Chapter 131 Landscape and Tree Conservation

Establish minimum standards and criteria for the landscaping of all developments, to dissuade 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.

Reduce the effects of wind and air turbulence, heat, noise, and the glare of automobile lights.

Provide unpaved areas for the absorption of surface waters.

Prevent soil erosion.

§ 131-6 Regulated activities, permit and approval required.

Provide shade.

(6)

Conserve and stabilize property values and to otherwise facilitate the creation of a convenient, attractive and harmonious community.

(7)

Generally preserve a healthful and pleasant environment through habitat protection and enhancement.

§ 131-2 Title.

This chapter shall hereafter be known as the "Landscape and Tree Conservation Local Law."

§ 131-3 Species list.

The Clarence Conservation Advisory Council shall compile a listing of recommended tree and/or woody shrub species for planting and replanting in the Town of Clarence. This list will contain species that are indigenous and/or nonindigenous but are found to be sound, based upon climate, soils, hydrology, and other environmental factors. The developed list will also contain a list of trees that are undesirable and may not be included in any submitted landscape plan. Acceptable street trees and park trees will be identified within the list. This list will be available for public review in the Planning and Zoning Office and the Building Department.

§ 131-4 Landscape Review Committee.

[Amended 1-21-2015 by L.L. No. 1-2015; 8-22-2018 by L.L. No. 5-2018]

The Clarence Town Board shall appoint members of the Landscape Review Committee to administer the regulations as herein designed. The Town Board shall appoint the members of the Committee on an annual basis. Membership shall include three persons, one of which shall be the chairperson of the Planning Board, and two at-large members. In the event that the chairperson is unable to perform their duties, the chairperson may designate another Planning Board member, as a substitute.

§ 131-5 General provisions.

All developments otherwise subject to subdivision and/or site plan review shall meet the requirements of this chapter. A landscape plan shall be submitted and approved as a part of the review procedures for all projects.

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 those existing plant materials to be removed. Plans shall be prepared and stamped by a professional, New York State registered landscape architect. The Landscape Committee, in its sole discretion, may allow a plan to be prepared by a certified nurseryman or landscape designer.

[Amended 8-22-2018 by L.L. No. 5-2018]

Upon approval of the landscape plan by the Town, the property owner agrees to install and perpetually maintain approved landscape to preserve the intent of this chapter. Landscaping approval and maintenance shall be for the duration of the approved use.

Residential subdivision plantings shall be in conformance with the Town of Clarence Subdivision Law (Chapter 193 of the Code of the Town of Clarence) and this chapter.

It shall be the policy of the Town of Clarence to replace any street tree removed for just cause with a tree from the approved list as recommended by the Conservation Advisory Council. This provision shall apply to all county and Town roads within the Town of Clarence.

It shall be unlawful to conduct, directly or indirectly, any of the following activities in the Town of Clarence unless a landscape plan approval/tree removal permit and approval is obtained pursuant to this chapter:

The extent of clearing for new-build single-family home sites shall not exceed an area of more than 1/4 acre, not including the area used for driveways and septic systems, unless stricter requirements have been imposed under subdivision approval.

The removal of over 10 trees per approved building lot within a regulated setback area unless prior approval is granted during subdivision approval.

Clearing/clear cutting, as defined herein.

Timber harvesting that involves the construction of haul roads or stream crossings.

Removal of any street or park trees.

§ 131-7 Activities permitted by right.

The following activities are permitted by right:

Removal of any tree under an actual or ongoing emergency condition when such tree removal is necessary for the protection and preservation of life or property.

Removal of dead or diseased trees, including those located on private property that constitute a hazard to life or property.

Removal of 10 or fewer trees per approved building lot within the regulated setback area.

Trimming/pruning/removal/planting of any trees of any size by an individual property owner within an existing residential neighborhood.

Removal of any tree that is not located within a required setback zone by a cemetery association that is regulated by the New York State Division of Cemeteries.

The routine maintenance of roads, easements and rights-of-way and the clearing of farm fence lines.

The selective harvesting (timber harvesting) of mature trees (greater than six inches DBH) for use or sale by a landowner, or representative of the landowner, that does not involve the construction of haul roads or stream crossings in an agricultural zoning district of the Town.

Growing nurseries and Christmas tree farms.

§ 131-8 General standards and criteria for new landscaped areas.

A minimum ground area of not less than twenty five 25% of the total area of a project site (entire property) shall be landscaped and shall be the landscaped area required unless the Town Board has allowed a reduced amount for just cause per the Zoning Law.

The arrangement and location of landscaping on a lot shall be dispersed throughout the project site so as to prevent unsightliness and the monotony of parked vehicles. Also, acceptable plantings and landscaping around dumpsters and other accessory structures shall be designed to visually shield such uses from public roads and from adjoining properties.

Not less than 8% of the interior of a parking area designed for 10 or more vehicles shall be devoted to the required landscape area of a project. As to parking areas designed for 25 or fewer vehicles, where the configuration of the development site permits, a yard area at least five feet wide in excess of the minimum required for parking areas in the zoning district shall be credited to the interior landscaping requirement.

	Parking Area (spaces)	Minimum Interior Greenspace (percentage)
	1 to 10	0%
	10 to 25	8%*
	26 or more	8%

NOTES:

*Where configuration of the site will permit additional greenspace, at least five feet additional, beyond the required width along the perimeter of the parking area, shall be considered as interior greenspace. Landscaping islands must be curbed with six-inch poured concrete curbs, and driveways shall be curbed from the affronting public roads to the front of the principal structure.

Landscaping shall provide privacy and screening for adjacent uses, with visual, noise and air quality factors considered.

Landscape treatments shall be designed as an integral part of the entire development and shall have the appropriate the balance of major deciduous trees, evergreens and shrubs.

Vegetation shall be compatible with soil conditions on the project site as well as the regional climate.

Existing natural features and vegetation shall be preserved and incorporated in the landscaped area wherever possible.

The interior dimensions of any area or median shall be wide enough to protect the plant materials planted therein and insure proper growth.

All deciduous trees planted shall have a minimum caliper of 2 1/2 inches, measured six inches above the ground. All conifer trees shall have a minimum height of five feet above the finished grade.

Plastic or other types of artificial plantings shall not be permitted.

To insure proper pit size, backfill and protection of the plants and planted areas, plant materials shall be identified on submitted plans with the following information:

Common and botanical name.

Size.

Quantity.

§ 131-9 Permit application process; approval authority.

Pit or bed treatment.

The plantings shall conform to accepted horticultural practices.

Any street tree removal shall require that trees be replaced, at a minimum, in a ratio of two replacement trees for every street tree removed.

Stacked natural stone walls represent a recognizable community character feature in the Town. Their presence traces back to historic Clarence, as land owners collected and stacked limestone, prevalent in the area due to the Onondaga Escarpment. With many historic and newer stone walls existing today, the Town desires to see this practice continued. Landscape plans associated with properties located on Main Street shall include a stone wall along the Main Street frontage of the parcel, except, if in the sole discretion of the Landscape Review Committee, adequate room does not exist between the right-of-way and the proposed or existing building. All stone walls within the Town shall consist of stacked natural stone, with a minimum overall height of 2 1/2 feet. Such stone walls shall also include a compacted stone foundation with a minimum depth of one foot. Where a stone wall is proposed, a detail shall be provided on the proposed landscape plan, with sufficient specification as to ensure structural stability and community character.

[Added 8-22-2018 by L.L. No. 5-2018]

Example: stone wall diagram.

For all uses that require an approved landscape plan and/or tree removal permit as herein identified, the following general permit information shall be required:

The name, address, and telephone number of the property owner and the applicant, if different;

The street address, zoning classification, site, acreage, and Tax Map designation of the property;

A statement of authority from the property owner for any agent making application for a permit; and

A general description of the proposed tree removal(s) and purpose.

If the proposed action involves clearing, clear cutting or regulated timber harvesting, additional information shall be required as requested by the Landscape Review Committee, including but not limited to the following:

An explanation as to why the proposed activity is being done at that specific location.

Complete plans for the reclamation of the site to reduce erosion and sedimentation impacts after tree removal, which shall be certified by a professional landscape architect, drawn to scale at no less than one inch equals 50 feet, and showing:

The location of the tree removal area in relation to the property lines, roads, buildings, wetlands, and watercourses within 250 feet of the subject property;

A description of the vegetative cover of the tree removal area, including dominant species before and after tree removal;

The estimated number of acres to be cleared or harvested;

(d)

The location of existing or proposed access roads.

Additional information, as needed, such as the study of flooding, erosion or other hazards at the site and the effect of any protective measures that might be taken to reduce hazards. This information will typically be required in areas of erosive soils, hydric/wet soils, steep slopes (greater than 10%) or in areas of known drainage problems.

A list of the names and addresses of adjacent property owners, and the distance of their structures (homes, etc.) from the proposed activity.

The estimated date of commencement and completion of the proposed action.

(6)

Any other information deemed necessary by the approving authority to evaluate the proposed clearing or harvesting activity in terms of the goals and standards of this chapter and the Town of Clarence Open Space/Recreation Plan as described in the Town's adopted Comprehensive Master Plan.

(7)

Other requirements as specified by the Landscape Review Committee.

If the tree removal permit is part of a site plan or subdivision application, the following information must be provided:

All large areas of trees of six inches DBH or larger (more than 10 trees) and woodlands must be shown on the plans.

For major subdivision approval, the applicant must show how the maximum number of trees can be preserved on the subject property, taking into consideration the lot layout, driveway locations, building locations, drainage facilities and septic or sewer system locations.

The Town Board will require, at a minimum, the installation of two new trees per tree removed at locations prescribed by the Town. Trees for replanting shall be selected from the Town of Clarence species list and be a minimum of 2 1/2 inches caliper or as specified. The Code Enforcement Officer shall enforce such requirement upon issuance of a building permit.

Application and inspection fees; expenses for technical assistance.

An application fee and inspection fee in amounts set forth in a fee schedule established by resolution of the Town Board shall be submitted with a permit application for landscape approval/tree removal. All costs incurred by the Town in the review of this application shall be borne by the applicant.

In the event that an application requires the Town to incur additional expenses for technical assistance in the review of the application, the applicant shall pay the reasonable expenses incurred by the Town. The applicant shall be notified of the expenses and shall deposit said necessary funds prior to the cost being incurred.

All information relating to a landscape plan/tree removal permit application, including, but not limited to, the application itself and additional required material or information (if any), shall be maintained on file in the office of the Planning and Zoning Department and/or Town Building and Engineering Department.

Landscaped Committee approval authority; final approval.

The Landscape Review Committee shall be the approving authority for requirements of this chapter in instances of:

Any action that is the subject of a pending site plan, subdivision or special exception use permit.

Any tree removal(s) related to a site plan or in excess of the number identified as not requiring a permit.

Any action involving clear cutting.

Final approval as issued by the Landscape Review Committee shall be deemed to be the tree removal permit.

Waiver of requirements. Should the Town Board determine, after review of an application, that a proposed action is insignificant, the Town Board, via supermajority vote thereon, shall have the power to:

Waive any information requirements of this chapter.

Waive a requirement for a performance bond/other security.

§ 131-10 Determination by Landscape Review Committee.

Waive the permitting process for the action and, upon concurrence and written approval of the Landscape Review Committee and Town Engineer, authorize the immediate issuance of the permit.

Applications for permits under this chapter shall be submitted at least 14 days prior to the proposed tree removal date/landscape installation but no more than one year prior to the tree removal/landscape installation date.

In making its determination to grant, deny or grant with conditions a landscape plan/tree removal permit under this chapter, the Landscape Review Committee shall consider the following factors:

Whether the proposed tree removal is consistent with the purpose and intent of this chapter and the goals and intent of the Town of Clarence Open Space/Recreation Plan and the adopted Comprehensive Master Plan and other applicable regulations;

The environmental impact of the proposed landscape plan, tree removal, clearing or timber harvesting;

The suitability or unsuitability of such activity to the area for which it is proposed;

The irreversible and irretrievable commitments of resources that would be involved in any timber harvesting action; and

The potential alternatives to the proposed action.

The proposed landscape plan/tree removal will be favored based upon the following:

If the tree or trees proposed for removal are in poor health or poor structural condition with an expected life span of less than two years, as determined by a professional forester, landscape architect or arborist.

If the tree or trees proposed for removal are located near existing or proposed improvements, especially if it is:

Within two feet of an existing or proposed sidewalk, driveway, roadway, utility easement or public right-of-way; or

Within 10 feet of an existing or proposed dry well, leaching pit, septic system, or other subsurface improvement.

If the landscaping/tree removal(s) will have a positive effect upon:

Drainage patterns in the vicinity;

Growth of existing or proposed adjacent vegetation;

Property values of nearby properties and that of the landowner;

(d)

The health, safety or welfare of the residents of Clarence or its neighboring communities;

(e)

Solar access of nearby properties and that of the landowner; and

(f)

Wildlife habitat.

If the landowner will replant replacement trees of a similar or different species, in accordance with the Town of Clarence species list, or add other vegetative material, fencing or terracing, or undertake other similar measures to offset the negative effects of tree removal. In certain cases, mandatory replanting may be required.

If the removal of trees is in accordance with the requirements of the New York State Department of Environmental Conservation Timber Harvesting Guidelines for New York and the Forestry Practice Standards.

With consideration of the above factors, the proposed landscaping/tree removal may be granted, with conditions, or denied based upon the following:

If the tree or trees are of specimen quality.

If the tree removal(s) will have significant negative impacts upon:

Erosion potential and drainage patterns in the vicinity.

Growth of existing adjacent vegetation.

The health, safety or welfare of the residents of the Town of Clarence or its neighboring communities.

(d)

Solar access of nearby properties.

(e)

Wildlife habitat.

(f)

Community character.

§ 131-11 Issuance of permit with conditions.

Whether the tree or trees to be removed are species listed on the New York State list of endangered or threatened trees or trees of special concern or of other historic interest.

The applicant will be notified of permit decisions within 14 days of the application being received by the Town. If the permit is denied, the applicant will be notified in writing by the Landscape Review Committee of the reason or reasons for such denial.

The Town of Clarence, at its sole discretion, may hire a New York State registered landscape architect to assist the Landscape Committee in a technical review of the applicant's submitted landscape plan. Any and all associated fees incurred by the Town, with regards to the landscape architect's technical assistance and review, shall be fully reimbursed by the applicant. A landscape plan shall not be approved until such reimbursement has taken place.

[Added 8-22-2018 by L.L. No. 5-2018]

Any permit issued pursuant to this chapter may be issued with conditions. Such conditions may be attached, as the Landscape Review Committee deems necessary, to assure the preservation and protection of affected wildlife habitat, wetlands and watercourses and to ensure compliance with the policies and provisions of this chapter.

Tree planting and replanting may be required as a condition of the issuance of a landscape/tree removal permit. In such cases the following restrictions shall apply:

Trees shall not be planted or replanted within five feet of a right-of-way or property line;

All utility companies and other underground facilities protective organizations must be contacted prior to planting or replanting;

All trees to be planted and replanted must be selected from the Town of Clarence species list;

Trees shall be a minimum caliper of 2.5 inches as measured six inches above grade. Depending on the selected species and location, the approving authority may reduce this requirement;

§ 131-13 Suspension or revocation of permit.

Once the tree planting has been undertaken it shall be the responsibility of the applicant to provide proper maintenance. Any planted or replanted tree required pursuant to this chapter that dies, shall be replaced.

(6)

The permit shall be prominently displayed at the project site during the undertaking of the activities authorized by the permit;

(7)

The boundaries of the project shall be clearly staked, marked or protected by fencing;

(8)

The permit holder shall notify the Town of the date on which the project is to begin at least five days in advance of such date.

§ 131-12 Performance bond.

The Landscape Review Committee may recommend the requirement, prior to the commencement of any clearing or timber-harvesting activity authorized under a permit issued pursuant to this chapter, that the applicant shall post a bond or other security acceptable to the Town Board. As determined by the Landscape Review Committee, this bond shall be posted in an amount, and with surety and conditions, sufficient to secure compliance with the conditions and limitations set forth in the permit.

The person filing the performance bond or other security, as approved by the Town Board, shall provide that either upon termination of the permit or the operation, whichever may come first, the project shall be in conformity with both the approved specific requirements of the permit and the provisions of this chapter. In the event of default of such and violation of any other applicable laws, such performance bond shall be forfeited to the Town. The Town shall return to the applicant any amount that is not needed to cover the costs of restoration, administration or any other expenses incurred by the Town as a result of the applicants default. Such performance bond shall continue in full force and effect until a certificate of compliance shall have been issued by the Landscape Review Committee and/or Zoning Code Enforcement Officer after such consultation with any agencies or individuals deemed necessary to insure that all provisions of this chapter and of the permit have been met.

The Zoning Code Enforcement Officer may suspend or revoke a permit in the form of a stop-work order if it finds that the applicant has not complied with any or all of the terms of such permit, has exceeded the authority granted in the permit, or has failed to undertake the project in the manner set forth by the Landscape Review Committee.

The applicant shall receive written notice of said stop-work order as soon as reasonably practicable but no later than three days after issuance of same, which notice shall be delivered personally or by certified mail and addressed to the applicants as shown on the permit. Such applicant shall be entitled to a hearing before the Landscape Review Committee after work has been stopped. If such a hearing is requested by the applicant, in writing, within five days of receipt of the notice of the stop-work order, such hearing shall be scheduled by the Landscape Review Committee within 10 days of receipt of the request for a hearing. After the close of the hearing, the Landscape Review Committee may confirm, modify or cancel the stop-work order.

The Landscape Review Committee shall review and set forth in writing its findings and reasons for recommending the revoking or suspending of a permit pursuant to this section and must keep a copy of said findings in the permit application file.

§ 131-14 Term.

No permit shall be valid for more than 18 months after issuance of a permit for a submitted plan by the Landscape Review Committee. In the case of site plans or subdivisions, the permit will go into effect at the time of construction. All permits shall expire upon completion of the work specified therein. The validity of any work duly completed pursuant to an existing permit shall not be affected by the expiration of the permit, but such work, excluding continued maintenance, shall not be continued beyond the expiration date. Permits may be renewed by the Landscape Review Committee upon application submitted at least 20 days prior to the expiration of the permit. Standards for the issuance of renewals shall be the same as for the issuance of permits.

§ 131-15 Waiver of requirements; appeals.

Where practical difficulties, unnecessary hardships and results inconsistent with the general purpose of this chapter or planning provisions thereof are encountered, waiver of requirements may be granted by a supermajority of the Town Board upon recommendation from the Landscape Review Committee.

A determination of the Landscape Review Committee to grant or deny a tree removal permit/landscape plan may be reviewed by the applicant or any other aggrieved person by the commencement of an action pursuant to the provisions of Article 78 of the Civil Practice Law and Rules within 30 days of the filing of such a determination with the Town Clerk.

In the event of an application denial by the Landscape Review Committee, the applicant may seek review by appealing to the Conservation Advisory Council, in which case the Conservation Advisory Council shall become the approving authority for such applications. Such review shall be requested not later than 20 days after the filing of the subject decision by the approving authority.

§ 131-16 Inspections.

Any site for which a landscape/tree removal permit application has been submitted shall be subject to inspection at any reasonable time, including weekends and holidays, by the Landscape Review Committee or its designated representative. The applicant, by making application for such permit, shall be deemed to have given his or her consent to such inspection.

Tree planting schemes and landscaping plans approved under site plan, subdivision and building permit applications shall be subject to inspections and compliance with the approved plans following the approval of said planting.

The Town of Clarence, at its sole discretion, may hire a New York State registered landscape architect to assist in the Town's technical inspection of the applicant's plantings per the approved landscape plan. Any and all associated fees incurred by the Town, with regards to the landscape architect's technical inspection, shall be fully reimbursed by the applicant. A final certificate of occupancy shall not be issued until such reimbursement has taken place.

[Added 8-22-2018 by L.L. No. 5-2018]

§ 131-17 Action upon completion of work.

Within 30 days after completion of all tree removals and/or landscape installation authorized under a permit issued in accordance with this chapter, the applicant shall notify the Town of such completion.

Within 30 days of such notification of completion of work, the Town shall inspect the landscaping/tree removal site for compliance with the terms and conditions of the permit.

When all the landscaping/tree removal(s) authorized under a permit are deemed to be completed in an acceptable fashion, the Town shall issue a certificate of completion, which shall be accompanied by cancellation or return of any bond collected for such permit.