4.9.3 Buffer Requirements
A. Location of Buffers
A buffer shall be provided along the perimeter of the property line adjacent to the designated right-of-way.
B. Buffer Width
1. The buffer width shall be no less than 30 feet and no more than 100 feet. The actual buffer width shall be determined at time of adoption of the overlay. In determining the width of the buffer, the governing body shall consider the following factors:
a. The topography of the area;
b. The existing and proposed land uses;
d. The traffic volumes of the corridor; and
e. Any additional factors the governing body deems reasonable in carrying out the purpose of the Ordinance.
2. The following buffer widths shall be provided for the following designated rights-of-way:
|
MTC Overlay |
Buffer Width (Feet) |
Segment |
|---|---|---|
|
I-40 |
100 |
Orange County line to Research Triangle Park |
|
I-40 |
100 |
Research Triangle Park to Wake County line |
|
I-85 |
50 |
Avondale Ave. to US Highway 70 |
|
I-85 |
100 |
US Highway 70 to Granville County line |
|
I-540 |
50 |
Wake County line to Wake County line |
C. Permitted Activity in Buffer Area
1. Within the buffer area, existing vegetation shall be maintained in a natural, undisturbed state. In areas where the existing vegetation provides inadequate screening, the property owner or applicant shall install vegetation that meets the opacity standards of paragraph 9.4.4.A, Natural Buffers Required.
2. When necessary, transportation corridors and utility easements may cross the required buffer area. Such crossings shall be designed to minimize clear views through the required buffer. The nature and limits of such intrusions shall be shown in detail on all site plans or subdivision plats associated with the crossing.
3. Trails may not intrude laterally into the buffer for distances greater than 50 feet. Trails shall meander to avoid natural features and to prevent clear views through the buffer. Selective thinning may be allowed; however, no tree over 12 inches in caliper shall be removed for the trail. The maximum trail width shall be ten feet. Trails shall be shown on all site plans and subdivision plats associated with the trail.
4. Walls or fences
Except as provided in paragraph 4.9.3D, Adjustments to the Required Buffer, walls or fences shall not be constructed within the buffer area.
D. Adjustments to the Required Buffer
1. Within areas of I-85 MTC Overlay where the required buffer width is identified as 100 feet in paragraph 4.9.3B, Buffer Width, the buffer width can be reduced to 50 feet without a major special use permit if the following conditions are met:
a. On properties proposed for residential purposes, with at least 900 feet of uninterrupted frontage along the limited access highway or frontage road, if present, a noise barrier is built to the NCDOT noise policy and to match existing NCDOT noise barriers; and,
b. On properties proposed for nonresidential purposes that provide a buffer with 80% opacity as defined in paragraph 9.4.5, Constructed Buffer.
2. The buffer width and amount of landscape materials may be reduced through the issuance of a Major Special Permit pursuant to 3.9, Special Use Permit, considering the following issues in addition to the findings set forth in paragraph 3.9.8, Criteria for Approval of Major and Minor Special Use Permits.
a. The topography of the area; and
b. The size of the parcel of record.