Town of Union, NY Article 54 Landscaping, Screening, and Buffering Regulations

§ 300-54.1 Intent.

The following standards are intended to implement the Town and Villages long-term planning goals by assuring an acceptable degree of buffering between land uses, particularly between residential and nonresidential uses, including agricultural operations, 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, these regulations are 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.

§ 300-54.2 General requirements.

A. Development activities requiring site plan approval shall submit, as part of such approval, a landscaping plan in accordance with Article 54 of this chapter. This shall include, but not be limited to, commercial, retail, industrial, multifamily residential, and institutional uses.

B. 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 these regulations in accordance with their size and location.

C. The 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 seasonable impracticalities. In this case, all landscaping work shall be completed by June 30th of the year following the issuance of the certificate of occupancy.

D. All required landscaping shall be of healthy stock and planted according to accepted horticultural practices. Landscaping plans may also include a landscape maintenance plan as required in Article 54 to clearly indicate who is responsible for plant maintenance during the first 24 months after planting, and a performance guaranty may be posted for assuring replacement in kinds of plants which die or become diseased within that time at the Planning Board discretion.

E. All required landscaping shall be maintained in healthy condition by the property owner. Failure to maintain such landscaping or to replace dead or diseased landscaping required by this chapter shall constitute a violation of these regulations.

F. Where existing conditions make compliance with these regulations not feasible, the Planning Board, at its discretion, may approve planters, plant boxes or pots containing trees, shrubs and/or flowers to comply with the intent of these regulations.

G. Trees for screening shall be of species and stock that will provide a visual screen from the ground up, at least five feet in height. Species adequate for the Town and Village can be determined by a registered landscape architect, landscape consultant, or other professionals or using resources such as the National Arbor Day Foundation or the local Cornell Cooperative Extension.

H. Trees shall have minimum caliper of two inches at the time of planting. Shrubs shall have a minimum height of two feet at the time of planting.

I. Pedestrian access to sidewalks or buildings should be considered in the design of all landscaped areas.

§ 300-54.3 Landscaping standards.

All plant materials must conform to the most current edition of the American Nursery and Landscape Association's American Standard for Nursery Stock (ANSI Z60.1 — 2004). Applicants are required to design and install landscaping that shall be tolerant of typical environmental conditions of this region (USDA Hardiness Zone 5). Proper trees shall be chosen where any height restrictions (i.e. power lines) exist to minimize conflicts and improper pruning techniques.

A. Perimeter landscaping. Landscaping shall be required along the perimeter of projects, or within the required setbacks, and shall be provided except where driveways or other openings may be required. The Planning Board may consider alternatives to the location of landscaping materials, based on the existing character of the neighborhood. For large development projects such as shopping centers, perimeter landscaping shall apply to the full perimeter of the project, and not to internal property lines. The linear feet guidelines below are to be used to calculate the number of required plantings; they do not require that plantings be uniformly spaced. Rather, grouping of plants consistent with accepted landscape practice is encouraged. Specific requirements are as follows:

(1) At least one tree for each 40 linear feet of the perimeter of the lot; and

(2) At least one shrub for each 10 linear feet of the perimeter of the lot.

B. Parking areas. Parking lots containing 20 or more spaces shall be internally landscaped so as to provide shade and screening and in order to facilitate the safe and efficient movement of traffic. The area designated as required setbacks shall not be included as part of the required landscaping. Plantings shall be spaced and grouped consistent with accepted nursery standards, and shall not be located in a manner that impedes driver visibility. Specific requirements are as follows:

(1) A landscaped buffer at least 10 feet in width must be provided between a parking lot and the public rights-of-way. In traditional village settings, this distance may be reduced to be consistent with existing setbacks;

(2) Shade trees shall be planted along the frontage, parallel to the frontage road with a spacing not to exceed 40 feet or consistent with existing tree spacing on neighboring lots when present;

(3) A minimum of one landscaped island, at least 200 square feet in size, shall be provided for every 20 parking spaces contained within each single row of parking. Islands shall be planted with trees and shrubs with a minimum of one tree per 20 parking spaces;

(4) End islands shall be required for all parking configurations entirely surrounded by drive aisles, provided that such configurations contain more than five spaces in a single row and 10 spaces in a double row. End islands shall completely separate the parking spaces from the drive aisle;

(5) Landscaped parking lot medians, a minimum of 10 feet in width, shall be used to completely separate driveway entrance aisles from parking areas;

(6) Landscaped areas shall contain no less than eight feet in average width;

(7) Trees and shrubs located within or adjacent to paved areas shall be salt tolerant;

(8) All plant material adjacent to parking areas, loading areas, and driveways shall be protected by barriers, curbs, or other means to prevent damage from vehicles.

(9) All landscaped areas shall be planted with vegetative groundcover or shall be mulched, so that no bare ground exists; and

(10) Plantings shall present a clear view of any driving lane within 15 feet.

C. Screening. To reduce headlight glare from parked vehicles, lighting from a parking or loading area, as well as reduce noise and airborne particles, the following standards are provided for parking areas, loading areas, drive-through lanes, and maneuvering areas.

(1) A landscaped barrier at least 10 feet in width shall be provided to screen vehicular activity.

(2) If there is insufficient space to accommodate a ten-foot landscaped area, the Planning Board may allow screening to consist of a wall, fence, berm, hedge, or other plant materials or combinations thereof no less than five feet high.

(3) Minimum screening requirements shall also be provided, but not limited to, the following situations:

(a) Multifamily dwellings abutting single-family or two-family dwellings.

(b) Commercial, industrial, and institutional uses abutting single-family and two-family residential uses.

(c) Manufactured home communities abutting a public right-of-way, single-family or two-family use.

(d) Outdoor storage areas specified in Article 40 of this chapter.

(e) New residential development adjacent to active farm operations or vacant, open fields that contain prime agricultural soils.

§ 300-54.4 Landscaping plan.

A. The Planning Board may determine that 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) Drainage patterns.

(6) 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 protected or removed.

(7) Landscaping of parking areas, access aisles, entrances, common open areas, recreation areas, and perimeter buffer areas.

(8) Other information as may be required by the Code Enforcement Officer and/or the Planning Board.

B. Alternative landscaping plans may be submitted, provided that they meet the purpose and intent of these regulations.

§ 300-54.5 Landscaping maintenance.

A landscape maintenance agreement shall be required and executed prior to the issuance of a certificate of occupancy for commercial, industrial, multifamily residential and institutional uses. The agreement shall ensure the long-term care of the landscape, making the property owner and/or lessee responsible for maintaining the quality of all plant material, non-plant landscaping, and irrigation systems used in conjunction with the landscaping. Improper maintenance shall be determined through periodic inspection by the Code Enforcement Officer.

A. Maintenance shall include, but not be limited to, watering, weeding, mowing (including trimming at the base of fencing), fertilizing, mulching, proper pruning, and removal and replacement of dead or diseased trees and shrubs on a regular basis.

B. All landscaping and plant material that is missing, dead, decaying, or injured as of September 30 shall be replaced by June 30 of the following year at the owner's expense. The replacement shall be of the same species and size unless otherwise approved.

C. Irrigation systems shall be designed to minimize spray on buildings, neighboring properties, roads or sidewalks; maintained in proper operating condition and conserve water to the greatest extent feasible through proper watering techniques.

§ 300-54.6 Screened dumpster or service area requirements.

In any district, all areas designated, used or intended to be used as dumpster or service areas for any building or land use, other than one-family and two-family dwelling units, shall be screened from view with either a wall, a solid fence or a combination of fencing and evergreens creating a solid visual barrier to a height of at least five feet above grade level on all sides where the adjacent land is in a residential district or a residential use.