required landscape plant material shall be located along the top half of a berm and the remaining plant material may be on the sides and toe of the berm, unless otherwise provided by the Land Development Ordinance.
(3) Preserve Environmental Areas . Where a perimeter buffer yard is required in a location that includes identified wetlands, riparian buffers or floodplain, no planting of landscaping material shall be required in these specific areas. (4) Development within Required Perimeter Buffer Yard . No land disturbing activities (grading or development) or the removal of existing vegetation shall be permitted within a required perimeter buffer yard that does not function or meet the intent or standards of this Article. The exception for the establishment and maintenance of such required perimeter buffer yard for an approved site plan, subdivision plan or phased development plan may apply to the following: A. Disturbance of Buffer . Disturbance within the required perimeter landscaping buffer due to damage to existing vegetation shall be minimal to the extent practicable and supplemental planting shall be installed as necessary to meet the perimeter buffer required.
B. Utilities . Public or private utilities are permitted in accordance with this Article where no reasonable alternative location can be determined.
C. Stormwater Regulations . Stormwater management areas or BMPs provided there is no reasonable alternative location can be determined.
(4) Root Zone Encroachment . If the critical root zone (drip line) of any tree or other landscape material encroaches up to one-third (1/3) or more onto an adjacent lot or parcel of land, the site under development shall protect the root zone in order to protect the health and livability of the tree or plant material. (5) Perimeter Buffer Yard Ownership . No required perimeter buffer yard within a residential subdivision shall be wholly or partly owned (fee simple title) by the owner of an individual residential lot within such subdivision in accordance with the following standards:
A. Homeowners ’ Association or Third-Party . The perimeter buffer yard shall be owned by a homeowners’ association or owned by a third party for perpetual maintenance, such that the landscape material is protected from removal, modification or damage.
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