[HISTORY: Adopted by the Town Board of the
Town of Clarence 7-12-2006 by L.L. No. 3-2006.[1] Amendments noted where applicable.]
GENERAL REFERENCES
Conservation Advisory Council — See Ch. 7.
Conservation easements — See Ch. 8.
Planning Board — See Ch. 45.
Building construction and fire prevention — See Ch. 67.
Clearing, filling and grading — See Ch. 79.
Comprehensive Plan — See Ch. 81.
Subdivision of land — See Ch. 193.
Zoning — See Ch. 229.
[1]
Editor's Note: This chapter also superseded
former Ch. 131, Landscaping, adopted 9-26-1990, as amended.
A.
The Town of Clarence recognizes the value of trees
and landscaping and that the preservation/enhancement of these resources
is necessary to protect the health, safety and general welfare of
the residents of the Town. Trees and landscaping provide shade, impede
soil erosion, aid water absorption and retention, inhibit excess runoff
and flooding, enhance air quality, offer a natural barrier to noise,
provide habitat for wildlife, provide screening, enhance property
values, and add to the overall aesthetic quality of the Town.
B.
It is the purpose of this chapter to regulate the
removal of multiple trees, the planting of new trees and landscaping
(particularly under new development proposals), the preservation of
existing trees, and the controlled harvesting of these natural resources.
This chapter sets forth regulations for tree removal(s) associated
with site plan, subdivision and special permit applications before
the Town of Clarence; establishes restrictions for the removal of
trees not associated with applications for site plan, subdivision
or special permit; and regulates certain activities associated with
the harvesting of trees. Certain actions regulated under this chapter
may be of a sufficient scale to necessitate approval by the Town and
may result in significant environmental impacts subject to review
pursuant to the State Environmental Quality Review Act.
C.
All land uses subject to the jurisdiction of other
codes of the Town of Clarence, in addition to meeting the requirement
of such codes, must also comply with the regulations as herein established.
D.
It is the intent of this chapter to:
(1)
Establish minimum standards and criteria for the landscaping
of all developments, 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 plant new flora indigenous to the
Western New York region.
(2)
Reduce the effects of wind and air turbulence, heat,
noise, and the glare of automobile lights.
(3)
Provide unpaved areas for the absorption of surface
waters.
(4)
Prevent soil erosion.
(5)
Provide shade.
(6)
Conserve and stabilize property values and to otherwise
facilitate the creation of a convenient, attractive and harmonious
community.
(7)
Generally preserve a healthful and pleasant environment
through habitat protection and enhancement.
This chapter shall hereafter be known as the
"Landscape and Tree Conservation Local Law."
The Clarence Conservation Advisory Council shall
compile a listing of recommended tree and/or woody shrub species for
planting and replanting in the Town of Clarence. This list will contain
species that are indigenous and/or nonindigenous but are found to
be sound, based upon climate, soils, hydrology, and other environmental
factors. The developed list will also contain a list of trees that
are undesirable and may not be included in any submitted landscape
plan. Acceptable street trees and park trees will be identified within
the list. This list will be available for public review in the Planning
and Zoning Office and the Building Department.
[Amended 1-21-2015 by L.L. No. 1-2015; 8-22-2018 by L.L. No. 5-2018]
The Clarence Town Board shall appoint members of the Landscape
Review Committee to administer the regulations as herein designed.
The Town Board shall appoint the members of the Committee on an annual
basis. Membership shall include three persons, one of which shall
be the chairperson of the Planning Board, and two at-large members.
In the event that the chairperson is unable to perform their duties,
the chairperson may designate another Planning Board member, as a
substitute.
A.
All developments otherwise subject to subdivision
and/or site plan review shall meet the requirements of this chapter.
A landscape plan shall be submitted and approved as a part of the
review procedures for all projects.
B.
The landscape plan shall be drawn to scale, including dimensions
and distances, and shall clearly delineate existing and proposed structures,
uses, parking areas, access aisles, drainage patterns and the location,
size and description of all landscape materials, existing and proposed,
including those existing plant materials to be removed. Plans shall
be prepared and stamped by a professional, New York State registered
landscape architect. The Landscape Committee, in its sole discretion,
may allow a plan to be prepared by a certified nurseryman or landscape
designer.
[Amended 8-22-2018 by L.L. No.
5-2018]
C.
Upon approval of the landscape plan by the Town, the
property owner agrees to install and perpetually maintain approved
landscape to preserve the intent of this chapter. Landscaping approval
and maintenance shall be for the duration of the approved use.
D.
Residential subdivision plantings shall be in conformance with the Town of Clarence Subdivision Law (Chapter 193 of the Code of the Town of Clarence) and this chapter.
E.
It shall be the policy of the Town of Clarence to
replace any street tree removed for just cause with a tree from the
approved list as recommended by the Conservation Advisory Council.
This provision shall apply to all county and Town roads within the
Town of Clarence.
It shall be unlawful to conduct, directly or
indirectly, any of the following activities in the Town of Clarence
unless a landscape plan approval/tree removal permit and approval
is obtained pursuant to this chapter:
A.
The extent of clearing for new-build single-family
home sites shall not exceed an area of more than 1/4 acre, not including
the area used for driveways and septic systems, unless stricter requirements
have been imposed under subdivision approval.
B.
The removal of over 10 trees per approved building
lot within a regulated setback area unless prior approval is granted
during subdivision approval.
C.
Clearing/clear cutting, as defined herein.
D.
Timber harvesting that involves the construction of
haul roads or stream crossings.
E.
Removal of any street or park trees.
The following activities are permitted by right:
A.
Removal of any tree under an actual or ongoing emergency
condition when such tree removal is necessary for the protection and
preservation of life or property.
B.
Removal of dead or diseased trees, including those
located on private property that constitute a hazard to life or property.
C.
Removal of 10 or fewer trees per approved building
lot within the regulated setback area.
D.
Trimming/pruning/removal/planting of any trees of
any size by an individual property owner within an existing residential
neighborhood.
E.
Removal of any tree that is not located within a required
setback zone by a cemetery association that is regulated by the New
York State Division of Cemeteries.
F.
The routine maintenance of roads, easements and rights-of-way
and the clearing of farm fence lines.
G.
The selective harvesting (timber harvesting) of mature
trees (greater than six inches DBH) for use or sale by a landowner,
or representative of the landowner, that does not involve the construction
of haul roads or stream crossings in an agricultural zoning district
of the Town.
H.
Growing nurseries and Christmas tree farms.
A.
A minimum ground area of not less than twenty five
25% of the total area of a project site (entire property) shall be
landscaped and shall be the landscaped area required unless the Town
Board has allowed a reduced amount for just cause per the Zoning Law.
B.
The arrangement and location of landscaping on a lot
shall be dispersed throughout the project site so as to prevent unsightliness
and the monotony of parked vehicles. Also, acceptable plantings and
landscaping around dumpsters and other accessory structures shall
be designed to visually shield such uses from public roads and from
adjoining properties.
C.
Not less than 8% of the interior of a parking area
designed for 10 or more vehicles shall be devoted to the required
landscape area of a project. As to parking areas designed for 25 or
fewer vehicles, where the configuration of the development site permits,
a yard area at least five feet wide in excess of the minimum required
for parking areas in the zoning district shall be credited to the
interior landscaping requirement.
|
Parking Area
(spaces)
|
Minimum Interior Greenspace
(percentage)
| |
|---|---|---|
|
1 to 10
|
0%
| |
|
10 to 25
|
8%*
| |
|
26 or more
|
8%
|
|
NOTES:
*Where configuration of the site will permit
additional greenspace, at least five feet additional, beyond the required
width along the perimeter of the parking area, shall be considered
as interior greenspace. Landscaping islands must be curbed with six-inch
poured concrete curbs, and driveways shall be curbed from the affronting
public roads to the front of the principal structure.
|
D.
Landscaping shall provide privacy and screening for
adjacent uses, with visual, noise and air quality factors considered.
E.
Landscape treatments shall be designed as an integral
part of the entire development and shall have the appropriate the
balance of major deciduous trees, evergreens and shrubs.
F.
Vegetation shall be compatible with soil conditions
on the project site as well as the regional climate.
G.
Existing natural features and vegetation shall be
preserved and incorporated in the landscaped area wherever possible.
H.
The interior dimensions of any area or median shall
be wide enough to protect the plant materials planted therein and
insure proper growth.
I.
All deciduous trees planted shall have a minimum caliper
of 2 1/2 inches, measured six inches above the ground. All conifer
trees shall have a minimum height of five feet above the finished
grade.
J.
Plastic or other types of artificial plantings shall
not be permitted.
L.
The plantings shall conform to accepted horticultural
practices.
M.
Any street tree removal shall require that trees be
replaced, at a minimum, in a ratio of two replacement trees for every
street tree removed.
N.
Stacked natural stone walls represent a recognizable community character
feature in the Town. Their presence traces back to historic Clarence,
as land owners collected and stacked limestone, prevalent in the area
due to the Onondaga Escarpment. With many historic and newer stone
walls existing today, the Town desires to see this practice continued.
Landscape plans associated with properties located on Main Street
shall include a stone wall along the Main Street frontage of the parcel,
except, if in the sole discretion of the Landscape Review Committee,
adequate room does not exist between the right-of-way and the proposed
or existing building. All stone walls within the Town shall consist
of stacked natural stone, with a minimum overall height of 2 1/2
feet. Such stone walls shall also include a compacted stone foundation
with a minimum depth of one foot. Where a stone wall is proposed,
a detail shall be provided on the proposed landscape plan, with sufficient
specification as to ensure structural stability and community character.
[Added 8-22-2018 by L.L. No. 5-2018]
|
Example: stone wall diagram.
 |
A.
For all uses that require an approved landscape plan
and/or tree removal permit as herein identified, the following general
permit information shall be required:
(1)
The name, address, and telephone number of the property
owner and the applicant, if different;
(2)
The street address, zoning classification, site, acreage,
and Tax Map designation of the property;
(3)
A statement of authority from the property owner for
any agent making application for a permit; and
(4)
A general description of the proposed tree removal(s)
and purpose.
B.
If the proposed action involves clearing, clear cutting
or regulated timber harvesting, additional information shall be required
as requested by the Landscape Review Committee, including but not
limited to the following:
(1)
An explanation as to why the proposed activity is
being done at that specific location.
(2)
Complete plans for the reclamation of the site to
reduce erosion and sedimentation impacts after tree removal, which
shall be certified by a professional landscape architect, drawn to
scale at no less than one inch equals 50 feet, and showing:
(a)
The location of the tree removal area in relation
to the property lines, roads, buildings, wetlands, and watercourses
within 250 feet of the subject property;
(b)
A description of the vegetative cover of the
tree removal area, including dominant species before and after tree
removal;
(c)
The estimated number of acres to be cleared
or harvested;
(d)
The location of existing or proposed access
roads.
(3)
Additional information, as needed, such as the study
of flooding, erosion or other hazards at the site and the effect of
any protective measures that might be taken to reduce hazards. This
information will typically be required in areas of erosive soils,
hydric/wet soils, steep slopes (greater than 10%) or in areas of known
drainage problems.
(4)
A list of the names and addresses of adjacent property
owners, and the distance of their structures (homes, etc.) from the
proposed activity.
(5)
The estimated date of commencement and completion
of the proposed action.
(6)
Any other information deemed necessary by the approving
authority to evaluate the proposed clearing or harvesting activity
in terms of the goals and standards of this chapter and the Town of
Clarence Open Space/Recreation Plan as described in the Town's adopted
Comprehensive Master Plan.
(7)
Other requirements as specified by the Landscape Review
Committee.
C.
If the tree removal permit is part of a site plan
or subdivision application, the following information must be provided:
(1)
All large areas of trees of six inches DBH or larger
(more than 10 trees) and woodlands must be shown on the plans.
(2)
For major subdivision approval, the applicant must
show how the maximum number of trees can be preserved on the subject
property, taking into consideration the lot layout, driveway locations,
building locations, drainage facilities and septic or sewer system
locations.
(3)
The Town Board will require, at a minimum, the installation
of two new trees per tree removed at locations prescribed by the Town.
Trees for replanting shall be selected from the Town of Clarence species
list and be a minimum of 2 1/2 inches caliper or as specified.
The Code Enforcement Officer shall enforce such requirement upon issuance
of a building permit.
D.
Application and inspection fees; expenses for technical
assistance.
(1)
An application fee and inspection fee in amounts set
forth in a fee schedule established by resolution of the Town Board
shall be submitted with a permit application for landscape approval/tree
removal. All costs incurred by the Town in the review of this application
shall be borne by the applicant.
(2)
In the event that an application requires the Town
to incur additional expenses for technical assistance in the review
of the application, the applicant shall pay the reasonable expenses
incurred by the Town. The applicant shall be notified of the expenses
and shall deposit said necessary funds prior to the cost being incurred.
E.
All information relating to a landscape plan/tree
removal permit application, including, but not limited to, the application
itself and additional required material or information (if any), shall
be maintained on file in the office of the Planning and Zoning Department
and/or Town Building and Engineering Department.
F.
G.
Waiver of requirements. Should the Town Board determine,
after review of an application, that a proposed action is insignificant,
the Town Board, via supermajority vote thereon, shall have the power
to:
(1)
Waive any information requirements of this chapter.
(2)
Waive a requirement for a performance bond/other security.
(3)
Waive the permitting process for the action and, upon
concurrence and written approval of the Landscape Review Committee
and Town Engineer, authorize the immediate issuance of the permit.
H.
Applications for permits under this chapter shall
be submitted at least 14 days prior to the proposed tree removal date/landscape
installation but no more than one year prior to the tree removal/landscape
installation date.
A.
In making its determination to grant, deny or grant
with conditions a landscape plan/tree removal permit under this chapter,
the Landscape Review Committee shall consider the following factors:
(1)
Whether the proposed tree removal is consistent with
the purpose and intent of this chapter and the goals and intent of
the Town of Clarence Open Space/Recreation Plan and the adopted Comprehensive
Master Plan and other applicable regulations;
(2)
The environmental impact of the proposed landscape
plan, tree removal, clearing or timber harvesting;
(3)
The suitability or unsuitability of such activity
to the area for which it is proposed;
(4)
The irreversible and irretrievable commitments of
resources that would be involved in any timber harvesting action;
and
(5)
The potential alternatives to the proposed action.
B.
The proposed landscape plan/tree removal will be favored
based upon the following:
(1)
If the tree or trees proposed for removal are in poor
health or poor structural condition with an expected life span of
less than two years, as determined by a professional forester, landscape
architect or arborist.
(2)
If the tree or trees proposed for removal are located
near existing or proposed improvements, especially if it is:
(3)
If the landscaping/tree removal(s) will have a positive
effect upon:
(a)
Drainage patterns in the vicinity;
(b)
Growth of existing or proposed adjacent vegetation;
(c)
Property values of nearby properties and that
of the landowner;
(d)
The health, safety or welfare of the residents
of Clarence or its neighboring communities;
(e)
Solar access of nearby properties and that of
the landowner; and
(f)
Wildlife habitat.
(4)
If the landowner will replant replacement trees of
a similar or different species, in accordance with the Town of Clarence
species list, or add other vegetative material, fencing or terracing,
or undertake other similar measures to offset the negative effects
of tree removal. In certain cases, mandatory replanting may be required.
(5)
If the removal of trees is in accordance with the
requirements of the New York State Department of Environmental Conservation
Timber Harvesting Guidelines for New York and the Forestry Practice
Standards.
C.
With consideration of the above factors, the proposed
landscaping/tree removal may be granted, with conditions, or denied
based upon the following:
(1)
If the tree or trees are of specimen quality.
(2)
If the tree removal(s) will have significant negative
impacts upon:
(3)
Whether the tree or trees to be removed are species
listed on the New York State list of endangered or threatened trees
or trees of special concern or of other historic interest.
D.
The applicant will be notified of permit decisions
within 14 days of the application being received by the Town. If the
permit is denied, the applicant will be notified in writing by the
Landscape Review Committee of the reason or reasons for such denial.
E.
The Town of Clarence, at its sole discretion, may hire a New York
State registered landscape architect to assist the Landscape Committee
in a technical review of the applicant's submitted landscape
plan. Any and all associated fees incurred by the Town, with regards
to the landscape architect's technical assistance and review,
shall be fully reimbursed by the applicant. A landscape plan shall
not be approved until such reimbursement has taken place.
[Added 8-22-2018 by L.L. No. 5-2018]
A.
Any permit issued pursuant to this chapter may be
issued with conditions. Such conditions may be attached, as the Landscape
Review Committee deems necessary, to assure the preservation and protection
of affected wildlife habitat, wetlands and watercourses and to ensure
compliance with the policies and provisions of this chapter.
B.
Tree planting and replanting may be required as a
condition of the issuance of a landscape/tree removal permit. In such
cases the following restrictions shall apply:
(1)
Trees shall not be planted or replanted within five
feet of a right-of-way or property line;
(2)
All utility companies and other underground facilities
protective organizations must be contacted prior to planting or replanting;
(3)
All trees to be planted and replanted must be selected
from the Town of Clarence species list;
(4)
Trees shall be a minimum caliper of 2.5 inches as
measured six inches above grade. Depending on the selected species
and location, the approving authority may reduce this requirement;
(5)
Once the tree planting has been undertaken it shall
be the responsibility of the applicant to provide proper maintenance.
Any planted or replanted tree required pursuant to this chapter that
dies, shall be replaced.
(6)
The permit shall be prominently displayed at the project
site during the undertaking of the activities authorized by the permit;
(7)
The boundaries of the project shall be clearly staked,
marked or protected by fencing;
(8)
The permit holder shall notify the Town of the date
on which the project is to begin at least five days in advance of
such date.
A.
The Landscape Review Committee may recommend the requirement,
prior to the commencement of any clearing or timber-harvesting activity
authorized under a permit issued pursuant to this chapter, that the
applicant shall post a bond or other security acceptable to the Town
Board. As determined by the Landscape Review Committee, this bond
shall be posted in an amount, and with surety and conditions, sufficient
to secure compliance with the conditions and limitations set forth
in the permit.
B.
The person filing the performance bond or other security,
as approved by the Town Board, shall provide that either upon termination
of the permit or the operation, whichever may come first, the project
shall be in conformity with both the approved specific requirements
of the permit and the provisions of this chapter. In the event of
default of such and violation of any other applicable laws, such performance
bond shall be forfeited to the Town. The Town shall return to the
applicant any amount that is not needed to cover the costs of restoration,
administration or any other expenses incurred by the Town as a result
of the applicants default. Such performance bond shall continue in
full force and effect until a certificate of compliance shall have
been issued by the Landscape Review Committee and/or Zoning Code Enforcement
Officer after such consultation with any agencies or individuals deemed
necessary to insure that all provisions of this chapter and of the
permit have been met.
A.
The Zoning Code Enforcement Officer may suspend or
revoke a permit in the form of a stop-work order if it finds that
the applicant has not complied with any or all of the terms of such
permit, has exceeded the authority granted in the permit, or has failed
to undertake the project in the manner set forth by the Landscape
Review Committee.
B.
The applicant shall receive written notice of said
stop-work order as soon as reasonably practicable but no later than
three days after issuance of same, which notice shall be delivered
personally or by certified mail and addressed to the applicants as
shown on the permit. Such applicant shall be entitled to a hearing
before the Landscape Review Committee after work has been stopped.
If such a hearing is requested by the applicant, in writing, within
five days of receipt of the notice of the stop-work order, such hearing
shall be scheduled by the Landscape Review Committee within 10 days
of receipt of the request for a hearing. After the close of the hearing,
the Landscape Review Committee may confirm, modify or cancel the stop-work
order.
C.
The Landscape Review Committee shall review and set
forth in writing its findings and reasons for recommending the revoking
or suspending of a permit pursuant to this section and must keep a
copy of said findings in the permit application file.
No permit shall be valid for more than 18 months
after issuance of a permit for a submitted plan by the Landscape Review
Committee. In the case of site plans or subdivisions, the permit will
go into effect at the time of construction. All permits shall expire
upon completion of the work specified therein. The validity of any
work duly completed pursuant to an existing permit shall not be affected
by the expiration of the permit, but such work, excluding continued
maintenance, shall not be continued beyond the expiration date. Permits
may be renewed by the Landscape Review Committee upon application
submitted at least 20 days prior to the expiration of the permit.
Standards for the issuance of renewals shall be the same as for the
issuance of permits.
A.
Where practical difficulties, unnecessary hardships
and results inconsistent with the general purpose of this chapter
or planning provisions thereof are encountered, waiver of requirements
may be granted by a supermajority of the Town Board upon recommendation
from the Landscape Review Committee.
B.
A determination of the Landscape Review Committee
to grant or deny a tree removal permit/landscape plan may be reviewed
by the applicant or any other aggrieved person by the commencement
of an action pursuant to the provisions of Article 78 of the Civil
Practice Law and Rules within 30 days of the filing of such a determination
with the Town Clerk.
C.
In the event of an application denial by the Landscape
Review Committee, the applicant may seek review by appealing to the
Conservation Advisory Council, in which case the Conservation Advisory
Council shall become the approving authority for such applications.
Such review shall be requested not later than 20 days after the filing
of the subject decision by the approving authority.
A.
Any site for which a landscape/tree removal permit
application has been submitted shall be subject to inspection at any
reasonable time, including weekends and holidays, by the Landscape
Review Committee or its designated representative. The applicant,
by making application for such permit, shall be deemed to have given
his or her consent to such inspection.
B.
Tree planting schemes and landscaping plans approved
under site plan, subdivision and building permit applications shall
be subject to inspections and compliance with the approved plans following
the approval of said planting.
C.
The Town of Clarence, at its sole discretion, may hire a New York
State registered landscape architect to assist in the Town's
technical inspection of the applicant's plantings per the approved
landscape plan. Any and all associated fees incurred by the Town,
with regards to the landscape architect's technical inspection,
shall be fully reimbursed by the applicant. A final certificate of
occupancy shall not be issued until such reimbursement has taken place.
[Added 8-22-2018 by L.L. No. 5-2018]
A.
Within 30 days after completion of all tree removals
and/or landscape installation authorized under a permit issued in
accordance with this chapter, the applicant shall notify the Town
of such completion.
B.
Within 30 days of such notification of completion
of work, the Town shall inspect the landscaping/tree removal site
for compliance with the terms and conditions of the permit.
(1)
When all the landscaping/tree removal(s) authorized
under a permit are deemed to be completed in an acceptable fashion,
the Town shall issue a certificate of completion, which shall be accompanied
by cancellation or return of any bond collected for such permit.
(2)
When landscaping/tree removals authorized under a
permit are deemed not acceptable, the Town shall so notify the applicant.
The notification of noncompliance shall include a list of all conditions
in violation of the terms of the permit and shall specify a time limit
for the correction of all items so listed.
A.
Any person who violates any provision of this chapter
shall be, upon conviction or a plea of guilty, guilty of a violation,
subject to a fine of not more than $250. For a second and each subsequent
offense within a one-year period, the violator shall be guilty of
a violation punishable by a fine of not more than $500 or a term of
imprisonment of not more than 15 days, or both. Each violation of
the provisions of this chapter shall be a separate and distinct offense.
In addition, any offender may be ordered by the court to replant trees
that were improperly removed. The court shall specify a reasonable
time for completion of such restoration, which shall be effected under
the supervision of the Town.
B.
In addition to the penalties outlined above, the Town
shall not issue a building permit or temporary certificate of occupancy
for any property for which a violation of this chapter has been served
until said violation is dismissed or resolved to the satisfaction
of the Town or court, as appropriate.
C.
The Town Zoning Code Enforcement Officers are hereby
authorized to issue appearance tickets and summonses for violation
of this chapter.
A.
No permit granted pursuant to this chapter shall remove
an applicant's obligation to comply in all respects with the applicable
provisions and regulations of the Town of Clarence Code and any other
federal, state or local law or regulations. This requirement includes,
but is not limited to, the securing of any other required permit or
approval.
B.
Whenever any provision of this chapter is at variance
or conflict with any other provision of this chapter or any other
statute, local laws or regulation covering any of the same subject
matter, the most restrictive provision or the one imposing the higher
standard shall govern.
As used in this chapter, the following terms
shall have the meanings indicated:
A person requesting a landscape plan approval/tree removal
permit from the Town or a person to whom a tree removal permit has
been issued.
The Town Landscape Review Committee, Building Inspector or
designee, Highway Superintendent, Parks Superintendent, or other approving
authority to which oversight of this chapter is given by the Town
of Clarence Town Board.
The measurement of the size in inches of the diameter of
small trees (under six inches) usually measured at six inches above
grade. Trees greater than six inches of diameter are measured 12 inches
above the ground. This measurement is generally used for tree-planting
measurement applications.
The large-scale, indiscriminate removal of trees, shrubs,
and undergrowth with the intention of preparing real property for
nonagricultural development purposes.
Any intentional or negligent cutting or activity that completely
removes or significantly disturbs any type of vegetation resulting
in the decline or death of that vegetation on more than 1/4 acre of
land, such area being measured as a square with each side measuring
100 feet or as that part of a quarter-acre area which is located on
the subject property.
The officer designated by the Town of Clarence and charged
with the enforcement of zoning, building and fire prevention codes.
The Conservation Advisory Council of the Town of Clarence,
New York.
Subdivision and site plan review projects and other nonagricultural projects, including any projects requiring discretionary approval of the Town Board, including change in use of existing uses, as defined in Chapter 229, Zoning Law of the Town of Clarence.
A standard measurement of the diameter of a large tree (above
six inches) trunk made at 4 1/2 feet above ground level on the
uphill side of the tree. This measurement is generally used for tree
removal measurement applications.
The wearing away of the land surface by the action of wind,
water, and gravity or other natural forces.
The area required or permitted under this chapter to be devoted
to landscaping and environmental improvement, which may include existing
and new vegetation, berms, ornamental lighting, street furnishings
and ornamental features which are integrated with the vegetation.
The review committee appointed by the Town Board to administer
the regulations as herein identified.
Any new construction for which a building permit is issued.
Any space or area characterized by natural scenic beauty
or whose existing openness, natural condition or present state of
use, if retained, would enhance the present or potential value of
surrounding lands or would maintain or enhance the conservation of
natural resources.
The Town of Clarence Open Space/Recreation Plan as incorporated
into the adopted Comprehensive Master Plan.
An area of land dedicated to active or passive recreational
pursuits.
The off-street parking area and loading and unloading area
required by the Town of Clarence Zoning Law.
Trees, shrubs and all other woody vegetation in public parks
having individual names or areas in which the public has free access
as a park, established public green area, trails, sanctuary and/or
conservation area.
Any individual person, firm, partnership, association, corporation,
company, organization, or legal entity of any kind, including public
agencies and municipal corporations.
The Planning Board of the Town of Clarence, New York.
Any activity requiring the issuance of a permit from the
Town of Clarence.
The regulated horizontal distance from any existing or proposed
building or structure to the property line or street line.
Any approval by the Clarence Town Board for all land uses.
Any tree that is determined to have a good chance of survival
and that possesses qualities that are beneficial to wildlife, regardless
of size. Two distinct forms of specimens are included: ornamental
specimen is a perfect example of a genus, and mercantile specimen
is a valuable wood type with commercial value.
Trees, shrubs, and all other woody vegetation on land within
a public right-of-way.
Any lot split requiring approval under the Subdivision Law of the Town of Clarence (Chapter 193 of the Code of the Town of Clarence).
Any activity that involves the selective cutting and removal
of mature trees by a landowner or representative of a landowner, whether
or not compensation is paid. This activity is considered an agricultural
operation and must occur in the agriculture zoning district of the
Town. Actions that do not meet this definition will be deemed clear
cutting.
The Town of Clarence, New York.
The Town Board of the Town of Clarence, New York.
Any living, woody plant, usually having one or more self-supported
stems or trunks and numerous branches, that can attain heights in
excess of 20 feet and has a DBH of 2.5 inches or more.
Any physical removal of a tree or any act that will cause
a tree to die within a one-year period.
A permit granted under this chapter that allows for the removal
of regulated trees as defined herein.
All lands and submerged lands, commonly called marshes, swamps,
sloughs, bogs, and flats, that support aquatic or semiaquatic vegetation.
These areas are transitional zones that occur between terrestrial
upland systems and deepwater aquatic systems and are part of a continuous
gradient between both. Wetlands provide flood control, surface and
groundwater protection, wildlife habitat, open space, and water resources.
Regulated wetlands are identified by the United States Army Corps
of Engineers or the New York State Department of Environmental Conservation.
The arrangement of food, water, shelter or cover and space
necessary for the existence of wildlife.
Land that is covered with woody vegetation.
For purposes of this chapter, the Zoning Enforcement Officer
may be the Director of Community Development, Assistant Director of
Community Development, Zoning Code Enforcement Officer, or any Building
Inspector.
