Fences, hedges, berms and screen plantings shall
be permitted or, alternatively, shall be required as provided in this
article.
Buffers, berms and screen plantings shall be
provided as required in § 161-33 of the Subdivision Ordinance
of the Town of Gates.
A. A buffer area of at least 25 feet shall be provided
along the boundary line between any residential district and an NB
or BN-R District. The same buffer area shall be provided along all
boundaries between any R District and an MR District.
B. A buffer area of at least 100 feet shall be provided
along the boundary of any R, MR, NB or BN-R District and a GB, LI
or GI District.
C. Such areas shall contain screen plantings of trees, hedges, shrubs,
etc., to provide an immediate visual and sound buffer between the
different districts.
[Amended 5-6-2019 by L.L.
No. 1-2019]
D. The buffer areas shall be exclusive of any building
setback requirements that may be stated in this chapter.
E. Where one district is developed along its boundary
and the other is not, the provision of the buffer area will be the
responsibility of the latter property owner, lessee, etc., when the
property is developed.
F. Where properties abutting each other in adjacent districts
are both undeveloped, the provision of the buffer shall be a mutual
undertaking by both owners. Each will provide 1/2 the required buffer
when the property is developed, or the more permissive zone will provide
the entire buffer area, which will be completely developed no later
than the start of development on the adjacent property.
G. Where districts are separated by or are designated
as bounding each other within expressway property, no buffer area
need be required. Where district boundaries follow center lines of
other roads and/or rail lines, the distance from the zoning district
boundary line to the subject property line shall be subtracted from
the buffer area requirement, except where this would result in the
elimination of a buffer requirement, there shall be at least a ten-foot
planting strip to act as a screen, provided in accordance with the
requirements for buffers.