This chapter shall hereafter be known as the
"Landscape and Tree Conservation Local Law."
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.
[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.
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:
A. 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.
B. The removal of over 10 trees per approved building
lot within a regulated setback area unless prior approval is granted
during subdivision approval.
C. Clearing/clear cutting, as defined herein.
D. Timber harvesting that involves the construction of
haul roads or stream crossings.
E. Removal of any street or park trees.
The following activities are permitted by right:
A. 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.
B. Removal of dead or diseased trees, including those
located on private property that constitute a hazard to life or property.
C. Removal of 10 or fewer trees per approved building
lot within the regulated setback area.
D. Trimming/pruning/removal/planting of any trees of
any size by an individual property owner within an existing residential
neighborhood.
E. 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.
F. The routine maintenance of roads, easements and rights-of-way
and the clearing of farm fence lines.
G. 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.
H. Growing nurseries and Christmas tree farms.
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.
As used in this chapter, the following terms
shall have the meanings indicated:
APPLICANT
A person requesting a landscape plan approval/tree removal
permit from the Town or a person to whom a tree removal permit has
been issued.
APPROVING AUTHORITY
The Town Landscape Review Committee, Building Inspector or
designee, Highway Superintendent, Parks Superintendent, or other approving
authority to which oversight of this chapter is given by the Town
of Clarence Town Board.
CALIPER
The measurement of the size in inches of the diameter of
small trees (under six inches) usually measured at six inches above
grade. Trees greater than six inches of diameter are measured 12 inches
above the ground. This measurement is generally used for tree-planting
measurement applications.
CLEAR CUTTING
The large-scale, indiscriminate removal of trees, shrubs,
and undergrowth with the intention of preparing real property for
nonagricultural development purposes.
CLEARING
Any intentional or negligent cutting or activity that completely
removes or significantly disturbs any type of vegetation resulting
in the decline or death of that vegetation on more than 1/4 acre of
land, such area being measured as a square with each side measuring
100 feet or as that part of a quarter-acre area which is located on
the subject property.
CODE ENFORCEMENT OFFICER
The officer designated by the Town of Clarence and charged
with the enforcement of zoning, building and fire prevention codes.
DEVELOPMENT
Subdivision and site plan review projects and other nonagricultural projects, including any projects requiring discretionary approval of the Town Board, including change in use of existing uses, as defined in Chapter
229, Zoning Law of the Town of Clarence.
DIAMETER AT BREAST HEIGHT (DBH)
A standard measurement of the diameter of a large tree (above
six inches) trunk made at 4 1/2 feet above ground level on the
uphill side of the tree. This measurement is generally used for tree
removal measurement applications.
EROSION
The wearing away of the land surface by the action of wind,
water, and gravity or other natural forces.
LANDSCAPED AREA
The area required or permitted under this chapter to be devoted
to landscaping and environmental improvement, which may include existing
and new vegetation, berms, ornamental lighting, street furnishings
and ornamental features which are integrated with the vegetation.
NEW BUILD
Any new construction for which a building permit is issued.
OPEN SPACE OR OPEN AREA
Any space or area characterized by natural scenic beauty
or whose existing openness, natural condition or present state of
use, if retained, would enhance the present or potential value of
surrounding lands or would maintain or enhance the conservation of
natural resources.
OPEN SPACE/RECREATION PLAN
The Town of Clarence Open Space/Recreation Plan as incorporated
into the adopted Comprehensive Master Plan.
PARK
An area of land dedicated to active or passive recreational
pursuits.
PARKING AREA
The off-street parking area and loading and unloading area
required by the Town of Clarence Zoning Law.
PARK TREES
Trees, shrubs and all other woody vegetation in public parks
having individual names or areas in which the public has free access
as a park, established public green area, trails, sanctuary and/or
conservation area.
PERSON
Any individual person, firm, partnership, association, corporation,
company, organization, or legal entity of any kind, including public
agencies and municipal corporations.
REGULATED ACTIVITY
Any activity requiring the issuance of a permit from the
Town of Clarence.
REGULATED SETBACK AREA
The regulated horizontal distance from any existing or proposed
building or structure to the property line or street line.
SPECIMEN TREE
Any tree that is determined to have a good chance of survival
and that possesses qualities that are beneficial to wildlife, regardless
of size. Two distinct forms of specimens are included: ornamental
specimen is a perfect example of a genus, and mercantile specimen
is a valuable wood type with commercial value.
STREET TREES
Trees, shrubs, and all other woody vegetation on land within
a public right-of-way.
SUBDIVISION
Any lot split requiring approval under the Subdivision Law of the Town of Clarence (Chapter
193 of the Code of the Town of Clarence).
TIMBER HARVESTING
Any activity that involves the selective cutting and removal
of mature trees by a landowner or representative of a landowner, whether
or not compensation is paid. This activity is considered an agricultural
operation and must occur in the agriculture zoning district of the
Town. Actions that do not meet this definition will be deemed clear
cutting.
TOWN
The Town of Clarence, New York.
TOWN BOARD
The Town Board of the Town of Clarence, New York.
TREE
Any living, woody plant, usually having one or more self-supported
stems or trunks and numerous branches, that can attain heights in
excess of 20 feet and has a DBH of 2.5 inches or more.
TREE REMOVAL
Any physical removal of a tree or any act that will cause
a tree to die within a one-year period.
TREE REMOVAL PERMIT
A permit granted under this chapter that allows for the removal
of regulated trees as defined herein.
WETLAND
All lands and submerged lands, commonly called marshes, swamps,
sloughs, bogs, and flats, that support aquatic or semiaquatic vegetation.
These areas are transitional zones that occur between terrestrial
upland systems and deepwater aquatic systems and are part of a continuous
gradient between both. Wetlands provide flood control, surface and
groundwater protection, wildlife habitat, open space, and water resources.
Regulated wetlands are identified by the United States Army Corps
of Engineers or the New York State Department of Environmental Conservation.
WILDLIFE HABITAT
The arrangement of food, water, shelter or cover and space
necessary for the existence of wildlife.
WOODLAND
Land that is covered with woody vegetation.
ZONING ENFORCEMENT OFFICER
For purposes of this chapter, the Zoning Enforcement Officer
may be the Director of Community Development, Assistant Director of
Community Development, Zoning Code Enforcement Officer, or any Building
Inspector.