Buffer areas
The planning commission may require a vegetated buffer between new development and existing streets, neighborhoods, active farmland, adjacent park or conservation land, or other surrounding uses or areas in accordance with the following standards:
If property abutting the proposed conservation development contains developed residential building lots, or if there are existing residential structures within 100 feet of the perimeter of the conservation development, the following conditions shall apply:
(1) Structures in the conservation development must be located to meet at least the minimum rear yard setback as provided in section 21-216, and,
(2) A permanent buffer along the perimeter of the conservation development shall be established, providing for the preservation of existing trees or other vegetation or for the planting of new vegetation having adequate density, height and type of vegetation, in order to provide an all-season visual and audio screen between the conservation development and adjacent land uses. This buffer may be provided in either of two alternative forms, to be determined by the planning commission:
a. A separate open space lot or lots as provided in section 21-218 above, entitled "open space in conservation developments;" or,
b. A permanent easement along the perimeter of the conservation development to be located along the rear or side property line of the proposed lot or lots that abut the perimeter of the conservation development. Said easement shall run in favor of the town and shall be for conservation or open space purposes only. Where such easements are located on privately owned lots, they shall not be counted toward the minimum required open space area.
(3) The width of the required perimeter buffer shall be at least 50 feet provided, however, that the planning commission may reduce this width to a minimum often ten feet. In making this determination, the planning commission shall consider the following factors:
a. The nature of adjacent land uses existing at the time of master plan review (or preliminary review for a minor subdivision or land development project);
b. The nature of proposed or projected future land uses on adjacent property;
c. The physical characteristics of adjacent property (e.g., wetlands, slopes, stone walls, etc.);
d. The ownership of adjacent property (e.g., private, public, non-profit conservation, etc.);
e. The zoning of adjacent property;
f. The land use classification of adjacent property as provided on the comprehensive plan land use plan map.
If lots on the outer perimeter of the proposed conservation development are not contiguous to developed residential building lots outside the conservation development, the planning commission shall determine if a buffer is required.
Lots on the outer perimeter of the proposed conservation development, which are directly adjacent to a public street, must be separated from said public street by a thickly wooded buffer or screen of at least 100 feet in depth along the entire street frontage, except for any necessary access streets. On sites where there is little or no existing vegetation along an existing public street, consideration shall be given to creation of a new parallel street separated from the existing public street by a foreground meadow as described in the subdivision and land development regulations.
If development within the conservation development is such that individual building lots are not being created (i.e., subdivision) but that buildings are proposed to be located on a single lot (i.e., condominium) or combination thereof, the provisions stated above with regard to buffer areas shall be interpreted to apply to the setback, screening and location of individual buildings.
(Ord. No. 06-06, § 4, 4-10-2006)