A. 
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 between different zoning districts of any future use on neighboring uses.
B. 
The "bufferyard" is a combination of setback and a visual buffer or barrier and is a yard or area, together with the planting required thereon. Both the amount of land and the type and amount of planting specified for each bufferyard requirement of this chapter are specified and are designed to ameliorate nuisances between adjacent zoning districts to ensure a desired character along public streets and roads.
C. 
Bufferyards shall be required to separate different zoning districts from each other in order to eliminate or minimize potential nuisances such as dirt, litter, noise, glare of lights, signs, and unsightly buildings or parking areas, or to provide spacing to reduce adverse impacts of noise, odor, or danger from fires or explosions. Mature woodlands are considered the best buffers and should be used whenever possible.
Bufferyards shall be located on the outer perimeter of a lot or parcel, extending to the lot or parcel boundary line. Bufferyards shall not be located on any portion of an existing or dedicated public or private street or right-of-way. Bufferyards shall not be located within a yard required in a single-family attached (townhouse) development or planned unit development.
To determine the type of bufferyard required on a parcel or between two parcels or between a parcel and a street, the following procedure shall be used:
A. 
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.
B. 
Determine whether the land on the adjoining property is vacant or developed or whether a plat of the subdivision has been approved.
C. 
Classify any street adjacent to the proposed use as a local, collector, or arterial street.
D. 
Determine the bufferyard required on each boundary (or segment thereof) of the subject parcel by referring to the Tables of Required Bufferyards (see § 440-1805).
E. 
Determine if the proposed development is a use which has bufferyards required to separate that use from certain uses, then determine the bufferyard required between such uses by referring to the Tables of Required Bufferyards (see § 440-1805).
A. 
When a proposed use adjoins a vacant parcel for which a bufferyard is required by the presence of a zoning boundary, that use shall at the time of development provide 0.5 of the buffer which is required by the Tables of Required Bufferyards.
B. 
The second use to develop shall, at the time it develops, provide all additional plant material and/or land necessary to provide the total bufferyard required between those two uses. If the adjoining use had developed without a bufferyard, the second use will be responsible for installing the total bufferyard.
C. 
Existing plant material and/or land located on the preexisting (first-developed) land use which meets the requirements of this chapter may be counted as contributing to the total bufferyard required between it and the second (adjacent) land use to develop.
Table of Required Bufferyards Between Adjacent Zoning Districts — Table 1805A
R-1
R-2
RM
TCMX
Public-Institutional
OS
GC
R-1
—
B*
C*
D
D
—
D
R-2
B*
—
C*
D
D
—
D
RM
C*
C*
—
C
C
C
D
TCMX
D
D
C
—
C
C
C
Public-Institutional
D
D
C
C
—
C
C
OS
—
—
—
C
C
—
C
GC
D
D
D
D
D
D
—
*
Bufferyards only required between single-family attached and multifamily and single-family detached homes.
—
Indicates bufferyards either not required or not applicable.
Table of Required Street Buffers
Table 1805B
Zoning Districts
Functional Street Classification
Arterial
Collector
Local
R-1, R-2
D
C
B
RM
C
B
B
TCMX, GC
A
A
A
Public-Institutional
C
B
A
OS
D
C
B
Illustrations graphically indicating the specification of each bufferyard are contained in Appendix F.[1]
[1]
Editor's Note: Appendix F is included as an attachment to this chapter.
A bufferyard may be used for passive recreation or stormwater management. It may contain pedestrian, bike, or equestrian trails, provided that no plant material is eliminated, the total width of the bufferyard is maintained, and all other regulations of this chapter are met. In no event, however, shall swimming pools, tennis courts or other such uses be permitted in bufferyards. 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 or that the bufferyard is incompatible with the existing streetscape. The bufferyard shall remain in perpetuity.
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:
A. 
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 this section.
B. 
The existing use may enter into agreements with abutting landowners to use its 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 all of the 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.
When a land use is proposed adjacent to vacant land, and the owner of that vacant land enters into a written agreement 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 owner of the vacant land agrees to develop at no greater than a specified land use intensity class, and that the vacant landowner assumes all responsibility for additional buffer, if needed by the vacant landowner's subsequent development of a less intense use than had been agreed upon.
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, 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 declares that it is not only desirable but essential to the health, safety, and welfare of all persons living or working within the Town 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 the public street standards set forth in Chapter 387, Subdivision of Land, the developer shall, at a minimum, 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 35 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. When trees are planted by the developer pursuant to this section, the developer shall choose trees that meet the standards set forth in Appendix E.[1]
[1]
Editor's Note: Appendix E is included as an attachment to this chapter.
A. 
Every development shall retain all existing trees 15 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 drip line of any tree 18 inches in diameter or more, and no impervious 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 "drip line" 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 Subsection A or B and, as a result, the parking requirements set forth in Article XVII 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 XVII 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, the developer shall choose trees that meet the standards set forth in Appendix E.
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 three feet six inches.