§ 156-14. Buffers.

A. 

All existing nonresidential uses of land shall provide a buffer at least six feet in height and at a width and density which will substantially screen adjacent properties from the glare of headlights, light from structures, noise and movement of people, vehicles and equipment. The buffer may consist of a fence, trees, shrubs, bushes or combinations thereof.

B. 

All users of improved nonresidential properties shall submit a landscaping-screening plan to the Planning Board within 18 months of the date of the adoption of this chapter. Said plan shall consist of a sketch map, drawn to scale, showing the following information:

(1) 

The name of the applicant and owner, if different from the applicant.

(2) 

The date, scale, North point, Tax Map block and lot number.

(3) 

The boundaries of the property.

(4) 

The location of all existing structures, showing the ground area covered by said structure. The use of the site shall be indicated. Where applicable, the areas used for outdoor selling, display or storage shall be shown.

(5) 

The location of on-site parking areas and means of vehicular and/or pedestrian circulation.

(6) 

The location and design of buffer areas of screening devices, including the height, density and type of planting.

C. 

Review criteria. The Planning Board, in its review of the landscaping-screening plan, shall consider the height, density and type of planting and the nature of the use.

D. 

Public hearing.

(1) 

Within 45 days of the receipt of a complete landscaping-screening plan, a public hearing on the landscaping-screening plan shall be held by the Planning Board. Such hearing shall be advertised at least once in the official newspaper of the Town at least five days before such hearing.

(2) 

The applicant shall notify by mail all owners of property within 500 feet of the extreme limits of the site at least five days prior to the hearing, as their names appear on the municipal tax record. Said notice shall be on forms provided by the Planning Board and shall state the time and place of hearing, a brief description of the proposal and that a copy of the landscaping-screening plan is on file with the Planning Board Secretary for public inspection. Proof of mailing shall be filed with the Planning Board prior to the hearing.

E. 

Action by Planning Board. The Planning Board shall, by resolution, either approve, conditionally approve or disapprove the landscaping-screening plan within 45 days of the date of the public hearing. However, where the Planning Board requires additional time in which to make a decision, the applicant may agree to an extension, not to exceed 45 days, of the time within which the Planning Board must act. The decision of the Planning Board shall be filed in the office of the Town Clerk, and a copy thereof shall be mailed to the applicant. Where the Planning Board has disapproved a landscaping-screening plan, the applicant shall have three months to submit a revised plan. The applicant shall comply with the approved landscaping-screening plan within one year of its approval.

F. 

Waiver of landscaping-screening plan approval. The submission of a landscaping-screening plan may be waived when the applicant can either demonstrate to the Planning Board the location of a buffering in conformance with the requirements of this section or an inability to comply with the requirements of this section by reason of exceptional physical conditions on the site. The request for a waiver of landscaping-screening plan approval shall be made in accordance with the provisions of § 156-61L of this chapter.