9.4.8 Walls, Berms and Fences in Buffers
Where walls, berms or fences are built within any required project boundary buffer, they shall meet the following requirements:
A. Walls
1. Walls located within a buffer can be used to permit a reduction the buffer width pursuant to paragraph 9.4.5, Constructed Buffer.
2. All walls, when located within a buffer, shall have planted on the side facing the adjacent property with at least one upright shrub for every six feet of wall length. These shrubs can be counted towards meeting the opacity requirement for the buffer.
3. Where shrubs are planted adjacent to a wall, the minimum distance between the wall and the property line shall be four feet.
4. The applicant shall be required to demonstrate provision for access and maintenance of landscaping and the wall structure at the time of landscape plan approval.
5. Walls used within the CI District in lieu of a required buffer width shall be permitted, with the following provisions:
a. The wall shall have a height of eight feet; and
b. The wall is not within sight distance triangle(s).
6. Within the CI District and Design Districts, no project boundary buffer shall be required when the adjoining lot has a wall included as part of a required buffer, the wall is located within five feet of the property line, and a recorded easement exists for the wall and buffer.
7. Walls used within Design Districts in lieu of a required buffer width shall be permitted, with the following provisions:
a. The wall shall have a minimum height of six feet;
b. A minimum of one upright, evergreen shrub shall be installed per four linear feet along the side of the wall facing off-site; and
c. The wall is not within sight distance triangle(s).
8. Walls shall comply with the height requirements pursuant to Sec. 9.9, Fences and Walls, except that walls located outside of areas that qualify as street frontage shall be a minimum height of six feet.
B. Berms
1. Berms located within a buffer can be used to permit a reduction in buffer width in the Suburban and Rural Tiers.
2. The minimum height shall be four feet.
3. Berms shall have side slopes of not less than three feet horizontal for each one foot vertical and a minimum crown width of two feet. Prior to issuance of the first certificate of compliance, berms shall be planted to ensure coverage by live plant material within five years.
C. Fences
1. No reduction in buffer width shall be provided based on the provision of a fence.
2. Fences shall be maintained in a structurally safe and attractive condition and with finished faces and plantings located towards the adjacent property with at least one upright shrub for every six linear feet of fence length.