[HISTORY: Adopted by the Town Board of the Town of Henrietta 2-18-2015 by L.L. No. 1-2015. Amendments noted where applicable.]
The purpose of this article is to encourage the creation, expansion and proper maintenance of habitats for butterflies and birds in residential rear yards in the Town of Henrietta.
As used in this article, the following terms shall have the meanings indicated:
- NOXIOUS PLANT MATERIAL
- Giant hogweed. (Only plant material listed here is considered noxious. This list may be updated from time to time.)
- REAR YARD
- The area behind a residential dwelling. See the definition of "yard, rear" in Chapter 295, Zoning, § 295-2. Side yards and front yards, as defined in Chapter 295, cannot be used for wildlife habitats.
- WILDLIFE HABITAT
- An area that may be inhabited by any animal species that could be present naturally at some time in that area.
This article applies specifically to butterfly and bird habitats only. These wildlife habitats, however, may attract other animals. This natural process is not considered a violation of this article.
Property owners in the Town of Henrietta may create, expand and/or maintain wildlife habitats in the rear yard of their dwelling. The habitat is limited to the area in the rear yard between a line 50 feet from the back of the house to a line 10 feet from the end of the rear property line side setbacks of four feet. Maximum habitat area shall be no greater than 2,500 square feet.
The selection of plant material used in the wildlife habitat is at the discretion of the property owner, except that noxious plant material, as defined in § 289-2, is not permitted.
The plant material selected for the wildlife habitat may achieve all of its natural growth characteristics. This article does not limit, in any way, any of the natural growth characteristics. Must be maintained within the area allowed.
[Amended 10-21-2015 by L.L. No. 11-2015]
The provisions of this article shall control in the case of all wildlife habitats as defined above. In case of conflict with other provisions of the Town Code, ordinances or regulations, including Chapter 205, Property Maintenance, this article shall prevail.