A. 
Selection.
1. 
All plants must meet minimum quality requirements and be free of defects, of normal health, height, leaf density, and spread as defined by the American Standard for Nursery Stock, ANSI Z60.1, latest available edition, American Horticulture Industry Association (AmericanHort).
2. 
All plant materials must be capable to withstand the seasonal temperature variations of east-central New York (USDA Temperate Zone 2-5a), as well as the individual site microclimate.
3. 
The use of species must be chosen from the City's approved species list, which will be adjusted periodically.
4. 
The use of native perennial vegetation is encouraged, which offers many valuable ecological benefits, including habitat and food for pollinators.
B. 
Installation All landscaping must be installed according to sound horticultural practices in a manner designed to encourage quick establishment and healthy growth, and per the ANSI A 300 Standard Practice for Tree, Shrub, and Other Woody Plant Maintenance, most current edition and parts.
C. 
Maintenance.
1. 
Trees and vegetation, irrigation systems, fences, walls, and other landscape elements are considered elements of a development in the same manner as parking, building materials, and other site details. The applicant, developer, landowner, or successors in interest are jointly and severally responsible for the regular maintenance of all landscaping elements in good condition.
2. 
All landscaping must be maintained free from disease, pests, weeds, and litter. All landscape structures such as fences and walls must be repaired and replaced periodically to maintain them in a structurally sound and aesthetically pleasing condition.
3. 
Any landscape element that dies, or is otherwise removed or seriously damaged, must be removed and replaced within 30 days of the beginning of the growing season.
4. 
Proper mulching is required to maintain required trees.
A. 
Recommended minimum planting sizes.
1. 
Broadleaf trees should have a minimum trunk caliper as follows:
a. 
Small trees: two inch caliper.
b. 
Medium and large trees: two to three inch caliper.
2. 
Coniferous trees should have a minimum height of six feet at planting.
3. 
Single stem ornamental trees should have a minimum trunk size of two inches in caliper at planting. Multiple stem ornamental trees should have a minimum height of seven feet at planting.
4. 
Shrubs should have minimum height of 18 inches at planting.
B. 
Trees in tree belt. All trees planted within the tree belt must meet the following:
1. 
Trees must be a single stem tree form.
2. 
No clumps, shrubs, coniferous, or low branching habits.
3. 
Trees must be cultivated from a northern seed source (plant hardiness zone 2a-5b range) and harvested as balled and burlapped.
4. 
Only trees that mature to 30 feet in height or less can be planted under single or triple phase utility wires.
5. 
Bare root is acceptable planting stock only when approved by the City Arborist.
C. 
Energy conservation. Plant material placement should be designed to reduce the energy consumption needs of the development through passive heating and cooling strategies.
D. 
Species diversity. Diversity among required plant material is required for visual interest and to reduce the risk of losing a large population of plants due to disease. Table 11-A: Plant Diversity Requirements indicates the percentage of diversity required based on the total quantity of species being used. (For example, if a development requires 45 broadleaf trees, no more than 18 trees (40%) can be of one species, and there must be a minimum of five different species within the 45 trees.) When the calculation of plant diversity requirements results in a fraction, the fraction is rounded up.
Table 11-A: Plant Diversity Requirements
Total Number of Plants per Plant Type
Maximum Number of One Species
Minimum Number of Species
1-3
100%
1
4-7
60%
2
8-13
45%
3
14-22
40%
5
23-35
25%
8
36-50
30%
10
50+
15%
15
The Planning Board, during review of the landscape plan, may allow exceptions to on-site landscape standards if such exceptions meet some or all of the following standards:
A. 
There are unusual topographic constraints and/or sight restrictions on the site.
B. 
Existing plant materials, walls, fences, or the topography of the site and its surroundings make the required landscaping or screening less necessary but meet the intent of this chapter.
C. 
The exceptions would preserve existing on-site stands of trees and/or other plant materials.
D. 
Exceptions to the requirements are needed to accommodate additional site amenities, such as public seating or an outdoor plaza.
E. 
The exceptions improve ingress/egress to the site.
This section does not apply to single-family, single-family - attached, and two-family dwellings.
A. 
All portions of a lot not covered by structures or paved surfaces must be landscaped with trees, shrubs, live groundcover, and other plantings. Rain gardens, bioswales, and similar stormwater management landscape elements also meet this requirement.
B. 
All existing plantings that are maintained on a site may be counted toward any required on-site landscape.
C. 
Where a structure is set back 10 feet or more from a front or corner side lot line, the setback areas must be planted with a minimum of one broadleaf tree or two ornamental trees and five shrubs for every 30 linear feet of setback area.
1. 
This does not apply to townhouse dwellings.
2. 
This does not apply where a parking lot is located in front of the structure and abuts a street. The requirements of § 240-11.5 control.
Landscape is required along all edges of a parking lot that abut a street, whether the parking lot is a principal use of the site or an accessory parking lot to a principal use. The landscape treatment must run the full length of that edge, except for required access points. The landscaped area must be improved as follows:
A. 
The landscape area must be a minimum of eight feet in width.
B. 
There must be a minimum linear clear distance of 18 inches between any wheel stops or curbs to accommodate vehicle bumper overhang. This area is not included in the minimum landscape area of Subsection A above calculation.
C. 
A minimum of one broadleaf tree must be planted for every 40 linear feet of landscape area, spaced linearly on-center. As part of the landscape plan approval, trees may be spaced at various intervals based on specific site requirements, but the total number of trees planted must be no less than one per 40 linear feet of landscape area.
D. 
A minimum of one shrub must be planted for every three linear feet of landscape area, spaced linearly on-center. This may be supplemented by an open fence or wall. Any one or combination of the following alternatives to shrub plantings are also permitted:
1. 
The landscape area may be planted with a mix of shrubs, perennials, native grasses, and other planting types that provide screening of a minimum of three feet in height.
2. 
Stormwater management techniques, such as rain gardens and bioswales, that provide screening of a minimum of three feet in height.
E. 
Landscape areas outside of shrub masses must be planted in live groundcover, perennials, grass, or trees.
F. 
Fences or walls included in the perimeter landscape treatment must be constructed of high quality, durable materials such as masonry, stone, brick, iron, or any combination thereof.
240 PARKING LOT LANDSCAPE ABUTTING A STREET.tif
Any parking lot of 15 spaces or more, whether a principal use of the site or an accessory parking lot to a principal use, interior parking lot landscape is required.
A. 
One parking lot island must be provided at a minimum between every 10 parking spaces. As part of the landscape plan approval, parking lot island locations may be varied based on specific site requirements or design scheme, but the total number of islands must be no less than the amount required of one island for every 10 spaces.
B. 
Parking lot islands must be, at minimum, the same dimension as a parking stall. Double rows of parking must provide parking lot islands that are, at minimum, the same dimension as the double row.
C. 
A minimum of one broadleaf tree must be provided for every parking lot island or landscape area. Where a parking lot island is the same dimension as a double row of parking, two broadleaf trees are required. The remaining area of a parking lot island must be planted in ornamental trees, live groundcover, shrubs, perennials, or grass.
D. 
The minimum total landscape area of a parking lot, including parking lot islands, must be 10% of the total parking lot area. All landscape areas must meet a minimum dimension to accommodate soil volumes appropriate to proposed plantings. Parking lot landscape area along a street, as required in § 240-11.5, is excluded from the calculation of total parking lot area and total parking lot landscape.
E. 
All rows of parking spaces must terminate in a landscape area. Rows of parking containing 20 or more spaces must terminate in a landscape area a minimum of 300 square feet in area, to accommodate larger broadleaf tree species.
F. 
The use of stormwater management elements, such as sunken islands, perforated curbs, rain gardens and bioswales, is encouraged in landscape areas. When a parking lot island is designed for stormwater management, the tree requirement may be exempted as part of landscape plan approval when it is determined that trees may not thrive as part of such design.
G. 
Interior parking lot landscape is encouraged to coordinate with the design of parking lot lighting, to avoid conflicts between lighting and plant material that may result in the need for pruning or topping of required plant material.
240 PARKING LOT INTERIOR LANDSCAPE.tif
Buffer yards are located within rear and interior side setbacks, and must be reserved for planting material and screening as required by this section. No parking spaces or accessory structures are permitted within the required buffer yard.
A. 
Interior side setback buffer yards.
1. 
Interior side setback buffer yards are required in the following situations:
a. 
Where a multi-family dwelling abuts a single-family, two-family, or townhouse dwelling.
b. 
Where a nonresidential use is located within a residential district. This does not include parks/playgrounds.
c. 
Where a nonresidential district abuts a residential district. This does not include the INST-PR District or parks/playgrounds.
2. 
The minimum size and improvement of interior side setback buffer yards is as follows:
a. 
The buffer yard must be a minimum of 10 feet in width.
b. 
A solid fence or wall a minimum of six feet and a maximum of eight feet in height must be erected along 100% of the yard length.
c. 
One broadleaf tree is required for every 30 linear feet of buffer yard length. As part of the landscape plan approval, trees may be spaced at various intervals based on specific site requirements, but the total number of trees planted must be no less than one per 30 linear feet of buffer yard length.
d. 
One shrub must be planted for every three linear feet of landscape area, spaced linearly. As part of the landscape plan approval, shrubs may be spaced at various intervals based on specific site requirements, but the total number of shrubs planted must be no less than one per three linear feet of buffer yard length.
e. 
The remainder of the buffer yard must be planted in live groundcover, perennials, grass, or trees.
B. 
Rear setback buffer yards.
1. 
Rear setback buffer yards are required in the following situations:
a. 
Where a multi-family dwelling abuts a single-family, two-family, or townhouse dwelling.
b. 
Where a nonresidential use is located within a residential district. This does not include parks/playgrounds.
c. 
Where a nonresidential district abuts a residential district. This does not include the INST-PR District or parks/playgrounds.
2. 
The rear setback buffer yard for lots of more than 90 feet of lot depth must meet the following buffer yard requirements:
a. 
A buffer yard must be a minimum of 10 feet in width.
b. 
One broadleaf tree is required for every 30 linear feet of buffer yard length. As part of the landscape plan approval, trees may be spaced at various intervals based on specific site requirements, but the total number of trees planted must be no less than one per 30 linear feet of buffer yard length.
c. 
A solid fence or wall a minimum of six feet and a maximum of eight feet in height must be erected along 100% of the yard length.
d. 
One shrub, which must reach a minimum of three feet in height at maturity, must be planted for every three linear feet of landscape area, spaced linearly. As part of the landscape plan approval, shrubs may be spaced at various intervals based on specific site requirements, but the total number of shrubs planted must be no less than one per three linear feet of buffer yard length.
e. 
The remainder of the buffer yard must be planted in live groundcover, perennials, grass, or trees.
3. 
The rear buffer yard for lots of 90 feet or less of lot depth are required to provide a solid fence or wall a minimum of six feet and a maximum of eight feet in height, erected along 100% of the rear setback buffer yard length and located at the rear lot line. The rear buffer yard must be three feet in depth. Plantings are encouraged to soften the effect of the fence or wall, but are not required.
240 BUFFER YARD.tif
A. 
Purpose. In order to preserve and expand the urban forest, broadleaf trees are required to be planted both on-site and/or in the tree belt of rights-of-way. Table 11-B: Required Broadleaf Tree Planting lists the requirements for each district. Existing trees in the tree belt are counted toward this required minimum number.
B. 
Applicability. This section and Table 11-B: Required Broadleaf Tree Planting apply only to new construction as of the effective date of this chapter, April 4, 2022.
C. 
Requirements.
1. 
Single-family, single-family - attached, and two-family dwellings may be exempt from required tree belt plantings with the permission of the Department of Public Works.
2. 
All trees planted within the tree belt and anywhere within the right-of-way require approval of the Department of Public Works. All plantings in the tree belt must follow Department of Public Works standards. When planting within the tree belt, all invasive species ranked high or very high by New York State must be removed.
3. 
No trees planted may interfere with pedestrian, bicycle, or vehicle traffic.
4. 
All trees within the tree belt must be spaced a minimum of 30 feet apart.
5. 
On-site trees must be planted by the applicant for new construction. Once the individual lots are sold, the trees are the responsibility of the property owner if the property owner is not the applicant. Trees planted within the tree belt and right-of-way become Department of Public Works property and responsibility. Maintenance requests for trees planted within the tree belt and right-of-way can be submitted to the Department of Public Works.
6. 
Required on-site trees are in addition to any trees required by landscaping regulations of this article.
Table 11-B: Required Broadleaf Tree Planting
District
On-Site Trees
Trees in Tree Belt per Linear Foot of Lot Frontage Abutting the Tree Belt
Residential Subdivision
None
1 per 40' linear feet along public or private streets
RR
None
1 per 40' linear feet
SR
None
1 per 40' linear feet
UR-1
None
1 per 40' linear feet
UR-2
None
1 per 40' linear feet
UR-3
None
1 per 40' linear feet
UR-4
None
1 per 40' linear feet
R-MHP
None
1 per 40' linear feet
NCU
None
1 per 40' linear feet
AC
None
1 per 40' linear feet
UN
None
1 per 40' linear feet
NC
None
1 per 40' linear feet
UC
None
1 per 40' linear feet
OMB
2 per acre of site
1 per 40' linear feet
WRB
2 per acre of site
1 per 40' linear feet
GC-U
None
1 per 40' linear feet
GC-R
2 per acre of site
1 per 40' linear feet
INST-ED
2 per acre of site
1 per 40' linear feet
INST-HTR
2 per acre of site
None
INST-MP
2 per acre of site
1 per 40' linear feet
INST-PR
None
None
IND-L
2 per acre of site
1 per 40' linear feet
IND-G
2 per acre of site
1 per 40' linear feet
IND-X
None
None
A. 
Intent. Existing significant trees should be preserved to the maximum extent feasible. Where preservation is not feasible, trees that are removed should be replaced on-site with comparative native trees that will provide the same benefit in accordance with this section.
B. 
Applicability.
1. 
These standards apply to all multi-family dwelling, nonresidential, and mixed-use developments.
2. 
The tree preservation requirements of this section apply only to on-site trees. It does not apply to trees within the tree belt or right-of-way.
3. 
Trees that are dead or dying as certified by a qualified arborist, or are a species deemed to be undesirable by the City, or are found to be a threat to public safety are exempt from these provisions.
C. 
Site plan review: tree survey or plan requirement. As part of site plan review, a tree survey depicting the species, size, location, and condition of any existing significant trees on the site by a land surveyor or registered arborist is required, including a preservation and replacement plan to demonstrate compliance with these standards. An applicant may use an aerial survey to estimate canopy coverage of the site, including the use of randomly selected sample plots within the survey area, to determine typical canopy coverage. The aerial survey may include species for the area covered by the aerial survey.
D. 
Landscape credit. Existing significant trees preserved on a site that are of good health are credited towards fulfillment of the landscape requirements of this chapter with the exception of required parking lot islands. Every significant tree that is preserved within a required landscape area is credited as two required trees. A tree may only be credited once.
E. 
Permitted tree removal.
1. 
As part of landscape plan approval, the Planning Board may permit removal of significant trees. Removal of a significant tree or trees must be indicated on the landscape plan, which must also indicate the replacement planting plan. As part of the landscape plan submittal, a certified arborist must certify the reasons for the removal of the tree.
2. 
When removal is requested and no landscape plan is required, the Chair of the Planning Board, in consultation with Planning Department staff, has the authority to grant permission to remove a significant tree. In order to receive permission to remove a significant tree, the Chair and staff may consider the following factors among others:
a. 
The tree poses a hazard. In order to verify that a hazard exists, the Chair may require a tree hazard assessment to be performed by a qualified arborist.
b. 
The tree is planted too close to an existing structure, such that it is either damaging or has the clear potential to damage the structure.
c. 
The roots of the tree are causing irreparable damage to paved areas or sewer and plumbing lines.
d. 
The tree has an incurable disease or pest infestation that cannot be eliminated. The Chair may require this condition to be verified by a qualified arborist.
e. 
The tree has been damaged to the point that it cannot recover and grow properly, or it will grow in a misshapen or unsightly manner.
f. 
The removal of the tree is necessary to carry out construction in compliance with approved plans.
g. 
The tree is an invasive species ranked by New York State from high to very high.
F. 
Tree replacement or mitigation.
1. 
If a significant tree is removed according to an approved landscape plan in accordance with this section, or is removed or damaged during clearing, grading, or construction, the applicant must replace the removed or damaged trees. If a replacement planting plan is not already approved as part of the landscape plan, a replacement planting plan must be approved by the Planning Board or the Chair of the Planning Board in consultation with Planning Department staff.
2. 
The Planning Board or the Chair of the Planning Board in consultation with Planning Department staff may allow trees to be replaced with other types of landscape if one or more of the following conditions are met:
a. 
There is no suitable location on the property for a replacement tree, and there is not available canopy space and/or additional soil volume to support additional trees.
b. 
If a replacement tree would be out of character in conjunction with an approved landscape plan.
G. 
Construction protection. The following standards must be must be detailed in the plan set and followed during construction to protect significant trees:
1. 
During construction all standards from the following must be implemented and followed to protect significant trees:
a. 
ANSI A300 (Part 5)-2012: Management of Trees and Shrubs During Site Planning, Site Development, and Construction, most current edition.
b. 
International Society of Arboriculture - Best Management Practices (BMP) - Managing Trees During Construction, most current edition.
2. 
During construction, the applicant must prevent the cleaning of equipment or material or the storage and disposal of waste material, such as paints, oils, solvents, asphalt, concrete, motor oil, or any other material, potentially harmful to the tree within the required protection zone of any protected tree. Nothing within this section is interpreted as an authorization to ignore or violate applicable federal or state hazardous waste laws.
3. 
Trees located on public property, including the tree belt, must be protected and may not be cut, damaged, or removed without first obtaining approval from the Department of Public Works.
H. 
Clear-cutting of forest prohibited. Clear-cutting, which is the felling and removal of all trees or nearly all trees from a given tract of land, is prohibited unless specifically permitted by the Planning Board and a land disturbance activity permit is issued per § 240-13.7.