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Article 6: Development Standards Section 6.8: Landscaping, Buffers & Tree Protection Orange County, North Carolina – Unified Development Ordinance Page 6-44 (d) A basis for denial for reasons set forth in Section 2.5 or Article 5 is demonstrated by clear and convincing evidence. (4) A site plan shall not be accepted by staff for review until the MPD-CZ Master Plan has been approved. (5) The Planning Director shall have the discretion to require a modification to the approved MPD-CZ Master Plan should the submitted site plan violate, in the Planning Director’s opinion, the provisions set forth in Section 6.7.5(D)(3) above. SECTION 6.8: LANDSCAPING, BUFFERS & TREE PROTECTION 6.8.1 Purpose and Intent The standards of this section provide for the preservation of existing vegetation and for the installation and maintenance of new vegetation and other landscape architectural features. The purpose of these standards is to: (A) Protect, preserve, and enhance the visual appeal, character, and value of Orange County; (B) Enhance the beauty of the built environment; (C) Enhance the privacy and welfare of citizens by separating incompatible land uses; (D) Allow for the ecological benefits provided by plant materials including: protection of land from erosion and storm water runoff; minimize noise, water, light and air pollution; mitigation of the heat island effect; recharging of aquifers; and protection and enhancement of wildlife habitats; and (E) Preservation of natural forested tree areas. 6.8.2 Applicability The landscaping and buffering standards of this section shall apply to all proposed land development for which a site plan, special use permit, MPD-CZ or RMPD-CZ Master Plan, preliminary plat in the case of major subdivisions or a final plat in the case of minor subdivisions, is required. 6.8.3 Variations (A) In some cases the strict adherence to this section of the Ordinance would serve no useful purpose, in which case the Planning Director, may modify the buffer and landscape standards of this Section where: (1) The topography of a site and/or the size of a proposed lot are sufficient to serve the purpose of a buffer; (2) Existing structures, utilities, gardens or active farmland are located in the buffer or setback areas; (3) Existing vegetation is damaged, unhealthy, or poses a safety threat; or (4) An existing residence or structure with established lawn areas and/or plant beds is contained within a proposed subdivision lot. (B) The Planning Director may require alternative buffers or landscaping, including locations other than those typically required, when a modification to the requirements of this section is warranted in order to meet the intent of the specified standards. (C) When a proposed lot includes one or more of the conditions listed above, the Planning Director is empowered to waive the requirements for screening or additional landscaping provided that the request is submitted in writing stating the reason and rationale for such request, and the spirit and intent of this Ordinance is achieved. 137