§ 98-1062. Buffer requirements.

(a)

Purpose and intent. New Kent County requires buffers to help preserve the county's rural character and to promote a more harmonious development pattern. Buffers shield potentially incompatible uses and zoning districts from each other, as well as providing an appropriate rural look and feel from the roadway.

(b)

Buffer design standards.

(1)

Buffers shall be continuous except where driveways or other breaks are necessary. Owners and applicants should curve driveways, to the extent possible, to assist the transitional buffer area in obstructing the view of the site and preserving a natural appearance. Multiple breaks of the transitional buffer area are not permitted unless required to provide efficient and safe access to the site and an internal circulation pattern on the site.

(2)

Accessory structures, storage, or off-street parking or loading shall not be located within the buffer.

(3)

Utility easements shall not be located within buffers except for those that cross the buffer at a right angle. If the zoning administrator determines that a certain utility location or configuration is essential, and that this essential location or configuration conflicts with this standard, the administrator will permit different standards that achieve an equivalent buffering effect.

(4)

Buffers are not required along zoning lines that follow public road rights-of-way.

(c)

Transitional buffers. Owners and applicants shall provide buffer screening between dissimilar uses and adjacent to existing uses in compliance with the three different buffer screening requirements described below:

(1)

Buffer screening type A shall consist of a minimum 35-foot-wide visual buffer that shall average a rate of one large evergreen tree and one medium evergreen tree for every 15 linear feet.

(2)

Buffer screening type B shall consist of a minimum 50-foot-wide visual buffer that shall average one large evergreen tree plus one medium evergreen tree plus two small evergreen trees or shrubs for every 15 linear feet.

(3)

Buffer screening type C shall consist of a minimum 75-foot-wide visual buffer that shall average one large evergreen tree plus two medium evergreen trees plus three small deciduous, ornamental, or evergreen trees for every 15 linear feet. Owners and applicants must establish a type C buffer between industrial or commercial development and residential properties.

(4)

The zoning administrator may reduce the planting ratios proportionately for the use of larger size nursery stock and for the preservation of healthy mature trees that are protected in accordance with the provisions of this chapter. The zoning administrator may approve other modifications of the layout and design standards contained herein for good cause shown. All modification requests shall be in writing, clearly explaining the reasons therefore.

(5)

Transitional buffers shall be placed on the property bearing the higher intensity use to the extent possible. However if other provisions of this chapter require that either the shared buffer or the required buffer be placed on the less intense use; or if the zoning administrator approves that alternative during site plan review; or if subdivision agent approves that alternative during subdivision approval, then that placement can occur.

(6)

Transitional buffers shall be provided between dissimilar zoning districts, as depicted in the transitional buffer provision matrix below, provided however, that if the performance standards for a specific use require a greater buffer, that greater buffer shall be provided.

Transitional Buffer Provision Matrix
	Abutting District
District in which proposed use is located	Conservation	Agriculture	Residential	Business	Economic Opportunity	Industrial
Conservation	None	None	None	B	B	C
Agriculture	None	None	A	B	B	C
Residential	None	A	None	B	B	C
Business	B	B	B	None	A	B
Economic Opportunity	B	B	B	A	None	A
Industrial	C	C	C	B	A	None

 

(d)

Relationship between transitional buffer and other elements. Transitional buffers shall relate to other required design elements as follows:

(1)

Yard requirements and setbacks. Where a transitional buffer is required along a property line, the minimum yard and setback along said property line shall be the greater of the yard and setback required for the particular zoning district or the width of the transitional buffer.

(2)

Landscape yards. Landscape yards may be incorporated into the transitional buffer and no additional landscaping above and beyond that required for the transitional buffer shall be necessary.

(e)

Maintenance of transitional buffers. The property owner, and the owner's successors, shall be responsible for the maintenance of all landscaping, fencing, and screening materials that comprise the buffer required by this chapter, or as required under the terms of other development approvals, and shown on an approved landscape plan. Failure to maintain such landscaping, fencing and screening shall be deemed a violation of this chapter.

(1)

All plant material and planting areas required by this chapter or other development approval shall be tended and maintained in a healthy growing condition and replaced when necessary.

(2)

All fences, walls, and screening required by this chapter shall be maintained in good repair and kept free of refuse, litter, and debris.

(3)

In the event that any required landscaping material within the buffer shown on the plan is subsequently replaced, the new material shall generally conform to the original approved landscape plan, or an approved amended plan, with respect to size and characteristics of the plantings.

(Ord. No. O-18-06, 2-5-2007; Ord. No. O-15-08(R2), 1-12-2009)

(Ord. No. O-18-06, 2-5-2007; Ord. No. O-15-08(R2), 1-12-2009)