Buffer areas
A vegetated buffer will be required between new development in a planned village district and existing streets, neighborhoods, vacant land, active farmland, adjacent park or conservation land, or other surrounding uses. The buffer will be designed to provide a visual and/or audio screen, and may be required to provide environmental and public use benefits. Its appearance shall fit with and improve upon the neighborhood context. The required buffer will be in accordance with the following:
(1) A permanent buffer along the perimeter of the planned village district shall be established and maintained, 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 planned village district and adjacent land uses.
(2) The buffer may be provided in either of the following alternative forms, to be determined by the planning commission:
a. A separate open space lot or lots;
b. A permanent easement along the rear and side property lines of the perimeter lots of the planned village district, which are being developed. 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.
(3) The width of the required perimeter buffer shall be at least 50 feet.
(4) In the review and approval of buffer areas, the planning commission, or the zoning board of review where a reduction in buffer width is requested, shall consider the following factors in making a determination:
a. The nature of adjacent land uses;
b. The nature of proposed or projected future land uses on adjacent property;
c. The nature of the ownership of adjacent property (private, public, conservation, etc.);
d. The physical characteristics of adjacent property (wetlands, slopes, stone walls, etc.);
e. The zoning of adjacent property;
f. The land use classification of adjacent property as shown on the town comprehensive plan land use map;
g. Height of buildings in the Planned Village District and adjacent parcels;
h. Type of buffer as it relates to whether the buffer is intended to be an extension of existing forested areas or landscaped screening.
(5) Supplemental plantings and replanting shall consist of a combination of deciduous and evergreen trees, shrubs or a combination thereof, native to the region. All trees planted shall be a minimum of ten feet in height at time of planting and the buffer shall contain a mixture of canopy and understory trees. All shrubs planted shall be a large growing species, shall be a minimum of three feet in height at time of planting and shall be a species which will achieve a height of at least 10 feet at maturity.
(6) All material shall conform to the guidelines established by the current American Standard for Nursery Stock, published by the American Association of Nurserymen.
(7) Nonvegetative materials may be used to satisfy the screening requirements where the planning commission determines such materials are acceptable for the areas in which they are to be located. These materials may be used in addition to the use of existing vegetation and/or supplemental plantings, and may consist of walls, fences, earthen berms or any combination thereof.
(8) A certified landscape plan and other materials that demonstrate that the design of the buffer will achieve the desired effect must be submitted to the planning commission for review and approval.
(9) Buffer areas may be used for passive recreation, such as pedestrian, bike or equestrian trails, provided that no plant material is eliminated; the total width of the buffer is maintained; and all other requirements of this section are met. Buffer areas may not be used for playfields, stables, swimming pools, tennis courts, accessory buildings, septic systems, parking facilities or trash dumpster locations.
(10) Buffer areas may be crossed by roadways and utilities to allow connections between adjacent parcels or developments.
(11) Application and construction documents must include a plan for preserving existing vegetation where possible.
(12) All new plantings must receive two to three inches of mulch at planting and be maintained until they are established. Any losses of plant material within the first two years must be replaced and similarly guaranteed. Long-term maintenance of the buffers shall be the responsibility of the tenants in common. The buffers shall be maintained to accomplish the intended effects promised in the application plans in a safe and effective manner.
(13) The zoning occupancy permit for the uses in a planned village district shall not be issued until such time as the landscaping requirements and buffer areas are either actually installed in full compliance with the approved plan or, in the event that the season is not appropriate for completing the planting, a performance guarantee of 125 percent of the cost shall be deposited with the town finance department. Such guarantee shall be in a form acceptable to the town and the depositor shall agree in making the deposit that, if performance is not completed within the time specified by the planning commission, the town may complete the requirements and charge the cost against the deposit; otherwise, the deposit shall be returned in full after satisfactory completion of the work.
(Ord. No. 04-23, § 1, 11-8-2004)