In order to maintain and enhance the town's existing tree coverage, to promote careful landscaping of outdoor areas, to soften and enhance the human-made environment and to promote the design and construction of appropriate walls and fences, the following standards shall apply in all zoning districts unless otherwise noted.
(A) General.
(1) Commercial outparcels shall be landscaped while vacant to maintain an attractive appearance. Landscaping shall consist of turf grass, shrubs, trees or any other vegetative cover that will secure the soil and create an attractive appearance.
(2) All required plantings installed shall be nursery grown stock that is free from disease or growth problems and shall comply with the latest edition of the American Standards for Nursery Stock, published by the American Nurserymen's Association.
(3) All required plantings shall be installed in a manner that ensures the availability of sufficient soil and water for healthy growth and that is not intrusive to above and below ground utilities. All required plants are encouraged to be drought tolerant species.
(4) Only landscaping and approved fences and walls shall be permitted within a required buffer or streetyard area, except that sidewalks and other pedestrian walkways, bicycle paths, aboveground utilities, drainageways and approved signs shall be permitted where they do not comprise more than 20% of the total area of the required buffer or streetyard. Underground utilities are permitted wherever they do not interfere with the ability to provide the required buffer or streetyard area and landscaping.
(5) Clustering and/or random spacing of plants and trees is encouraged to produce a natural appearance in the landscape, except where uniformity is required for opaque screening.
(6) Landscaping, including berms, shall be installed and maintained so as not to interfere with the sight distance requirements of this article or the sight distance needs of drivers in parking areas and at entrance and exit locations.
(7) Small trees are permitted to be substituted for required large trees whenever the larger tree would interfere with existing overhead utility lines.
(8) Native species and related cultivars are encouraged.
(9) Monoculture and over planting shall be avoided except that a single species of tree may be planted in formal parks or in conjunction with a streetscape plan.
(10) Whenever trees are required (street yards, buffers, parking lots, etc.), a minimum of 50% shall be canopy trees and a minimum of 20% shall be evergreen.
(11) Whenever shrubs are required for screening, they shall be of a type that retains their foliage to within six inches of the ground on a year-round basis.
(12) No more than 30% of all shrubs required shall be deciduous.
(13) No required planting area shall contain less than 150 square feet and no planting area shall be less than eight feet in diameter around a required tree.
(14) Parked vehicles may overhang a landscaped area no more than two and a half feet. Curbing or wheel stops shall be installed to ensure no overhang or penetration of the landscaped area greater than two and one-half feet. Landscaping, walls, fences and any other material shall be so located to prevent its damage and/or destruction by overhanging vehicles.
(15) The Zoning Administrator may approve revisions to a landscaping plan approved by the Town Board or Board of Adjustment in order to accommodate seasonal planting problems or a lack of plant availability as long as:
(a) There is no reduction in the quantity of plant material;
(b) There is no significant change in the size or location of plant materials; and
(c) The new plants are of the same general category and have the same general design characteristics as the materials being replaced.
(16) Renovations or expansions to existing civic uses, churches or similar non-profit organizations where the expansion does not increase occupancy levels or intensity of use or modify existing parking areas, vehicular access or circulation patterns, shall be exempt from landscaping requirements.
(B) Plant size.
Type | Minimum Height at Maturity (ft) | Minimum Crown Spread at Maturity | Minimum Height at Planting | Minimum Caliper1 at Planting (in) | Minimum Spacing (on center) | Maximum Spacing (on center) |
Type | Minimum Height at Maturity (ft) | Minimum Crown Spread at Maturity | Minimum Height at Planting | Minimum Caliper1 at Planting (in) | Minimum Spacing (on center) | Maximum Spacing (on center) |
Large Tree | >40 | >30 feet2 | 8 feet | 2 | 35 feet | 50 feet |
Small Tree | >15 | <30 feet2 | 5 feet | 1.5 | 15 feet | 35 feet |
Large Shrubs3 | 3 | 24 inches | 18 inches | 4 | 24 inches | 48 inches |
Small Shrubs3 | 1 | 18 inches | 8 inches | 5 | 12 inches | 24 inches |
NOTES TO TABLE: | ||||||
1 Caliper shall be measured 6 inches above the ground. | ||||||
2 The minimum crown spread of trees shall only apply to canopy trees. | ||||||
3 Shrubs do not include ground covers. | ||||||
4 Large shrubs shall be a minimum of 3-gallon container size. | ||||||
5 Small shrubs shall be a minimum 2-gallon container size. | ||||||
(C) Existing trees.
(1) Except when necessary to provide access to a site or to ensure the safety and security of people and property, any existing healthy trees that are eight inches or greater in caliper, located within a public right-of-way or undeveloped required yard shall be retained unless approved for removal during site plan review. In addition, every reasonable effort shall be made to protect and retain existing trees and shrubs not actually lying in planned roadways, drainageways, building foundation sites and construction activity areas.
(2) Existing trees and shrubs shall count towards meeting the requirements of this section as long as such are:
(a) Free from disease or growth problems;
(b) Clearly shown on the site plan;
(c) Approved by the Zoning Administrator prior to development as meeting the intent of the landscaping requirements;
(d) Are not considered nuisance or noxious plants; and
(e) Are adequately protected during grading and development of the site.
(3) Protective measures, as outlined below, shall be taken to minimize damage to existing trees and other vegetation to be retained.
(a) Site plans shall show the location of trees and shrubs to be retained and the locations of protection fencing.
(b) Prior to construction, grading or other land disturbing activity, protective barriers shall be placed around the root protection area of all trees and shrubs to be saved. For trees, the root protection area shall not be less than the drip line.
(c) No soil disturbance or compaction, stock piling of soil or other construction materials, vehicular traffic or storage of heavy equipment are allowed in the areas designated for protection.
(d) Root pruning shall be kept to an absolute minimum.
(e) Pruning of existing trees shall be done according to the National Arborists' Association standards in a manner that preserves the character of the tree.
(f) No ropes, signs, wires, electrical device or other material shall be secured or fastened around or through a tree or shrub designated for protection.
(g) If a single tree or small group of trees of significant size are identified for protection, lightning protection measures are recommended to help ensure their protection during storms.
(D) Landscaping installation and maintenance responsibility.
(1) To ensure compliance with this article and to encourage required vegetation to be installed during the appropriate season, a letter of compliance may be accepted by the town in lieu of installation prior to the issuance of a certificate of occupancy for the site. This letter shall be in the form of an affidavit signed by the property owner and shall:
(a) Acknowledge that the owner is aware of any landscaping and/or screening requirements which apply to the property;
(b) Stipulate that he or she will comply with those requirements by a specific date within the next appropriate planting season, but in no case more than nine months after the date of the affidavit, unless otherwise approved by the Zoning Administrator; and
(c) Acknowledge that failure to comply with the provisions of this section within the time frame specified in the letter shall constitute a violation of this article which shall subject the property owner to any and all enforcement actions permitted by law.
(2) All landscape materials required or committed voluntarily by the developer, whether used for screening, buffering, open space, streetyards or other required landscaping areas shall be properly maintained by the property owner. Maintenance includes all actions necessary to keep landscaping materials healthy, neat and orderly in appearance and free of litter and debris. Any landscaping lost or diseased shall be removed and replaced unless, in the opinion of the Zoning Administrator, the maturity of the remaining vegetation compensates for the loss of an individual shrub or tree, thereby causing the intent of the landscape standard to still be met without replacement.
(E) Berms. The following standards shall apply to all berms.
(1) No structures, including fences, shall be placed on a berm unless approved by the town as part of the landscaping requirements for a development site.
(2) Berms installed as part of residential developments shall be held and maintained by a legally constituted homeowners association and shall not be used as part of any outdoor living space by adjacent property owners within the development.
(3) Berms shall not be used for the display of vehicles or other merchandise, except that, when approved by the town, the berm and any other required landscaping area may be used as a display site for landscaping materials and plants for sale by an adjacent use.
(4) If included in the landscape design, berms shall:
(a) Have a minimum height of eighteen inches, a minimum crown width of two feet and a side slope with a width to height ratio of no greater than three to one (3:1) if less than four feet in height and a width to height ratio of no greater than four to one (4:1) if more than four feet in height. If berm slope is greater than three to one (3:1), slopes must be treated with groundcover or other plant material to eliminate erosion. If the height of the berm is greater than six feet, the side slopes shall be four to one (4:1).
(b) Be designed and constructed with an undulating appearance which mimics as much as is practicable a natural topographical feature of the site.
(c) Be substantially planted and covered with live vegetation. No berm shall consist entirely of turf grass, ground cover, mulch or similar material.
(d) Be fully installed, planted and stabilized prior to certification of zoning compliance.
(e) Be designed to prevent standing water or to impede the flow of storm water from adjacent properties.
(F) Streetyards.
(1) Streetyards shall be required in new non-residential developments along all arterial and collector streets whenever new development is approved or an existing use is expanded by more than 20%, except that:
(a) Streetyards shall not be required in the TC District or in the town center area of TND Districts; and
(b) Along streets that are scheduled for widening by the town or the state in the near future which might affect the location of the right-of-way, the Zoning Administrator may allow the developer to delay all or a portion of the streetyard requirements. Whenever a delay is allowed, a letter of compliance pursuant to this section shall be required.
(2) Where the location of permanent buildings on an existing site reduces the area available for a streetyard, streetyard requirements shall be met to the maximum extent practicable. Where implementation of the streetyard requirements on an existing site would require the removal of parking spaces, the Zoning Administrator may approve a reduction of up to 20% of the required parking spaces in order to make room for required landscaping.
(3) Along streets that are well-forested or new streets that are to be maintained in a forested condition by the developer, the requirements of this section may be reduced or eliminated upon approval of the Zoning Administrator to minimize grading and enhance preservation of existing, mature trees.
(4) All required streetyards shall be no less than eight feet in width at any point and average ten feet in width, as measured perpendicularly to the street, along the entire length of the property.
(5) The planting schedule for streetyards shall be as follows:
Type | Minimum Number Per 100 Linear Feet |
Large trees | 2 |
Small trees | 2 |
1 Fractions generated by applying the minimum number of plants required per 100 linear feet to the actual linear footage of an area shall be rounded up to the nearest whole number. (For example, a 50-foot area would be required to have 1 large tree and 1 small tree.) | |
(6) Fractions generated by applying the minimum number of plants required per 100 linear feet to the actual linear footage of an area shall be rounded up to the nearest whole number. (For example, a 50-foot area would be required to have one large tree and one small tree.)
(7) A combination of two small trees and four small shrubs per 100 feet may be used in lieu of planting large trees if the streetyard is increased to a minimum of 12 feet in width.
(8) The area between trees and shrubs in a streetyard shall be completely filled in with perennials, annual flowers ornamental grasses, turf grasses, a minimum of three inches of landscaping mulch or a combination thereof.
(9) Berms shall be permitted to augment required streetyard plantings as follows.
(a) Shrubs may be reduced to a minimum of 12 inches in height at the time of planting if the combined height of the berm and the shrubs will be at least three feet in three years.
(b) A minimum of 50% of all required trees and shrubs shall be planted along the street front portion of the berm.
(c) If the berm is at least three feet in height, no shrubs are required.
(G) Street trees.
(1) Street trees shall be planted along both sides of all public streets in new residential developments.
(2) Street trees shall be large canopy species and shall be planted at 40 feet on center. At the time of planting, each tree shall be two inches or greater in diameter measured six feet above ground level and each shall be a minimum of eight feet in height above grade. Small maturing trees planted a maximum of 30 feet on center may be used to meet street tree requirements only where overhead utility lines along existing streets prevent or interfere with the maturing of canopy trees.
(3) The planting area for street trees shall be a minimum of five feet in width as measured perpendicularly from the street.
(4) On any street for which a streetscape plan has been adopted by the Town Board, the streetscape plan shall control.
(5) Along streets that are well-forested or new streets that are to be maintained in a forested condition by the developer, the requirements of this section may be reduced or eliminated upon approval of the Zoning Administrator to minimize grading and enhance preservation of existing, mature trees. Tree planting requirements may be modified where extreme topography would require excessive grading to meet the specific standards above.
(H) Parking lot landscaping.
(1) The following standards shall apply to all new parking areas with 12 or more spaces and all expansions to existing parking areas which add 12 or more spaces, unless otherwise noted. In an expansion, only the area of expansion is required to be included in the calculation; however, the landscaping may be provided anywhere within the parking area.
(2) Trees and shrubs shall be planted along all internal driveways as follows:
Type | Minimum Number Per 100 Linear Feet |
Large trees | 1 |
Small trees | 2 |
1 Fractions generated by applying the minimum number of plants required per 100 linear feet to the actual linear footage of an area shall be rounded up to the nearest whole number. (For example, a fifty foot area would be required to have 1 large tree and 1 small tree.) | |
(3) The area between required trees and shrubs shall be completely filled in with perennials, annual flowers ornamental grasses, turf grasses, a minimum of three inches of landscaping mulch or a combination thereof.
(4) No more than two parking aisles (defined as a travel lane and the parking located on each side) shall abut. Otherwise, parking aisles shall be separated from each other by planted medians which may include pedestrian walkways. No more than 30 parking spaces shall be contained within one parking aisle (i.e., there must be at least one landscape island on each side of a parking aisle every 15 parking spaces).
(5) At least 5% of the interior of all parking areas where landscaping is required, excluding access drives, shall be landscaped. There shall be at least one large tree, two small trees and five large or ten small shrubs for each 20 parking spaces. Parking lots with fewer than 20 spaces shall be required to plant at least one large tree, two small trees and five large or ten small shrubs. Trees shall be spaced such that no parking space is more than 65 feet from the trunk of a canopy tree. Shrubs may be located in end planters and around the perimeter of the parking area, but not in a required streetyard. All landscape islands and end planters in parking lots shall be completely filled-in with low-growing evergreen shrubs or drought resistant turf grasses. Interior parking landscaping requirements for large trees may be omitted if streetyard and landscape buffer widths are increased by 50% and the remaining provisions of this section are met. It is the intent that this provision shall not apply to large scale parking lots.
(6) Whenever parking areas abut streets, an opaque wall or fence a minimum of three feet in height shall be installed adjacent to or within a required streetyard or adjacent to a street right-of-way where no streetyard is required, except that:
(a) A continuous hedge may be substituted for the wall or fence in any District, except in the TC District and the town center area of a TND District, as long as the hedge is a minimum of 18 inches in height at the time of planting, has the ability to achieve a height of two feet during its first full growing season; and
(b) A vegetated berm may be substituted for a portion of the wall, fence or hedge, except in the TC District and the town center area of a TND District.
(7) Optional interior landscaping and design for large parking lots. The following subsections are intended as an option for large parking lots containing 300 or more parking spaces where design flexibility is needed to accommodate the unusually high number of parking spaces required for large retail and shopping center development due to high vehicle to square foot floor area ratios. Additional design features are included.
(a) In parking lots designed for any single large retail store or any shopping center containing 300 or more parking spaces, up to four parking aisles (defined as a travel lane and the parking located on each side) may abut provided the optional interior landscaping requirements of this section are met within the parking lot excluding any perimeter, streetyard, internal driveway, required buffer or other landscape area required by § 8-3.5, Landscaping. The maximum distance between required landscape medians shall be no greater than 250 feet.
(b) No parking space shall be further than 65 feet from the trunk of a large tree. However, large trees are not required within 75 feet of the primary building facade or immediately adjacent to a handicap parking space.
(c) Tree wells are encouraged along any portion of the building facade not planned for outdoor display, ingress/egress or loading and unloading. Tree wells shall have a minimum dimension of eight feet and contain at least one understory or small decorative tree.
(d) Adequate corrals for shopping carts and other similar customer merchandise carts shall be provided throughout all large parking lots.
(e) At least one distinctive pedestrian crosswalk shall be provided between the large parking lot and each main entrance to a large retail store or shopping center. A distinctive pedestrian crosswalk may consist of a raised speed table, speed bumps, textured paving surface or other low maintenance surface materials such as pavers, bricks or scored concrete installed in the drive lane located between the main entrances to the store and the parking lot. A distinctive crosswalk will be designed to enhance pedestrian safety and comfort as well as the attractiveness of the crosswalk. Traffic calming devices shall be required between the store front and the parking lot.
(I) Landscape buffers. The purpose of a landscape buffer is to help provide transition between different types of land uses, to break up or soften the appearance of paved surfaces and to provide the shade and greenery necessary to create a livable urban environment. Buffers shall be required as follows:
(1) Buffers shall be required whenever new development is approved or an existing use is expanded by more than 20%, except that:
(a) Buffers shall not be required in the TC or TND District, except to buffer lots zoned TC or TND from uses in adjacent Districts as outlined in this section;
(b) Planting requirements in buffer areas may be altered on a case-by-case basis by the Zoning Administrator in locations where the required buffer is wholly or partially within an existing easement;
(c) Along areas that are scheduled for easement or right-of-way acquisition or expansion by the town or the state in the near future, the Zoning Administrator may allow a postponement of all or a portion of the buffer planting. Whenever postponement is allowed, a letter of compliance pursuant to this section shall be required; and
(d) Buffers shall only be required for properties in an industrial park, business park or commercial center when those properties abut the exterior boundary of the development.
(2) There shall be four types of landscape buffers used within the town's jurisdiction, as described below.
(a) Type A landscape buffer. A high density screen intended to substantially block visual contact between adjacent uses and create spatial separation.
(b) Type B landscape buffer. A medium density screen intended to substantially block visual contact between uses and create spatial separation.
(c) Type C landscape buffer. A low density screen intended to partially block visual contact between uses and create spatial separation.
(d) Type D landscape buffer. A peripheral planting strip intended to separate uses, provide vegetation in densely-developed areas and enhance the appearance of individual properties.
(3) The type of landscape buffer required shall be determined by comparing the land use code for the proposed development to the land use code for adjacent uses. Each use permitted within the town's jurisdiction has been assigned a land use code to be used for this purpose which is shown in the Table of Uses (see § 8-3.3). Once the land use code has been determined, the following table shall guide landscape buffer requirements:
Land Use Code for Proposed Use
|
Land Use Code for Adjacent Uses
| |||||
1 | 2 | 3 | 4 | 5 | ||
1 | NA | NA | NA | NA | NA | |
2 | C | D | D | D | D | |
3 | C | C | D | D | D | |
4 | B | C | C | D | D | |
5 | A | B | C | C | D | |
(4) Buffer details.
(a) The Type A landscape buffer shall average 20 feet in width, but not be less than ten feet in width at any point and shall contain:
1. Two large trees per 100 linear feet;
2. Six small trees per 100 linear feet; and
3. Ten large or 20 small shrubs or combination of large and small shrubs at the rate of two small shrubs to one large shrub to equal ten large shrubs per 100 linear feet.
(b) The Type B landscape buffer shall average 15 feet in width, but shall not be less than ten feet in width at any point and shall contain:
1. Two large trees per 100 linear feet;
2. Four small trees per 100 linear feet; and
3. Seven large shrubs or 15 small shrubs or combination of large and small shrubs at the rate of two small shrubs to one large shrub to equal seven large shrubs per 100 linear feet.
(c) The Type C landscape buffer shall average12 feet in width, but shall not be less than eight feet in width at any point and shall contain:
1. One large tree per 100 linear feet;
2. Three small trees per 100 linear feet; and
3. Five large shrubs or ten small shrubs or combination of large and small shrubs at the rate of two small shrubs to one large shrub to equal five large shrubs per 100 linear feet.
(d) The Type D landscape buffer shall average eight feet in width, but shall not be less than five feet in width at any point and shall contain:
1. One large tree per 100 linear feet; and
2. Two small trees per 100 linear feet.
(5) Buffer width shall be measured perpendicularly to the property line.
(6) Fractions. Fractions generated by applying the minimum number of plants required per 100 linear feet to the actual linear footage of an area shall be rounded up to the nearest whole number. (For example, a 50-foot Type C buffer area would be required to have one large tree and two small trees.)
(7) Exceptions.
(a) Fences and walls of uniform design and material shall be allowed to replace required shrubbery in any landscape buffer when, in the opinion of the Zoning Administrator, the fence or wall will achieve the same effect as the shrubbery and will contribute positively to the overall design of the property.
(b) Buffer width requirements may be reduced by 50%, but in no case less than ten feet in width, when a six foot continuous opaque fence, wall or berm is approved and constructed within the landscape buffer. A minimum of a six-foot tall continuous evergreen hedge shall be installed on the exterior side of the fence. The screening hedge shall consist of large evergreen shrubs planted not more than seven feet on center. Shrubs shall be at least three feet in height and five-gallon container size at planting.
(c) In the event unusual topography or elevation of a development site, the size of the parcel to be developed, the soil or sub-surface condition of the site would make strict adherence to the requirements of this part serve no meaningful purpose or would make it physically impossible to install and maintain the required buffer plantings, the Zoning Administrator may alter the requirements of this part as long as the existing features of the development site comply with the spirit and intent herein. Such an alteration may occur only at the request of the property owner who shall submit a plan to the Zoning Administrator showing existing site features that would buffer or screen the proposed use and any additional buffer materials the property owner will plant or construct to buffer the proposed use.
(J) Alternative landscape design. In order to encourage creativity in landscape design, to more effectively create a buffer or screen, to address site issues such as topography or geological features or to allow for more efficient irrigation or water use practices, the Town Board of Adjustment may approve an alternative landscape design plan if it finds that the intent and spirit of § 8-3.5.1, Landscaping, is met. The requirements of § 8-3.9.9(B), Waiver of Architectural and Site Design Requirements, Major Waiver, shall be followed.
(2003 Code, § 8-3.5.1) (Updated 2009)