The provisions of this section shall apply to all development in the Town exclusive of single-family dwellings.
A. 
Where natural or existing topographic patterns contribute to beauty and utility of development, they shall be preserved and developed. Modification to topography will be permitted where it contributes to good appearance.
B. 
Grades of walks, parking spaces, terraces, and other paved areas shall provide an inviting and stable appearance for walking and, if seating is provided, for sitting.
C. 
Landscape treatment shall be provided to enhance architectural features, strengthen vistas and important nodes, and provide shade. Spectator effects shall be reserved for special locations only.
D. 
Utility of design shall be achieved by repetition of certain plant varieties and other materials by correlation with adjacent developments.
E. 
Plant material shall be selected for interests in its structure, texture, and color, and ultimate growth. Plants that are indigenous to the area and others that will be hardy, harmonious to design, and of good appearance shall be used.
F. 
In locations where plants will be susceptible to injury by pedestrian or motor traffic, they shall be protected by appropriate tree guards, curbs, or other devices.
G. 
Parking areas and traffic ways shall be enhanced with landscaped spaces containing trees and bushes, or tree and bush groupings.
H. 
Where building sites limit planting, the placement of plant material in parkways or around paved areas is encouraged.
I. 
Screening of service yards or other places that tend to be unsightly shall be accomplished by use of walls, fencing and planting, or a combination of these. Screening shall be equally effective in winter and summer.
J. 
In areas where general plant material will not prosper, other materials such as fences, walls, and paving of wood, brick, stone, gravel, and cobbles shall be used. Carefully selected plants shall be combined with such materials where possible.
K. 
Exterior lighting, when used, shall enhance the building design and the adjoining landscape. Lighting standards and building fixtures shall be of a design and size compatible with the building and adjacent areas. Lighting shall be restrained in design and excessive brightness avoided. Article XXII of this chapter further defines the lighting requirements.
A. 
The Town finds that:
(1) 
Trees are proven producers of oxygen, a necessary element for human survival;
(2) 
Trees appreciably reduce the ever increasing environmentally dangerous carbon dioxide content of the air and play a vital role in purifying the air we breathe;
(3) 
Trees transpire considerable amounts of water each day and thereby purify the air much like the air-washer devices used on commercial air conditioning systems;
(4) 
Trees have an important role in neutralizing wastewater passing through the ground from the surface to groundwater tables and lower aquifers;
(5) 
Trees, through their root systems, stabilize the groundwater tables and play an important and effective part in soil conservation, erosion control, and flood control;
(6) 
Trees are an invaluable physical, aesthetic, and psychological counterpoint to the urban setting, making urban life more comfortable by providing shade and cooling the air and land, reducing noise levels and glare, and breaking the monotony of human developments on the land, particularly parking areas; and
(7) 
For the reasons indicated in Subsection A(6), trees have an important impact on the desirability of land and therefore on property values.
B. 
Based upon the findings set forth in Subsection A, the Town Council declares that it is not only desirable but essential to the health, safety, and welfare of all persons living or working within the Town's planning jurisdiction to protect certain existing trees and, under the circumstances set forth in this article, to require the planting of new trees in certain types of developments.
Along both sides of all newly created streets that are constructed in accordance with Chapter 73, Land Subdivision, the developer shall either plant or retain sufficient trees so that between the paved portion of the street and a line running parallel to and 50 feet from the center line of the street, there is for every 30 feet of street frontage at least an average of one deciduous tree that has, or will have when fully mature, a trunk at least 12 inches in diameter. Trees, when planted, shall have a caliper of at least 2.5 inches measured at 4.5 feet from ground level, and shall have no branches below six feet. All trees shall be properly staked at time of planting.
A. 
Every development shall retain all existing trees 18 inches in diameter or more unless the retention of such trees would unreasonably burden the development.
B. 
No excavation or other subsurface disturbance may be undertaken within the dripline of any tree 18 inches in diameter or more, and no lot coverage surface (including, but not limited to, paving or buildings) may be located within 12 1/2 feet (measured from the center of the trunk) of any tree 18 inches in diameter or more unless compliance with this subsection would unreasonably burden the development. For purposes of this subsection, a "dripline" is defined as a perimeter formed by the points farthest away from the trunk of a tree where precipitation falling from the branches of that tree lands on the ground.
C. 
The retention or protection of trees 18 inches in diameter or more as provided in Subsections A and B unreasonably burdens a development if, to accomplish such retention or protection, the desired location of improvements on a lot or the proposed activities on a lot would have to be substantially altered and such alteration would work an unreasonable hardship upon the developer.
D. 
If space that would otherwise be devoted to parking cannot be so used because of the requirements of Subsections A or B, and, as a result, the parking requirements set forth in this chapter cannot be satisfied, the number of required spaces may be reduced by the number of spaces lost because of the provisions of Subsections A and B, up to a maximum of 15% of the required spaces.
A. 
Vehicle accommodation areas that are required to be paved by Article XII must be shaded by deciduous trees (either retained or planted by the developer) that have, or will have when fully mature, a trunk at least 12 inches in diameter when trees are planted by the developer to satisfy the requirements of this subsection.
B. 
Each tree of the type described in Subsection A shall be presumed to shade a circular area having a radius of 15 feet, with the trunk of the tree as the center, and there must be sufficient trees so that, using this standard, 20% of the vehicle accommodation area will be shaded.
C. 
No paving may be placed within 12 1/2 feet (measured from the center of the trunk) of any tree retained to comply with Subsection A, and new trees planted to comply with Subsection A shall be located so that they are surrounded by at least 200 square feet of unpaved area.
D. 
Vehicle accommodation areas shall be laid out and detailed to prevent vehicles from striking trees. Vehicles will be presumed to have a body overhang of 3 1/2 feet.
A. 
Purpose.
(1) 
One of zoning's most important functions is the division of land uses into districts which have similar character and contain compatible uses. All uses permitted in any district have generally similar nuisance characteristics. Bufferyards will operate to minimize the negative impact of any future use on neighboring uses.
(2) 
The bufferyard is a combination of setback depth and landscaped screening. The width of the bufferyard in combination with the type and amount of plantings required are designed to effectively "separate" incompatible land uses at adjoining zoning district boundaries. Street bufferyards are required to preserve open space and landscaping along public streets and roads.
B. 
Location of bufferyards. Bufferyards shall be located on the outer perimeter of a lot or parcel which also forms a zoning district boundary, and along public roads and streets. However, bufferyards shall not be located on any portion of an existing or dedicated public or private street or right-of-way.
C. 
Determination of required bufferyard. To determine the type of bufferyard required on a lot or parcel, the following procedure shall be used:
(1) 
Identify whether any portion or property line of the site constitutes a zoning district boundary. If it does, determine the zoning on both sides of the property.
(2) 
Determine whether the land on the adjoining property is vacant or developed or whether a subdivision plat or site plan has been approved.
(3) 
Classify any street adjacent to the proposed use as a local access, collector, or arterial street.
(4) 
Determine the bufferyard required on each boundary (or segment thereof) of the subject parcel by referring to the tables of required bufferyards (Subsection E) and responsibilities for bufferyards (Subsection D).
D. 
Responsibility for bufferyards.
(1) 
Preexisting development is exempt from bufferyard requirements.
(2) 
When a new development is constructed along a public street or right-of-way, the developer shall install the required bufferyard as specified in the tables of Subsection E.
(3) 
When a new development, redevelopment or expansion of a development is constructed on a lot adjoining a zoning district boundary, the developer shall install 1/2 of the total required bufferyard if the land in the adjoining district is vacant. When the vacant parcel is subsequently developed, the developer of that parcel shall install the second half of the total required bufferyard.
(4) 
When a new development is constructed on a lot adjoining a zoning district boundary, the developer shall install the total required bufferyard if the land in the adjoining district has been previously developed without a bufferyard.
(5) 
Existing plant materials and/or land located on the preexisting development lot perimeter may be counted as contributing to the total bufferyard required between that lot and the adjoining developing lot.
E. 
Tables of required bufferyards.
Bufferyards Between Adjacent Districts
SR
TR
MR
GC
CBC
CM
RHC
I
MI
RA
RP
PN
SR
na
C1
na
na
C
E
E
na
E
A
C
TR
B1
D
C
C
E
E
na
E
A
na
MR
C
B
B
D
E
E
E
A
C
GC
na
C
na
C
na
na
B
na
CBC
na
na
na
na
na
A
na
CM
na
na
na
na
C
na
RHC
na
na
na
D
D
I
na
na
C
na
MI
na
C
na
RA
na
E
RP
C
PN
NOTES:
1
Bufferyards only required between single-family attached and multifamily/single-family detached homes.
na
Bufferyards either not required or not applicable (districts not contiguous or streets between).
Street Buffers
Zoning District
Street Functional Class
Major Arterial
Minor Arterial
Major Collector
Minor Collector
Local Access
SR
A
B
A
B
na
TR
A
B
A
B
na
MR
C
B
A
GC
na
na
na
na
na
CBC
na
na
na
na
na
CM
na
A
B
A
na
RHC
E
D
C
C
B
I
E
D
C
C
B
MI
na
na
na
na
B
RA
C
C
C
C
C
RP
E
E
D
D
A
PN
E
E
D
D
A
F. 
Bufferyard requirements. Illustrations in Appendix II at the end of this chapter graphically indicate the specification of each bufferyard.
G. 
Flexibility in administration required.
(1) 
The Planning Commission may allow substitution or reduction of the bufferyard if it finds that the required bufferyard will obstruct the view of a driver; the bufferyard is incompatible with the existing streetscape; or the bufferyard is unnecessary because the adjoining land uses are compatible without a, or with a smaller, bufferyard.
(2) 
The Planning Commission may require a greater bufferyard than stipulated in this chapter if it determines a larger bufferyard is required due to the extensiveness of the incompatibility between land uses. The Planning Commission may also require a bufferyard between incompatible land uses within the same zoning district if it is determined one is needed.
(3) 
Bufferyard requirements will be determined as part of the site plan and/or subdivision review process.
H. 
Ownership of bufferyards. Bufferyards may remain in the ownership of the original developer (and assigns) of a land use, or they may be subjected to deed restrictions and subsequently be freely conveyed, or they may be transferred to any consenting grantees, such as adjoining landowners, the Town of Denton, or a homeowners' association, provided that any such conveyance adequately guarantees the protection of the bufferyards for the purposes of this chapter.
I. 
Excess bufferyard. Where the bufferyard required between a land use and vacant land turns out to be greater than that bufferyard which is required between the first use and the subsequently developed use, the following options apply:
(1) 
The subsequent use may provide 1/2 of the buffer required by this section. The existing use may expand its use into the original buffer area, provided that the resulting total bufferyard between the two uses meets the bufferyard requirements of the section.
(2) 
The existing use may enter into agreements with abutting landowners to use the existing buffer to provide some or all of the required bufferyard of both land uses. The total buffer shall equal the requirements of this section. Provided that such an agreement can be negotiated, the initial use may provide the second use some or all of its required bufferyard and/or extra land on which it might develop. The existing use may reduce its excess buffer by transferring part or the entire excess buffer to the adjoining landowner to serve as its buffer. Any remaining excess buffer area may be used by the existing use for expansion of that use or for transfer by it to the adjoining landowner to expand that adjoining use.
J. 
Contractual reduction of bufferyards. When a land use is proposed adjacent to vacant land, and the owner of that vacant land enters into a contractual relationship with the owner of the land that is to be developed first, a reduced buffer may be provided by that first use, provided that the contract contains a statement by the owner of the vacant land of an intent to develop at no greater than a specified land use intensity class and an agreement by that vacant landowner to assume all responsibility for additional buffer, if needed by the subsequent development of a less intense use than had been agreed upon, is transferred to the owner of the vacant (second in time to be developed) land.
A. 
Perennial stream no-disturbance buffer.
(1) 
A one-hundred-foot natural buffer from all perennial streams shall be required for all development. Permanent or temporary stormwater and/or sediment control devices shall not be permitted in this buffer.
(2) 
This buffer requirement may be reduced to no less than 50 feet by the Planning Commission for the following:
(a) 
If evidence is provided that the design, construction and use of the site shall provide the same or better protection of water quality as the one-hundred-foot buffer, and if evidence is provided that said development will meet all other applicable requirements, as required.
(b) 
Road crossings, if disturbance is minimized.
(c) 
Other public or community facilities, provided disturbance is minimized in so far as possible.
B. 
Intermittent stream no-disturbance buffer.
(1) 
A fifty-foot buffer from all intermittent streams shall be required for all development. Permanent or temporary stormwater management and sediment control devices shall not be permitted in this buffer.
(2) 
This buffer requirement may be waived by the Planning Commission for the following:
(a) 
Road crossings, if disturbance is minimized.
(b) 
Other public or community facilities, provided disturbance is minimized in so far as possible.
C. 
Sensitive soil no-disturbance buffer. The one-hundred-foot perennial stream buffer shall be expanded to include contiguous one-hundred-year floodplains and nontidal wetlands. In addition, the one-hundred-foot perennial stream buffer shall be expanded to include hydric soils, highly erodible soils and soils on slopes greater than 15% that are contiguous with the perennial stream, any one-hundred-year floodplain adjacent to the stream, or any nontidal wetlands adjacent to the stream to a maximum distance of 300 feet.
D. 
Nontidal wetland buffer. A fifty-foot setback from all nontidal wetlands shall be required for all development around the extent of the delineated nontidal wetland except as permitted by the U.S. Army Corps of Engineers and the State of Maryland, Department of Natural Resources, Nontidal Wetlands Division.
E. 
Steep slopes.
[Amended 5-4-2017 by Ord. No. 686, effective 5-11-2017]
(1) 
No structure or impervious surface shall occur on any slope with a grade of 15% or more.
(2) 
For steep slopes intersecting a buffer, or other sensitive areas, the buffer shall be expanded in accordance with § 128-149C.
(3) 
Good engineering practices shall be used to ensure protection of steep slopes during and after disturbance activities.
F. 
Habitats of rare, threatened and endangered species. Development shall avoid these areas as described by the Maryland DNR, Natural Heritage Program. Proposed development projects shall be reviewed by the Maryland DNR. When a project is within a wildlife habitat (project review area), the developer is required to contact the Maryland Department of Natural Resource's Heritage and Biodiversity Conservation Program (HBCP).
G. 
Critical Area. Critical Area conservation standards shall be implemented according to Article VIII, Critical Area District, of this chapter and Chapter A129, Critical Area Program.
H. 
Forested areas: Forests shall be protected according to the requirements in Chapter 60, Forest Conservation, and in the Critical Area District (Article VIII of this chapter), § 128-41, Woodland reforestation and afforestation standards.