[Added 4-18-1989 by L.L. No. 1-1989]
It is the purpose and intent of this article to:
A. 
Protect and promote the public health, safety and general welfare by requiring the landscaping of all nonresidential developments, including parking areas, and incorporating said landscaping as an integral part of the entire development.
B. 
Establish minimum standards and criteria for the landscaping of all nonresidential developments to discourage the unnecessary clearing and disturbing of land so as to preserve the natural and existing growth of flora and to replace removed flora or plant new flora indigenous to the Western New York region.
C. 
Reduce the effects of wind and air turbulence, heat and noise and the glare of automobile lights.
D. 
Provide unpaved areas for the absorption of surface waters.
E. 
Reduce the level of carbon dioxide and return pure oxygen to the atmosphere.
F. 
Prevent soil erosion.
G. 
Provide shade.
H. 
Conserve and stabilize property values and to otherwise facilitate the creation of a convenient, attractive and harmonious community.
I. 
Create attractive buffers between the street right-of-way and the property line.
J. 
Relieve the blighting appearance of parking areas.
K. 
Generally preserve a healthful and pleasant environment through the use of landscaping for privacy and screening adjacent uses.
As used in this article, the following terms shall have the meanings indicated:
LANDSCAPE AREA
The area required or permitted under this article to be devoted to landscaping.
PARKING AREA
The off-street parking area and loading and unloading area required by § 455-17 of this chapter.
A. 
Developments of attached dwelling units in the RA, RC, M1 and M2 Districts and all nonresidential developments shall meet the requirements of this section. A landscape plan pursuant to § 455-39 shall be submitted to the Village Board as a part of the review procedure.
B. 
The landscape plan shall be drawn to scale, including dimensions and distances, and shall clearly delineate existing and proposed structures, uses, parking areas, access aisles, drainage patterns and the location, size and description of all landscape materials existing and proposed, including all trees and shrubs, and including those existing plant materials that are to be removed, and such other information as may be required by the Village Board.
A. 
Each development which is subject to the provisions of this article shall provide for a landscape area which is not less than 15% of the total area of the development. Parking areas designed for 25 or more cars shall reserve 5% of said area for landscaping.
B. 
A landscaped area at least 10 feet wide shall be provided along the perimeter of a parking area.
C. 
Front yards, to a minimum of 25 feet, shall be landscaped, and parking shall be prohibited in said area.
D. 
Vegetation shall be compatible with soil conditions on the development site and the regional climate.
E. 
Existing natural features and vegetation shall be preserved and incorporated in the landscaped area wherever possible.
F. 
The primary emphasis of the landscape treatment shall be on trees. Shrubbery, hedges, grass and other vegetation are to be used to complement the use of trees but shall not be the sole contribution to the landscape treatment.
G. 
The interior dimensions of any landscaped area or median shall be designed in accordance with the American Association of Nurserymen standards for planting bed size to protect the plant materials planted therein and ensure proper growth.
H. 
All deciduous trees planted shall have a minimum caliper of 2 1/2 inches, measured six inches above the ground. All coniferous trees shall have a minimum height of five feet above the finished grade. Plastic or other types of artificial plantings or vegetation shall not be permitted.
I. 
The requirements of this section may be reduced if, after a study of the landscaping plan, the Village Board recommends, in writing, to the Code Enforcement Officer that such reduction is justified.
A. 
Existing development, in all districts, completed prior to the enactment of this article that may require a rezoning, a change in use or a building permit to expand shall comply with the requirements of § 455-39.
B. 
New developments shall be required to have landscaping in place and completed prior to the issuance of a certificate of occupancy.
C. 
In the event that seasonal conditions prevent completion of the required landscaping until the following planting season, the Village Board shall set a complete date, and the owner shall post a certified check in the amount of 100% of the cost of the landscaping as verified by a landscape architect. Said certified check shall be made payable to the Village of Sloan Village Clerk and shall be redeemable after completion and approval of said landscaping work by the stated completion date. In the event that the landscaping plan is not completed by the prescribed date, the owner shall forfeit the deposited amount, and the Village shall authorize installation of said landscaping.
All landscaped areas required and/or permitted by this article shall be maintained and preserved according to the plan as originally approved.