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Town of Dagsboro, DE
Sussex County
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Table of Contents
Table of Contents
A bufferyard is a combination of a setback and a visual buffer or barrier, and is a yard or area together with the planting and/or structure required thereon. Both the amount of land and the type and amount of planting specified for each bufferyard requirement are designed to ameliorate potential adverse impact between certain adjacent land uses, such as a single-family residence and a retail business.
The bufferyard is designed to ameliorate any potential adverse impact between adjacent land uses and streets, and promote land use compatibility, and to provide visually attractive screening of parking areas in development visible from a public right-of-way, while providing adequate visibility.
Bufferyards shall be required for any new use or substantially expanded use of over 50% of existing gross floor area that requires the issuance of a building permit, in accordance with the following Table 1 and "Bufferyard Illustrations."
Table 1: Bufferyard Requirements
Adjacent Existing Use
(type of bufferyard required)
Proposed
Use
Agriculture
Single
Family
Multi
Family
Institu-
tional
Town Center Commer-
cial
Highway
Commer-
cial
Industrial
Agriculture
None
2
2
1
2
2
2
Single-family residential
2
None
2
3
3
3
4
Multifamily residential
2
None
None
3
3
4
5
Institutional
1
2
3
None
2
2
4
Town Center Commercial
2
3
3
2
None
2
4
Highway Commercial
2
4
4
3
2
None
3
Industrial
2
5A
5A
3
3
3
None
From Table 1, match the abutting use with the proposed new or expanded use to determine the type of bufferyard required. Should a question arise as to the land use classification of a proposed or abutting use, the Building Official shall determine the classification. Next, refer to Bufferyard Illustrations to determine the amount of buffeyard required. The requirements are given in one-hundred-foot-length units as measured along the property line. Whenever a wall or fence is required, the location of the structure may be on either side of the required bufferyard.
Existing vegetation, including all trees of any dimension, shall be retained to the extent practical and feasible. In no event shall a developer clear-cut the site of a required bufferyard. The owner/developer shall conduct an existing tree inventory, identifying the location, species, and diameter at 18 inches' height above grade of all trees in the bufferyard, and complement the presence of such trees with appropriate shrubs and other vegetation to meet all requirements of this article.
To achieve the desired results, 75% of all required plantings shall be coniferous (evergreen) plants and suitable for local conditions. When structures are used, the materials shall be durable and suitable for screening.
The minimum tree at planting shall be five feet to six feet in height and 1 1/2 inches in diameter at a height of 18 inches above the ground. The minimum shrub shall be two feet in height. Both trees and shrubs shall be nursery stock with well-developed root systems unless plants found in place can be used. If the existing vegetation provides a screen equal to or greater than that which would be planted, no other plant material shall be required. In case of wooded landscaping, an additional planting of native shrubs such as holly shall be required to improve screening.
The following substitutions for opaque walls, fences, and plant materials may be made:
A. 
A combination of graded berms and planting materials may be used to compensate for fences. Berms shall be graded to an elevation to be approved by the Building Official.
B. 
Any existing plant material that otherwise satisfies the requirements of this article may be substituted and counted toward satisfying the requirements of this article.
All fences and walls used as part of the bufferyard requirement must have the finished side facing outward. Fences shall be wooden or other durable or opaque material approved by the Building Official. Wooden fences should be made of rot-resistant material such as locust, cedar, or redwood. If made of pine, the post shall be rated for soil contact and the boards rated for outside use. Chain-link fences with wood, plastic, or metal strips are prohibited. A chain-link fence is acceptable, provided an evergreen hedge is planted on the external side of the fence. Walls must be made of masonry materials, including poured concrete, concrete block covered with stucco, brick, stone, or stone face.
It shall be the responsibility of the owner/developer to provide the bufferyard where required by this chapter. No new individual detached single-family dwelling or duplex constructed on lots of record prior to the adoption of this article shall be required to provide such bufferyards.
The maintenance of required bufferyards shall be the responsibility of the owner, developer or the homeowners' association or condominium council, as designated in the development documents. All such areas shall be properly maintained so as to ensure continued buffering. All planted areas shall be provided with a readily available water supply or irrigation to ensure continuous healthy growth and development. Dead trees shall be removed; debris and litter shall be cleaned; and berms, fences, and walls shall be maintained at all times. Failure to do so is a violation of this chapter and may be remedied in the manner prescribed for other violations.
A bufferyard may be used for passive recreation and may be interrupted by access driveways not exceeding 16 feet in width. Exceptions for uses requiring wide curb cuts may be approved by the Building Official. All other uses are prohibited, including off-street parking.
Bufferyards shall not obscure a clear line of sight for vehicular traffic. Bufferyards shall be placed no closer than 20 feet to street/road right-of-way lines.