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Town of Livonia, NY
Livingston County
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The following standards are intended to implement the goals and policies of the Comprehensive Plan by assuring an acceptable degree of buffering between land uses, particularly between residential and nonresidential uses, providing a balance between developed uses and open space, enhancing the visual and aesthetic appearance of the community and encouraging preservation of existing natural features. Specifically, this chapter is intended to:
A. 
Provide natural visual screening of parking areas and along property boundaries to protect the existing visual quality of adjacent lands.
B. 
Reduce surface runoff and minimize soil erosion through the natural filtering capability of landscaped areas.
C. 
Provide natural buffers that reduce glare and noise, provide wildlife corridors and protect wildlife habitats, wetlands, stream corridors and other significant environmental features.
D. 
Moderate the microclimate of parking areas by providing shade, absorbing reflected heat from paved surfaces and creating natural wind breaks.
E. 
Enhance the overall visual quality of the community by surrounding developed areas with a variety of plant materials that are consistent and compatible with the existing natural vegetation of the area.
As used in this article, the following terms shall have the meanings indicated:
BERM
An earthen mound designed to provide visual interest, screen undesirable views and/or decrease noise.
BUFFER
A combination of physical space and vertical elements, such as plants, berms, fences or walls, the purpose of which is to separate and screen incompatible land uses from each other and/or to protect wildlife habitats, wetlands, stream corridors and other significant environmental features.
DECIDUOUS
A plant with foliage that is shed annually.
EVERGREEN
A plant with foliage that persists and remains green year-round.
LANDSCAPED AREA
The area required or permitted under this article to be devoted to environmental improvement, which may include existing and new vegetation, berms, lighting, street furnishings and ornamental features which are integrated with the vegetation.
PARKING AREA
Off-street parking areas and loading and unloading areas required by Article X.
SCREEN
A method of reducing the impact of noise, glare and unsightly visual intrusions with less offensive or more harmonious elements, such as plants, berms, fences, walls or any appropriate combination thereof.
SHADE TREE
Usually a large deciduous tree (rarely, an evergreen) planted for its high crown of foliage or overhead canopy.
SHRUB
A woody plant, smaller than a tree, consisting of several small stems from the ground or small branches near the ground; may be deciduous or evergreen.
These landscaping regulations shall apply to all uses in all districts. More specifically, requirements and procedures shall be as follows:
A. 
Building permits for construction of new single-family or two-family dwellings shall require preservation of existing vegetation or planting to provide two shade trees of two-inch caliper for each dwelling. Such tree(s) shall be located outside the public right-of-way in the front yard.
B. 
Major residential subdivisions shall be required to submit landscaping plans in accordance with § 150-79 of this article, indicating appropriate landscaping of entrances, common open spaces and recreation areas and perimeter buffer areas.
C. 
Development activities requiring site plan approval shall submit, as part of such approval, a landscaping plan in accordance with § 150-79 of this article.
The following provisions shall apply to all uses in all districts.
A. 
Existing site vegetation and unique site features, such as stone walls, shall be incorporated into landscaping plans to the maximum extent feasible. Existing healthy trees which are retained shall be credited against the requirements of this chapter in accordance with their size and location.
B. 
Issuance of a certificate of occupancy shall require completion of lot grading, seeding and required landscaping or posting of a performance guaranty acceptable to the Code Enforcement Officer if the applicant cannot perform the work due to seasonal impracticalities.
C. 
All required landscaping shall be of healthy stock, planted according to accepted horticultural practices. Landscaping plans shall clearly indicate who is responsible for plant maintenance during the first 12 months after planting, and a performance guaranty shall be posted for assuring replacement in kinds of plants which die or become diseased within that time.
D. 
All required landscaping shall be maintained in healthy condition. Failure to maintain such landscaping or to replace dead or diseased landscaping required by this article shall constitute a violation of this chapter.
E. 
All plant materials adjacent to parking areas, loading areas and driveways shall be protected by barriers, curbs or other means by damage from vehicles or from stormwater runoff.
F. 
Where existing conditions make compliance with this chapter not feasible, the Joint Planning Board, at its discretion, may approve planters, plant boxes or pots containing trees, shrubs and/or flowers to comply with the intent of this chapter.
G. 
In cases where the edge of pavement within a public right-of-way does not coincide with the front lot line, the property owner shall landscape the area between the front lot line and the edge of the street pavement.
Nonresidential uses shall provide landscaping along the street frontage suitable to the character of the area. Such landscaping may include a combination of natural areas, lawn areas, trees, shrubs, ground covers, berms or other landscaping elements. At a minimum, one shade tree having a caliper of two inches measured six inches above the ground shall be planted within the minimum required front setback for each 25 feet of lot frontage. The purpose of the landscaping is to enhance the appearance of the use on the lot but not to screen the use from view.
The purpose of buffer area landscaping is to provide protection from noise, headlight glare and visual intrusion or other potential negative impacts when two adjacent uses vary in intensity or character. A landscaped buffer area shall be required along all side and rear yard boundaries of a nonresidential use abutting any existing residential or mixed use or mixed use hamlet use or any lot in a residential or mixed use or mixed use hamlet district as well as along rear yard boundaries of major residential subdivisions where a rear yard abuts a road right-of-way. All buffer areas shall be located within the boundaries of the subject parcel and shall comply with at least one of the following standard options, based upon site conditions, scale and subject to Joint Planning Board approval:
A. 
A fifty-foot natural buffer where the existing topography and/or natural vegetation provides adequate screening from adjacent residential areas or roads.
B. 
A twenty-foot heavily planted strip consisting of plantings of such type, height, spacing and arrangement which will effectively screen the activity on the lot from the adjacent residential area or roads.
C. 
A twenty-foot strip with a solid wall, fence or berm of a location, height, design and materials which will effectively screen the activity on the lot as well as conform with the character of the area.
In addition to any required streetscape and buffer area landscaping, parking areas shall comply with the following minimum standards:
A. 
All uses required to provide 20 or more off-street parking spaces shall devote at least 7% of the proposed parking area to interior landscaped areas. Parking areas for over 300 cars may be required to devote 10% of the total parking area to interior landscaping. Landscaping shall include at least one shade tree with a two-inch caliper measured six inches above ground for every 10 parking spaces or fraction thereof. Each interior landscaped area shall contain a minimum of 100 square feet and shall have minimum dimension in any direction of eight feet.
B. 
A landscaped area shall be provided along the perimeter of any parking area except that portion of the parking area which provides access to a street or parking facility on an adjacent lot. Vehicle accessways to adjacent lots shall not exceed 24 feet in width and shall not exceed two in number. The perimeter landscaped area shall have a minimum dimension of eight feet, shall be planted with grass, shrubs or other appropriate materials, and shall include at least one shade tree of not less than two-inch caliper measured six inches from the ground for every 40 feet along the perimeter of the parking area. In cases where the parking area adjoins a public sidewalk, the required landscaped area shall be extended to the edge of the sidewalk.
C. 
Trees used in parking lots shall be hardy varieties which provide adequate shade and have growing habits compatible with the surrounding environment, including exposure to road salt and proximity to overhead and underground utilities. Existing trees should be retained where appropriately located.
A. 
Based on the scale and location of the project, the Code Enforcement Officer or Joint Planning Board shall determine whether the landscaping plan must be prepared by a licensed landscape architect, landscape designer or other professional. All landscaping plans shall contain the following information:
(1) 
A title block with the name of the project, the name of the person preparing the plan, a scale, North arrow and date.
(2) 
All existing significant plant materials on the site.
(3) 
Existing and proposed structures.
(4) 
Topographical contours at two-foot intervals.
(5) 
Parking areas.
(6) 
Access aisles.
(7) 
Drainage patterns.
(8) 
Location, size and description of all landscape materials existing and proposed, including all trees and shrubs, and shall identify those existing plant materials that are to be removed.
(9) 
Other information as may be required by the Code Enforcement Officer and/or the Joint Planning Board.
B. 
Alternative landscaping plans may be submitted, provided that they meet the purpose and intent of this chapter.