The landscaping and buffering regulations of this section are intended to:
A. 
Promote a healthy environment by providing shade, air purification, oxygen regeneration, groundwater recharge, stormwater runoff management, erosion control, and reductions in noise, glare and heat island effects;
B. 
Facilitate the implementation of sustainable design practices and development of green infrastructure to protect natural resources and improve the Village's resiliency in the face of climate change;
C. 
Provide visual buffering from streets, buffering of potentially incompatible land uses, and generally enhance the quality and appearance of the Village; and
D. 
Encourage the preservation of existing trees and vegetation that offer environmental, aesthetic, habitat, sustainability, and economic benefits to the Village and its citizens.
These landscaping and buffering requirements apply to all nonresidential (including mixed-use) developments and multifamily development projects requiring site plan review as outlined in Article 44. The Planning Commission may modify or waive requirements of this section in order to achieve the purpose and intent of this article and goals of the Village's Comprehensive Plan. Single- and two-family dwellings shall be exempt from the provisions of this article.
A landscape plan must be submitted and approved for all projects requiring site plan review. No permit for work, including site plan approval, may be issued until a landscape plan has been approved. Unless waived by the reviewing board, the landscape plan(s) shall be prepared by a landscape architect registered to practice in New York State and shall show the following:
A. 
Topography of site before and after landscaping;
B. 
Location and size of all existing plant materials;
C. 
Existing vegetation to be retained and size of all existing trees with a diameter at breast height of five inches or more, including all trees to be preserved or removed;
D. 
Devices by which existing plant material shall be protected from damage during land alteration or land development activities. All disturbed areas not otherwise treated shall be seeded and/or sodded;
E. 
Dimensions of landscaped areas;
F. 
Location, type, size, spacing and number of proposed trees, shrubs, and ground covers;
G. 
Property lines, match lines, easements, proposed buildings, paved areas, fences, walls, and utilities;
H. 
The location, quantity, size, root ball condition and both scientific and common names of all proposed plant materials, the on-center spacing for hedges;
I. 
Typical planting details for trees, shrubs, ground covers, fences, walls, etc;
J. 
A legend, plant list, key, a scale drawn to a minimum of one inch to 30 feet, North arrow and planting detail.
A. 
Street tree and lot frontage landscaping.
(1) 
Street trees.
(a) 
All properties requiring site landscaping shall include deciduous trees at the minimum rate of one for every 35 feet along any property line abutting the public right-of-way. The requirement may be satisfied by planting trees within the public right-of-way at a location to be designated by the reviewing board or, alternatively, such trees shall be planted on site within the front yard setback located between five feet and 10 feet from the back of the public sidewalk and/or right-of-way line.
(b) 
Areas occupied by driveways shall be included when calculating the number of trees required to be planted, and all trees that would otherwise be required in driveways shall be planted in other landscaped front yard areas.
(2) 
Building setback areas shall include compact massings of ornamental plant material, such as ornamental trees, flowering shrubs, perennials, and ground covers.
(3) 
Planting shall be massed and scaled as appropriate for the entryway size and space.
(4) 
Plantings should decrease in size and increase in detail, color, and variety near entryways into developments.
B. 
Building foundation landscaping.
(1) 
No foundation landscaping is required on a side(s) where buildings are located on a lot line.
(2) 
Foundation landscaping must be provided in the form of a continuous five-foot (minimum) landscape area around the full perimeter of the building, excluding pedestrian and vehicle access points.
(3) 
Foundation landscape areas must be 100% planted along the front, 50% planted along each side and 25% planted in the rear.
(4) 
Plantings must include a combination of trees, shrubs, perennials and ground covers that enhance the building's architecture, soften its mass and break up blank walls. Turf grass shall not be counted as part of the required foundation planted area.
(5) 
Plantings should decrease in size and increase in detail, color, and variety near entryways into buildings.
C. 
Interior parking lot landscaping.
(1) 
The interior of all parking lots containing 10 or more spaces shall be landscaped according to the provisions in this subsection.
(2) 
An area equal to at least 7% of the surface area occupied by vehicle parking spaces, inclusive of driving aisles and driveways necessary for access to and circulation among those spaces, shall be landscaped. Landscaping shall include a minimum of one tree island containing at least 80 square feet of land area, which shall include at least one medium shade tree or larger for every 20 parking spaces. Parking lot screening shall not be used to meet this 7% landscaping requirement.
(3) 
The primary landscaping materials used in parking lots shall be trees, which provide shade or are capable of providing shade at maturity. Shrubbery, hedges and other planting materials may be used to complement the tree landscaping, but shall not be the sole means of landscaping. Effective use of earth berms and existing topography is also encouraged as a component of the landscaping plan.
(4) 
Large and medium shade trees shall be required to the satisfaction of the reviewing board.
(5) 
Due to heat and drought stress and vision clearances, ornamental and evergreen trees are prohibited, unless otherwise approved by the reviewing board.
(6) 
Minimize conflicts between plantings and pedestrian circulation, emergency vehicle access, light poles, signs and site utilities.
(7) 
Landscaped berms shall be at least 10 feet wide, a maximum of three feet high, and include a maximum slope of 3:1.
D. 
Screening of parking and loading areas. In any district, all areas designated or used as service, loading, and/or parking areas for any building or land use, other than one- or two-family dwelling units, shall be screened with nondeciduous plantings, or a solid fence to a height of at least five feet above grade level, on all sides where the adjacent land is in a residential district or use. Such screening shall not be required within 15 feet of the intersection of a driveway with the right-of-way line of a public street.
E. 
Alternative parking lot landscaping. As an alternative to traditional parking lot design, lots that use low-impact design (green infrastructure) techniques to slow water runoff, increase infiltration and improve water quality are permitted and encouraged. These parking lots must be properly designed, graded and planted utilizing industry best management practices.
A. 
All plants shall be living plants (artificial plants are prohibited).
B. 
Plants native to upstate and western New York are strongly encouraged.
C. 
All areas where landscaping is required, a minimum of 80% of the surface area shall be covered by living materials, rather than mulch, bark, gravel, or other nonliving material.
D. 
Deciduous trees shall be a minimum of one-and-one-half-inch caliper at the time of planting, and eight feet in height at time of planting.
E. 
Evergreen trees shall have a minimum height of five feet at time of planting.
F. 
Upright shrubs to be planted shall be a minimum of 24 inches in height and spreading shrubs, deciduous or evergreen, shall be a minimum 15 inches in diameter.
G. 
Planting beds may be mulched with shredded hardwood, granite chips, river rock or similar materials.
H. 
All plant materials must be:
(1) 
Normally developed and typically representative of species and/or variety stated;
(2) 
Stock well-branched and healthy; and
(3) 
In accordance with the American Association of Nurserymen's American Standard for Nursery Stock.
I. 
Diversity.
(1) 
If there are eight or fewer required trees, there shall be at least two different species provided.
(2) 
If there are more than eight required trees, no more than 30% of them may be of one species.
(3) 
If there are more than 24 required trees, no more than 20% of them may be of one species.
(4) 
If there are more than 25 required shrubs, no more than 75% of them may be of one species.
J. 
Lawn area (turf).
(1) 
Grass areas shall be planted in species well adapted to localized growing conditions in Erie County. Grass areas may be sodded, plugged, sprigged, hydro-mulched, 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, overseeding shall be sown for immediate effect and protection until coverage is otherwise achieved.
(3) 
Procure from new of the year seed crops, free of foreign material or weed seeds.
(4) 
Replacement or overseeding mixes shall match or compliment original installation.
(5) 
Provide continuous uniform and consistent coverage.
A. 
Existing vegetation may be used to satisfy the landscaping and screening requirements of this chapter if protected and maintained during site development and construction phases of work and if such trees or plants are not otherwise invasive and/or prohibited.
B. 
Tree credits shall be awarded in the quantities shown in table below based on diameter at breast height (DBH) approximately 4 1/2 feet from the ground.
Tree Preservation Credit
Caliper of Preserved Tree
Reduction in Number of Required Trees
Over 12 inches in DBH
3
Over 8 to 12 inches in DBH
2
5 to 8 inches in DBH
1
C. 
Any grading or digging to be completed on site shall not occur within a radius of at least six feet around the base of any tree that is to be preserved.
The provisions for buffers are intended to separate and shield negative impacts of adjacent land uses and shall be approved by the reviewing board.
A. 
A buffer strip 10 feet in width shall be provided upon all nonresidentially zoned lots which abut a residentially zoned lot at the side or rear lot line. This buffer strip may be included within the required side or rear yard.
B. 
No parking area, building, or other structure or paved area except walks, walls or fences shall be permitted in any buffer strip.
C. 
No storage or display of goods shall be permitted in any buffer strip.
D. 
Buffer strips shall include solid fencing and/or live, healthy vegetation of at least five feet in height.
E. 
Each buffer strip shall be planted with at least two trees and/or shrubs every 10 linear feet. The remainder of each buffer strip shall be landscaped in grass, ground cover, other vegetation or a walk, wall or fence.
F. 
The reviewing board shall require and approve buffers and screening as it determines to be necessary.
Dumpsters, trash containers, receptacles or garbage cans used for industrial, commercial and residential (excepting one- and two-family dwelling units) use must be enclosed and/or screened with a suitable material. This provision does not apply to temporary construction containers.
A. 
Enclosure and screening material. In industrial, commercial, central business and residential (excepting one- and two-family dwelling units) use, enclosures shall meet the following requirements:
(1) 
Enclosures shall provide complete visual screening.
(2) 
Enclosures shall be compatible in material and color with the principal structure on the lot.
(3) 
The enclosure is to be a wall, solid fence or nondeciduous planting.
(4) 
If a nondeciduous planting is used, plantings must be spaced no more than three feet apart and meet the height requirements specified below.
(5) 
Materials for walls and solid fences shall be wood, masonry, metal or concrete.
(6) 
Enclosures shall have gates or doors with an appropriate mechanism for holding the doors open only during garbage pickup operations. Otherwise, the gates and/or doors shall be equipped with a mechanism to keep them closed when access is not required.
(7) 
Enclosures and dumpsters shall sit on a concrete (or like substance) pad, the construction of which shall meet or exceed minimum specifications for the anticipated weight of such dumpster.
(8) 
The height of the enclosure and/or nondeciduous plantings shall be sufficient to block the view of the garbage receptacles from the view of adjoining properties, sidewalks and/or streets, but in any event shall be no less than six feet in height.
(9) 
Enclosures and/or screening shall be kept in good repair or condition, and all trash shall be kept only within the container, and lids on said container must remain completely closed at all times.
(10) 
The reviewing board may also require a roof over the enclosure if the site is sloped and adjoining neighbors are at a higher elevation, making the containers visible.
B. 
Location for dumpsters, trash containers and enclosures.
(1) 
Trash containers used for one- and two-family dwellings are not permitted in the front yard. If practical difficulty in locating them in the side or rear yards can be proven to the satisfaction of the reviewing board, then said containers may be placed in the front yard in a manner and location acceptable to the reviewing board. If containers are to be placed in the front yard, then the reviewing board may require enclosure, screening or both as may be acceptable to the Commission, following the guidelines contained herein for commercial, central business, industrial or multifamily properties.
(2) 
In industrial, commercial, central business and multifamily (excluding one- and two-family dwellings) use, enclosures shall not occupy a right-of-way and be located in the required yard setback, or within eight feet of the side or rear property lines. In zoning districts where there is no required front setback, dumpsters and/or garbage cans are prohibited from being within 20 feet of the front property line.
(3) 
The Planning Commission will exercise the following preferences with regard to the proposed enclosure location:
(a) 
The first (most) preferred location is in the rear yard.
(b) 
The second preferred location is the side yard.
(c) 
The third (least) preferred location is the front yard.
(4) 
The Planning Commission shall use the following criteria to assess the proposed location:
(a) 
The more visible a location is to adjoining properties, pedestrians and passing vehicles, the less preferred the location will be.
(b) 
The lesser preferred locations shall be required to have more screening and a higher-quality aesthetic value than a more preferred location.
C. 
Enclosure review, approval and enforcement of compliance.
(1) 
The Planning Commission shall review any enclosure and/or screening as part of a site plan application, using the standards contained herein.
(2) 
The Planning Commission shall review any new enclosure and/or screening, or change to an existing enclosure and/or screening, on a lot that has already received site plan review. This may be due to a change in use, building renovations or additions, or to a change in parking lot.
(3) 
The construction of a required enclosure shall require a building permit issued by the Building Department.
D. 
Compliance for preexisting dumpsters and refuse containers.
(1) 
Any dumpster or refuse container in existence prior to the effective date of this section will be required to be enclosed and properly placed pursuant to the requirements of this section.
(2) 
Any enclosures and/or screening for dumpsters and/or refuse containers in existence prior to the effective date of this section shall be required to comply with the requirements of this section.
(3) 
To provide a more orderly system of compliance, the Village of Hamburg will send each property owner who has a preexisting dumpster, refuse container and/or enclosure or screening which now must comply with this section a compliance notice containing the details of the review process and a blank site plan review application form.
(4) 
Upon receipt of the completed application, the Village of Hamburg shall notify the property owner of an appointment date with the Planning Commission to review the property owner's application.
Snow storage area(s) shall be provided to ensure that landscaping, fencing and other screening devices are protected from damage during snow storage operations.
A. 
The owner of the property, or a designated agent, shall be responsible for the proper care and maintenance, and replacement if necessary, of all landscape materials in a healthy and growing condition.
(1) 
Maintenance shall include but not be limited to watering, weeding, mowing, fertilizing, treating, mulching, trimming, removal or replacement of dead or diseased plants and removal of refuse and debris on a regular basis so as to continue a healthy growing condition and present a neat and well-kept appearance at all times.
(2) 
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.
(3) 
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.
B. 
The owner and occupant of property upon which a buffer strip is located shall maintain the buffer strip in such a manner as to preserve its intended appearance.
C. 
All fences shall be maintained by the property owner as to meet the original design specification.