Section 30.6. Landscape standards.

30.6.1 Purpose.

The City of Statesville in a proactive response to the marked increase in development seeks to positively impact the economy, to protect the natural resources of the community, and to provide aesthetic characteristics that will collectively improve the quality of life.

The purpose of establishing these standards is to encourage landscape development and preservation of the existing forest canopy that characterizes Statesville as a unique place by enhancing its natural beauty and maintaining a livable environment.

30.6.2 Definitions.

The following definitions shall apply to the regulation and control of landscaping within this ordinance:

(a) Bufferyard: the required installation of landscaping and screening materials between adjacent properties along the periphery of the property.

(1) Type A: A planting strip having a minimum width of 8 (eight) feet which is intended to separate uses, provide vegetation in densely developed areas, and enhance the appearance of individual properties.

(2) Type B: A low density screen having a minimum width of 10 (ten) feet which is intended to partially block visual contact between zoning classifications and create spatial separation.

(3) Type C: A medium density screen having a minimum width of 15 (fifteen) feet which is intended to partially block visual contact between zoning classifications and create spatial separation.

(4) Type D: A medium-high density screen having a minimum width of twenty (20) feet which is intended to partially block visual contact between zoning classifications and create spatial separation.

(5) Type E: A high density screen having a minimum width of twenty-five (25) feet which is intended to substantially block visual contact between zoning classifications, create spatial separation, and reduce lighting and noise that would otherwise intrude upon adjacent zoning classifications.

(6) Type F: A very high density screen having a minimum width of thirty (30) feet which is intended to substantially block visual contact between zoning classifications, create spatial separation, and reduce lighting and noise that would otherwise intrude upon adjacent zoning classifications.

(b) Caliper: A standard trunk diameter measurement for nursery grown trees taken six (6) inches above the ground for up to and including four (4) inches in caliper size, and twelve (12) inches above the ground for larger sizes.

(c) Critical root zone (CRZ): A circular region measured outward from a tree trunk representing the essential area of the roots that must be maintained in order for the tree's survival. The critical root zone is one (1) foot of radial distance for every inch of tree DBH, with a minimum of eight (8) feet.

(d) Diameter-at-breast-height (DBH): The tree trunk diameter measured in inches at a height of four and one-half (4 1/2) feet above the ground.

(e) Dripline: An imaginary vertical line extending from the outermost edge of the tree canopy or shrub branch to the ground.

(f) Grading permit: An erosion/sedimentation control permit issued by the North Carolina Department of Environment and Natural Resources (DENR) permit will be accepted in lieu of a city permit.

(g) Group development: Land under unified control to be developed either as a whole in a single development operation or a programmed series of development operations. (Further defined as "planned development" in Zoning Ordinance definitions section 10.4.2.)

(h) Planting bed: The area prepared for the purpose of accommodating the planting of trees, shrubs, and other plant material.

(i) Shrub: An upright plant for ornamental or screening purposes.

(1) Large: Ten (10) feet to twenty (20) feet in height at maturity.

(2) Medium: Five (5) feet to ten (10) feet in height at maturity.

(3) Small: Less than five (5) feet in height at maturity.

(j) Street yard: A planting area parallel to a public street designed to provide continuity of vegetation adjacent to the right-of-way and to soften the impact of development by reducing glare, reflective and visual clutter.

(k) Technical review committee (TRC): A committee of city staff members including the city arborist/horticulturist, designated by the director of planning, to review and approve plans submitted for methods of compliance.

(l) Tree topping: An unacceptable method of pruning which involves the cutting of limbs back to a stub, bud, or a lateral branch not large enough to assume the terminal role and causes decay and sprout production from the cut ends, resulting in a potentially hazardous situation. Tree topping is also referred to as heading, stubbing, tipping or rounding off.

(m) Tree: An upright plant for shade, screening, or aesthetic purposes such as flowers, interesting bark, or fall foliage.

(1) Ornamental: Small to medium, growing fifteen (15) feet to forty (40) feet in height at maturity.

(2) Shade: Large, growing to over forty (40) feet in height at maturity.

(n) Wetlands: Lands and waters that come under the jurisdictional control of the U.S. Army Corps of Engineers, the US Fish and Wildlife Service, and the US Environmental Protection Agency.

30.6.3 Applicability.

This ordinance shall apply to all property owners/developers proposing new or expanded developments. Zoning clearances for development or construction are required with the following exemptions:

(a] If there is no change in the existing use of the property and/or no change in the number of parking spaces.

(b) Single-family and two-family residential dwellings on single lots.

(c) Central Business District properties inbound of Front, Meeting, Water, and Tradd streets (excepting parking lots) are exempt from this ordinance.

(d) Existing individual lots that have a shape or size that would create a hardship for the owner in that the full and strict compliance with this ordinance would prevent otherwise allowable development from being developed for the zone uses, may request consideration for alternative compliance.

30.6.4 Landscape development process.

The landscaping development process shall begin when the developer/owner meets with the planning department staff. Staff shall explain process, submission requirements, fees and review and public hearing schedule, if required. Steps shall be completed in the following order:

(a) A meeting between the staff and developer/owner shall be held to initiate dialogue relative to the development and to ensure the compliance with this and other relevant ordinances. This meeting shall take place prior to any land disturbing activity, including defoliation of the property. A written authorization to proceed, issued by the staff, will be required prior to land disturbing activities.

(b) Developer/owner shall submit completed code compliant documents, including a tree/landscaping assessment, landscape site plan and a grading/erosion control plan (a copy of the DENR permit shall suffice) for review by the TRC.

(c) Staff and TRC shall review submissions per TRC schedule. If code requirements and documents are complete and in compliance, zoning clearances for grading and building permits shall be prepared if approval by planning board and city council are not required.

(d) Developer/owner shall apply for grading and building permits.

(e) Following completion of the development project, developer/owner shall request a zoning compliance final construction inspection to obtain a certificate of occupancy. A permanent certificate of occupancy for the development shall not be issued unless the landscaping required under this section is installed in accordance with these standards and in accordance with the approved landscape site plan. See section 30.6.9, alternative methods of compliance.

(f) Health and vigor of planting materials shall be assured with a follow-up landscaping inspection by staff no later than twelve (12) months following the issuance of the certificate of occupancy.

30.6.5 Grading standards for stream and wetland protection.

(a) For requirements regarding soil erosion, storm drainage control, retention and/or detention, contact the North Carolina Department of Environment and Natural Resources (DENR).

(b) An undisturbed, natural buffer shall be maintained along each perennial stream within the planning jurisdiction. The minimum buffer width shall be fifty (50) feet as measured twenty-five (25) feet on each side from the center of the stream (U.S.G.S. Blue Line).

(c) No land-disturbing activities shall take place within a stream buffer or delineated wetland area, except for required streets and associated facilities, utility mains and easements, and/or greenways and pedestrian paths. Roads and golf courses may cross a buffer, provided they do not cross at an angle of less than sixty (60) degrees.

30.6.6 Tree/landscaping assessment, preservation credits, tree/root preservation process.

Identification of existing trees and topographical features on a site prior to the advanced preparation of development plans enables planned preservation of existing vegetation while considering unique site conditions. A tree/landscaping assessment is intended to identify forest stands or trees of a uniform size and species, specimen trees of varying sizes and species (particularly free standing or open-grown or field-grown trees) and/or a distinctive tree line or forest edge.

Tree/landscaping assessment drawing:

(a) The area in which to locate trees shall be within the proposed site and extend twenty-five (25) feet beyond the property lines.

(b) Provide a general written description on the drawing of the significant vegetation twelve (12) inches DBH or greater. Briefly describe the uniform size and height of trees including the typical tree species and spacing between trees.

(c) Show the dripline and general species of any existing forest stand with tree trunks six (6) inches DBH or greater located at the edge of the stand.

(d) Locate, show the dripline, and label species of all free standing, open grown, or field grown specimen trees twelve (12) inches at DBH or greater located on the site.

(e) Show all other important natural features influencing site design such as the location of wetlands, rock outcroppings, site topography at two-foot contour intervals, slopes steeper than five (5) percent, perennial streams, natural drainage ways, lakes, and other water bodies.

(f) Provide a brief statement of the reasons for tree removal (age of tree, tree damaged or diseased, location of building, driveways, etc.)

Preservation credits:

(a) Upon approval by the planning department, credits for existing trees within bufferyards, street yards and parking lots will be accrued according to Table 3.

(b) Minimum size requirement to qualify for tree preservation is two and one-half (2 1/2) inches diameter at DBH.

(c) Should any tree designated for preservation in the tree preservation plan die at any time after approval of the plan or issuance of a certificate of occupancy, the owner shall replace sufficient plant material equal to the tree preservation credit within one hundred eighty (180) days. The replacement tree shall meet the requirements of section 30.6.8, Landscape specifications.

Tree and root preservation process:

(a) Tree and root preservation shall be incorporated as part of the landscaping site plan.

(b) Prior to the start of development activities, the owner shall be responsible for the erection of tree and root protection fencing and associated protective measures.

(c) Sturdy and visible fencing shall be constructed from materials substantial enough to protect the roots, trunk, and crown of the tree before clearing and grading begins.

(d) The location for tree protection fencing shall be approved by TRC based upon the tree/landscaping assessment and cannot be removed until after all development activities are completed. Fencing shall be placed at a minimum of two (2) feet from the outside of the tree dripline.

(e) No soil disturbance or compaction, stock piling of soil or other construction materials, vehicular traffic, or parking or storage of heavy equipment are allowed within the CRZ of trees to be preserved.

(f) Root pruning shall be kept to an absolute minimum using approved ANSI standards.

(g) Topping of trees is prohibited. Pruning of existing vegetation shall be completed in accordance with current standards of the American National Standards Institute (ANSI).

30.6.7 Landscape site plan submittal requirements.

The landscaping site plan shall be drawn on the same scale as development site plan, contain a north arrow, define necessary interpretive legends, and include the following:

(a) Location of bufferyards, street yard, and parking lot landscaping.

(b) Location of any proposed buildings, parking and traffic patterns, walkways and public sidewalks, irrigation systems, signage, and connections to existing streets or adjacent lots.

(c) Location of overhead and underground utilities.

(d) Location and description of landscape improvements such as earth berms, walls, fences, screens, sculptures, fountains, street furniture, lights, and courtyards or paved areas.

(e) Streams, wetlands, and required buffers.

(f) Zoning designation and use of adjacent properties.

(g) Location, type, and quantity of existing plant materials to be preserved and location of tree protection fencing (if applicable).

(h) Plant lists with botanical name, common name, quantity, and size of all proposed landscape material.

(i) Planting and installation details to ensure conformance with all required American National Standards Institute (ANSI) standards.

30.6.8 Landscaping/design specifications.

(a) Plant materials must be selected from an approved species list prepared by the city arborist/horticulturist and conform to the requirements described in the latest edition of American Standard for Nursery Stock. Use of native plant material is encouraged. No synthetic plants shall be used to satisfy the requirements.

(b) Planting standards for bufferyards and street yards are based on the minimum requirements per one hundred (100) linear feet. All fractional plant unit requirements resulting from linear calculations shall be rounded up to the nearest whole plant unit.

(c) Shade trees shall be a minimum of two and one-half (2 1/2) inches in caliper at time of planting.

(d) Ornamental trees must be a minimum of eight (8) feet in height (from top of root ball to top of tree) at the time of planting.

(e) Shrubbery shall be a minimum of three (3) gallons in size at time of planting.

(f) No plant materials shall be installed within an underground or overhead utility easement or a drainage easement or be located in the proximity of meters, switches, equipment panels, covers, boxes, equipment, etc. associated with utilities or safety equipment without prior approval of the director of public works and the easement holder at the time of the landscape site plan approval.

(g) Developer/owner shall furnish and ensure that all plant materials listed on the landscape site plan are installed to adequately create a proper growing environment for plant material. This would include the location of material, planting, proximity to building and other plant material allowing for air, light, water, growth at maturity, etc. Plant beds shall be mulched and watered to ensure survival and growth of plant material.

(h) It shall be the responsibility of the property owner and/or tenant to maintain and ensure the survival of plant material in perpetuity. Such maintenance shall include all actions necessary to keep the landscaped areas free of liter and debris and to keep plantings healthy and orderly in appearance. Dead plant material must be replaced by the property owner and/or tenant as soon as practical, but in no case more than one hundred eighty (180) days.

(i) Walkways shall feature adjoining landscaped areas.

(j) Walkways along front and sides of buildings facing street yards where impervious surface directly abuts building shall provide planting beds with a minimum width of three (3) feet for foundation landscaping, except where features such as arcades, awnings, entrances or entryways are part of the facade.

(k) Building setbacks (as listed in section 60.1.4) shall supersede landscaping requirements.

(l) Tree topping is prohibited. Trees, shrubs, or other plant material shall be pruned in accordance with American National Standards Institute (ANSI) standards.

(m) All planting areas subject to vehicular traffic shall be protected with barriers including, but not limited to, curbs, wheel stops, or walls. Wheel stops shall be used where curbing is not used or less than six (6) inches in height. Curbing and wheel stops shall be continuously maintained.

(n) Location of planting material outside shade of building: Where a building is located less than ten (10) feet from a property line, and the planting yard would be heavily shaded by buildings on both sides of the property line, the required trees and shrubs may be planted outside the shaded area to improve survivability.

30.6.9 Alternative methods of compliance.

(a) The arborist/horticulturist may approve an alternate landscape plan which proposes different plant materials or methods, provided that quality, effectiveness, durability, and performance are equivalent to that required by this ordinance. The plan must demonstrate how the alternate purposes and standards of this ordinance will be met by measures other than those found in the ordinance. Alternatives may be used where unreasonable or impractical situations would result from application of landscaping requirements or where necessary to protect existing vegetation.

(b) If plant materials are unavailable at time of installation or if weather conditions prohibit completion of the planting, the developer/owner may select one (1) of the following two (2) options:

(1) Request alternate selections from arborist/horticulturist providing there is no reduction in quantity of plant material, no significant change in size or location of plant materials, new plants are of the same general type, and plants have the same general design or characteristics (mature height, crown spread) as the materials being replaced.

(2) Submit a copy of a signed contract for purchase and installation of the required planting materials and post a surety bond equal to the amount of the contract. In no instance shall the surety bond be for a period greater than one hundred eighty (180) days. A surety bond will satisfy landscape requirements toward the issuance of a certificate of occupancy.

(c) If a taking of a right-of-way puts a property in noncompliance, the property shall come back into compliance as it was previous to the taking. If coming into compliance presents a hardship for the property owner, then the property owner may present an alternate method of compliance, if possible.

(d) If water is rationed or watering prohibited, the owner may request a deferment equal in time to the length of the city imposed prohibition.

30.6.10 Landscaping and design standards for bufferyards/fences.

(a) Bufferyard types are determined by zoning districts and use of adjacent properties.

(1) Table 1. determines the type of bufferyard that is required.

(2) Table 2. illustrates the required landscaping point system for bufferyard types A-F including the minimum yard width and type and quantity of plant material.

(b) Trees shall be equally distributed along the bufferyards to allow for pedestrian and vehicular cut throughs but not required to be at absolute equal intervals.

(c) Where properties abut an alleyway, the bufferyard requirement shall meet the buffer requirement for the zoning district on the other side of the alley.

(d) Where a vacant parcel is being developed adjacent to another vacant parcel, then the developer/owner or owner of the first parcel to be developed shall provide the landscaping required adjacent to the vacant land. Where a vacant parcel is being developed adjacent to an existing land use, then the developer/owner of the vacant parcel shall provide the landscaping required adjacent to the existing land use.

(e) In the case of a group development, the exterior boundaries of the land under unified control shall be initially landscaped according to the requirements of Table 2. The interior boundaries separating areas of development shall meet the requirements of Table 2 as areas are developed.

(f) Fences are permitted only where they are of uniform design, materials and construction. Fences shall be placed on the property to allow maintenance on site by the owner and shall be located behind street yards. Chain link fences located in non-industrial zones or industrial zones along street fronts shall be of dark earth-tone color (dark green or black). Public service facilities are exempt from fence restrictions.

30.6.11 Landscaping and design standards for street yards.

(a) Table 2 illustrates the required landscaping point system for street yards including the minimum yard width and type and quantity of plant material.

(b) Street yard size shall be a minimum of sixty-four (64) square feet.

(c) A minimum of thirty (30) percent of the total tree requirements for street yards shall be shade trees except in the case of a conflict with utility lines. Trees shall be equally distributed along the street frontage but not required to be at absolute equal intervals.

(d) No more than twenty (20) percent of the street yard may be used for walkways or signs.

(e) Parking, merchandise display and off-street loading are prohibited in the street yard.

(f) No tree or shrub shall be planted within the sight triangle and/or right-of-way without the prior approval of the director of public works.

30.6.12 Landscaping and design standards for parking lots.

(a) Table 2 illustrates the required landscaping point system for parking lots including the minimum planting bed width and type and quantity of plant material.

(b) Trees and shrubs planted within planting beds shall be set back a minimum of five (5) feet from the edge of the bed respective to vehicles parked perpendicular to the bed or a minimum of four (4) feet respective to vehicles parked parallel to the bed.

(c) A minimum of fifty (50) percent of the total tree requirements for parking lots shall be shade trees.

(d) Required trees shall be located within or adjacent to parking lots in tree islands, medians, ends of parking bays, traffic delineators, or between rows or parking spaces in a manner such that no parking space is located more than sixty (60) feet from a parking lot tree. Exceptions to this standard regarding tree preservation credit shall be determined by the arborist/horticulturist.

(e) Trees located within bufferyards or street yards cannot be credited toward parking lot requirements.

(f) Planting beds shall be a minimum of eighty-one (81) square feet. Minimum inside width of planting beds (excluding curb) shall be ten (10) feet for beds perpendicular to parking spaces and eight (8) feet for beds parallel to parking spaces.

Reduced parking requirements. The minimum number of required parking spaces (in a lot of thirty (30) or more) may be reduced by as much as ten (10) percent if fifty (50) percent of the reduced area is used for parking lot landscaping. Bonus landscaping area for reduced parking spaces shall apply to industrial, commercial, and office/institutional districts only.

Existing parking lot compliance. If an existing parking lot (paved or unpaved) is expanded or improved to add twelve (12) or more spaces, it shall comply with the parking lot requirements within the expanded or improved portion. In addition, existing parking lot landscaping shall be upgraded to comply at the same percentage as the percentage of increased space.

30.6.13 Landscaping and design standards for residential subdivisions.

(a) Street yard trees shall be planted parallel to the street within ten (10) feet of the right-of-way or property line. All trees required under this section shall be planted within the private lot.

(b) In addition to street yard requirements, each lot shall provide shade trees in accordance with the following schedule:

30.6.14 Zoning change.

If the zoning district classification changes for an existing use or parcel, then the parcel shall come into compliance with the landscaping requirements of this ordinance. The developer/owner may need to install additional plant material on the parcel, especially on developed sites, to bring the parcel up to the standards for the landscaping required under this ordinance.

30.6.15 Appeals and penalties.

(a) Any person affected by any decision of the planning director or horticulturist/arborist relating to the application of these regulations may appeal to the board of adjustments for a variance.

(b) Any act constituting a violation of these standards shall subject the property owner to a civil penalty as outlined in City Code section 1-7, general penalty.

(c) Each individual deficit shall constitute a separate, daily and continuing violation.

(d) The owner and/or tenant of any property wherein a violation exists, and any builder, contractor and/or agent who may have assisted in the commission of any such violation, shall be guilty of a separate offense.

(e) A non-monetary penalty, in the form of increased or additional planting requirements may be assessed in addition to or in lieu of any monetary penalties prescribed under this section.

Table 1. Bufferyards

Table 2. Required Landscaping Point System

POINTS:
Shade Tree: 12
Ornamental Tree: 6
Large Shrub: 3
Medium Shrub: 2
Small Shrub: 1

* A minimum of fifty (50) percent of the total tree requirements for street yards and parking lots shall be shade trees except in the case of a conflict with utilities.

Table 3. Preservation Credit

Section 30.7. Bufferyard requirements.

30.7.1 Purpose.

The purpose of these requirements is to minimize the negative impacts of more intensive land uses on adjacent uses of lower intensity.

30.7.2 Applicability.

The provisions of this ordinance shall apply where required by the zoning ordinance: generally within use district regulations or as conditions of an officially adopted small area plan.

For the purpose of this ordinance, a "bufferyard" shall be considered a unit of yard and attendant plantings and structures required thereon.

30.7.3 Location.

Bufferyards shall be located on the periphery of the subject lot or tract (except front yard) when such lot or tract zoned and used for nonresidential purposes abuts or adjoins any residential zone.

30.7.4 Responsibility.

Bufferyards shall be planted and maintained in perpetuity by the initial developer, and following property transfer, by subsequent owners of the subject property as required by provisions of the zoning ordinance.

30.7.5 Bufferyard requirements.

Table 1 lists requirements for the various types of bufferyards and their development options. A graphic depiction of each bufferyard and its development options is provided at scale which indicates the projected density of plantings five (5) years after installation.

Planting standards are based on the minimum requirements per one hundred (100) linear feet. All fractional plant unit requirements resulting from linear calculations shall be rounded up to the nearest whole plant unit.

All bufferyards shall be seeded with lawn or mulch unless adequate alternative ground cover is already established.

Plant unit requirements are listed for "deciduous canopy trees", "understory trees", and "shrubs". Appendix A lists recommended and representative species for each of these categories, such appendix to be housed in the department of planning and development.

30.7.6 Substitutions.

Evergreen canopy trees may be substituted for up to one-half ( 1/2) of the required deciduous canopy trees.

Evergreen understory trees and shrubs may be substituted for required understory trees and shrubs without limitation.

If solar access is endangered by bufferyard requirements, understory trees may be substituted for required canopy trees in affected yards with an agreement signed by the owner of the subject property and by owners of all affected properties. A copy of this agreement shall be filed with the department of planning and development.

30.7.7 Minimum plant size.

All plant units shall meet the following minimum size requirements at time of planting:

30.7.8 Use of bufferyards.

Bufferyards may be used for passive recreation activities including pedestrian, bicycle and greenway trails provided that all planting and structure requirements are met.

Parking, peripheral drives, and public vehicular access shall not be allowed within bufferyard areas.

30.7.9 Enforcement.

Bufferyard requirements listed within use district and/or overlay zone and/or conditional use zone regulations are subject to the enforcement mechanisms of the zoning ordinance including the civil citation procedure.

In order to secure a building permit, the developer must:

(a) Submit and secure staff approval of a planting/structural improvement plan within the department of planning and development for property subject to bufferyard requirements.

(b) The developer must have the approved buffer in place prior to the issuance of a certificate of occupancy or one hundred eighty (180) days from the issuance of a building permit, whichever comes first.

Table 1. Bufferyard requirements (per 100 linear feet)

*1 A six foot fence may be substituted for the required planting strip.

30.7.10 Buffer application by zoning district.

The following list depicts all district zones in the zoning jurisdiction of the City of Statesville with the required bufferyard category. Conditional use and special use permits may be subjected to the buffer requirements pending planning board and city council action, regardless of the abutting or adjoining zoning district.