erosion and Sedimentation Control Manual. If a required tree save/preservation area or required undisturbed buffer yard is disturbed for any reason, it shall be restored at a rate of 10 trees per 1000 square feet. Trees to be planted shall have a minimum caliper of 2 inches, shall be 8-10 feet in height at installation, and shall be at least 75% large maturing varieties. Where a disturbed area also functioned to buffer adjacent properties or public street(s), at least 50% of the trees shall be evergreen varieties. Trees shall be distributed throughout the disturbed area in such a way as to effectively replace the vegetation disturbed. Where under story vegetation is removed or disturbed it shall be replaced at a rate of 40 shrubs per 100 linear feet. Shrubs shall be evergreen and 3 feet in height when installed and are expected to reach a minimum height of 6 feet at maturity. When a tree is destroyed due to an act of God, it shall be replaced with the same species or comparable species, 2 inch in caliper in size. A planting plan is required for staff review and approval prior to commencement of planting. .1 Purpose.The general purpose of buffer yards is to establish regulations protecting and preserving the appearance, character, and value of property within the town. The objectives are to exclude visual contact, create spatial separation and to minimize any adverse impacts on adjacent properties. Where topographical changes, the size and shape of existing lots of record, or other spatial conditions exist which would make adherence to the basic requirement either impossible or ineffective in meeting the purpose of the buffer yard, alternate buffer yard plans will be considered or may be required. These provisions shall not apply to developments in the Town Center (TC), Transit Oriented Development – Residential (TOD-R), and Transit Oriented Development – Employment (TOD-E) zoning districts. .2 Applicability All applicable development plans shall comply with the provisions of this section. A change of use, expansion of existing heated square footage of a building, or and expansion of parking and loading areas will require compliance with these provisions as prescribed per Article 11.5.6, Non-conforming landscaping and screening .3 Function A buffer yard shall function as an opaque or semi-opaque barrier between the viewer and the use or structure to be buffered. Therefore the exact location and arrangement of materials in the buffer yard will be determined based upon an analysis of site topography and sight lines from public spaces or private properties, which are to be protected. The density of the buffer yard is determined by the intensity of the use and the zoning district. Buffer yard plantings shall meet or exceed the following standards:
1 Minimum tree size is 2" caliper, with minimum height 8' to 10' at time of planting. Shrubs planted shall have a minimum height of 3' at installation, expected height of 6' at maturity. 2 The CB, CI, and SP buffer is not required if the subject property is abutting a property zoned CB, CI, or SP. Further, a full eighty (80) foot buffer may be reduced along street frontages where building scale, frontage relationship, and location of accessory uses ensures design compatibility off-site. 3 Where non-residential uses are a part of a mixed-use development, buffer yards are not required between lesser intense uses. 4 Where connectivity between subdivisions is appropriate for high quality neighborhood design, the Town Board may reduce or waive the required buffer yard. 5 Except where non-residential uses in the HC and VS district abut residential uses, buffer yard width may be reduced to 10’ if evergreen shrubs are used that will reach a minimum height of 8’ at maturity. Shrubs shall be planted to create a complete visual buffer. 6 The hierarchy of uses from lower intensity to higher intensity for purposes of determining buffer yards shall be as follows: Residential; Civic; Commercial/Office; Industrial. .4 Additional Buffer Yard Standards. (a) Buffers are not required for internal property boundaries of a planned community with mixed uses, but will be required to be placed at the perimeter of the project. (b) Perimeter parking lot landscaping shall count towards the buffer requirements. (c) Berms shall be permitted as part of a successful buffer program providing that they:
.5 Spacing of plantings. Clustering and/or random spacing of plants and trees is encouraged to produce a natural appearance in the landscape to the extent that the plantings meet the screening intent of this section. .6 Grading and Development within the Buffer Yard Area No grading, clearing, or land disturbing activities shall occur within the required buffer yard area. Areas completely devoid of existing trees may be graded with slopes no greater than 3:1 as long as the future grades do not change the functionality of the required buffer yard (example: grading of a buffer yard to where the planted vegetation is below the property to be buffered). No fill or grading shall occur in any tree save area. Grading shall not create a new drainage pattern that is harmful to existing vegetation. .7 Alternate Buffer Yard Plan In the event of unusual topography or elevation of a development site, soil or other sub-surface condition on the site, or the presence of existing vegetation, the Zoning Administrator may alter the buffer yard requirements as long as the existing features of the development site comply with the spirit and intent of this Article. Such an alteration may occur only at the request of the property owner, who shall submit a plan to the Plan Reviewer showing existing site features that would buffer the proposed use and any additional buffer yard materials the property owner will plant or construct to buffer the proposed use. The Plan Reviewer shall not alter the requirements of the buffer yard unless the developer demonstrates that existing features and any additional buffer yard materials will buffer the proposed use as effectively as the required buffer yard. In deciding whether to approve such a plan, the Plan Reviewer shall consult with the Zoning Inspector. Plans must be reviewed and approved prior to issuance of any certificate of occupancy. .8 All buffer yards shall remain undisturbed except for the following: (a) Utility easements may cross a buffer yard, but may not be planted laterally in a buffer yard. To the extent possible, the path cleared shall be replaced with plant materials which are consistent with those that existed prior to the easement. (b) Driveways and street crossings may cross a buffer yard but may not be installed laterally in a buffer yard. (c) Sidewalks and other pedestrian or bicycle paths may cross a buffer yard or be placed within it if such avoid disturbing existing vegetation (d) Landscaping installation, maintenance, and replacement shall be exempt. .9 In situations where the required buffer yard width is partially or completely contained within an existing easement (e.g. power or natural gas transmission, etc.) the planting requirements of this Ordinance shall be met outside of the easement area. This area shall be identified as a buffer yard on all site, grading, erosion control, and landscape plans. The purpose of a screen is to provide a visual barrier between an unsightly or out of scale development feature and the view from public streets and abutting properties. It is required as specified below: (a) dumpster or trash handling areas: opaque screen (b) mechanical equipment at ground level or rooftop equipment: opaque screen (c) service entrances or utility facilities for building operation: semi-opaque screen (d) loading docks or spaces: semi-opaque screen (e) above ground backflow preventor: semi-opaque (f) all other uses for which screening is specifically required under these regulations (see Article 9, Conditions for Certain Uses). .2 Opaque Screen
7.7 Street Trees and Internal Landscaping .1 Purpose The purpose of this section is to regulate the protection, installation, and long-term management of trees and shrubs within the Town. The regulation of street trees along public and private streets within the Town ensures a pedestrian friendly environment along with providing distinct aesthetic, economic and environmental significance, and value as a future natural resource to the Town. .2 Spacing and Location of Street Trees Street trees are required to be within a minimum 7 foot planting strip located between the existing street and proposed sidewalk. Planting shall be provided as follows:
.3 Supplemental Landscaping Provisions for Residential Lot Trees
Lot Size Required Number of Canopy Trees Less than 10, 000 sq./ft. 1 Front yard, 1 Rear Yard 10,000 -15,000 sq./ft. 1 Front yard, 2 Rear Yard 15,001 – 20,000 sq./ft. 2 Front yard, 2 Rear Yard More than 20,000 sq./ft. 3 Front yard, 3 Rear Yard
.4 Internal Landscaping Requirements for off-street parking in Commercial Development Please refer to Article 6 for internal landscaping requirements for parking lots in commercial developments. 7.8 Installation Guarantees and Maintenance Sureties .1 Installation Guarantee Required. A final Certificate of Occupancy may be issued prior to the installation of trees and shrubs, excluding yard trees, during the non-planting season if a Cash Bond, Surety Bond or Letter of Credit is issued for 120% of the cost of materials and installation. Planting shall be completed during the next planting season. The planting season shall run from October 15 to March 15, except for extreme weather conditions as determined by staff. A final Certificate of Occupancy shall not be given during the planting season unless all of the landscaping is completely installed according to this Article. A temporary Certificate of Occupancy may be issued during the non-planting season in order to allow planting to occur during the next planting season. .2 Maintenance Surety Required. Developers shall enter into a maintenance surety agreement with Mecklenburg County guaranteeing the viability of street trees and trees and shrubs planted in buffer yards for a period of 1 year following planting. The amount of the surety shall be equal to 50% of the value of the new trees or landscape material and their installation. The maintenance surety shall be provided when all of the required trees and shrubs have been planted. The developer/owner shall be held responsible for compliance with the provisions of this Article and shall cooperate with the town in its efforts to administer and enforce these requirements. Any act constituting a violation of this Article that results in the destruction, removal, or damage of trees, shrubs, and any vegetation, shall subject the landowner and the violator to a civil penalty in the amount of $2.00 for every square foot of area of damaged or destroyed vegetation, not to exceed $30,000, payable to the Town of Huntersville. In addition, any tree, shrub, or required vegetation that has been removed or destroyed shall be replaced in accordance with an approved re-vegetation plan. Section 11.2, Enforcement, shall also apply except for the amount of the penalty and time period of Section 11.2(3)(g). A warning citation or notice shall be issued and destruction and removal shall cease immediately. If the offender fails to pay the civil penalties within ten (10) days after having been cited, the Town may recover the penalties in a civil action in the nature of dept. Back to Zoning Table of Contents Article 7. Part B: Urban Open Space7.10 Urban Open Space .1 Urban Open Space is defined as all areas not divided into private or civic building lots, streets, right-of-way, parking or easements for purposes other than open space conservation. .2 Urban Open Space shall be planned and improved, accessible and usable by persons living nearby. Improved shall mean cleared of underbrush and debris and may contain one or more of the following improvements: landscaping, walls, fences, walks, statues, fountains, ball fields, and/or playground equipment. Walls and fences shall be made of brick, stone, wrought iron, or wood and shall not exceed 3.5 ft. in height. (Exceptions: fences used in conjunction with ball fields.) Urban Open Space shall conform to one of the Urban Open Space types described in this section, or to a minor variation of same. .3 In major subdivisions and multi-building developments in all zoning districts except Rural, urban open space shall be integrated into the design of the site. Such open space, whether on-site or off-site, shall be located within ¼ mile of each building lot as measured along the rights-of-way of streets providing access between the two. In large-lot subdivisions such urban open space shall be integrated into the design of the site so that, whether located on-site or off-site, such open space is located within ½ mile of all building lots, as measured along the rights-of-way of street providing access between the two. .4 Urban Open Space features should provide focal points for the neighborhood. A central square or green, for example, may comprise a majority of the open space. There should be a hierarchy of open space within new neighborhoods to serve the needs of all residents. .5 Urban Open Space types includes Squares, Parks, Forecourts, Plazas, Parkways and Greenbelts that are characterized as described below.
Squares Parks
Forecourt Plaza
Parkways Greenbelts
7.11 Natural Recreational and Agricultural Open Space Purpose
.1 The purposes of natural recreational and agricultural open space is to preserve agricultural and forestry lands, natural and cultural features, and rural character that would likely be lost through conventional development approaches. To accomplish this goal, greater flexibility and creativity in design of such developments is encouraged. Specific objectives are as follows:
7.12 Location of Natural, Recreational and Agricultural Open Space. .1 The location of open space conserved through compact residential development shall be consistent with the policies contained in these provisions and other long range documents adopted by the Town of Huntersville. All lands within areas required to be maintained as open space shall be protected by a permanent conservation easement, prohibiting further development, and setting other standards safeguarding the site's special resources from negative changes. .2 Lands to be preserved as open space should include wetlands; floodways; soils unsuitable for septic systems as identified by onsite analysis or by using the USDA Soil Conservation Survey; mature woodlands; significant wildlife habitat; prime agricultural farmland; historic, archeological and cultural features listed (or eligible to be listed) on national, state or local registers or inventories; significant views into and out from the site; and aquifers and their recharge areas. .3 General Locational Standards: Subdivisions shall be designed around the total required open space. The design process should therefore commence with the delineation of all potential open space, after which potential house sites are located. Following that, access road alignments are identified, with lot lines being drawn in as the final step. .4 Open space shall be placed in undivided preserves, which may adjoin housing areas that have been designed more compactly to create larger areas that may be enjoyed equally by all residents of the development. .5 Undivided open space shall be directly accessible to the largest practicable number of lots within the development. To achieve this, the majority of houselots should abut undivided open space in order to provide direct views and access. Safe and convenient pedestrian access to the open space from all lots not adjoining the open space shall be provided (except in the case of farmland, or other resource areas vulnerable to trampling damage or human disturbance). Where the undivided open space is designated as separate, non-contiguous parcels, no parcel should have a length-to-width ratio in excess of 4:1, except such areas that are specifically designed as village greens, ballfields, upland buffers to wetlands, waterbodies or watercourses, or designed as trail links. .6 Interconnected Open Space Network: As these policies are implemented, the protected open space in each new subdivision will eventually adjoin each other, ultimately forming an inter-connected network of open across the town and adjoining communities. To avoid the issue of the "taking of land without compensation", the only elements of this network that would necessarily be open to the public are those lands that have been required to be dedicated for public use. .1 In evaluating the layout of lots and open space, the following criteria will be considered by the town as indicating design appropriate to the site's natural, historic, and cultural features, and meeting the purposes of this ordinance. Diversity and originality in lot layout shall be encouraged to achieve the best possible relationship between development and conservation areas. Accordingly, the town shall evaluate proposals to determine whether the proposed subdivision plan:
7.14 Ownership of Open Space. .1 Open space may be owned or administered by one or a combination of the following methods: fee simple ownership by a unit of government or private non-profit land conservancy; owned by a homeowners association; or by individual private ownership such as a farmer, developer or other private entity that maintains the open space (i.e. farming, equestrian facility, etc.). |
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