[HISTORY: Adopted by the Town Board of the Town of Henrietta
as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-18-2015 by L.L. No. 1-2015]
All newly constructed homes are required to have a lawn installed,
which shall adhere to the following requirements:
A.
The minimum
thickness of the topsoil shall be six inches throughout the entire
lawn area.
B.
After a
certificate of occupancy is issued from the Town, the homeowner, builder
or developer shall have a minimum of six months to have the topsoil
in place and the lawn seeded. The new home shall have an established
lawn no later than 12 months from the issue date of the certificate
of occupancy.
The person(s) responsible for installing the lawn in accordance
with these regulations shall be identified in writing prior to a building
permit being issued. If no one is identified as being responsible,
it will automatically be the responsibility of the person(s) named
on the required Town of Henrietta building permit.
A.
A Town
of Henrietta building permit is required for all lawn irrigation systems
to assure that they are not mistakenly installed within the Town,
county or state right-of-way.
B.
Monroe
County Water Authority and Monroe County Department of Health approvals
are required for the backflow prevention device mandated for all lawn
irrigation systems.
Except for the building structure/driveway area, all remaining lot areas of the parcel shall be lawn following all requirements in this code. Any relief from this § 148-4 must be approved in writing by the Town of Henrietta Engineering Department in advance of installation of the lawn.
Approval and enforcement of the above provisions shall be the
responsibility of the Town of Henrietta Engineering Department.
[Adopted 5-10-2023 by L.L. No. 6-2023[1]]
[1]
Editor's Note: This local law also retitled the chapter from
"Lawns" to "Lawns, Brush, Grass and Weeds."
Purpose and intent. To protect the public health, safety and
the general welfare of the residents of the Town of Henrietta, it
is hereby declared that the Town of Henrietta Code shall provide for
the proper use of land and aim to prevent unhealthful, hazardous or
dangerous conditions to subsist on account of the accumulation of
plant growth, brush, grass, vegetation, rubbish or weeds or the growth
of noxious shrubs or weeds, all in order to protect the public health,
safety and the general welfare of the residents of the Town of Henrietta,
for example, by protecting against the harborage of rodents and pests
and associated disease, by protecting property values, and by preserving
sight lines and visibility. Thus, by this article, the Town seeks
to remove danger to health, life and property by requiring owners
of lands to cut, trim or remove plant growth, brush, grass, vegetation,
rubbish or weeds; to cut, trim, remove or destroy noxious shrubs or
weeds; and, upon default therein, to cause the same to be done and
assess the costs against the real property on which such plant growth,
brush, grass, vegetation, rubbish or weeds or shrubs are found or,
upon default therein, permit any authorized enforcement officer as
hereinafter prescribed to issue an appearance ticket as authorized
under local law pursuant to the Criminal Procedure Law, as amended
or changed.
As used in this article, the following terms shall have the
meanings indicated:
A plant that is potentially hazardous to people, either through
incidental contact or through consumption of small quantities, and
thus should be destroyed where it is in a location that may reasonably
come into contact with people. E.g., Poison Ivy.
Property that has been developed and includes, but is not
limited to, structures, parking lots, driveways, and/or lighting that
has been placed on said property.
To cut, trim or remove plant growth, brush, grass, vegetation,
rubbish or weeds, or to cut, trim, remove or destroy noxious shrubs
or weeds upon lands on a regular basis so as to prevent excessive
overgrowth, to maintain safe conditions and to maintain a uniform
appearance.
A plant that is noxious such that it presents a substantial
hazard to people, and thus should be destroyed regardless of its location.
E.g., Giant Hogweed.
Any person, individual or group of persons or individuals,
firms, partnerships, corporations, both business or membership, religious
or charitable or otherwise, any association or other unit or entity
owning real property.
One of a number of not-for-profit conservation groups recognized
by and which has coordinated with the Town of Henrietta, including
but not limited to the Genesee Land Trust and the Henrietta Foundation,
all in the furtherance of conservation in the Town.
An area covered by multiple trees in sufficient density such
that a tree canopy forms for deciduous trees, and/or where there is
minimal space between trees, such that lawns cannot adequately grow
and/or feasibly be maintained.
A.
Maintenance of plant growth, generally. All property in Town, regardless
of size or improvements thereon, must be maintained in a manner consistent
with the intent of this chapter, including such that plant growth,
brush, grass, vegetation, rubbish or weeds thereon are not permitted
to create an unsafe condition. An unsafe condition may include, but
is not limited to, for example, a condition which encourages the harborage
of rodents or pests in a manner which is likely to endanger public
health and safety, or a condition which impedes site lines and/or
visibility so as to create traffic/pedestrian safety issue.
B.
Noxious plants. No noxious plants shall be permitted. All noxious
plants shall be prohibited and removed.
C.
Hazardous plants. Hazardous Plants shall be removed when growing
in an area that may present a hazard to others, such as along fence
or property lines, near children's play areas, and similar areas
likely to result in contact with people.
D.
Maintenance of lawn areas. Established lawn areas must be cut and
maintained on a regular basis so that weeds, grasses, annual plants
and vegetation (not including trees, shrubs or cultivated flowers
and gardens) thereon do not exceed six inches in height.
E.
Lawn area requirements for improved property. Subject to the exemptions
herein, the following shall apply to improved property:
(1)
Single-family residence. For purposes of this article, the established
lawn area for any parcel containing a single-family residence shall
be at least 3/4 acre, or the entire parcel, whichever is smaller.
Additionally, for parcels greater than 3/4 acres in size, the established
lawn area must, at a minimum, surround any and all structures on the
property.
(2)
Multifamily residence. The established lawn area shall consist of
the entire parcel unless designated areas of wild-growth, woods, or
other such non-lawn areas are designated on the approved site plan.
(3)
Industrial, commercial, or other. The established lawn area shall
consist of the entire parcel unless designated areas of wild-growth,
woods, or other such non-lawn areas are designated on the approved
site plan.
F.
Lawn area requirements for unimproved property. Subject to the exemptions
herein, the following shall apply to property which is not improved:
(1)
All unimproved lots. The portion of the parcel that is within 15
feet from the edge of the pavement of the right-of-way or within 10
feet from the edge of a public sidewalk, whichever is greater, must
be maintained as lawn area such that plant growth, brush, grass, vegetation,
or weeds (not including trees, forests, shrubs or cultivated flowers
and gardens) do not exceed six inches in height.
(2)
Unimproved residential lots within a subdivision. In addition to
the above requirement for all unimproved lots, once a subdivision
has more than 50% of the subdivision's lots improved, all remaining
unimproved lots must be maintained so as to keep plant growth, brush,
grass, vegetation or weeds from exceeding 10 inches in height.
G.
Unobstructed rights-of-way. The portion of any parcel that is within
15 feet from the edge of the pavement of the right-of-way or within
10 feet from the edge of a public sidewalk, whichever is greater,
must be maintained as lawn area such that plant growth, brush, grass,
vegetation, or weeds (not including trees, forests, shrubs or cultivated
flowers and gardens) do not exceed six inches in height. In addition,
all trees, forests, shrubs, flowers, gardens, or other objects must
be maintained so as to neither impede the sight lines of any public
right-of-way nor create a traffic or pedestrian safety issue on a
public sidewalk, public road, public trail, or other public right-of-way.
The following shall be exempt from the provisions of this article:
A.
Lands subject to conservation easements or conservation deed restrictions
of record, which easement/restriction was required by a governmental
entity or by a Town-recognized conservation group, where maintenance
therein would violate the provisions of such conservation easement/restriction.
B.
Lands within a conservation easement, held by a governmental entity
or by a Town-recognized conservation group, that expressly allows
for wild-growth, woods, or other non-lawn areas, within the boundaries
of the easement.
C.
Federal and/or state wetlands.
D.
Wooded areas.
E.
Areas with a slope greater than 30%.
An aggrieved person or entity may seek relief from the regulations at § 148-22F(1) and/or § 148-22G, and only as they relate to the required setback from the edge of pavement or sidewalk, by appeal to the Zoning Board of Appeals for an area variance in accordance with the procedures and standards set forth in Chapter 295, Zoning, of the Henrietta Town Code and Article 16 of the New York State Town Law.
The Town Board, Commissioner of Public Works, Superintendent
of Highways, Building Inspector, Fire Marshal, Code Enforcement Officer,
or designee, may from time to time require notice to be served upon
owners, as hereinafter provided, to remedy any of the foregoing conditions
which may exist upon the land.
Any owner of real property in the Town of Henrietta, except
within the property lines of any lands or highway easements owned
by another municipal corporation or political subdivision of the state,
shall be required to cut, trim or remove plant growth, brush, grass,
vegetation, rubbish or weeds, or to cut, trim, remove or destroy noxious
shrubs or weeds, upon their lands when ordered to do so by the Town
pursuant to this article. Compliance is required within seven days
of receipt of notice.
Whenever the Town issues a notice requiring the owner(s) of
land to cut, trim or remove plant growth, brush, grass, vegetation,
rubbish or weeds or to cut, trim, remove or destroy noxious shrubs
or weeds upon their lands, such notice shall specify the place, manner
and time (not less than seven days from the receipt of said notice)
within which such work shall be completed. The notice shall be served
upon such owner or owners by registered or certified mail addressed
to his or her or their last known address.
Whenever a notice referred to herein has been served upon such
owner or owners of the respective lots or parcels of land to cut,
trim or remove plant growth, brush, grass, vegetation, rubbish or
weeds or to cut, trim, remove or destroy noxious shrubs or weeds,
and such owner or owners shall neglect or fail to comply with the
requirements of such notice within the time provided therein, the
Town Board, Commissioner of Public Works, Superintendent of Highways,
Building Inspector, Fire Marshal, Code Enforcement Officer, or designee
shall authorize the work to be done by the Town. The cost thereof
shall be paid out of the general Town funds to be appropriated by
the Town Board for such purposes. In addition, the Commissioner of
Public Works, Building Inspector, Fire Marshal, Code Enforcement Officer,
or designee Inspector may also issue an appearance ticket subscribed
by him or her, directing the owner or owners to appear in a designated
local criminal court at a designated future time in connection with
this alleged commission of a designated offense of this article.
Should the Town Board, Commissioner of Public Works, Superintendent
of Highways, Building Inspector, Fire Marshal, Code Enforcement Officer
or designee authorize the work to be done, then the Town shall be
reimbursed for the cost thereof, including, but not limited to, out-of-pocket
and administrative expenses of the work performed or services rendered
at the direction of the Town, as hereinabove provided, by assessment
and levy upon the lots or parcels of land wherein such work was performed
or such services rendered, and the expenses so assessed shall constitute
a lien and charge on the real property on which it is levied until
paid or otherwise satisfied or discharged and shall be collected in
the same manner and at the same time as other Town charges.
A.
A violation of this article or any section or provision thereof shall
be an offense and shall be punishable, upon conviction thereof, by
a fine of not less than $100 nor more than $250. These penalties shall
be in addition to the other remedies available to the Town.
B.
The imposition of one penalty for any violation shall not excuse
the violation or permit it to continue, and all such persons shall
be required to correct or remedy such violations or defects as otherwise
required herein.
