Town of Cary, North Carolina

Staff Report

08-ZV-150 Thoroughfare Corridor Buffer Revegetation Plan

03-SB-006-B Cameron Pond Subdivision Plan Amendment

Town Council Meeting

October 8, 2009

Speaker:

Bob Benfield, Principal Planner

From:

Jeffery G. Ulma, AICP, Director, Planning Department

Prepared by:

Bob Benfield, Principal Planner

Approved by:

Benjamin T. Shivar, Town Manager

REQUEST

Consideration of approval of (1) a revegetation plan and (2) a subdivision plan amendment to the previously approved Phases 1 and 2 of Cameron Pond Subdivision. The revegetation plan proposes to revegetate portions of the 100’ Thoroughfare Corridor Buffer that was cleared for the installation of an overhead power transmission line. The subdivision plan amendment modifies the original plans to show the existing 70-foot Progress Energy utility easement and the overhead power transmission line and to designate the nature and limits of such development in accordance with Land Development Ordinance (LDO).

Revegetation Plan Sheet 1
Revegetation Plan Sheet 2
Revegetation Plan Sheet 3
Revegetation Plan Sheet 4

Location

North and south of Carpenter Fire Station Road, and west of Cameron Pond Subdivision.

Within Town Limits

Yes

Cary, NC 27519

Within ETJ

N/A

Deeded Acreage

4.5 ac.+-

Existing Zoning District(s)

Planned Development District (PDD)

Existing Overlay District(s)

100’ wide Thoroughfare Corridor Buffer District

SCHEDULE

Date

Action

Planning And Zoning Board

July 20, 2009

08-ZV-150: The Planning Board recommended approval of the buffer revegetation plan. The vote of approval was 5 to 3.

03-SB-006-B: The Planning Board voted 4 to 4 to allow the 70-foot-wide utility easement and power transmission line to remain in the buffer.

Town Council Action

August 27, 2009

September 10, 2009

October 8, 2009

Removed from consideration until 9/10/09 to allow time for Town Council and public review.

The plan was tabled until September 24, 2009 to allow for Town Council and public review of new information.

The plan was removed from the September 24, 2009 agenda and scheduled for the October 8, 2009 Town Council meeting.

contact Information

Applicant

Impact/Cameron Pond, LLC

Agent

Jason A. Bertoncino, PE

140 Towerview Court

Withers & Ravenel, Inc.

Cary, NC 27513

111 MacKenan Drive

(919) 463-9940

Cary, NC 27511

JBertoncino@withersravenel.com

Staff Contact

Bob Benfield, Principal Planner

Town of Cary Planning Department

316 North Academy Street

Cary, NC 27513

(919) 469-4045

bob.benfield@townofcary.org

PROJECT UPDATE AND OVERVIEW

At the September meetings, Council postponed action on the revegetation plan to provide additional time for the applicant to submit a revised plan that will achieve an opaque buffer in a faster time-frame than the previous plan. Specifically, the applicant proposes a different type of evergreen tree in Phase I, reducing the tree spacing in Phase II, installing a drip irrigation system in both phases and providing an improved warranty period for all plantings. The following summarizes the most current plan:

• Random soil tests twice a year for the first three years to add whatever fertilizer mix is prescribed by a certified arborist based on the result of those soil tests;
• To add drip irrigation zones to water the trees planted (Applicant has requested fees be waived); and
• Replace anything that dies of natural causes each year during the first three years, excluding the Western Planting Row.

Staff has evaluated the applicant’s revised plan and believes it improves the vegetation’s ability to achieve an opaque screen in a faster time frame than the previous plan. Staff recommends approval of the plan with the modified conditions listed under the staff’s recommendation.

PROJECT SUMMARY Cameron Pond Thoroughfare Corridor Buffer

In October 2008, the westernmost 70 feet of the 100’ Thoroughfare Corridor Buffer located in the westernmost part of Phases 1 and 2 of Cameron Pond Subdivision was cleared of existing forest area for the installation of a Progress Energy overhead power transmission line and support pylons. The remaining easternmost 30 feet of the 100-foot Buffer, adjacent to lots in Cameron Pond Subdivision was also cleared of much of the existing vegetation in several locations. In response to a notice of violation, Impact/Cameron Pond LLC, the developer of Cameron Pond Subdivision, has submitted a revegetation plan and has submitted an amendment to the Cameron Pond Subdivision plans to request the following:

Thoroughfare Corridor Buffer revegetation plan request:

The purpose of this plan is to revegetate the easternmost 30 feet of the Thoroughfare Corridor Buffer to create opaque screening adjacent to the residential lots in Phase 1 area of Cameron Pond Subdivision (see attached map) where all existing vegetation was removed. The revegetation plan would also supplement other portions of the easternmost 30 feet of the Thoroughfare Corridor Buffer to provide evergreen supplemental screening to create an opaque screen. An evergreen semi-opaque screen is also proposed along the western side of the 100’ Thoroughfare Corridor Buffer adjacent to the Western Wake Expressway right-of-way to help meet the purpose and performance criteria of the Thoroughfare Corridor Buffer regarding screening off-site views from the future Expressway.

Subdivision plan amendment request:

The purpose of this amendment is to revise the previously approved Phases 1 and 2 of the Cameron Pond Subdivision plan to show the existence within the Thoroughfare Corridor Buffer of a 70-foot-wide Progress Energy utility easement and an overhead power transmission line within the utility easement.

Council action: Council is asked to consider the proposed Thoroughfare Corridor Buffer Revegetation Plan in connection with LDO enforcement. Council is also asked to consider the proposed subdivision amendment in connection with LDO enforcement and because LDO generally states that any development within the Thoroughfare Corridor Buffer and any removal or modification to existing forest area within the Thoroughfare Corridor Buffer must be reviewed by the Planning and Zoning Board and approved by the Town Council.

BACKGOUND

Cameron Pond Subdivision is located north and south of Carpenter Fire Station Road and east of the proposed Western Wake Expressway (also known as the Western Wake Freeway or Transportation Improvement Program Project R-2635). The subdivision plan for Phase 1 (south of Carpenter Fire Station Road) was approved on August 2, 2004. Phase 2 (north of Carpenter Fire Station Road) was approved on March 31, 2004. (See the “Summary of Process and Actions to Date” section of this report.) Both Phases include a 100’ Thoroughfare Corridor Buffer overlay district which separates the lots and other developed areas from the proposed Western Wake Expressway. The Thoroughfare Corridor Buffer is common area conveyed by Impact Cameron Pond, LLC to the Cameron Pond Homeowners Association in December 2006. A greenway easement was dedicated through the Thoroughfare Corridor Buffer as shown on the subdivision plans. Otherwise, the LDO requires that the Thoroughfare Corridor Buffer not be developed and remain in a natural undisturbed state. Further, unless existing natural vegetation provides such a buffer, the Thoroughfare Corridor Buffer is to be supplemented with landscape screening material where appropriate so as to create an Opaque Type A Buffer. At the time Cameron Pond Subdivision was approved, the Thoroughfare Corridor Buffer was a mature forest comprised of indigenous plant material. The approved Cameron Pond Subdivision plan did require evergreen landscape supplementation so that the existing forest area would function as an opaque screen.

In October 2008, staff received calls from residents of Cameron Pond Subdivision informing staff that forest area was being removed from within the Thoroughfare Corridor Buffer. Based on subsequent site visits by Cary Zoning Compliance Officers, staff determined that significant clearing of existing forest area had occurred within the westernmost 70 feet of the 100’ Thoroughfare Corridor Buffer (adjacent to the proposed Western Wake Expressway), and had also occurred in several locations within the easternmost 30 feet of the Thoroughfare Corridor Buffer (adjacent to residential lots). Upon further investigation, staff determined that the clearing was associated with the installation of a Progress Energy overhead power transmission line. Staff learned that in July 2006, Impact Cameron Pond, LLC conveyed a 70-foot-wide utility easement located within the Thoroughfare Corridor Buffer to Progress Energy. The easement in which the overhead power transmission line has been installed parallels the Western Wake Expressway right-of-way and is located in the Thoroughfare Corridor Buffer in Phases 1 and 2 (Phase 1 south of Carpenter Fire Station Road and Phase 2 north of Carpenter Fire Station Road). South of Phase 1, the utility easement and the overhead power transmission line change direction and head westward across the proposed Western Wake Expressway to an electrical power substation site. The substation site is adjacent to a 100’ Thoroughfare Corridor Buffer that parallels the western side of the proposed Western Wake Expressway. From the substation site, the overhead power transmission line extends southward within the Thoroughfare Corridor Buffer along the western side of the Western Wake Expressway.

In December 2008, Impact Cameron Pond, LLC was issued a notice of violation for disturbance within the Thoroughfare Corridor Buffer resulting from the grant of a utility easement to Progress Energy. Impact Cameron Pond, LLC did not a timely appeal from issuance of the NOV, but contests its validity. In February 2009, as requested in the notice of violation, Impact Cameron Pond, LLC submitted a revegetation plan and a request for a revision to the approved Cameron Pond Subdivision plan. The effect of this request is: (1) to revegetate or supplement the easternmost 30 feet of the Thoroughfare Corridor Buffer to re-establish a forest condition meeting the intent of the LDO and the opaque buffer standard as much as is practicable and to install a Planting Row (defined below) adjacent to the Western Wake Expressway; and (2) to seek consideration of approval of modifications to provide for the 70-foot-wide utility easement and overhead power transmission line within the 100’ Thoroughfare Corridor Buffer.

PROPOSED REVEGETATION PLAN

Leading up to the Planning Board meeting staff had been advised by Progress Energy representatives that all trees planted along the edge of the utility easement could be no taller than 60 feet at maturity. More recently, Progress Energy made a determination that 30 feet would be the maximum tree height permitted adjacent to the utility easement. There are varieties of Cryptomeria available that have a maximum height of approximately 30 feet at maturity which would be specified along each side of the utility easement. This limitation on plant height adjacent to overhead electrical power transmission lines is based on national electrical requirements that specify the minimum separation permitted between plant material and an overhead power transmission line. The most current plan has been revised to reflect a variety of Cryptomeria which reaches 30 to 40 feet in height at maturity. The proposed Arborvitae tree does grow to 50 to 60 feet high in ideal conditions; however, because they are set back further from the transmission line and are spaced closer together, staff believes they should not reach a height such that they will become a ‘danger tree” as defined by Progress Energy..

Staff has not confirmed whether there is a gap between the Progress Energy easement and the right-of-way for the Western Wake Expressway on the western side of the Thoroughfare Corridor Buffer, as shown on some recent plans for the Expressway. The previous revegetation plan provided for an evergreen screen of Crypomeria trees (called the ‘Western Planting Row’) to be planted in this “gap” to help meet the purpose and performance criteria of the Buffer, including mitigation of off-site views from the proposed Western Wake Expressway into the utility easement and onto adjoining single-family lots. The applicant has proposed to make a payment to the Town in an amount equal to the cost of materials and installation of the Western Planting Row, plus an additional ten percent (10%) of that total amount to fund purchase and installation of potential replacement trees needed after one year. The Town will work with Progress Energy and the Turnpike Authority to use the funds to install either the row of Cyptomeria trees or other evergreen plants once the Western Wake Expressway project is near completion. The Turnpike Authority staff is supportive of additional vegetation being installed within the right-of-way.

Cameron Pond, Phase 1, South side of Carpenter Fire Station Road

Within the easternmost 30 feet of the Buffer (adjacent to single-family lots and the recreation center) where all existing vegetation was removed, the revegetation plan provides for the installation of a mixture of deciduous and evergreen trees (Cryptomeria, Arborvitae, and Maple) arranged to form an opaque screen (consistent with an Opaque Type A buffer).

In all other areas of the easternmost 30 feet of the Thoroughfare Corridor Buffer (adjacent to residential lots), the revegetation plan provides for the installation of a continuous row of evergreen trees (Cryptomeria) and with Pines and Maple trees installed to supplement the remaining forest area and help screen lot owners from the adverse effects of the overhead power transmission line and the proposed Western Wake Expressway.

Cameron Pond, Phase 2, North side of Carpenter Fire Station Road

Within the easternmost 30 feet of the Buffer (adjacent to residential lots) the revegetation plan provides for the installation of a continuous row of evergreen trees (Cryptomeria) to supplement the remaining forest area and help screen lot owners from the adverse effects of the overhead power transmission line and the proposed Western Wake Expressway.

Nearly all of the existing forest area located within the easternmost 30 feet of the Buffer was retained. An additional evergreen tree is required in a “bare” spot in the Buffer adjacent to the house located at 2715 Cameron Pond Drive, and Cryptomeria spacing will accommodate an existing private pedestrian easement.

As stated above, due to concerns associated with the timing of the construction of the Western Wake Expressway and uncertainty regarding right-of-way issues, Impact Cameron Pond, LLC proposes to make a payment to the Town in an amount equal to the cost of materials and installation of a row of Cryptomeria trees on the western side of the Progress Energy easement and adjacent to the Western Wake Expressway (“Western Planting Row”).  An additional ten percent (10%) of that total amount to fund installation of potential replacement trees (described further below). The Town would determine the location and type of vegetation to plant and it is expected that the initial planting would begin after the section of the Western Wake Expressway adjacent to the Thoroughfare Corridor Buffer is completed, controlled access fencing installed, and that planting would take place in the fall/winter. The Turnpike Authority recently held a formal groundbreaking for the Western Wake Expressway. Current schedules indicate the Western Wake Expressway would be completed and open to traffic by the end of 2012.

Greenway Consideration

As mentioned previously, the approved Cameron Pond Subdivision plan provided for a greenway easement within the Thoroughfare Corridor Buffer. The greenway would likely be located in the eastern half of the utility easement (that portion of the utility easement nearest Cameron Pond Subdivision but outside the proposed revegetation area). The western half of the utility easement (that portion of the utility easement next to the future Western Wake Expressway) would be used for access and maintenance of the overhead power transmission line.

See the “Zoning Requirements That Might Affect Council Approval Of Buffer Revegetation Plan” section of this report for applicable LDO references.

PROPOSED SUBDIVISION PLAN AMENDMENT

The proposed subdivision plan amendment provides for a 70-foot-wide Progress Energy utility easement and overhead power transmission line to be located in the 100’ Thoroughfare Corridor Buffer. The utility easement would abut the right-of-way of the future Western Wake Expressway, thus preserving 30 feet of the Thoroughfare Corridor Buffer adjacent to Cameron Pond Subdivision for landscape supplementation purposes.

The Land Development Ordinance section 4.4.4(D)(5) states that no development shall be allowed within the Thoroughfare Corridor Buffer. However, in considering approval of the subdivision plan, the construction of streets and utilities through the buffer may be allowed by Council upon finding that such construction is necessary for safe ingress or egress or utility service to the site. The overhead power transmission line is necessary in order to ensure that an adequate future power supply would be available to existing and to future residents of western Wake County.

See the “Zoning Requirements That Might Affect Council Approval Of Subdivision Plan Revisions” section of this report for applicable LDO references.

Planning And Zoning BOARD RECOMMENDATION

08-ZV-150; Thoroughfare Corridor Buffer Revegetation Plan.

The Planning Board recommended approval of the revegetation plan with conditions as presented by staff. The vote of approval was five to three. Planning Board members who did not support the revegetation plan felt that the plan was not adequate and that additional screening should be provided such as a screening wall along the Expressway right-of-way.

03-SB-006-B; Cameron Pond Subdivision, Phases 1 & 2, Modifications to show the existence of a 70-foot-wide Progress Energy utility easement and overhead power transmission line within the buffer. On a motion to approve the amendments the Planning Board voted 4 to 4. Planning Board members who did not vote to support allowing the utility easement and power transmission line to remain in the buffer were not satisfied that the remaining 30 feet was adequate to provide long term protection for the residents. Some members felt more should have been done by the developer since he was compensated for the power line easement by Progress Energy.

STAFF OBSERVATIONS

The revegetation plan represents staff’s and Impact’s best judgment of the most efficient and most effective Buffer reforestation/revegetation that can be provided within areas of the Buffer outside of the Progress Energy utility easement. The plan maximizes the height and the spacing of proposed evergreen trees to provide both horizontal and vertical screening of the overhead power transmission line location.  The plan also includes evergreen trees placed within or along the edge of the right-of-way of the future Western Wake Expressway (‘Planting Row’) to help achieve the purpose and performance criteria for the Buffer including the screening of views from the Expressway onto the adjoining overhead power transmission line and into nearby single-family lots. The plans include appropriate notes and details regarding how the trees are to be installed, and Impact has agreed to utilize a Certified Arborist to make all required certifications.

Staff is pursuing other avenues to help remedy this situation. The Cameron Pond neighborhood is not eligible for a state-funded sound wall pursuant to NCDOT and NC Turnpike Authority policies. However, the Turnpike Authority has indicated that Staff will have an opportunity to review and comment on the Western Wake Expressway Landscape Plan as it is prepared. Staff also continues to discuss further planting opportunities with Progress Energy.

Staff Recommendation

The Thoroughfare Corridor Buffer Revegetation Plan (08-ZV-150), and the Cameron Pond Subdivision Plan Amendment (03-SB-006-B), constitute two separate actions for consideration. The Town Council should consider and vote on each action in the order as stated below:

1. Staff recommends approval of the Thoroughfare Corridor Buffer Revegetation Plan (08-ZV-150) as shown on Sheets 1, 2, and 4 of the “Amended Subdivision Plan and Thoroughfare Corridor Buffer Re-vegetation Plans for Cameron Pond – Phases 1 & 2,” which includes the following conditions and other requirements as stated on the Plan (which, if approved, would also be conditions of approval of the proposed Subdivision Plan Amendment):

A. All trees shall be installed following both Town of Cary landscape planting requirements and accepted landscape industry planting practices.

C. Within thirty (30) days of approval of the Thoroughfare Corridor Buffer Revegetation Plan, Impact Cameron Pond, LLC shall pay to the Town an amount equal to the cost of materials and installation of the Western Planting Row, plus an additional ten percent (10%) of that total amount to fund purchase and installation of potential replacement trees needed after one year. In the Town’s discretion and if permitted by the NC Turnpike Authority and/or NC Department of Transportation, the Western Planting Row may be relocated onto the right-of-way for I-540 and evergreen plants other than Cryptomeria may be substituted.

D. Within thirty (30) days following completion of the tree installations, Impact Cameron Pond, LLC or Progress Energy, as appropriate, shall submit to the Town a statement certifying that all trees were installed in accordance with the Revegetation Plan.

E. The Town and a Certified Arborist hired by Impact Cameron Pond, LLC  shall perform an inspection twelve (12) months, 24 months, and 36 months after plant installation to determine the health of the plantings installed and to identify any plantings that have died and/or need replacing. The applicant  shall replace any dead or other vegetation deemed to need replacing each year after the first three years in the same manner as the vegetation was originally installed.

F. All required certifications shall be made by a Certified Arborist.

G. Impact Cameron Pond, LLC, shall install and use a drip irrigation system as directed by a Certified Arborist for at least three years after installation to ensure the viability and enhance the performance of the buffer.

H. Impact Cameron Pond, LLC, shall retain a Certified Arborist to conduct random soil tests twice a year for the first three years after installation. Impact Cameron Pond, LLC shall add whatever fertilizer mix is determined necessary from the soil test as prescribed by the arborist.

2. Staff recommends approval of modifications to Phase 1 and 2 sections of Cameron Pond Subdivision (03-SB-006-B) as shown on the “Amended Subdivision Plan and Thoroughfare Corridor Buffer Re-Vegetation Plans for Cameron Pond – Phases 1 & 2” which are: (1) the revegetation plan for the Thoroughfare Corridor Buffer, including all conditions listed above and all conditions listed on the Amended Subdivision Plan; and (2) the original approved Cameron Pond Phase 1 & 2 Subdivision Plans are amended to show the existence of a 70-foot-wide Progress Energy utility easement and overhead power transmission line within the buffer. Staff further recommends addition of the following condition to the Amended Subdivision Plan:

A. The installation of the Western Planting Row is not required for compliance with this Amended Subdivision Plan or to comply with the standards of the thoroughfare corridor buffer. Nothing on this Amended Subdivision Plan shall limit the Town’s ability to seek restitution for or remediation of any disturbance of the Western Planting Row for street or utility projects, from the disturbing entity. The installation of all other plantings, and the required warranties specified in this plan, are required for compliance with this Amended Subdivision Plan and to comply with the standards of the thoroughfare corridor buffer.

SUMMARY OF PROCESS AND ACTIONS TO DATE

Subdivision Plan Approval

Ph. 1 (03-SB-006)

March 31, 2004

Cameron Pond Subdivision, Phase 1, is approved (located south of Carpenter Fire Station Road).

Subdivision Plan Approval

Ph. 2 (04-SB-009)

August 2, 2004

Cameron Pond Subdivision, Phase 2, is approved (located north of Carpenter Fire Station Road).

Easement Conveyed to Progress Energy

July 31, 2006

Impact Cameron Pond, LLC conveys the 70-foot-wide easement to Progress Energy.

Common Open Space Transferred to HOA

(Includes the area comprising the Thoroughfare Corridor Buffer)

December 28, 2006

Common open space within Phases 1 and 2 of Cameron Pond Subdivision, including the Thoroughfare Corridor Buffer, is transferred from Impact Cameron Pond, LLC to the Cameron Pond Homeowner’s Association.

Site Inspection

November 5, 2008

Site inspection of Cameron Pond Subdivision reveals significant clearing occurring within the 100’ Thoroughfare Corridor Buffer.

Notice of Violation Issued

December 5, 2008

Notice of Violation for unapproved disturbance within the Thoroughfare Corridor Buffer is issued to Impact Cameron Pond, LLC.

Meeting With Applicant

December 23, 2008

Staff met with Impact Cameron Pond, LLC and their legal representation to discuss both the clearing within the buffer and staff’s suggested alternate buffer revegetation plan.

Buffer Revegetation Plan Submitted

February 18, 2009

As requested in the Notice of Violation, Impact Cameron Pond, LLC submits a buffer revegetation plan for staff review and a request for consideration of a subdivision plan amendment providing for the placement of the Progress Energy utility easement and the overhead power transmission line within the Thoroughfare Corridor Buffer.

Staff Review Comments

February 24, 2009

Staff issues review comments on the buffer revegetation plan submitted by Impact Cameron Pond, LLC.

Public Comment Provided

March 18, 2009

Staff provides a copy of both the initial Impact Cameron Pond buffer revegetation plan and the alternate revegetation plan to the Cameron Pond residents for their information and comment. The alternate revegetation plan prepared by staff was overwhelmingly supported by the residents who responded back to staff

Meeting With Applicant

June 8, 2009

Staff met with Impact Cameron Pond, LLC and with legal representatives to discuss revegetation plans.

Revised Revegetation Plan Submitted

June 19, 2009

Impact Cameron Pond, LLC submitted a revised buffer revegetation plan for Town review and consideration of approval.

Submittal to Planning Board

July 6, 2009

The buffer revegetation plan was submitted to the Planning and Zoning Board for review and recommendation to the Town Council.

Planning And Zoning Board Meeting

July 20, 2009

See Planning And Zoning Board Recommendation section of this report

Meeting With The NC Turnpike Authority

July 22, 2009

Staff met with the NC Turnpike Authority. Discussed Western Wake Expressway clearing limits and areas of reforestation on cut & fill slopes along the Expressway. Staff to have an opportunity to review and comment on Expressway Landscape Plan.

Meeting With Cameron Pond Residents at Cameron Pond Recreation Site

August 4, 2009

Staff met with interested Cameron Pond residents at the Cameron Pond recreation site to discuss proposed plantings within the Thoroughfare Corridor Buffer. Staff and residents walked the length of the buffer adjacent to Cameron Pond and discussed the need for additional evergreen supplementation at certain locations along the buffer. Dr. Robert Bardon from NCSU also attended.

ZONING REQUIREMENTS THAT MIGHT AFFECT council APPROVAL OF BUFFER REVEGETATION PLAN

4.4.4 Thoroughfare Overlay

(A) Purpose and Intent

The purpose of the Thoroughfare Overlay is to provide orderly development along controlled/limited access highways, to encourage the most appropriate use of adjacent lands, to maintain the scenic natural beauty of the area, and to promote the safe and efficient movement of traffic. These thoroughfares commonly establish an image of the quality of life in the Town for visitors and residents alike. Preservation of this natural beauty is required to enhance trade, capital investment, tourism, and the general welfare. All development within this overlay district shall comply with the regulations of this Section.

Thoroughfare Overlay District

(B) Location of District

The Thoroughfare Overlay is established along both sides of existing and planned controlled/limited access highways within the Town's jurisdiction and Extraterritorial Jurisdiction Area, as indicated on the Zoning Map and/or Comprehensive Transportation Plan Thoroughfare Plan Maps. Such highways include, but are not limited to, US 1, US 64, I-40, Cary Town Boulevard (between I-40 and NE Maynard Road), and the Western Wake Expressway. The Thoroughfare Overlay covers all lands within one hundred (100) feet of the right-of-way along both sides of each controlled-access highway, except at interchanges, where the overlay district shall extend back to the established point of the intersecting roadway where the controlled access ends or begins (see Section 4.4.4(D) below).

(C) Plan Approval Required

All development within the Thoroughfare Overlay shall require submission of a subdivision plan or a site plan in accordance with Section 3.9 of this Ordinance, and approval of such plan by the appropriate decision-making body.

(D) Buffer Requirement

(1) General Requirement

A buffer strip, with a width extending one hundred (100) feet from and parallel to the right-of-way boundary of the controlled-access highway, shall be maintained on all property within the Thoroughfare Overlay.

(2) Interchange Requirements

A buffer strip width extending fifty (50) feet from and parallel to the right of way for interchange ramps shall be maintained on all property within the Thoroughfare Overlay.

(3) Reductions

The Town Council may reduce the required width of this buffer strip as part of its approval of the site and/or subdivision plan, taking into consideration: the topography of the area; the area surrounding land uses and particularly residential uses; the actual location of the corridor; the size and shape of land parcels affected by the buffer; and whether the buffer requirement would render the entire property unusable. In reducing the width of the buffer strip, the Town Council shall ensure that the applicant will provide appropriate landscaping meeting the requirements of Section 4.4.4(D)(4) below. In no event, however, shall the Town Council reduce the required width of the buffer strip to less than thirty (30) feet. See Section 3.19, Minor Modifications.

(4) Maintenance of Existing Vegetation

Within the required buffer strip, all existing vegetation shall be maintained in a natural, undisturbed state and, unless the existing natural vegetation provides such a buffer, the applicant shall install and maintain a Type A opaque buffer meeting the requirements of Section 7.2.3 of this Ordinance. The owners of the property are

responsible for maintenance of the buffer and the consequences resulting from damage to the buffer in accordance with Section 7.2.13, Maintenance Responsibility, Replacement of Damaged Vegetation, and Associated Fines.

(5) Development within Buffer

No development shall be allowed within the required buffer strip. However, the decision-making body may, in approving the site and/or subdivision plan for the property, permit the construction of streets or easements through the buffer strip upon finding that such construction is necessary for safe ingress or egress or utility service to the site. The nature and limits of such construction shall be designated on the approved site and/or subdivision plan.

(6) Enforcement

Disturbance of buffers required under this section shall constitute a violation of this Ordinance and shall be subject to the appropriate penalties and remedies set forth in Chapter 11. For purposes of this section, "disturbance" shall be defined as any action that results in injury or harm to required trees, shrubbery, or other vegetation.

(E) Variances

No variance shall be granted that modifies the width of the buffer or the amount or type of the vegetation required under this Section, but the Town Council may grant modifications to these requirements in some circumstances [see paragraph (D)(2) above].

7.2.3 Requirements for Perimeter Buffers and Landscape Areas

(D) Types of Buffers and Landscaped Areas

(1) The three (3) types of landscaped buffers that appear in Table 7.2-1 are as follows: (Detailed illustrations and supplemental information on buffer configurations are available in the Community Appearance Manual.)

(a) Type A, Opaque

This perimeter buffer functions as an opaque screen from the ground to a height of at least eighteen (18) feet. This type of buffer prevents visual contact between uses and creates a strong impression of total separation. Vegetative material

within this buffer should meet the following criteria:

1. Existing vegetation or planted upper-story deciduous and evergreen trees shall attain a height at maturity of no less than sixty (60) feet.

2. At least fifty (50) percent of the required upper-story trees and all of the required understory trees and shrubs shall be evergreen species that are locally adapted to the area.

4. Upper-story trees shall be spaced no wider than twenty (20) feet, and evergreen shrubs shall attain a height at maturity of no less than six (6) feet and shall be spaced no wider than five (5) feet between plants.

5. The buffer may include a wall, a fence, a landscaped earthen berm, planted vegetation, existing vegetation, or any appropriate combination of these elements.

6. Streetscapes required to be planted and meet the planting standard for a Type A opaque buffer and also incorporate ornamental trees spaced no wider than twenty (20) feet.

(2) Buffer plantings shall conform to the following standards:

(a) The new plantings comprising the buffer shall be spread across the entire span of the buffer and not always planted in a row or rows. In some cases, planting in a row or rows is necessary to achieve the desired performance objective. Specifically, the entire buffer width may not be needed to achieve the desired performance objective of the buffer type; however, the remainder of the buffer required area should have a minimum spacing of trees as required by the associated buffer type.

(b) Buffer performance requirements must be achieved in the quickest time possible (preferably no more than three to five years).

(c) Additional trees and shrubs may be required in addition to the existing vegetation to meet these buffer requirements.

(d) Consistency with the types of buffers required may be achieved by following the requirements set forth below or another alternative that meets the performance requirements.

7.2.12 Implementation of Landscape Plan; Inspections

(B) Inspections After First Year

The Planning Department shall inspect the site one year after the issuance of a permanent Certificate of Occupancy in order to ensure compliance with the approved site and/or subdivision plan and to ensure that the landscaping is properly maintained. Failure to maintain required landscape areas (trees and shrubs) shall result in fines according to Chapter 11 of this Ordinance.

ZONING REQUIREMENTS THAT MIGHT AFFECT COUNCIL APPROVAL OF SUBDIVISION PLAN REVISIONS

3.9.2 Common Procedures for Review and Approval of Subdivisions and Site Plans

(H) Town Council Review and Approval Process

(1) Director Forwards Application

(a) If the plan seeks reductions to the requirements of this Ordinance or is deferred by the Planning Director, the Planning Department shall forward the application and plan to the Planning and Zoning Board prior to a regularly scheduled meeting of the Board, along with the recommendations of the Development Review Committee, any comments received from the other boards and commissions, and the applicant's response. If a plan is associated with an application for a special use and does not seek reductions or deviations as specified in Section 3.9.2(F)(1)(a), review and recommendation by the Planning and Zoning Board shall not be required.

(2) Review by Planning and Zoning Board

The Planning and Zoning Board shall review all materials forwarded by the Planning Director and, based upon the approval criteria in this Section, shall formulate a recommendation to the Town Council for appropriate action on the plan. The Planning and Zoning Board may request the applicant to revise the site and/or subdivision plan before it is submitted to the Town Council for approval.

(4) Action by Town Council

The application, recommendations, and comments of the appropriate review bodies shall then be forwarded to the Town Council for action. The Town Council shall review this information and approve, conditionally approve, or reject the plan within ninety (90) days of receipt of the plan unless the applicant has caused additional delay beyond this ninety (90)-day period by failing to provide necessary or accurate information

(I) Approval Criteria

A subdivision plan or a site plan may be approved only if it meets the criteria set forth below:

1) The plan is consistent with Comprehensive Plan goals and objectives.

2) The plan complies with all applicable requirements of this Ordinance, including the development and the design standards of Chapter 8; as well as the dedication and the improvements provisions of Chapter 8. (Note: Plans within Planned Developments may be subject to different requirements based on the approval.)

3) The plan adequately protects other property or residential uses located on the same property from the potential adverse effects of the proposed development.

4) The plan provides harmony and unity with the development on nearby properties.

5) The plan provides safe conditions for pedestrians or motorists and prevents a dangerous arrangement of pedestrian and vehicular ways.

6) The plan provides safe ingress and safe egress for emergency services to the site.

4.4.4 Thoroughfare Overlay

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