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April 3 2024 ORC Agenda Packet
1 ORANGE COUNTY PLANNING DEPARTMENT 131 W. MARGARET LANE, SUITE 201 HILLSBOROUGH, NORTH CAROLINA 27278 CJ` AGENDA ORANGE COUNTY PLANNING BOARD WHITTED MEETING FACILITY 300 WEST TRYON STREET, SECOND FLOOR HILLSBOROUGH, NORTH CAROLINA 27278 Wednesday, April 3, 2023 Ordinance Review Committee - 6:00 p.m. Note: This Ordinance Review Committee (ORC) meeting is for Planning Board members who would like to attend. Attendance is not mandatory and a quorum is not necessary for the ORC meeting. No. Page(s) Agenda Item 1. CALL TO ORDER 2. 2 - 7 UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT — TOBACCO AND HEMP RETAIL USE - To review BOCC-initiated amendments to the UDO pertaining to "Tobacco and Hemp Retail" uses. Presenter: Cy Stober, Planning Director UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT— 3. 8 - 28 REGULATORY REFORM COMPLIANCE AND CONFORMANCE—To review Planning Director-initiated amendments to the UDO in response and pertaining to NC Session Laws 2023-108 and 2023-137, which affect the County's abilities to regulate residential architecture, as well as densities and impervious surfaces in water supply watersheds. Presenter: Cy Stober, Planning Director UNIFIED DEVELOPMENT ORDINANCE (UDO) TEXT AMENDMENT— 4. 29 - 45 LANDSCAPING STANDARDS—To review Planning Director-initiated amendments to the UDO pertaining to Section 6.8 "Landscaping, Buffers & Tree Protection" regulations. Presenter: Cy Stober, Planning Director 5. ADJOURNMENT 2 ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: April 3, 2024 Action Agenda Item No. 2 SUBJECT: Unified Development Ordinance Text Amendment — Tobacco and Hemp Retail Use DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Proposed UDO Text Amendments (excerpt) Cy Stober, Director (919) 245-2592 PURPOSE: To review and make a comment upon a Commissioner-initiated text amendments to the Unified Development Ordinance (UDO) regarding use, regulation, and definition of "Tobacco and Hemp Retail" use. BACKGROUND: At the February 6, 2024, meeting of the Orange County Board of Commissioners, at the introduction of Commissioner Fowler, the BOCC directed the County Attorney's Office to provide a drafted UDO amendment to regulate the retail use of businesses that primarily rely upon the sale of tobacco and hemp products. The intent is to limit exposure of minors to such products, as well as ensure that they are not densely focused in any one part of Orange County. Basing proposed amendment language on recently-adopted amendments to Wake County's ordinances for similar purposes, the County Attorney's Office provided draft language to the Planning Department for review and presentation as an UDO amendment. Orange County is proposing to amend the UDO to: 1. Define "Tobacco and Hemp Retail" use; 2. Allow "Tobacco and Hemp Retail" as a use in NR-CD zoning districts; and 3. Requiring that any such establishment be at least 1,000 feet from any of the following: A. Tobacco and Hemp Retail; B. Schools, including: Schools: Performing Arts, Sports, and Recreation, Schools: Preparatory, Schools: Technical, Trade, and Skill Training, and Schools: Universities, Colleges; C. Parks and Recreational Facilities; and D. All Residential Uses 3 FINANCIAL IMPACT: There are no costs associated with this project other than the use of staff time and the required legal advertisement for the text amendment's public hearing. County staff has and will continue to accomplish the necessary tasks associated with amending the UDO and the legal advertisement will be paid from budgeted funds for this purpose. RECOMMENDATION(S): The Planning Director recommends the ORC review the proposed amendment and provide any feedback to staff. TABLE OF PERMITTED USES PERMITTED USE A=SUBJECT TO USE STANDARDS S=SPECIAL USE CONVENTIONAL ZONING DISTRICTS ECONOMIC DEVELOPMENT DISTRICTS CONDITIONAL DISTRICTS USE TYPE RB AR R1 R2 R3 R4 R5 R8 R13 LCII NC2 CC3 GC4 EC5 0/ AS El 11 12 13 PID EDB- EDB- EDE- EDE- EDH- EDH- EDH- EDH- EDH- ASE- MPD- HP- REDA- R-CD NR- RM 1 2 1 2 1 2 3 4 5 CD CD CID CD-1 CD RETAIL USES Retail Uses Except as Identified Herein EM Country Store Tobacco and Hemp ME Retail SERVICE USES Service Uses Except as Identified Herein Body Art(Tattoo no Body Piercing, etc.) Eating and Drinking No Establishments EM Funeral Home EM Garden Center No Massage Business Short Term Rental Small—Host Im Occupied IM Short Term Rental Large—Host Occupied ME Short Term Rental— Non Host Occupied 5 (1) The following Multiple Uses are permitted in the O/RM zoning district when the Principal Use type is Research Facility Without Manufacturing and shall adhere to the standards of Section 5.19.3(B)(2): (a) Financial Services (b) Service land uses limited to Beauty& Barber Shops, Laundry and Dry Cleaning Services (c) Eating and Drinking Establishments limited to Nightclubs, Bars, Pubs, Restaurants Carry Out and General (d) Retail, limited to 12,000 sq.ft. of building area/ (e) Manufacturing, Assembly, Processing, and Distribution Uses—Other, limited to Printing & Lithography (2) Multiple Uses, identified in Section 5.15.2(B)(1), are permitted only in accordance with the following standards: (a) The site plan shall identify the square footage of each structure by type of use. (b) The Principal Use type of Research Facility Without Manufacturing must be established on the site. (c) The Multiple Use shall not exceed 25% of the total square footage of all structures on the site. SECTION1: STANDARDS FOR 5.20.1 Retail (A) Use Standards (1) Specific Standards for the LC-1, NC-2, and EC-5 Zoning Districts (a) Uses shall be limited to 12,000 sq.ft. of building area. (b) No outdoor sales/displays shall be permitted. (2) Specific Standards for the CC-3 Zoning District (a) Uses shall be limited to 24,000 sq.ft. of building area. (b) Outdoor sales/displays shall be permitted subject to the following: (i) No more than 20% of the property area shall be utilized to support outdoor sales/displays. (ii) Displays shall not be located within any required parking, septic disposal, or land use buffer area on the property. (iii) Displays shall not block entrances and exists to the structure. (3) Outdoor sales/displays shall be allowed in other districts subject to the following: (a) No more than 25% of the property area shall be utilized to support outdoor sales/displays. (b) Displays shall not be located within any required parking, septic disposal, or land use buffer area on the property. (c) Displays shall not block entrances and exists to the structure. 5.20.2 Country Store (A) General Standards for Evaluation 6 (1) Outdoor storage of products shall be permitted in the rear yard of the primary structure and shall be screened from view of adjacent properties. (2) Outdoor storage areas shall not be permitted to encroach upon required parking spaces. (3) All structures and outdoor storage areas shall be located a minimum of 100 feet from adjacent residentially zoned property. (4) The site shall be located on a major road, as classified in the Orange County Comprehensive Plan, unless permitted as an ASE-CD. (5) Parking shall not be located in the front yard space. (6) Application materials shall include a comprehensive groundwater study, for facilities expected to use more groundwater on an annual basis than an average single family residence (which uses 240 gallons of water per day) built at the highest density the existing zoning district would allow. For example, if the existing zoning district allows a residential density of 1 unit for 2 acres and the proposed use is on a six acre parcel (which could yield 3 residences), the proposed use(s) may use three times the water used by an average single family residence (or 720 gallons per day, on an annualized basis) before a comprehensive groundwater study is required. The water usage rates of any existing use subject to zoning regulations located on the same lot shall be taken into account when determining if a comprehensive groundwater study is required. Said study shall detail: (a) The amount of water anticipated to be used on a daily, weekly, monthly, and annual basis by regulated uses located on the parcel (e.g., water usage by bona fide farm uses is not required to be included); (b) An analysis of the amount of groundwater withdrawal considered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the proposed use are expected to be affected by withdrawals made by the proposed use. 5.20.3 Tobacco and Hemp Retail (A) Use Standards (1) Tobacco and Hemp Retail uses must be located at least 1,000 feet from the following land uses: (a) Tobacco and Hemp Retail; (b) Schools, including: (i) Schools: Performing Arts, Sports, and Recreation, (ii) Schools: Preparatory, (iii) Schools: Technical, Trade, and Skill Training, and (iv) Schools: Universities, Colleges; (c) Parks and Recreational Facilities; and (d) all Residential Uses. SECTIONSTANDARDS FOR MISCELLANEOUS 5.21.1 Major Subdivision (A) Standards for Conditional Districts 7 Tobacco and Hemp Retail A retail store with principal sales and/or distribution of: a) any product that contains tobacco or nicotine, irrespective of whether the nicotine is tobacco- derived or synthetic, and is intended for human consumption, as defined by G.S. § 14-313(4), including but not limited to: cigarettes, cigars, pipe tobacco, electronic cigarettes, hookah, smoked or vaped tobacco substitutes, chewing tobacco, snuff, snus, dissolvable tobacco products, and heated tobacco products. Excluded from this definition are tobacco products approved by the USFDA for treatment of tobacco use and dependence. b) any product that contains tetrahydrocannabinol (THC), irrespective of whether the THC is hemp derived or synthetic. Excluded from this definition are products that contain no greater than 0.3 percent THC. c) any product that contains Mitragyna speciosa, commonly known as kratom. Traffic Generation: Low Uses which generate an average of less than 200 vehicle trips per day. Traffic Generation: Medium Uses which generate an average of between 200 and 800 vehicle trips per day. Traffic Generation: High Uses which generate an average of more than 800 vehicle trips per day. Transmission Lines a) For lines carrying electrical energy, transmission lines are those which carry 45,000 volts or more. b) For lines which carry liquids or gases, transmission lines are those operating or designed to operate at pressures of one hundred pounds per square inch or greater. Travel Trailer A structure that is: a) Intended to be transported over the streets and highways (either as a motor vehicle or attached to or hauled by a motor vehicle), and b) Designed for temporary use as sleeping quarters, but that does not meet the definition of a manufactured home. Tree, DBH Diameter at breast height of a tree, which is measured at 4.5 feet above ground surface level. Tree, Critical Root Zone The minimum area beneath a tree which must be left undisturbed in order to preserve a sufficient root mass to give a tree a reasonable chance of survival. The critical root zone is approximately one foot of radial distance for every inch of tree's DBH, with a minimum of eight feet. Tree, High Value A tree that meets or exceeds the following standards: for pine species, 14" DBH or greater, or 18" or greater stump diameter, and for hardwood or wetland species, 16" DBH or greater, or 24" or greater stump diameter. Trip Generation Rates The total count of trips to and from a study site per unit of land use as measured by parameters such as dwelling units, acres, etc. Twenty-Year Transition Land 8 ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: April 3, 2024 Action Agenda Item No. 3 SUBJECT: Unified Development Ordinance Text Amendment — Regulatory Reform Compliance & Clarifications DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Proposed UDO Text Amendments (excerpts) Cy Stober, Director (919) 245-2592 PURPOSE: To review and make a comment upon a County-initiated text amendments to the Unified Development Ordinance (UDO) in response to North Carolina Session Laws (NCSLs) 23-108 and 23-137, as well as to clarify two related matters for improved administration of the UDO. BACKGROUND: The North Carolina General Assembly passed two laws over Governor Cooper's veto in the 2023 session that are relevant to the text of Orange County's UDO. The first was NCSL23-108, which expanded the definition of "residential" uses or zoning to all structures under the regulatory umbrella of the NC State Residential (Building) Code. This effectively expands this definition from one- and two-family dwellings to include three- and four-family dwellings. The consequence is the lack of Orange County authority to regulate the architecture or appearance of such structures, requiring amendment of Sections 2.5.3 (Site Plan Specifications), 4.6.2 (Major Transportation Corridor (overlay district) Application), and, for discussion, the definition of "Residential Development" in Article 10. Staff has initiated a relevant amendment Section 2.4.2 ("Zoning Compliance Permits, Requirements and Conditions") to transfer the responsibility of affirming UDO compliance before a Certificate of Occupancy is issued from the Building Inspector to the Planning and Inspections Director. The Inspections staff should be focused on NC State Building Codes compliance and not also be responsible for enforcement of Orange County's local development and use standards. NCSL23-137 was the "Regulatory Reform Act" and provides for the elimination of density regulations in water supply watersheds under the following conditions: 1) The property was developed prior to the effective date of the applicable water supply watershed regulations; 2) The property has not been combined with additional lots after January 1, 2021; 3) The property has not participated in density averaging, as allowed by NC G.S. § 143- 214.5(d2); 4) The current use of the property is nonresidential; 5) The remaining vegetated buffers on the property are preserved in accordance with 9 Section 6.13.4 of this Ordinance. This new standard is proposed as the new Section 4.2.4(A), "Residential Density, Density Exceedance Allowance". Accompanying this statutory amendment was one to Stormwater standards, that clarifies that, under such situations, only the new "built upon area" (aka "impervious surface") must be treated with Stormwater Control Measures, as required by State and federal laws; the existing BUA does not require stormwater treatment. The developer may elect to treat the existing BUA, and it may be offered as a condition of approval of a conditional zoning or special use permit application, but it cannot be required. This additional allowance is reflected in the new subsection (E) to Section 4.2.7 "Modifications of the Impervious Surface Ratio". Staff has initiated a relevant amendment to simplify interpretation and enforcement of stream buffer standards in unprotected watersheds, Section 6.13.5. Currently, there are two different buffer widths that can be applied, 50 or 65 feet. Staff is proposing to simplify this to a single standard of 65 feet in all unprotected watersheds for improved administration and enforcement of the standard, as well as deference to the standard that is more protective of water quality. FINANCIAL IMPACT: There are no costs associated with this project other than the use of staff time and the required legal advertisement for the text amendment's public hearing. County staff has and will continue to accomplish the necessary tasks associated with amending the UDO and the legal advertisement will be paid from budgeted funds for this purpose. RECOMMENDATION(S): The Planning Director recommends the ORC review the proposed amendment and provide any feedback to staff. 10 (4) Recommend the Planning Board be given extended time to consider the matter. (C) Should the Planning Board fail to make a recommendation prior to the Public Hearing, the application shall be forwarded to the Board of County Commissioners without a Planning Board recommendation. 2.3.10 Action by Board of County Commissioners (A) The Board of County Commissioners shall hold a public hearing after the Planning Board either makes its recommendation or takes no action on the application within 30 days of its referral. (B) After the Board of County Commissioners closes the public hearing, the Board of County Commissioners shall do one of the following: (1) defer a decision to a later Board of County Commissioners meeting date, or (2) make a decision. (C) In making its decision, the Board of Commissioners shall consider comments made at the public hearing, the Planning Board's recommendation, and the Planning Director's recommendation. SECTION • COMPLIANCE PERMITS 2.4.1 Applicability (A) As required by this Ordinance, a Zoning Compliance Permit must be issued before any new site development, building, structure, or vehicular use area may be erected, constructed or used. (B) Submittal and approval of a site plan (see Section 2.5) is required for issuance of a Zoning Compliance Permit except for: (1) Single-family detached dwellings and duplexes, and accessory structures to those residential uses shall require a plot plan as detailed within Section 2.4.3 of this Ordinance. In those instances, however, where the proposed level of land disturbance exceeds established thresholds as detailed within Section 4.2.10 of this Ordinance, a formal site plan prepared in accordance with Section 2.5 of this Ordinance, shall be required for submittal and approval. This site plan shall contain all required elements associated with obtaining a Zoning Compliance Permit and Land Disturbing Permit(LDP) as detailed herein. (2) Interior renovation or repair of an existing structure, provided the use of the lot and/or structure has not changed. (C) Issuance of a Zoning Compliance Permit is required prior to beginning the excavation for the construction, moving, alteration, or repair, except ordinary repairs, of any building or other structure, including an accessory structure. The Zoning Compliance Permit shall include a determination that plans, specifications and the intended use of the structure conforms to the provisions of this Ordinance. (D) Issuance of a Zoning Compliance Permit is required to change the type of use or type of occupancy of any building, or to expand any use on any lot on which there is a non- conforming use. The Zoning Compliance Permit shall include a determination that the proposed use conforms to the provisions of this Ordinance. 2.4.2 Requirements and Conditions (A) In cases where the development and/or commencement of a land use requires the issuance of a Special Use Permit, a Zoning Compliance Permit shall not be issued until 11 the aforementioned permit has been issued by the Board of Adjustment in accordance with the review and approval procedures detailed herein. (B) Issuance of a Special Use Permit does not negate the requirement for a Zoning Compliance Permit. (C) Issuance of a Zoning Compliance Permit does not establish a vested right to begin and complete construction or change the use/occupancy of a lot or building should regulations change subsequent to issuance of said permit. (D) Application for Zoning Compliance Permit shall specify the method of disposal of trees, limbs, stumps and construction debris associated with the permitted activity. Open burning of trees, limbs, stumps, and/or construction debris associated with the permitted activity is expressly prohibited. (E) No building, structure, or zoning lot for which a Zoning Compliance Permit has been issued shall be used or occupied until the Building IRS^G^+^r Planning and Inspections Director has, after final inspection, issued a Certificate of Occupancy indicating compliance with all the provisions of this Ordinance. (F) No building, structure, or zoning lot for which a Zoning Compliance Permit has been issued shall be used or occupied until the Orange County Health Department has approved the water supply and sewage disposal systems serving that use. (G) Issuance of a Certificate of Occupancy by the Building Official or the approval of a water supply and sewage disposal system by the Health Department shall in no case be construed as waiving any provision of this Ordinance. (H) Zoning Compliance Permits shall become null and void after 18 months from the date of issuance if a building permit is not applied for or Land-Disturbing Activities are not commenced in accordance with the provisions of this Ordinance. (1) Projects needing a Performance Guarantee shall abide by the provisions of Section 2.27 of this Ordinance. 2.4.3 Plot Plan Specifications (A) For development types requiring a plot plan rather than a site plan, the plot plan shall contain the following: (1) A scaled drawing denoting the length of all property lines, (2) A north arrow denoting the orientation of the lot and all proposed structures, (3) The location of all existing structures, driveways, and areas of impervious surface, (4) The location of the proposed structure(s) and distances from all property lines, (5) The location of the proposed driveway, (6) The location of the proposed septic system and proposed drain lines on the property, (7) The location of the proposed well, and (8) The location of any protected features on the property (i.e. stream buffers, flood plain, wetlands, etc.), and (9) The location and dimensions of proposed parking areas. (B) Base plot plans are available from the Planning Department and can be printed for a fee in accordance with the established fee schedule. Applicants may also use other sources of base plot plans provided the requirements of this Section are met. (1) Planning staff is available to discuss compliance matters but shall not complete plot plans. 12 SECTION 2.5.1 Review and Approval Flow Chart Site Plan The review and approval process for a Site Plan is shown in the procedure's flowchart. Application Submittal 2.5.2 Application Requirements (A) Each site plan shall be prepared and sealed by an appropriately licensed professional. The Determination of Completeness following are exempt from this requirement but By Planning Director must provide a plot plan pursuant to Section 2.4.3: (1) Proposed additions to existing Completed Application permitted non-residential structures Distributed to Applicable where the use of the structure and lot Agencies, Development Advisory has not changed and the floor area is Committee, and Other not increased more than 25%. Departments for Review (2) Accessory structures to existing permitted non-residential structures where vehicular use area is not extended and changes to existing Planning Director Review and Final grade are not more than one foot in Decision: Approval, Approval with elevation. Conditions, or Denial [1] (3) Center in a Residence. (4) Short Term Rental— Host Occupied. [I] If Plan is approved with conditions, no (5) Cooperative Farm Stand. zoning permit authorization or building (6) Rural Special Events. permit issued until conditions satisfied (7) Non-Farm Use of Farm Equipment. (B) The applicant shall submit to the Planning and Inspections Department: (1) Three copies of the site plan prepared in accordance with the provisions detailed in this Section. Additional copies may be required depending on the nature and location of the proposed development);. (2) The completed site plan application form; (3) A copy of the Orange County tax map with the subject property identified; (4) Legal documentation, to be approved by the County Attorney, establishing entities responsible for control over common areas and facilities. (5) Three copies of the Environmental Assessment and/or Environmental Impact Statement, if required under Section 6.16 of this Ordinance. (6) A statement regarding the method of disposal of trees, limbs, stumps and construction debris associated with the permitted activity. Open burning of trees, limbs, stumps, and/or construction debris associated with the permitted activity is expressly prohibited. (C) Other items which should be submitted simultaneously, but are not required as part of the site plan application are: (1) Erosion control and grading plans as necessary to be approved by the Erosion Control Officer for a grading permit, and 13 (2) Stormwater Management Plans (SMPs) as necessary to be approved by the Erosion Control Officer prior to the issuance of a Zoning Compliance Permit, and (3) Building construction plans to be approved by the Building Official prior to issuance of a building permit. 2.5.3 Plan Specifications Each site plan shall be drawn at a scale adequate to show required detail and shall contain the following information: (A) The boundary of the lot(s)to be developed labeled with bearings and distances; (B) The name, address, and phone number of the applicant and the property owner; (C) Name of project, vicinity map, north arrow, scale, tax map reference number, date of plan preparation, and subsequent revision dates; (D) Zoning of the property to be developed and all adjacent zoning and existing adjacent land uses; (E) Adjacent right-of-way widths with road names and numbers; (F) A development summary including total acres, proposed use(s), total building square footage, required and proposed parking spaces. (G) Demonstrated compliance with all applicable performance standards contained in Articles 3, 4, 5, and 6 of this Ordinance; (H) Maximum and proposed impervious surface and required stream buffers as detailed in Sections 4.2 and 6.12 of this Ordinance; (1) Estimated traffic generated by the proposed development in trips per day. If the estimate exceeds 800 trips per day, a traffic impact study must be submitted in accordance with Section 6.17; (J) Front, side, and rear building setbacks as required by Articles 3 and 5 of this Ordinance; (K) Location of all proposed buildings and structures labeled with floor area, building height and function, and proposed finished floor elevation; (L) Vehicular use areas including existing and proposed streets and access drives, off street parking and loading to comply with Section 6.9 of this Ordinance, and entry/exit points of adjacent parcels; (M) Overhead and underground utilities with accompanying easements and storm drainage facilities/easements (including septic tanks and wastewater disposal fields, wells, fire hydrants, irrigation, and security lights); (N) Solid waste disposal facilities; (0) All proposed free-standing and wall-mounted signs. Signs must comply with Section 6.12 of this Ordinance; (P) A landscape plan demonstrating compliance with Section 6.8 of this Ordinance; (Q) For all developments other than those regulated by the NC Residential Building Code single family r sid8Rt;a' and duple , existing contour lines (dashed) and proposed contours (solid) at 5-foot intervals with 10-foot contours bold. Where site conditions warrant, 2-foot contours may be required; (R) Retaining walls, tree wells, or rip rap as part of the grading plan; (S) Streams, ponds, drainage ditches, swamps, floodway and floodplain boundaries; (T) Phase lines and numbers if the development is to be phased; 14 (d) The Orange County Planning Department, in consultation with Orange County Environmental Health and/or the Orange County Staff Engineer, has determined that the relative locations of the well, septic system and structure maximize the amount of watershed protection that can be achieved while allowing development of the lot. Generally, an exception to setbacks for repair area is preferable to an exception for the initial septic system, and encroachment of structures or gravity septic systems into the setback is preferable to the installation of a septic system pump. (e) The amount of encroachment into the stream or reservoir buffer is the minimum amount which can be obtained while meeting the criteria in (a) through (d). 4.2.3 Land Use Restrictions All uses and activities allowed in the underlying zoning district are permitted with the following exceptions: TABLE 4.2.3 LAND USE RESTRICTIONS DISTRICT RESTRICTIONS UNIV-CA No new landfills are permitted. UNIV-PW No commercial or industrial uses are permitted except for commercial development, in CANE-CA accordance with the provisions of the Ordinance, located within established Nodes as U-ENO-CA detailed within the Orange County Comprehensive Plan. No new golf courses are permitted U N I V-CA CANE-CA No residual (sludge/biosolids)application is permitted. U-ENO-CA CANE-PW U-ENO-PW HYCO-PW LITTLE-PW No discharging landfills are permitted. Industrial use is limited to nonhazardous light BACK-PW industrial uses characterized by low water use(less than 10,000 gpd, excluding domestic FLAT-PW water(25 gpd per employee)and water used for heating and air conditioning). HAW-PW L-ENO-PW JORDAN-PW 4.2.4 Residential Density Maximum residential density shall be as indicated in the Table in this subsection, or as required by the underlying zoning district, whichever is less. TABLE 4.2.4 RESIDENTIAL DENSITY DISTRICT MAximum DENSITY 1 du/five acres. Lots of record existing on October 2, 1989 may contain up to, but no more than,five lots UNIV-CA with a density of one du/two acres. Contiguous lots of record existing on October 2, 1989 UNIV-PW may be combined into one parcel for development. The number of two-acre lots and the total number of lots in the combined parcel cannot exceed the sum of the number of lots which could be created from each lot of record. 1 du/five acres Lots of record existing on October 19, 1999 may contain up to, but no more than,five lots as CANE-CA small as two acres in size. Contiguous lots of record existing on October 19, 1999 may be CANE-PW combined into one parcel for development.The number of two-acre lots and the total number of lots in the combined parcel cannot exceed the sum of the number of lots which could be created from each lot of record. 15 TABLE 4.2.4 RESIDENTIAL DENSITY DISTRICT MAXIMUm DENSITY U-ENO-CA 1 du/2 acres LITTLE-PW HYCO-PW 1 du/40,000 square feet(.92 acre) FLAT-PW U-ENO-PW L-ENO-PW Maximum density is as permitted in the underlying zoning district. HAW-PW Stormwater Control Measures(SCMs)are required in some cases where density exceeds 1 JORDAN-PW dwelling unit per acre. Refer to Section 4.2.5. BACK-PW (A) Density Exceedance Allowance As enabled by NC G.S § 143-214.5(d3), an applicant may exceed the density otherwise required by the applicable water supply watershed regulations, but not the underlying zoning district, if all of the following circumstances apply: (1) The property was developed prior to the effective date of the applicable water supply watershed regulations; (2) The property has not been combined with additional lots after January 1, 2021; (3) The property has not participated in density averaging, as allowed by NC G.S. § 143-214.5(d2); (4) The current use of the property is nonresidential; (5) The remaining vegetated buffers on the property are preserved in accordance with Section 6.13.4 of this Ordinance. 16 Impervious Surface Requirements for Residential Uses TABLE 4.2.5.1: IMPERVIOUS SURFACE REQUIREMENTS(RESIDENTIAL) DISTRICT IMPERVIOUS SURFACE/DETENTION POND REQUIREMENTS 6% impervious surface limit. EXCEPT for all lots which existed prior to 4/2/90,which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious UNIV-CA Surface Ratios—Univ, Cane, and Little). [1], [2] UNIV-PW Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access easement, or created in accordance with established density regulations through the subdivision process to qualify for additional impervious surface allocation as detailed in Section 4.2.8 C . 6% impervious surface limit. EXCEPT for lots smaller than two acres which existed prior to 1/1/94,which are subject to impervious surface limits as provided in the following Table(entitled Sliding Scale for CANE-CA Residential Impervious Surface Ratios—Univ, Cane, and Little). [1], [2] CANE-PW Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access easement, or created in accordance with established density regulations through the subdivision process to qualify for additional impervious surface allocation as detailed in Section 4.2.8 C . 6% impervious surface limit. U-ENO-CA EXCEPT for lots smaller than five acres which existed prior to 6/1/2010,which are subject to impervious surface limits as provided in the following Table(entitled Sliding Scale for Residential Impervious Surface Ratios—Upper Eno). [11, 2 6% impervious surface limit. EXCEPT for lots which existed prior to 1/1/94,which are subject to impervious surface limits as provided in the following Table (entitled Sliding Scale for Residential Impervious Surface LITTLE-PW Ratios- Univ, Cane, and Little). [1], [2] Lots shall either be a minimum of 2 acres in area, exclusive of any right-of-way or access easement, or created in accordance with established density regulations through the subdivision process to qualify for additional impervious surface allocation as detailed in Section 4.2.8 C . FLAT-PW 12% impervious surface limit for new and existing lots. [1], [2] HYCO-PW 12% impervious surface limit for existing and new lots outside of Transition Areas as designated in the Orange County Land Use Plan. [1], [2] 30% impervious surface limit for developments which exceed a density 1 du/acre within U-ENO-PW Transition Areas as designated in the Orange County Land Use Plan. Stormwater BACK-PW Management Plans(SMPs)and/or Stormwater Control Measures (SCMs)are required if impervious surface exceeds 12%. 70% impervious surface limit for residential uses developed at"high intensity"densities (R- 5, R-8, and R-13)in an Economic Development District as designated in the Land Use Element of the Comprehensive Plan (high-density option with SCMs if ISR exceeds12%. 24% impervious surface limit with curb and gutter. 36% impervious surface limit without curb and gutter. [1], [2] 70% impervious surface limit for residential uses developed at"high intensity"densities (R- L-ENO-PW 51 R-8, and R-13)in an Economic Development District as designated in the Land Use Element of the Comprehensive Plan (high-density option),with Stormwater Management Plans(SMPs)and/or Stormwater Control Measures (SCMs)required when impervious surface exceeds: 24% (w/curb and gutter); or 36% w/o curb and gutter). HAW-PW 24% impervious surface limit. [1], [2] JORDAN-PW [1]Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the UDO. [2] Regardless of the proposed amount of impervious surface area, a Stormwater Management Plan (SMP)and/or Stormwater Control Measure(SCM)may still be required based on the proposed amount of land disturbance on a given parcel of property in accordance with applicable Orange County Erosion Control and State Stormwater regulations. 17 (B) Hillsborough Economic Development District (1) The Hillsborough Economic Development District is located within the Lower Eno - Unprotected watershed. Within the Hillsborough Economic Development District, as designated in the Land Use Element of the Comprehensive Plan, the maximum impervious surface ratio is 50%with detention ponds. TABLES 4.2.5.2&4.2.5.3: SLIDING SCALE FOR RESIDENTIAL IMPERVIOU UNIV,CANE, LITTLE,AND UPPER ENO a LOT SIZE(ACRES) ISR SQUARE FEET LOT SIZE(ACRES) ISR SQUARE FEET Cells in black DO NOT apply to the Upper Eno 1 3.1 9.8 13,234 �.' 3.0 10.0 13,068 • 2.9 10.2 12,885 2.8 10.4 12,685 2.7 10.6 12,467 2.6 10.8 12,232 2.5 11.0 11,979 2.4 11.2 11,709 2.3 11.4 11,421 2.2 11.6 11,116 • 2.1 11.8 10,794 5.0 6.0 13,068 2.0 12.0 10,454 4.9 6.2 13,234 1.9 12.2 10,097 4.8 6.4 13,381 1.8 12.4 9,723 4.7 6.6 13,512 1.7 12.6 9,331 4.6 6.8 13,625 1.6 12.8 8,921 4.5 7.0 13,721 1.5 13.0 8,494 4.4 7.2 13,880 1.4 13.2 8,050 4.3 7.4 13,861 1.3 13.4 7,588 4.2 7.6 13,904 1.2 13.6 7,109 4.1 7.8 13,930 1.1 13.8 6,612 4.0 8.0 13,939 1.0 14.0 6,098 3.9 8.2 13,930 0.9 14.2 5,567 3.8 8.4 13,904 0.8 14.4 5,018 3.7 8.6 13,861 0.7 14.6 4,452 3.6 8.8 13,800 0.6 14.8 3,868 3.5 9.0 13,721 0.5 15.0 3,267 3.4 9.2 13,625 0.4 15.2 2,648 3.3 9.4 13,512 0.3 15.4 2,012 3.2 9.6 13,382 0.2 15.6 1,359 4.2.5 Impervious Surface and Lot Size Requirements for Non-Residential Uses Unless otherwise noted in the Table below, minimum lot sizes shall be in conformance with the underlying zoning district. 18 TABLE 4.2.6: IMPERVIOUS SURFACE REQUIREMENTS(NON-RESIDENTIAL) DISTRICT IMPERVIOUS SURFACE/DETENTION •. . REQUIREMENTS UNIV-CA 5-acre minimum lot size,with potential of up to five lots as small as two acres for lots of record September 1, CANE-CA 2015(University Lake)or October 19, 1999 (Cane Creek); AND 6% impervious surface limit. [1], 2 U-ENO-CA 2-acre minimum lot size AND 6% impervious surface limit. [1], [2] 5-acre minimum lot size with potential of up to five lots as small as two acres for lots of record September 1, 2015(University Lake)or October 19, 1999 (Cane Creek); AND UNIV-PW 50% ISR for all fire stations and solid waste collection centers;AND CANE-PW 12% ISR for all other non-residential uses;AND on-site infiltration of the first inch of stormwater runoff;AND a limit of 1.0%of the watershed for non-residential use 139 acres in CANE-PW . 1], [2 2-acre minimum lot size AND 50% ISR for all fire stations and solid waste collection centers;AND LITTLE-PW 12% ISR for all other non-residential uses; AND on-site infiltration of the first inch of stormwater runoff;AND a limit of 1.0%of the watershed for non-residential use 406 acres in LITTLE-PW . [11, 2 70% ISR in Economic Development, Commercial and/or Commercial-Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan (high-density option)with Stormwater Management Plans (SMPs)and/or Stormwater Control Measures (SCMs)if ISR exceeds 12%; AND 50% ISR for all fire stations and solid waste collection centers outside of Commercial and/or Commercial- U-ENO-PW Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan,with Stormwater BACK-PW Management Plans (SMPs)and/or Stormwater Control Measures(SCMs)if ISR exceeds 12%; AND 12% ISR for all other non-residential uses outside of Commercial and/or Commercial-Industrial Nodes as designated in the Land Use Element of the Comprehensive Plan; AND on-site infiltration of the first inch of stormwater runoff;AND A limit of 1,151 acres of non-residential use throughout U-ENO-PW(5.0%)and 163 acres throughout BACK-PW 1% . [1], [2] 50% ISR for all fire stations and solid waste collection centers; AND HYCO-PW 12% ISR for all other non-residential uses;AND FLAT-PW on-site infiltration of the first inch of stormwater runoff;AND limit of 1%of the watershed for non-residential use 37 acres in HYCO-PW, 66 acres in FLAT-PW . [1], 2 70% impervious surface,with structural SCMs required when impervious surface exceeds: L-ENO-PW 24% (w/curb and gutter); or 36% w/o curb and gutter). [1], [2] HAW-PW 24% impervious surface limit. [1], [2] JORDAN-PW [1]Allowable impervious surface area may be modified in accordance with Section 4.2.8 of the UDO. [2] Regardless of the proposed amount of impervious surface area, a Stormwater Management Plan (SMP)and/or a Stormwater Control Measure (SCM)may be required in accordance with applicable local and State standards based on proposed land disturbance and/or a project exceeding impervious surface thresholds as identified herein. NOTE: Non-residential use impervious acreage limits in watershed with such limits are calculated using the actual amount of impervious surface for non-residential uses throughout the watershed, not by the overall number of acres of non-residential parcels located in a particular watershed. (A) Hillsborough Economic Development District (1) The Hillsborough Economic Development District is located within the Lower Eno - Unprotected watershed. Within the Hillsborough Economic Development District, as designated in the Land Use Element of the Comprehensive Plan, the maximum impervious surface ratio is 50%with Stormwater Control Measures (SCMs). 19 4.2.6 Placement of Streets, Driveways, and Buildings (A) Streets, driveways, and buildings or other structures shall be located, to the extent reasonably possible, so as to take full advantage of the absorptive capacity of the soils on which they are to be situated and to avoid the following environmentally sensitive areas: (1) Stream buffer zones as required by Section 6.13; (2) Wetlands as defined by the U.S. Army Corps of Engineers; (3) Land with slopes greater than 15%; and (4) Natural areas as identified in the Inventory of Natural Areas and Wildlife Habitats of Orange County, NC. (B) To avoid creating lots that will be difficult to build upon in compliance with the standards of this Section, the preliminary plan shall show proposed building envelopes and approximate driveway locations for all lots within subdivisions. (1) A zoning compliance permit shall not be issued for the construction of buildings or driveways outside the areas so designated on the preliminary plan unless the Planning Director makes a written finding that the proposed location complies with the provisions of this Section and Sections 6.13 (Stream Buffers)and 6.14 (Stormwater Management). 4.2.7 Modifications of the Impervious Surface Ratio Modifications of the Impervious Surface Ratios may be requested through one of the following provisions: (A) Through variance procedures of the Board of Adjustment, as described in Section 2.10. (B) Through approval and recordation of a conservation agreement, as provided in Article 4 of Chapter 121 of the N.C. General Statutes, between Orange County and a land owner that prohibits development of land in a protected watershed in perpetuity, subject to the following: (1) A modification of the required impervious surface ratios may be approved administratively but only to the extent that additional land in the same watershed is conserved or protected from development. (2) The land which will be subject to a conservation agreement must be adjacent to the land proposed for development and for which a modification of the impervious surface ratios is sought. (a) As an example, a person owning a 40,000 square foot lot and subject to a 12% impervious surface ratio would be limited to 4,800 square feet of impervious coverage. If the person's plans called for 5,500 square feet of coverage (a difference of 700 square feet), the recording of a conservation easement on 5,833 square feet of contiguous property would satisfy the impervious surface ratio requirements. (12% of 5,833 square feet is 700 square feet.) (b) The conservation easement shall describe the property restricted in a manner sufficient to pass title, provide that its restrictions are covenants that run with the land and, be approved in form by the County Attorney. (c) The conservation easement shall, upon recording, be in the place of a first priority lien on the property (excepting current ad valorem property taxes)and shall remain so unless, with the approval of Orange County, it is released and terminated. 20 (d) Orange County shall require the priority of the conservation easement to be certified by an attorney-at-law, licensed to practice law in the State of North Carolina and approved to certify title to real property. (e) Orange County approval of a release or termination of the conservation agreement shall be declared on the document releasing or terminating the agreement. The document shall be signed by the Orange County Manager, upon approval of the Board of County Commissioners. No such document shall be effective to release or terminate the conservation agreement until it is filed for registration with the Register of Deeds of Orange County. (C) Through approval (by Orange County)and recordation (by the land owner(s)) of a Declaration of Impervious Surface Re-Allocation form (provided by Orange County)and a corresponding scaled exhibit map. The Declaration of Impervious Surface Re-Allocation form and corresponding scaled exhibit map must clearly describe the proposed site modifications, inclusive of the allowable impervious area(s)for each affected lot(in square feet), the amount of existing impervious area(s)for each affected lot(in square feet), and the amount of proposed impervious area(s)to be permanently added and/or removed for each affected lot. The applicant must provide evidence that the proposed impervious surface re-allocations are within the same watershed and within the same tier of that watershed (e.g. critical, protected, unprotected). (D) Through the installation of a Stormwater Control Measure (SCM), consistent with the minimum design standards as detailed within the most current version of the North Carolina Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062 and the most current version of the Department of Environmental Quality (NCDEQ) Stormwater Design Manual, and this Ordinance. (1) The proposed feature must be recognized by Orange County and the State as allowing for an increase in impervious surface area through an Infiltration System. (2) Under no circumstances may impervious surface area be increased by more than 3% of the total allowable area on the subject parcel through this process. (3) The property owner shall provide a stormwater assessment, completed by a licensed engineer, of the current property identifying its infiltration rates and carrying capacity as well as a comprehensive soil assessment for the property. (4) The development/design of the feature shall be in accordance with established design criteria as embodied within the most current version of the North Carolina Administrative Code Title 15A, Subchapter 02H, Sections .1000 through .1062 and the most current version of the NCDEQ Stormwater Design Manual and shall be completed by a licensed engineer with expertise in stormwater management. Additional allowable impervious surface area shall be based on the soil composition of the property consistent with State regulations. (5) The property owner shall be responsible for the completion and submission of a stormwater operation/maintenance and access agreement detailing the perpetual maintenance, inspection, and upkeep of the approved SCM in accordance with Orange County and State regulations. 21 The Planning Director shall cause an analysis to be made of the agreement by qualified representatives of Orange County and other agencies or officials as appropriate. Once approved, the document shall be recorded at the Orange County Register of Deeds office. The property owner assumes all financial and legal responsibility for the perpetual maintenance and upkeep of the approved SCM. (6) The property owner shall assume all costs associated with the preparation and recordation of new plat(s)/development restrictions detailing the allowable impervious surface limit(s)for the property after the SCM has been approved by Orange County. (7) The property owner, at its cost and expense, shall be required to execute and file with Orange County a Performance Guarantee to cover the cost of removal of a SCM, and any additional impervious surface area installed as the result of its approval, in the event the SCM is failed to be maintained in accordance with the recorded operations agreement. The Performance Guarantee shall comply with the provisions of Section 6.22 of this Ordinance. (E) If an applicant satisfies all of the criteria of Section 4.2.4(A), they may elect to treat only the stormwater resulting from the net increase in built-upon area on a property above the preexisting development, as otherwise regulated by this Ordinance. 22 6.2 (Lot and Building Standards), 6.5 (Architectural Design Standards)and 6.6.4 (Major Transportation Corridor). 4.5.2 Applicability (A) This district is intended for all properties located north of the railroad tracks in a geographic area commonly referred to as "Efland" in accordance with the boundaries shown on the Orange County Zoning Atlas (B) The requirements of this Ordinance pertaining to the Efland Village Overlay District apply to all residential and non-residential land uses and developments in the designated district except for detached single-family residential land uses and developments. 4.5.3 Permitted Uses and Dimensional and Ratio Standards (A) Within the Efland Village Overlay District, uses of land and structures and Dimensional and Ratio Standards are those permitted in the underlying zoning district or districts. All other requirements for the use of land and structures contained in this Ordinance shall be met unless otherwise provided. (B) Setbacks and Building Height (1) In lieu of the front setback required in Article 3, the minimum front yard setback for properties fronting on U.S. Highway 70 shall be 30-feet. (2) In lieu of the front setback required in Article 3, the front yard setback for parcels located in the overlay district but not fronting on U.S. Highway 70 shall be in keeping with the front setback provided by adjacent uses. (3) The minimum side and rear setback shall be the width of the required Land Use Buffer(Section 6.8.6) or the setback required in Article 3, whichever is less, but in no case shall be less than 10-feet. (4) If Building Height Limitation modifications are pursued in accordance with Section 6.2.2(A), in no case shall building height exceed 40 feet. (C) Yard Encroachments (1) No fences shall be permitted in the front yard of lots used for non-residential uses unless a demonstrated need can be shown. (2) Fences located in the front yard of residential uses, other than single-family detached dwellings, shall be a maximum of five feet in height. SECTION 4.6: MAJOR TRANSPORTATION CORRIDOR 4.6.1 Intent (A) It is the intent of Orange County to protect and enhance those natural and environmental features which constitute important physical, aesthetic, recreational, and economic assets through the provision of special controls of public and private development along major transportation corridors. (B) The Board of County Commissioners finds as a fact that: (1) Major transportation corridors serve a key function in the orderly development of Orange County as major traffic movers, as well as serve as entrances to Orange County from outside the area. (2) These corridors and the character of the development which occurs along them establish for visitors and residents alike an indicator of the quality of life in the County, as well as the efficiency and safety of traffic movement through the area. 23 (3) In addition, the ability of different areas of the County to attract and accommodate different types of development depends on the capacity of the thoroughfare system and the character and quality of development along major corridors. (C) The Major Transportation Corridor district is intended to enhance the attractiveness and orderly development of land adjacent to major transportation facilities through the provision of a set of development standards and regulations for application to public and private development of land adjacent to these corridors. The major transportation corridors include the interstate system as designated in the adopted Comprehensive Plan. (D) The district establishes development standards (see Section 6.6.4) and a site plan review process for development within the district. (See Section 2.5). 4.6.2 Applicability (A) The Major Transportation Corridor(MTC) district is established as a district which overlays other zoning districts established in this Ordinance. The new use of any land or any new structure within the MTC district shall comply with the use regulations applicable to the underlying zoning district as well as the requirements of the MTC district. (B) The provisions, requirements and restrictions of this district shall not apply to the use of land within the district for structures regulated by the NC Residential Building Code&ege family or two family dwellings or to any building or structure existing prior to the creation of this district unless it is structurally altered to the extent of increasing the floor area by 50% or more or is enlarged to any degree to occupy a vacant lot. (C) This district shall be applied along any interstate highway in the County designated in the adopted Comprehensive Plan as such and to any proposed interstate highway designated in the adopted Comprehensive Plan as such. (D) The minimum length of the district shall be a continuous distance along the thoroughfare within the County's jurisdiction and outside of the extraterritorial planning jurisdictions of the Towns of Hillsborough, Chapel Hill, and Carrboro and the City of Mebane. (E) The minimum width of the district is 1,250 feet from the edge of the right-of-way measured along a line which is perpendicular to the edge of the right-of-way on each side of the roadway, except at interstate interchanges where the District shall extend 2,500 feet from the right-of-way on each side of the intersecting road. 4.6.3 Permitted Uses Within the Major Transportation Corridor(MTC) District, uses of land and structures are those permitted in the underlying zoning district or districts. All other requirements for the use of land and structures contained in this Ordinance shall be met unless otherwise provided. 4.6.4 Building Setback and Yard Requirements Building setback and required yard areas for the overlay district are as follows: (A) The front yard requirement shall be 100 feet from the edge of the right-of-way of an interstate highway or 50 feet from the edge of an intersecting road at an interstate interchange. (B) The rear yard requirement shall be 50 feet from the edge of the rear property line or 100 feet from the edge of the right-of-way of an interstate highway when a rear yard is adjacent to the interstate. (C) The side yard requirement shall be 50 feet from the side property line or 100 feet from the edge of the right-of-way of an interstate highway where the side property line is adjacent to the interstate. 24 SECTION 6.13.1 Purpose The purpose of the regulations included in this Section is to protect County water resources by establishing minimum buffers adjacent to streams, rivers, water bodies and other water features and limiting development and other Land-Disturbing Activities within those buffers. 6.13.2 Applicability The stream buffer regulations and standards contained herein shall be applicable to all streams and water features, as follows: (A) Streams identified by any of the following means: (1) Shown as solid blue lines or as broken blue lines on the USGS Quadrangle maps, (2) Shown as water feature in the Orange County Soil Survey, or (3) A water feature identified by a field determination of County staff trained in surface water identification through the North Carolina Division of Environmental Quality (NCDEQ). (B) Steam buffers shall extend around the perimeter of all water features if any portion of the stream buffer of a stream touches the water feature. Disputes pertaining to water feature decisions by County staff shall be filed directly to the NCDEQ. 6.13.3 Calculating Width of Stream Buffer (A) Special Flood Hazard Areas (1) Those streams identified by FEMA as having floodplains shall have stream buffers calculated from the outside edges of the 100-year floodplain. (B) Calculating Slope Value (1) Draw 250' length perpendicular lines, at 200-foot horizontal intervals along the entire length of the outside edges of the stream, or the outer edge of the FEMA floodplain, whichever is greater. (2) Determine the elevation at either the stream bank or the outer edge of the FEMA floodplain, whichever is highest (Elevation 1), and at the point 250' from the stream or FEMA floodplain, whichever is applicable, along the perpendicular line (Elevation 2). (3) Subtract Elevation 1 from Elevation 2 for the Difference. (4) Divide the Difference by 250 for the Mean. (5) Multiply the Mean by 100 to determine the "Slope Value". (6) Perform this calculation for both sides of the stream or floodplain. 25 Figure 6.13.13.B: Stream Buffer Slope Value Calculation 0 G OElevation at Stream Bank Stream 0 Q O Elevation at FEMA Floodplain Edge 250'0I 14 250' 0 C C C C C Q 'O m m 0O 0 200' 0 0 200' 1 a � v Stream Q1 w W W W i 250' 250' 15 o v v rn w n w Slope Value = � 25 0 � X 100 (C) Method A—Stream Buffer Based on Slope and Groundcover (1) The width of the buffer shall be a minimum of 50 feet from each edge of the floodplain or stream bank. (2) An additional 15 feet shall be added to the 50-foot buffer(65 feet total)where the slope value is less than 7.5%, as measured 250 feet from the edge of the floodplain or stream bank. (3) For slope values 7.5% and greater, as measured 250 feet from the edge of the floodplain or stream bank, an additional 30 feet shall be added to the 50-foot buffer(80 feet total). (4) These calculations shall be made for both sides of either the stream bank or floodplain, whichever is greater. (D) Method B -Stream Buffer Based on Slope and Groundcover BASEDTABLE 6.13.3.11):STREAm BUFFER WIDTH ON •• -• - WOODSTYPE OF GROUNDCOVER SLOPE VALUE GRAss(FEET) 2 to 4.9 100 50 5 to 9.9 150 100 10 to 14.9 200 100 15 or greater 250 150 [1] In addition to the buffer zone resulting from the calculations below, a stream buffer shall include any portion of a floodplain as defined in this Ordinance, by special survey by a registered engineer or surveyor, or by alluvial soils as designated in the Orange County Soils Survey. [2]The required stream buffer zone shall not be limited to one calculation, but shall be based on calculations made at points where topographical and ground cover conditions change based on an analysis of the site. 6.13.4 Minimum Buffer Widths for Watershed Protection Overlay Districts (A) University Lake Critical Area (UNIV-CA) 26 (1) The buffer width adjacent to streams shall be calculated for both Method A and Method B, and at any given point along the stream, the width of the buffer shall be the larger of the two. (2) The same method shall be used to calculate the buffer around the reservoir itself. New structures shall be located at least 150'from the reservoir or outside of the stream buffer, whichever is greater. (B) University Lake Protected Watershed (UNIV-PW) (1) The buffer width shall be calculated for both Method A and Method B, and at any given point along the stream, the width of the buffer shall be the larger of the two. (C) Cane Creek Critical Area (CANE-CA) & Upper Eno Critical Area (U-ENO-CA) (1) The buffer width adjacent to streams shall be the width calculated using Method A. (2) Method A shall also be used to calculate the buffer around the reservoir itself. New structures shall be located at least 150'from the reservoir or outside of the stream buffer, whichever is greater. (D) Upper Eno Protected (U-ENO-PW), Lower Eno Protected (L-ENO-PW) & Back Creek Protected (BACK-PW) (1) The buffer width shall be as calculated using Method A, or 150', whichever is less, except where density exceeds 1 du/ac and impervious surface exceeds 12%. (2) Where density exceeds 1 du/ac and impervious surface exceeds 12%, the buffer width shall be calculated as above, but shall not be less than 100'. (E) Cane Creek Protected (CANE-PW), Little River Protected (LITTLE-PW), South Hyco Creek Protected (HYCO-PW), Flat River Protected (FLAT-PW), Haw River Protected (HAW-PW) &Jordan Lake Protected (JORDAN-PW) (1) The buffer width shall be the width calculated using Method A, or 150', whichever is less. 6.13.5 Areas Outside of Watershed Protection Overlay Districts (A) In areas not identified on the Official Zoning Atlas as Watershed Protection Overlay Districts, a stream buffer a minimum of 50 foot in width shall be established along both sides of streams identified n r confirm 6.13.2. (B) Stream buffers for coil Survey streams shall only be calculated using Method A as explained in Section 6.13.3. 6.13.6 Uses Allowable Within Stream Buffers (A) General Standards (1) Prior to any Land-Disturbing Activity within a designated stream buffer, the property owner shall provide written notification of the location and nature of the proposed use to the Planning Department for review. The notification shall state that the use shall be designed, constructed, and maintained to minimize soil disturbance and to provide the maximum water quality protection practicable. (2) All Land-Disturbing Activities within a designated stream buffer require approval of the Erosion Control Officer in accordance with applicable State and local regulations, as well as all other required local, State and/or Federal permits and approvals prior to commencement of Land Disturbing Activities. (3) The submittal of additional information and/or applications may be required prior to any Land Disturbing Activity within a designated stream buffer, in accordance with the provisions of this Ordinance. 27 (B) Additional Standards for Allowable Uses With Mitigation (1) Development proposals shall be submitted and reviewed in accordance with this Ordinance and all applicable State regulations. (2) Mitigation shall be provided in accordance with adopted State standards and shall be approved and inspected by the Erosion Control Officer or his/her designee. (C) Allowable Uses The following uses are allowed as a matter of right in stream buffers, subject to the General Standards established in Section 6.13.6(A), and any specific standards for the use: (1) Above-ground and buried utility lines for local distribution of electricity, telephone, data, and cable television service, as well as accessory and appurtenant apparatus such as poles, guy wires, transformers and switching boxes. (2) Individual or community wells. (3) Public water and sewer lines are permitted only as allowed by the Orange County Water and Sewer Policy, and may be located within stream buffers only to the extent necessary to cross the stream buffer as closely as possible to perpendicular. Individual or community wastewater disposal systems are not permitted in stream buffers. (4) Public and private streets, bridges, railroad rights-of-way, and other similar travel ways, provided that they enter and exit the buffer area as nearly perpendicular as possible. (5) Archaeological activities/projects conducted in accordance with all applicable County, State and Federal regulations. (6) Dam/reservoir maintenance activities. (7) Maintenance of existing outfalls provided they are managed to minimize the sediment, nutrients, and other pollution that convey to waterbodies. (8) Driveway crossings on single-family residential lots that disturb less than, or equal to, 25 linear feet or 2,500 square feet of stream buffer. (9) Greenways and/or hiking trails six feet in width composed of natural materials at least 30 feet from the top of bank of a stream or water body. (10) Historic preservation projects/activities. (11) Periodic maintenance of modified natural streams, such as canals, and a grassed travel way on one side of the surface water when alternative forms of maintenance access are not practical. (12) Public water and sewer lines that do not disturb over 40 linear feet. (13) Stream restoration and/or stream bank stabilization. (14) Wetland restoration, in accordance with all applicable County, State and Federal regulations. (15) Vegetation management, including but not limited to: (a) Emergency fire control measures provided that topography is restored; (b) Planting vegetation to enhance the riparian buffer; (c) Pruning forest vegetation provided that the health and function of the forest vegetation is not compromised and the pruning activity is conducted by hand; 28 Regulatory flood protection elevation The Base Flood Elevation plus the Freeboard establishes this elevation. In Special Flood Hazard Areas where Base Flood Elevations have been determined, this elevation shall be the Base Flood Elevation plus two feet of freeboard. In Special Flood Hazard Areas where no BFE has been established, this elevation shall be at two feet above the highest adjacent grade. Regulatory flood protection elevation is interchangeable with "design floods". Remedy a violation To bring the structure or other development into compliance with State and Orange County laws and regulations. In terms of compliance with Orange County floodplain management regulations, the term shall also include reduction of the impacts of a development's noncompliance including protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing federal financial exposure with regard to the structure or other development. Repetitive loss Flood-related damages sustained by a structure on two separate occasions during any ten year period for which the cost of repairs at the time of each such flood event, on the average, equals or exceeds 25% of the market value, or the tax value in the absence of recent comparative sales, of the structure before the damage occurred. Research Facility With Manufacturing An enclosed structure which accommodates research and research applications as well as related light industrial uses. Facilities may include laboratories, offices, other facilities for research and development, and production facilities. Research Facility Without Manufacturing An enclosed structure which accommodates research and research applications. Facilities may include laboratories, offices, and other facilities for research and development, as well as prototype production facilities for product creation. Prototype production shall be limited in scale to that necessary to fully analyze the merits of the product Reservoir, Class I A body of water, such as a pond or lake, confined by a dam or other barrier to be used for public water supply from which water flows by gravity or is pumped directly to a treatment plant or to a small intervening storage basin and thence to a treatment plant. Reservoir, Class II A body of water, such as a pond or lake, confined by a dam or other barrier to be used for public water supply from which water flows by gravity or is pumped to a Class I reservoir prior to final entrance to a water treatment plant. Residential Development Buildings for residential use such as attached and detached single family dwellings, apartment complexes, condominiums, townhouses, cottages, and their associated outbuildings such as garages, storage buildings, and gazebos. Residential Floor Area The sum of areas for residential use on all floors of the building measured from the outside faces of the exterior walls, including halls, lobbies, stairways, elevator shafts, enclosed porches and balconies, and below-grade floor areas used for habitation and residential access. Not countable as floor area are: a) Open terraces, patios, atriums, or balconies b) Carports, garages, breezeways, toolsheds c) Special-purpose areas for common use of occupants, such as recreation rooms of social halls d) Staff space for therapy or examination in care housing e) Basement space not used for living accommodations 29 ORANGE COUNTY PLANNING BOARD ACTION AGENDA ITEM ABSTRACT Meeting Date: April 3, 2024 Action Agenda Item No. 4 SUBJECT: Unified Development Ordinance Text Amendment— Landscaping Standards DEPARTMENT: Planning and Inspections ATTACHMENT(S): INFORMATION CONTACT: 1. Proposed UDO Text Amendments (excerpt) Cy Stober, Director (919) 245-2592 PURPOSE: To review and make a comment upon a County-initiated text amendments to the Unified Development Ordinance (UDO) Landscaping standards to allow for better achievement of established UDO and 2030 Comprehensive Plan goals, clarify language for improved administration and enforcement, and to reflect contemporary best professional standards. BACKGROUND: The Orange County Planning Department is initiating an amendment to the UDO Landscaping standards, as found in Section 6.8 "Landscaping, Buffers & Tree Protection". The proposed amendment are intended to be comprehensive in addressing overly complex text, improved interpretation and application for both staff and applicants, and to resolve concerns addressed in Arter v. Orange County. FINANCIAL IMPACT: There are no costs associated with this project other than the use of staff time and the required legal advertisement for the text amendment's public hearing. County staff has and will continue to accomplish the necessary tasks associated with amending the UDO and the legal advertisement will be paid from budgeted funds for this purpose. RECOMMENDATION(S): The Planning Director recommends the ORC review the proposed amendment and provide any feedback to staff. 30 (C) Development Standards (1) Dimensional Requirements (a) There are no minimum lot sizes within the MPD-CD district; However, the Master Plan will set forth the individual lot setbacks in accordance with the General Dimensional Requirements established herein. STANDARDSTABLE 6.7.5.C:SPECIFIC . - HILLSBOROUGH LOT MAXIMUM MAXIMUM ZONING SIDE IMPERVIOUS HEIGHT DISTRICT AREA WIDTH FRONT REAR ONE SURFACE (FEET) (ACRE) (FEET) (FEET) (FEET) SIDE COMBINED STREET MINIMUM ZONING MINIMUM SETBACKS MPD-CD - 200 60 40 20 40 40 50 60 (b) Single-family and duplex residential uses following the flexible development guidelines established in Section 7.13 of this Ordinance, may reduce the minimum setbacks by 50% and the lot width by 60%. (2) Internal Access (a) All outparcels within the MPD-CD district shall have internal access to the development. (b) All parcels shall provide for interconnectivity between parking areas if determined necessary by staff. (3) No drive through facilities may be constructed in this district. (4) Consideration of lower cost and affordable housing shall be incorporated into any mixed use development. (5) A justification for any deviation to development standards must state a public benefit or purpose. (D) Plan Approvals (1) If a MPD-CD rezoning application is approved with a Master Plan, the approval does not obviate the need to obtain site plan approval for the individual "pods"/lots shown on the Master Plan in accordance with the provisions of this Ordinance. (2) If any nonresidential use is located within two hundred feet of a property line of an existing dwelling unit located on a lot smaller than 2 acres in size, an appropriate Conditional District must be approved.. See Section 5.21.2 for standards for uses requiring Conditional District approval. (3) A site plan shall not be accepted by staff for review until the MPD-CD Master Plan has been approved. SECTION : TREE PROTECTION 6.8.1 Purpose and Intent The standards of this section provide for the preservation of existing vegetation and for the installation and maintenance of new vegetation and other landscape architectural features. The purpose of these standards is to: (A) Protect, preserve, and enhance the visual appeal, character, and value of Orange County; 31 (B) Enhance the beauty of the built environment; (C) Enhance the privacy and welfare of citizens by separating incompatible land uses; (D) Allow for the ecological benefits provided by plant materials including: protection of land from erosion and stormwater runoff; minimize noise, water, light and air pollution; mitigation of the heat island effect; recharging of aquifers; and protection and enhancement of wildlife habitats; and (E) Preservation of natural forested tree areas. 6.8.2 Applicability The landscaping and buffering standards of this section shall apply to all proposed regulated and permitted land development for which a site plan, special use permit, MPD-CD Master Plan, preliminary plat in the Gase of major subdivisions plot plan, or a final plat in the rase of Miner s,,hT is required excepting those administered by exempt and expedited process, as provided by Sections 7.2.1 and 7.2.2 of this Ordinance. If the use-specific standards of Article 5 specify differing landscaping standards, those shall prevail over those provided herein. 6.8.3 Variations (A) In some cases the strict adherence to this section of the Ordinance would serve no useful purpose, in which case the Planning Director, may modify the buffer and landscape standards of this Section where: (1) The topography of a site and/or the size of a proposed lot are sufficient to serve the purpose of a buffer; (2) Existing structures, utilities, gardens or active farmland are located in the buffer or setback areas; (3) Existing vegetation is damaged, unhealthy, or poses a safety threat; or (4) An existing residence or structure with established lawn areas and/or plant beds is contained within a proposed subdivision lot. (B) The Planning Director may require alternative buffers or landscaping, including locations other than those typically required, when a modification to the requirements of this section is warranted in order to meet the intent of the specified standards. (C) When a proposed lot includes one or more of the conditions listed above, the Planning Director is empowered to waive the requirements for screening or additional landscaping provided that the request is submitted in writing stating the reason and rationale for such request, and the spirit and intent of this Ordinance is achieved. 6.8.4 Protection of Existing Vegetation (A) Tree Protection Areas There are two tree protection areas defined as follows: (1) Primary Tree Protection Area Front, side and rear yard setback areas; Stream Buffers; and Land Use Buffers as required by this Ordinance. If no side and/or rear setbacks are required, the Primary Tree Protection Area shall be ten feet in width as measured perpendicular to the existing and/or proposed lot line(s). (2) Secondary Tree Protection Area Any portion of a lot not included within the Primary Tree Protection Area. (B) Protective Measures 32 (1) Existing trees, regardless of size, shall not be cut or otherwise damaged or destroyed within a primary tree protection area except as shown on an approved Landscape and Tree Preservation Plan, plot plan, or site plan. (2) Existing native, non-invasive and drought tolerant trees having a diameter of aoe foot 24 inches or greater, as measured at diameter breast height (dbh), shall not be cut, damaged or destroyed within a secondary tree protection area except as shown on an approved Landscape and Tree Preservation Plan, plot plan, or site plan . (3) During construction activities, adequate protective measures shall be provided to minimize damage to existing trees and other vegetation. (4) All tree protection fencing shall be installed prior to any grading, construction traffic or activity taking place on site. (5) Logging mats shall be used in areas where drip lines or critical root zones may be disturbed during construction. (6) Signs in English and Spanish shall be posted identifying the tree protection areas and shall state the area is not to be disturbed. Such protective devices shall effectively protect the critical root zones, trunks, and tops of trees to be retained and shall be maintained until all work has been completed. (7) Construction traffic, storage of vehicles and materials, soil compaction, filing, and grading shall not take place within the drip line of trees to be preserved. (8) Construction access to a site should be located where an existing or proposed entrance/exit is located. (9) A stabilized open area should be designated for storage of materials (including stockpiling of soil and gravel) and for parking construction vehicles and equipment. (C) Mitigation Where grading within a critical root zone of a tree cannot be avoided, the following measures shall be used to maintain the life of the trees affected by grading: (1) Avoid cut and fill around the entire circumference of the trunk of the tree; (2) Root prune a tree several months prior to any cuts within the critical root zone; (3) Prune tree limbs in an amount, which reflects the area of the roots to be severed, but in no case allow pruning to exceed 25% of the tree crown. Fertilize, if necessary and water the undisturbed root area of the tree; (4) Trees that are marked for preservation and for which utilities must pass through their critical root zones shall not have surface-dug trenches; and (5) Utilities shall be bored through critical root zone areas. Shared utility easements or trenches are encouraged. 6.8.5 Landscaping Standards (A) General Design Guidelines The following are guidelines and should be included where possible in the landscape plan,and shall be balanced against other objectives of this Section when reviewing a landscape and tree preservation plan. (1) The use of potable water sources to irrigate should be minimized by utilizing rainwater or other allowable systems. (2) Native, non-invasive, and drought tolerant species should be arranged into zones according to their water needs, by employing xeriscaping. 33 (3) Landscaping in the rural zoning districts (RB, AR and R1)should be clustered be consistent with existing or dedicated Common Open Space and/or recreational areas to provide a more natural look. More formal arrangements are possible in the medium and high density residential districts as well as the commercial, 4R d6 istroal and economic deyel„pme + non-residential zoning designations, including NR-CD. (5) Landscaping shall not be located on any portion of a public or private drainage or utility easement. Site landSGap;Rg should not GGRfIiGt with „tility plaGomon+ (6) Plant placement in buffers may include clustering; however, such clustering should be reflected in plant placement that provides the maximum protection of neighboring properties. (7) Crime Prevention through Environmental Design (CPTED), as outlined by the National Crime Prevention Institute, should be considered when laying out sites to maximize public safety. (8) If there is existing, healthy, natural native, non-invasive and drought tolerant vegetation in the area of a required buffer and greater than 24" inches dbh, it must be preserved. If the vegetation is removed for any reason, other than in accordance with an approved landscape and tree preservation plan, the dimensions of the buffer within the impacted area shall be increased 50% and the number of required plantings shall be increased 50%. (9) The drip line of trees within a required buffer must be protected if the applicant seeks credit for preservation of existing trees. For example, if a required buffer has a dimensional width of 30 feet, and the drip line extends beyond the 30 feet, the buffer will be extended to the edge of the drip line in the area around the tree. (B) Basic Plant Types There are five basic plant types referred to in this section, and all shall require the use of locally-adapted plants. They include canopy trees, evergreen trees, deciduous understory trees, evergreen understory trees and shrubs, defined as follows: (1) Canopy Trees Large deciduous shade trees with a mature height of 30 feet or greater and a mature spread of 30 feet or greater. (2) Evergreen Trees Trees at least 20 feet tall at maturity usually having green foliage throughout all seasons of the year. (3) Deciduous Understory Trees Small deciduous trees or large deciduous shrubs with a mature height of 10 to 30 feet, except under overhead utilities, where lower heights at maturity may be required. (4) Evergreen Understory Trees Trees or large shrubs at least ten feet tall at maturity that usually have green foliage throughout all seasons of the year (5) Shrubs (Deciduous and Evergreen) 34 Prostrate or upright woody plants, either evergreen or deciduous, with a mature height usually less than ten feet. Evergreen shrubs usually have green foliage throughout all seasons of the year. (C) Plant Material Requirements Unless specified elsewhere in this Ordinance, plant material shall meet the following minimum requirements listed below. When determining the quantity of plant material required, the quantity shall always be rounded up to the nearest whole number. (1) Plant Materials, General All plant material shall meet or exceed size and shape relationships specified in the latest edition of The American Standard for Nursery Stock published by the American Association of Nurserymen. (2) Trees (a) Canopy Trees (i) Canopy trees shall have a minimum size of two-inch caliper at time of planting. (ii) Canopy trees shall be planted at least 18 feet apart. (b) Evergreen Trees (i) Evergreen trees shall have a minimum height of eight feet at the time of planting. (c) Deciduous Understory Trees (i) Deciduous understory trees with single stems shall have at a minimum size of one-inch caliper and a minimum height of eight feet at the time of planting. (ii) Multi-stemmed deciduous understory trees shall have a minimum height of eight feet at the time of planting. (iii) Deciduous understory trees shall be planted at least 12 feet apart. (d) Evergreen Understory Trees (i) Evergreen understory trees shall have a minimum height of six feet at the time of planting. (e) Mixing of Tree Species When ten or more trees are required to be planted on a site to meet these regulations, a mix of species shall be provided. The following table indicates the maximum percentage of trees of the same genus and species that may be planted. TABLE 6.8.5.C.2: PLANTING MATERIAL, MIXING OF REQUIREDTOTAL TREES PLANTED MIN SPECIES OF ONE ON SITE SPECIES 11 to 20 Trees 3 40% 21 to 40 Trees 4 35% 41 to 80 Trees 6 30% 81 to 150 Trees 8 25% Over 150 Trees 10 20% (3) Deciduous and Evergreen Shrubs 35 (a) All shrubs shall be cold hardy and heat tolerant. (b) Upright shrubs shall be a minimum of 15 inches in height at the time of planting. (c) Shrubs shall not be planted closer than three feet on center. Shrubs shall not be planted closer than three feet to planted trees, nor within six feet of existing protected trees; however, no more than 25% of the root protection zone of an existing tree may be disturbed with new plantings. (d) When planted as a hedge, the maximum spacing for 24-inch high deciduous shrubs shall be 36 inches on center. Spacing for other size shrubs shall be determined by the Planning Director or designee based on the proposed species. (4) Preferred Species The Planning Director shall maintain a list of plants by type and their preferred location or use on sites developed under this Section. The list shall include drought tolerant and native species (5) Prohibited Plants The Planning Director shall maintain a list of plants that are not permitted for any use due to their invasive tendencies. Such species shall not be planted as landscaping for any purpose. (D) Installation (1) The International Society of Arboriculture (ISA) maintains standards for tree plantings. All installations shall adhere to the standards published by the ISA. The Planning Director will have available the planting details as a booklet. (E) Maintenance (1) All plantings must be maintained in a healthy state. Should any vegetation that was required to meet the standards of this section die within two years of planting, the plants must be replaced with the same or comparable species. (2) The Planning Director may conduct inspections to monitor the health and status of the required landscaping. 6.8.6 Landscape Use Buffers (A) Purpose Landscape use buffers are intended to screen and buffer lower intensity/density uses from incompatible higher intensity/density land uses. Buffers reduce adverse visual effects, as well as noise, dust, and odor. (B) Applicability Landscape use buffers will be required based on the zoning district of the proposed use and the zoning district of the adjacent uses. (C) Location (1) Required landscape use buffers shall be located along the interior or street lot lines nearest the adjacent streets, Iand uses and/or zoning designations. Buffers shall not be located on any portion of an existing or proposed street right of way, drainage or utility easement unless allowed by an encroachment agreement with the owner of that easement. (2) No building or structure of any type shall be erected, constructed or installed in a required landscape use buffer. (D) Land Use Buffer Table 36 TABLE 6.8.6.D: LAND BUFFERS ZONING OF ADJACENT PROPERTIES RB,AR, R1 - A A B F E• F F € € 43 € a� R-2& R-3 A - A B F D F F € D a € Q o R-4& R-5 A A - B F GD E E € G a € IL R-8&R-13 B B B - F B D D € G a € HP-CD F F F F - F F F € € € € U) O/RM, NC-2, 0 LC-1 E D CD B F - - - € S S D U) CC-3, GC-4, F F E D F - - - F_ € € D o EC-5 c' El, 1-1, 1-2, 1-3, F F E E F - - - € D 9 D a PID N AS,ASE-CD D A A A F A A A € € B € Note: MPD-CD, R-CD, and NR-CD buffers to be determined at time of approval. (E) Natural Buffers )0pa \/eg—natural v etat area eef a requiredbuffer, T� h healthy, nere�s-exss h he tien ' d for other than in must be „�=Pegefa�r�s�-en,o=P��-a,,�T�,�^ aGG ordange with a approved landsgane anal tree p atiop plan, the dimensions of the buffer shall he increased 50% and the number of required plantings shall he increased 50% (2) The critical root zones of trees within the buffer must be protected Of the appliGaRt seeks credit for preservation of existing trees. For example Of_,a_required h offer has a dimensional width of 30 feet, and the critical root zone extends beyond the 30 feet, the buffer will he extended to the edge of the critical root zone On the area �e arond +he tree (3) If ReGessary, a natural bluffer will be SUPPIeMeRted with additional plantings order to meet the (`onotri Acted Ri P- standards established herein (F) Constructed Buffers (1) If existing plantings are not sufficient to meet the buffer standards established in this Section, additional plantings shall be installed. (2) The plant units listed below will be considered comparable, and therefore interchangeable, as set forth below. (3) Option 2, Deciduous, shall not be permitted when the proposed use is non- residential and is proposed next to a residential district or use, unless employed with a wall, as set forth herein. 37 DECIDUOUSTABLE 6.8.6.F: BUFFER TYPES BUFFER MINIMUM OPTION 1 OPTION 2 OPTION 3 OPTION 4 TYPE WIDTH MIXED Plant Material Required Per 100 Linear Feet 1 Canopy Tree 2 Canopy Tree 0 Canopy Tree 0 Canopy Tree 0 Evergreen Tree 0 Evergreen Tree 2 Evergreen Tree 0 Evergreen Tree 1 Deciduous 2 Deciduous 0 Deciduous 3 Deciduous A 20 Understory Understory Understory Understory 2 Evergreen 0 Evergreen 3 Evergreen 2 Evergreen Understory Understory Understory Understory 13 Shrubs Tree 12 Shrubs Tree 13 Shrubs Tree 10 Shrubs Tree 1 Canopy Tree 2 Canopy Tree 0 Canopy Tree 0 Canopy Tree 0 Evergreen Tree 0 Evergreen Tree 2 Evergreen Tree 0 Evergreen Tree 1 Deciduous 2 Deciduous 0 Deciduous 3 Deciduous B 30 Understory Understory Understory Understory 2 Evergreen 0 Evergreen 3 Evergreen 2 Evergreen Understory Understory Understory Understory 13 Shrubs Tree 12 Shrubs Tree 13 Shrubs Tree 10 Shrubs Tree 3anopy Tree Canopy Tree n Canopy Tree n Canopy Tree- 1 Eyerg FeeR Tree 1 Evergreen Tree 4Eyerg FeeR Tree n Eyerg FeeR Troo 2 DeGidLIn6 2 DeGidLIn6 n DeGidLIn6 7 DeGidLIG616 Understory Understory I lone;sto-y' Understory an Shrubs Tree do Shrubs Tree 48 Shrubs Tree Qn Shrubs Tree 6 Canopy Tree 7 Canopy Tree 0 Canopy Tree 0 Canopy Tree 1 Evergreen Tree 0 Evergreen Tree 7 Evergreen Tree 0 Evergreen Tree 4 Deciduous 10 Deciduous 0 Deciduous 12 Deciduous D 50 Understory Understory Understory Understory 9 Evergreen 0 Evergreen 16 Evergreen 9 Evergreen Understory Understory Understory Understory 5570 Shrubs Tree 5467 Shrubs Tree 5463 Shrubs Tree 4153 Shrubs Tree 6 Canopy Tree 8 Canopy Tree 0 Canopy Tree 0 Canopy Tree 1 Evergreen Tree 0 Evergreen Tree 8 Evergreen Tree 0 Evergreen Tree 4 Deciduous 11 Deciduous 0 Deciduous 13 Deciduous E 75 Understory Understory Understory Understory 10 Evergreen 0 Evergreen 17 Evergreen 10 Evergreen Understory Understory Understory Understory 77 Shrubs Tree 73 Shrubs Tree 74 Shrubs Tree 58 Shrubs Tree 7 Canopy Tree 10 Canopy Tree 0 Canopy Tree 0 Canopy Tree 1 Evergreen Tree 0 Evergreen Tree 10 Evergreen Tree 0 Evergreen Tree 5 Deciduous 13 Deciduous 0 Deciduous 16 Deciduous F 100 Understory Understory Understory Understory 12 Evergreen 0 Evergreen 20 Evergreen 12 Evergreen Understory Understory Understory Understory 85 Shrubs Tree 80 Shrubs Tree 83 Shrubs Tree 65 Shrubs Tree 6.87Plaa,Planting Requirements (A) Street Trees (1) Street trees shall be required along all new interior public and private streets or as specified in Table 6.8.7 but no less than at the rate of one canopy tree and one understory, either deciduous or evergreen, tree for every 65 feet of street frontage along exiStiRg and proposed pub;f,. a d private StFeetS RGt ir,,.ludiR alleys. 38 (2) To enhance the natural appearance in the rural areas of the County, canopy and understory trees shall be planted, and clustering is encouraged. However, there must be at least one tree every 100 feet of street frontage. (3) In all developments subject to the provisions of this section, the developer shall either retain or plant trees within the front yard setback along all existing and proposed street frontages, public and private, except for alleys. (4) If a conflict exists with public utilities, alternate plantings consisting of a greater number of understory trees will be permitted. (5) Street trees shall be of a species included on the Planning Director's list of acceptable street tree species. (B) Street Tree Planting Table RB,AR, R1 F E B A R-2 &R-3 F D B A a� 0 R-4&R-5 F DC B B R-8& R-13 F Dr— B D HP-CD F ED D D U) 0 O/RM, NC-2, F B B B a) LC-1 U) L CC-3, GC-4, EC-5 F B B D 0 0 o El, 1-1, 1-2, 1-3, PID F B B D N r— AS,ASE-CD F B B B Note: MPD-CD, R-CD, and NR-CD buffers to be determined at time of approval. (C) Between Lot Plantings (1) Where a landscape use buffer is not required, a landscape area ten feet in width exclusive of drainage and/or utility easements shall be provided along the interior side and rear lot lines of each lot being developed. If there are no existing trees, the developer shall provide a minimum of one tree per one thousand square feet of land contained within the ten foot landscape area. 39 Figure 6.8.7.B: Between Lot Plantings Rear Lot Line ®Required Rear i Landscape Buffer c Area ® Required Interior O Side Landscape rD Buffer Area rp Future M. ®Existing Trees Structure O cn a m O r rD Front Yard Setbac EXAMPLE: If a 40,000 square foot lot has a dimension of 150 feet,the depth of the lot would be 266 feet(minimum lot size and width). Not included for the purposes of the calculation is the 40 foot front yard setback(typical)or the 10 foot rear line landscape area. The remaining side lot line dimension would be 216 feet, multiplied by the 10 foot width of the landscape area. 2160 square feet,divided by 1,000 results in 2.16 trees,or 2 trees. (D) Foundation Plantings (1) A minimum of a five foot landscape area must be planted around the entire front foundation and sides visible from the public rights-of-way of non-residential structures to blend the architecture into the site and to accent entrances. Vegetation of varying heights and textures shall be placed along walls and fences to soften the planes. (2) If a landscape area around the foundation is not possible, as in the case of existing buildings and parking, landscape planters should be incorporated into the store frontage to functionally screen the foundation from public view from adjoining properties and the dedicated right of way. This can be done by means of raised planters, sidewalk cutouts, or portable planters. (E) Landscaping of Vehicular Use Areas (1) Perimeter Buffer (a) A landscape area at least ten feet in width, exclusive of drainage and/or utility easements, shall be provided between the vehicular use areas and the right of way or adjacent property line, except where permitted driveway openings are to be provided. (b) In addition to the trees required on-site, a hedge of at least three feet in height at maturity shall be installed to provide a continuous opaque landscape barrier for the purpose of reducing glare and visual distractions to passing motorists and to adjacent properties. Berms and/or fences or a combination of all three may also be utilized. (c) For securitym purposes, hedges, berm and/or fences shall not exceed throe and one half foot when adjacent to public rights of ways. (d) The provisions of this subsection shall not be applicable in the following situations: 40 (i) Where any off-street parking, loading or other vehicular use area will be entirely screened visually, from any point of view, by an intervening building or structure from abutting property; (ii) When differences in topographic elevation eliminate the visual impacts of the off-street parking, loading or other vehicular use areas to adjacent roads or properties; and/or (iii) Where planting and/or fencing is required for screening between certain non-compatible land uses. (2) Interior Landscaping (a) All Off-Street Parking Areas The following landscaping requirements shall apply to all off-street parking areas: (i) Under no circumstances may any parking space be located more than 60 feet from the trunk of a canopy tree. (ii) All trees and other landscape materials required shall be installed in accordance with the provisions of this Section. (b) Off-Street Parking Areas With More Than Ten Spaces In addition to the requirements established in subsection (a) above, the following interior landscaping requirements shall apply to all off-street parking areas with more than ten parking spaces and within the interior of the parking area. (i) Terminal Islands a. No more than ten parking spaces shall be permitted in a continuous row without being interrupted by a terminal landscape island. b. Terminal Islands shall have a minimum of 300 square feet. C. Each terminal landscape island shall be planted with a minimum of one canopy tree, as well as shrubs, and ground cover in accordance with the following detail. (ii) Minimum Landscaped Area a. Not less than 5% of the interior of any parking, loading or other vehicular use area shall be landscaped. b. The location of the required interior landscaping is at the option of the owner or developer and may include median strips and required terminal islands. 41 Figure 6.8.7.D:Vehicular Use Area Landscaping,Terminal Islands 0 20' Q No more than ten parking spaces shall 90 feet 9' I be permitted in a continuous row without being interrupted by a terminal landscape island. Q © Terminal islands shall have a minimum of 300 square feet and be planted with a minimum of one canopy tree,as well as shrubs and ground cover. © Not less than 5%of the interior of any parking,or other vehicular use area shall be landscaped. Q A landscaped area of at least 10 feet in width shall be provided between the vehicular use area and the right-of-way. 6.8.8 Credits for Existing Vegetation (A) Healthy vegetation that is retained may be credited toward landscaping requirements. (B) Vegetation to be saved shall meet all requirements of Section 6.8.4, Protection of Existing Vegetation. (C) Healthy canopy trees may be retained and credited toward landscaping requirements if each tree proposed for credit has a caliper of at least two inches, and credit will be given on a one-for-one basis. (D) Credit shall be allocated on a one-for-one basis for healthy evergreen trees, deciduous understory trees, evergreen understory trees or shrubs. The size of material shall not be taken into account except where such material is below the required minimum planting size, in which case no credit shall be granted. (E) In order to receive credit for any retained trees, 100% of the critical root zone shall remain undisturbed. Trees with critical root zones outside the protected area shall not count toward any landscaping requirements unless consistent with Section 6.8.6(E)(2). 6.8.9 Screening (A) Applicability (1) The standards contained herein shall apply to the following elements of all multifamily or non-residential development: (a) Air handlers and similar mechanical equipment visible from the public rights-of-way On multifamily er nonresidential deyel nn,on+• (b) Outdoor storage for nonresidential development; (c) Loading areas; and (d) Trash handling facilities, including dumpsters and recycling. (2) All rooftop equipment shall be screened or setback so that it is not visible from any adjacent right-of-way, except that solar panels shall be exempt from screening requirements. (B) Standards 42 Features and uses specified above shall provide a visual obstruction from adjacent properties in conformance with the following standards: (1) The screen may be composed solely of view-obscuring vegetation used wally, or in combination with a wall, semi-opaque fence, or berm. The screen height shall be eight feet from the ground, except that utilities and trash handling facilities shall be screened to the height of the facilities plus six inches. (2) A minimum opacity of at least 80% that obscures views from the ground to the height of the object being screened shall be attained. (3) Plant materials shall be at least two feet tall at the time of installation and reach the desired height within three years of planting. (4) Except for screening around roof-top equipment, one upright shrub of an evergreen species shall be installed per four linear feet of any wall or fence that faces off-site. (5) Trash and recycling containers must be contained within a gated, durable and attractive enclosure,constructed of materials compatible with building architecture. Shrubs shall be planted around the foundation, per subsection (4). (C) Fences and Walls (1) Fences and walls shall not be required to adhere to the setback requirements detailed within this Ordinance but shall be locator! on the property of the d Fences d_,, _,c.l>-2.reGtI Rg th�rr+r"v^+ �e�r'r . Fe(2) nncees anrlr-ra-vv.crrrn walls shall be compatible with building� r architecture. (3) Fences and walls shall be setback a minimum of ten feet from any property line adjoining a road right-of-way, either public or private, to ensure adequate site visibility. (4) Fences shall not exceed 12 feet in height. (5) Privacy fences shall be erected to that support posts and slats are visible and accessible from the individual's property that erected the structure. (6) Chain link fencing is not permitted in areas visible from adjacent properties, parking areas, street or pedestrian walkways unless it is screened through use of evergreen shrubs at a density of four(4) shrubs for every 100 feet. (D) Credit for Other Landscaping Plant material in project boundary buffers may be counted towards the planting requirements of this section when located to serve both functions. 6.8.10 Landscape and Tree Preservation Plan (A) Whenever regulated land development for which a site plan, Special use permit, MPD-CD Master Plan, preliminary plat ;n the Gase Gf major subdi,,,^;ORS or a final plat On +n, �68 of m;ner subdivisions, is required, a landscape and tree preservation plan meeting the requirements of this Section must be submitted for review and approval in accordance with the provisions in Article 2 of this Ordinance. (B) Landscape and tree preservation plans shall be prepared by certified landscape architects or other landscape professionals with a proficiency in preparing landscaping plans, with the exception of minor subdivisions. If a minor subdivision must install plantings to meet the requirements of this section, it is encouraged that a professional plan be prepared. However a copy of the final plat with the species and location of plantings will be considered sufficient. 43 (C) The landscape and tree preservation plan must include the following: (1) The location of existing and proposed structures, parking areas, roadways, fences and walls. Landscape and tree preservation plans for subdivisions shall not be required to show proposed structures, parking areas, fences or walls on individual lots. (2) The location of any required landscape buffers, trees, shrubs and screening materials to be planted; (3) A legend listing all plant materials to be planted; (4) The location of any lighting fixtures proposed to minimize conflicts between lighting and landscaping; (5) The location and species of existing trees in buffer areas if seeking credits for existing vegetation in accordance with Section 6.8.8; (6) Primary tree protection areas, the critical root zones, and the method of protection; (7) Storage areas for construction vehicles and materials, including stockpiled soil and gravel; (8) How areas disturbed during construction are to be restored. Such efforts should be phased to coincide with the establishment of final grades to minimize erosion; and (9) Planting details in accordance with Section 6.8.5(D). (D) Where needed for clarity, the landscape and tree preservation plan can be provided on separate sheets divided intp MG sheets: a tree preservation plan and a planting plan. (E) Following approval and prior to the start of construction, the plan shall be posted on the job site and reviewed with all contractors. 6.8.11 Request for Extension of Compliance It is recognized that land development occurs GORtORYOUSly continuously and that vegetation used in landscaping or screening should be planted during specific times of year and in the construction timeline to ensure the best chance of survival. In order to ensure compliance and to reduce the failure of landscaping or screening materials`"'high were installed at an inappropriate time or under unfavorable conditions the applicant may request an extension of landscaping compliance in accordance with the following: (A) A Letter of Request for Extension of Compliance (LREC)with landscaping requirements may be filed with the Planning Director, or designee, which states the reasons why the request is being made. (B) The applicant shall state in the LREC that they are aware of all landscaping and screening requirements, and that the property will be brought into compliance within 90 days of the approval of the extension, or discontinue use of the property. (C) omitted between May 15 and September 15 of each year, Rd m ant+he extensions at other times if there a lunfAvArAhle GE)Rditiens fer planting. (D) If the initial LREC has expired and conditions are still deemed unsuitable for planting, an applicant may request one additional extension of up to 90 days. During periods of extreme drought, as evidenced by the official declaration of Stage 3 or greater mandatory water conservation requirements, the Planning Director, or designee, may authorize additional 90-day extensions beyond the one extension typically allowed. These extensions may be continued throughout the period in which the extreme drought conditions remain. 44 (E) The applicant shall also acknowledge that no Final Zoning Compliance Permit shall be issued while there is an active (pending) LREC unless a Performance Guarantee, submitted in accordance with Section 2.27 of this Ordinance, has been posted with the Planning and Inspections Department. 6.8.12 Additional Standards for Economic Development Districts (A) Landscape and Tree Preservation Plan The Landscape and Tree Preservation Plan shall be prepared in accordance with the requirements of Section 6.8.10. (B) Preservation of Existing Features (1) Natural features such as streams and ponds, hillsides, rock formations, unique vegetation and natural areas, wildlife habitats, and other similar features must be incorporated into the overall development concept. (2) Building sites, parking areas, and other uses shall be situated in such a way as to protect existing tree stock having a diameter of one-foot or greater when measured four and a half feet above ground level. (3) Trees to be saved shall be noted on the landscape and tree preservation plan and appropriate measures to protect the tree stock from damage during construction, including no grading within the critical root zone, shall be indicated in accordance with Section 6.8.4. (4) Where possible, trees shall be protected in stands or clusters. �The siting f buildings still take advantage of scenic views and taLo_�nto consideration the impact of new structures on views from off_site. (6) Where ever possible, access to views are to be preserved for adjacent property owners and passing motorists. (7) SGGROG views and visual eleMeRtS within the visual GOFFider shall be identified and nrosep.Le !where possible. (C) Buffering Neighboring Uses (1) A minimum buffer of 100 feet in width is to be provided at the boundary of all Economic Development Districts. (2) In accordance with Section 6.6.4, a buffer of 100 feet in width is to be maintained adjacent to the right-of-way of interstate highways. (3) In the Buckhorn EDD, a buffer of 150 feet is required on the portion of the boundary adjacent to the Clearview Subdivision and adjoining residential area on the north side of West Ten Road. (4) In the Hillsborough EDD, a buffer of 100 feet is required along the Old 86 roadway corridor. For properties located within the EDH-1 zoning district, a 50 foot wide buffer is required. (5) Limited breaks in required interstate highway buffers may be allowed in accordance with Section 6.6.4(5). (6) Buffers may consist of existing wooded areas. If existing vegetation is not sufficient for screening, a planted buffer shall be augmented and interspersed, consisting of 50-75% evergreen trees reaching a minimum mature height of 30- feet. (7) In lieu of the Land Use Buffers required in Section 6.8.6, buffers between adjacent land uses, whether internal or external to the project, shall be provided in accordance with the Land Use Buffer Schedule that follows. 45 (8) Trees with a caliper of six inches or greater should be considered for preservation. (9) No grading for building or parking shall encroach upon required buffer. (10) Landscape buffer widths may be reduced if the buffer material is adequate to provide additional screening. (11) Decorative walls may be used to augment required landscaping for buffer reduction. (12) Access and utility crossings are to be made as close to perpendicular as possible to the length of the buffer. (13) No Land-Disturbing Activities for buildings, parking, or storage, drainage, etc. are permitted within a required buffer.