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

§ 325-54.1 Purpose and intent.

A. Purpose. The Town of Manchester recognizes the value of trees and landscaping and that the preservation and enhancement of these resources is necessary to protect the health, safety and welfare of residents. Landscaping is considered an integral part of site design, offering shade and habitat, impeding soil erosion, providing water absorption and retention to inhibit excess runoff and flooding, enhancing air quality, offering a natural barrier to noise and enhancing property values and providing scenic beauty. Landscaping emphasis shall be placed on providing features that enhance the overall aesthetics of development and the character of the Town.

B. Intent. The following standards are intended to ensure an acceptable degree of landscaping, screening, and buffering between land uses, particularly between residential and nonresidential uses, 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:

1) Encourage the landscaping of developments and to dissuade the unnecessary clearing and disturbing of land so as to preserve the natural and existing growth of flora and to replace removed flora or plan new flora indigenous to the region.

2) Provide natural visual screening of parking areas and along property boundaries to protect the existing visual quality of adjacent lands.

3) Reduce surface runoff and minimize soil erosion through the natural filtering capability of landscaped areas.

4) Provide natural buffers that reduce glare and noise, and protect wetlands, stream corridors and other significant environmental features.

5) Moderate the microclimate of parking areas by providing shade, absorbing reflected heat from paved surfaces and creating natural wind breaks.

6) Enhance the overall environmental and aesthetic quality of the community in order to provide a healthful and pleasant atmosphere for Town residents and visitors.

§ 325-54.2 Applicability.

All nonresidential and multiple-family development that is otherwise subject to site plan review shall meet the requirements of this article.

§ 325-54.3 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. Relief from any landscape plan requirements that are deemed unnecessary may be granted by the Planning Board.

§ 325-54.4 General requirements.

A. Existing site features. Existing unique, cultural, or natural site features, such as stonewalls, shall be incorporated into landscaping plans to the maximum extent feasible. Sites that possess significant ecological properties such as aquifers, public water supply watersheds, wetlands, and streams whose degradation would negatively affect other properties should be developed in a manner that will effectively prevent the possibility of such degradation.

B. Completion of work. 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, all landscaping work shall be completed by June 30 of the year following the issuance of the certificate of occupancy.

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

D. Existing trees. Existing healthy trees with a minimum twelve-inch caliper should be identified on site plans and preserved. Said preserved trees shall be credited against the requirements of these regulations in accordance with their size and location.

§ 325-54.5 Plant specifications.

A. Appropriate species.

1) Plant and landscape materials shall be compatible with soil conditions on-site and the regional climate. Native plant species are encouraged.

2) All grasses, trees, and plant material shall be in accordance with those appropriate for the Town of Manchester's Plant Hardiness Zone as defined by the United States Department of Agriculture.

3) Under no circumstance shall any site include plant material that is considered by the NYSDEC to be a prohibited and regulated invasive species per NYS Law 6 CRR-NY V C 575.[1]

[1] Editor's Note: See Title 6, Department of Environmental Conservation, Chapter V, Resource Management Services, Subchapter C, Invasive Species.

B. Minimum plant size. Unless otherwise specifically stated elsewhere in this section, all plant materials shall meet the minimum size standards set forth in Table 54-1 below.

Table 54-1: Minimum Plant Size in Buffer
Plant Material	Side or Rear Yards	All Other Areas
TREES
Deciduous	1 1/2 inch caliper	2 1/2 inch caliper
Evergreen	4 feet (height)	5 feet (height)
SHRUBS
Deciduous	15 inches (height)	24 inches (height)
Evergreen	12 inches (height)	18 inches (height)

§ 325-54.6 Landscaping standards.

All landscaped areas are subject to the following standards:

A. Lawn area.

1) Grass areas shall be planted in a species well adapted to localized growing conditions in Ontario County, New York. Grass areas may be sodded, plugged, sprigged, hydromulched, or seeded except that solid sod shall be used in swales or other areas subject to erosion.

2) In areas where other than solid sod or grass seed is used, over-seeding shall be sown for immediate effect and protection until coverage is otherwise achieved.

3) Replacement or over-seeding mixes shall match or compliment the original installation.

B. 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.

C. Building foundations. Building foundations shall be planted with ornamental plant material, such as ornamental trees, flowering shrubs, perennials, and ground covers. The arrangement of said landscaping shall be arranged along the front facade as well as any facades visible from the public right-of-way. Trees and shrubs shall be provided according to the following requirements:

1) At least one tree for each 30 linear feet of the perimeter of the building; and

2) At least one shrub for each five linear feet of the perimeter of the building.

D. Parking areas. Parking lots containing 10 or more spaces shall be internally landscaped and provide the following:

1) A landscaped buffer at least 10 feet in width provided between a parking lot and the public rights-of-way;

2) A landscaped island or median for every 10 spaces, planted with at least one tree no smaller than two-inch caliper (trunk diameter at four foot height). Large and medium shade trees (no less than eight feet in height at maturity) are recommended. Due to heat and drought stress and vision clearances, ornamental and evergreen trees are not recommended in parking areas;

3) Islands and medians a minimum of eight feet wide at the shortest side to protect plant materials and ensure proper growth (see figure below);

4) Islands utilized to separate parking stalls into groupings of not more than 20 spaces between islands (see figure below); and

5) Parking lots broken up into "rooms" of no more than 40 spaces, separated by landscaped islands or pedestrian accessways or sidewalks (see figure below).

E. Screening requirements.

1) A fence without landscaping shall not be considered a buffer.

2) A landscaped barrier at least 10 feet in width shall be provided to screen vehicular activity from adjacent properties. 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 in height.

§ 325-54.7 Landscaping maintenance.

It shall be the responsibility of the property owner and/or lessee to maintain the quality of all plant material, non-plant landscaping, and irrigation systems used in conjunction with the landscaping.

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 by the Code Enforcement Officer.

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.

D. Improper maintenance shall be determined through periodic inspection by the Code Enforcement Officer. The Code Enforcement Officer may require a review and status report of plantings by a professional landscaper, arborist, or engineer. All reasonable costs for review and determination shall be at the expense of the property owner.

§ 325-54.8 Screening of dumpsters, service areas and mechanicals.

In any district, all dumpsters, service areas or mechanical units used or intended to be used for any building or land use other than one-family and two-family dwelling units, shall be subject to the following:

A. All dumpsters, service areas and mechanicals must be located behind the front building line; and

B. All dumpsters, service areas and mechanicals shall be screened from view with either a wall, a solid fence or a combination of fencing and evergreens creating a solid visual barrier from adjacent properties and the public right-of-way. Said barrier shall be 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.

§ 325-54.9 Buffering of nonresidential uses.

Where any nonresidential use abuts a residential use or district, including off-street parking areas, a landscaped buffer of at least five feet in width shall be provided. Such buffer shall include one or any combination of the following screening as approved in site plan review. The requirements may be modified by the Planning Board if deemed necessary to fulfil the purpose and intent of these regulations.

A. A landscaped earthen berm a minimum of two feet high plus plantings a minimum of two feet high (a total of four feet high).

B. A decorative concrete or masonry wall.

C. A wood, vinyl, tubular steel, or similar fence compatible with the character of the area in which the fence is to be placed. Fences or walls used to meet screening requirements shall display a finished face toward adjacent streets and properties.

D. A compact hedge or other live vegetative barrier.