§ E. Buffers between dissimilar districts.

(1)

Objective . The objective of providing buffers and landscaped areas for screening between dissimilar districts is to protect and preserve the appearance, character, and value of adjacent land uses.

(2)

Definitions .

(a)

Buffer: A barrier which is created by the use of evergreen trees or other acceptable plant or vegetative material alone or in combination with berms, fencing, or walls used to physically separate or screen one use or property from another so as to visually shield or block noise, lights, or dissimilar uses.

(b)

Natural/undisturbed Buffer: An existing natural barrier which contains a stand of evergreen trees or other acceptable vegetative material with a density or intensity which meets the intent of the definition of buffer.

(c)

Planted/landscaped buffer: A planted natural barrier which contains a stand of evergreen trees or other acceptable vegetative material with a density or intensity which meets the intent of the definition of buffer.

(3)

Buffer requirements. The buffer area may be included within the required setbacks; however, in such case that the required buffer is greater than the required setback, the required buffer shall be adhered to. Buffers are required to be installed on properties adjacent to dissimilar districts in accordance with the following specifications:

Minimum Buffer Width Requirements ⁽¹⁾

⁽¹⁾ Note: reference paragraph (6) herein for required buffer area along stream banks, water ways, or watercourses.

*Must provide buffer area for subdivision developments.

(4)

Standards . Buffers are subject to review and approval by county planning staff. The landscaping policies and standards listed in this section are the minimum policies and standards for buffers. The following are required standards for buffers and shall be used by the county planning staff in reviewing development applications.

(a)

Buffers shall be designated on the site plan as a permanent buffer strip.

(b)

Buffers shall be natural/undisturbed areas of existing mature trees which meet the intent of the definition of buffer. Where substantially devoid of existing trees, or where it is necessary to disturb the existing natural/undisturbed area, a planted/landscaped buffer shall be established in accordance with this section.

(c)

Buffers shall be established and maintained along required adjoining property to meet the minimum width requirements for dissimilar districts as shown in the above table.

(d)

Buffers shall be of such nature and density at species maturity to screen activities and uses on the lot from view from the normal level of a first story window on an abutting lot. Buffers shall not be closer than 15 feet to the street right-of-way unless approved by county planning staff.

(e)

Buffers shall provide year-round visual screening from the ground to a height of at least six feet.

(f)

Buffers that utilize trees and/or other vegetation shall be installed not only to provide visual screening but to allow for proper plant growth and maintenance.

(g)

Buffer design shall be integrated with the overall design concept for the project.

(h)

Existing tree cover and natural vegetation shall be undisturbed except for the addition of supplemental plantings or other approved screening devices, or for the provision of required access or utility crossings as approved by the county planning staff. Where a buffer is substantially devoid of trees or shrubbery, grading may be allowed within the buffer area prior to replanting or the provision of other screening devices as required.

(i)

Said buffer areas may not be used for any parking or for the erection of any permanent structure thereon except a fence.

(j)

No artificial plants, trees, or other artificial vegetation shall be installed.

(k)

All existing, healthy deciduous and hardwood trees with a caliper of five or more inches at a point four and one-half feet above the natural grade shall be retained, whenever feasible; if not feasible the tree shall be replaced with the same or similar type of tree in accordance with the intent of paragraph (1) below.

(l)

All planted trees shall be native to this region and, when planted, such replacement tree shall be a minimum height of six feet and be a species which will reach at least 20 feet in height at maturity or shall be a flowering tree with a minimum height of six feet at time of planting. All plantings shall be in staggered rows, with vegetation spaced a minimum of ten feet apart (measured trunk to truck) with a minimum of two staggered rows of plantings for every ten feet of buffer width. The following are approved for such plantings, but shall not be exclusive of other vegetation which may be suitable as approved by the county planning staff, provided they form a visible screen: Leyland Cypress, Bufordi Holly (Dwarf Holly), Ilex Opaca (Savannah Holly), Ilex Chinese (Nellie R. Stevens Holly), Pinus Strobus (White Pine), Magnolia Gradiflora (Southern Magnolia), Cleara Japonica, Green Ash, Mountain Laurel, Black Gum, Hop Horneam, Oak Species (Scarlet, Southern Red, Swamp Chestnut, Sawtooth, Chestnut), Linden or Basswood, Viburnum.

(5)

Maintenance .

(a)

All buffers shall be installed in a sound workmanship-like manner and according to accepted and proper planting procedures which meet the intent of the buffer requirements.

(b)

Once installed, the owner shall be responsible for maintenance of all buffers, which shall be maintained in good condition to as to present a healthy, neat, and orderly appearance which meet the intent of the buffer requirements.

(c)

Should the vegetation die or be removed such that the buffer no longer functions as required, that vegetation must be replaced by the owner.

(d)

The owner shall have 30 days to replace missing or damaged trees, or restore buffer areas to meet the intent of the buffer requirements.

(6)

Required stream protection buffer . In order to protect natural water ways within all zoning categories and enhance water quality within Paulding County, the following buffer areas will be required on all development construction drawings.

(a)

Definitions: Water way and streams are defined as follows:

1.

Any water course of 20 acres and larger.

2.

Any water course as defined by the Georgia EPD within the Soil Erosion and Sedimentation Control Ordinance.

(b)

Requirements:

1.

There shall be a 40-foot undisturbed buffer area along all stream banks, water ways, or water courses.

2.

This buffer shall be measured from the top of the stream bank on each side of the creek. On very small creeks this buffer shall be 80 feet minimum, being 40 feet each side of the creek.

(c)

Variance procedures:

1.

A variance request to disturb within the buffer areas shall be processed through the Paulding County Development Review Committee.

2.

No variance shall be granted that is within the jurisdiction of the Georgia EPD, unless authorized by that agency. These buffer areas are 25 feet on streams and 100 feet on trout streams.

3.

No variance shall be granted that is under the jurisdiction of the Army Corps of Engineer, unless authorized by that agency, for disturbance of more than one third acre of wetlands.

(7)

Variance from buffers. The county planning staff may waive or vary the buffer requirements of this section as stated herein, if and only if:

(a)

It is clearly demonstrated that existing topography and/or vegetation achieve the purpose and intent of this section.

(b)

It is clearly demonstrated that for topographic reasons, a fence, wall, and/or other screening device required herein could not possibly screen activities conducted on ground level from view from the normal level of a first story window on any lot in a residential district abutting the use.

(Res. No. 18-29, § 2(Exh. A), 6-26-2018)