[HISTORY: Adopted by the Town Board of the Town of Phelps 7-14-2014 by L.L. No.
2-2014. Amendments noted where applicable.]
It is the purpose and intent of this chapter to:
A.
Require, for any permitted or special use, that a landscaping plan
for all sites located within the Town of Phelps, except single- and
two-family dwellings, be presented to the Planning Board as part of
their site plan review.
B.
Sustain and preserve the rural character of the Town. To that end,
require that the natural vegetation be preserved to the maximum extent
practicable and require new landscaping use noninvasive plant materials
within the Town.
C.
Establish provisions which will help buffer incompatible uses from
each other and provide transition zones between different types of
uses.
D.
Soften the appearance of structures and to screen undesirable views.
E.
Provide unpaved areas for the absorption of surface waters.
F.
Prevent soil erosion and provide shade.
G.
Conserve and stabilize property values and otherwise facilitate the
creation of an attractive and harmonious community.
H.
Relieve the barren appearance of parking areas.
I.
Generally preserve a healthful and pleasant environment for Town
residents and visitors.
J.
When development occurs, ensure all disturbed areas are revegetated
and landscaped.
Landscape requirements shall be determined by the Planning Board
in the course of its review of site plan applications and by the Zoning
Board of Appeals in the course of its review of special use permit
applications.
As used in this chapter, the following terms shall have the
meanings indicated:
Except for farms, any portion of a lot used for open off-street
parking or for open sales, service or storage areas for motor vehicles
or contractors' equipment shall be deemed to be an "automotive
use area" and shall be subject to the landscaping requirements of
this chapter.
In reference to a tree, the measurement of the thickness
of the trunk, so a two-inch-caliper tree means that the trunk is two
inches across. If the trunk of the tree is not perfectly round, a
couple of measurements should be taken and an average of those measurements
used.
As part of any site plan or special use permit review, the applicant
shall include within the application for such review existing major
vegetation (trees and shrubs), ground contours, existing watercourses,
bodies of water and water features and decorative or man-made features
such as fencing and retaining walls and indication of proposed landscaping
treatment, including species, sizes and approximate locations.
The particular type of landscape treatment required shall be
determined by the Planning Board or Zoning Board of Appeals, depending
on the application, according to the following major types of treatment:
A.
Visual separation, including earth-mounding and screen planting techniques
designed to obscure or soften an unattractive or incompatible view.
B.
Visual setting, including ground cover and plant materials designed
to stabilize the landform and provide an appropriate foreground or
setting.
C.
Physical separation, including a combination of plant and man-made
materials designed to separate distinct land use types or activities.
In the application of this chapter, the Planning Board or Zoning
Board of Appeals, depending on the application, shall use the following
standards:
A.
Where any commercial, industrial or specially permitted use in any
district abuts land in any residential district, a strip of land at
least 75 feet in width shall be maintained as an open landscaped area
in the front yard, side yards and rear yard which adjoins these other
districts. Such dimension may be a part of the required minimum yard
dimensions and is not in addition to the minimum yard dimensions.
B.
No landscape feature, including any fence, wall or solid screen planting
more than three feet in height, shall be erected, placed or maintained
within the required minimum front yard, which obstructs visibility
in such a manner as to interfere with the safe movement of vehicular
traffic.
C.
Plastic or other types of artificial plantings or vegetation shall
not be permitted.
D.
No permanent impervious surfacing shall be located around the base
of any tree or shrub which may impede the growth of the tree or shrub.
E.
All planting shown on an approved site plan or special use permit
application shall be maintained in a vigorous growing condition, and
plants not so maintained shall be replaced with new plants at the
beginning of the next growing season. The owner, tenant, and their
agent, if any, shall be jointly and severally responsible for the
maintenance of all landscaping, which shall be maintained in good
condition, so as to present a healthy, neat and orderly appearance
and shall be kept free from refuse and debris.
F.
Landscaping shall be installed according to the approved site plan
or special use permit required above. Installation shall be completed
within six months of the related improvements as defined in the application
and shall be a condition of obtaining a permanent certificate of occupancy.
G.
All nonresidential uses must reserve a minimum of 30% of the total
lot area in green/open space and landscaping. The Zoning Board of
Appeals may modify this requirement through a request for an area
variance by the applicant.
H.
The following requirements shall pertain to automotive use areas,
parking areas and off-street loading:
(1)
In all zoning districts, automotive use areas shall be separated
from the street side property line by a vegetated, landscape buffer
strip as required by the following:
|
Average Automotive Use Area Depth
(depth from street line)
(feet)
|
Minimum Required Buffer Width
(as measured from property line)
(feet)
|
|---|---|
|
100 or less
|
20
|
|
100.01 to 150
|
25
|
|
150.01 to 200
|
30
|
|
200.01 or more
|
35
|
(2)
In all zoning districts, public and private automotive use areas
containing more than 10 parking spaces shall have at least one shade
tree for each 10 parking spaces or portion thereof. Said trees shall
be located within the paved area of the parking lot. Each tree shall
be installed within a protected planting island with no less than
100 square feet of soil or permeable surface area per tree or within
10 feet of the pavement area. The trees shall be maintained by the
owner and/or lessee of the property and shall not be cut down or otherwise
removed when the lot is altered or enlarged. Said trees may be moved
to another location on the lot upon the approval of the Planning Board.
Trees and their associated planting areas shall be located so as to
provide visual relief and to assure safe traffic patterns of internal
vehicular and pedestrian circulation.
(3)
In all zoning districts, automotive use areas designed for more than
10 cars, a minimum of 5% of the interior of the automotive use area
shall be devoted to landscaping. The arrangement and location of the
landscaped area shall be dispersed throughout the automotive use area
so as to prevent unsightliness and monotony of parked vehicles.
In application of this chapter, the Planning Board or the Zoning
Board of Appeals, depending upon the application, shall use the following
guidelines:
A.
Landscaping required under this chapter is to be installed and maintained in front, side and rear yards as developed and shall take the form of shade trees, deciduous trees, evergreens, shrubs, well-kept grassed areas and ground cover. The Town's site plan review provides under § 115-2F that the "proposed site is properly landscaped." As a guideline, at least one canopy shade tree shall be planted no nearer than 10 feet from any lot line for each 1,250 square feet of required landscaping area, and one deciduous shrub or evergreen shall be planted for each 250 square feet of landscaped area (see Exhibit A for an example).[1] For the purpose of calculating the amount and size of
plant material, the applicant will use the square footage contained
within the minimum yard dimensions for the Zoning District in which
the property is located. In order to meet the purpose and intent as
stated above, additional landscaping above and beyond this minimum
may be required by the approving body of the Town taking into account
such factors as the amount, type, location and scope of the proposed
development among other relevant considerations. Alternatively, where
significant existing major vegetation is already on the property,
the applicant may meet the landscape purpose and intent herein by
agreeing to preserve the existing vegetation in a manner acceptable
to the approving body of the Town. All such landscaping, along with
ground cover or grassed areas, shall be maintained in a healthy growing
condition.
[1]
Editor's Note: Exhibit A is included as an attachment
to this chapter.
B.
Minimum plant size. Unless otherwise specifically stated elsewhere
in this chapter, all plant material shall meet the following minimum
size standards:
|
Plant Material Type
|
Side or Rear Yards
|
All Other Plantings
| |
|---|---|---|---|
|
Canopy tree
| |||
|
Single stem
|
1 1/2 inch caliper
|
2 1/2 inch caliper
| |
|
Multistem clump
|
6 feet (height)
|
10 feet (height)
| |
|
Understory tree
|
4 feet (height)
|
1 1/2 inch caliper
| |
|
Evergreen tree
|
3 feet (height)
|
5 feet (height)
| |
|
Shrub
| |||
|
Deciduous
|
15 inches (height)
|
24 inches (height)
| |
|
Evergreen
|
12 inches (height)
|
18 inches (height)
| |
C.
Plant material substitutions. The following plant materials substitutions
shall satisfy the requirements of this chapter:
D.
Unique natural areas and open spaces such as streams, ponds, marshes,
steeply sloped areas and woodlands shall be preserved wherever possible.
E.
Where existing topography and/or landscaping provides adequate screening,
the Planning Board or the Zoning Board of Appeals, depending upon
the application, may modify the planting and/or buffer requirements.
F.
Consistent with the intent of providing unpaved areas for absorption
of surface waters and preventing soil erosion, applicants shall incorporate
the stormwater management functions as outlined in Appendix H of the
New York State 2010 Stormwater Management Design Manual.
