A. Buffer yard parameters.
(1) A buffer yard is determined exclusive of any required front, corner side, interior side, rear, or waterfront yard. However, the buffer yard may be located wholly or partially within required yards.
(2) A buffer yard must be located within the outer perimeter of the lot, parallel to and extending to the applicable lot line. A buffer yard may not be located within the adjacent public right-of-way.
(3) Where a fence and landscaping are required within the buffer yard in accordance with Table: Buffer Yards, the fence must be positioned interior to the landscaping, except for buffer yards along an interior side or rear lot line, where fences must be positioned exterior to the landscaping. However, the Planning Board may adjust the positioning of a fence within a buffer yard to better mitigate potential impacts between the proposed project and adjacent properties.
(4) No building, accessory structure, or vehicle parking, may encroach upon a buffer yard, with the following exceptions:
(a) Pedestrian and vehicle access points, plus related signs, may encroach upon a buffer yard.
(b) Where a proposed project is subject to site plan review, per §
270-37, the Planning Board may allow a building or other structure to be located within a required buffer yard, where it finds the building or other structure would better mitigate potential impacts between the proposed project and adjacent properties. This exception does not allow for the waiver by the Planning Board of any other required yard, per the applicable Zoning District regulations.
(5) A natural, preexisting grade separation may be conserved, or a man-made berm retained or installed, in lieu of a fence or wall to the extent that the height of the berm or preexisting grade separation meets the minimum required height of the fence or wall.
B. Buffer yard landscape.
(1) Required buffer yard landscape must be of the following dimensions at installation:
(a) Shade trees must be of a minimum caliper of two inches.
(b) Ornamental trees must be of a minimum caliper of 1 1/2 inches.
(c) Shrubs must be of a five-gallon container minimum.
(2) Pre-existing, equivalent vegetation that is conserved within the buffer yard may substitute for any required landscape installation, so long as the preexisting vegetation is healthy and growing.
(3) Any required trees or shrubs may be installed at varying distances to create a naturalistic landscape design, so long as the per linear foot requirement is applied as an average, and the landscape is arranged so as to provide sufficient screening.
(4) Buffer yards must be integral, where possible, with on-site stormwater management facilities.
(5) All required plant materials within the buffer yard must be maintained in a healthy, growing condition over their lifetime, or replaced where necessary.
(6) Except as it relates to the required height of fences and walls for buffer yards, fences and walls must be installed and maintained in accordance with §
270-40.5L.