[Amended 6-7-2018 by L.L.
No. 3-2018]
The Town of Rochester is hereby divided into the following zoning
districts:
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AR-3
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Residential Agricultural District
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AB-3
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Agricultural Business District
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R-1
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Neighborhood Residential District
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R-2
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Low Density Residential District
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R-5
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Rural Conservation District
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H
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Hamlet District
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I
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Industrial District
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NR
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Natural Resource District
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B
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Business District
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FD
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Floodplain Overlay District (see supplementary regulations)
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AP
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Aquifer Protection Overlay District (see supplementary regulations)
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EEO
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Economic Enterprise Overlay District (see supplementary regulations)
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The location and boundaries of said districts are hereby established
as shown on the Official Zoning Map of the Town of Rochester, as enacted
this date or hereafter amended, which is attached hereto and made
a part of this chapter.[1]
[1]
Editor's Note: The Zoning Map is included as an attachment
to this chapter.
A.
Zoning district boundary lines are intended generally to follow,
parallel or connect the centerlines of rights-of-way; existing lot
lines; the mean water level of rivers, streams and other waterways;
contour lines; ridgelines or Town boundary lines, all as shown on
the Zoning Map; but where a district boundary line does not follow
such a line, its position is shown on said Zoning Map by a specific
relationship to such a line using the scale indicated on the Zoning
Map. Where AB-3 and B District boundary lines parallel rights-of-way
and divide properties, said boundaries are intended to be 600 feet
from the edge of the right-of-way. The NR District line, where it
varies from property lines, is intended to follow contour lines paralleling
the ridgeline as depicted on the Zoning Map.
B.
Where a district boundary line divides a lot of record at the time
such line is established, the Planning Board may allow the extension
of activities permitted in one district to the other as a special
use, provided that such extension shall increase the developable lot
area for the more intensive use by no more than 25% or 100 feet, whichever
is less. This is to permit more flexibility in the use of large parcels.
C.
When the specific location of a zoning district boundary line cannot
be ascertained, the Building Inspector or Planning Board, as the case
may be, shall request the Zoning Board of Appeals to render an interpretation
which shall then be used as the basis for applying standards.
The restrictions and controls intended to regulate development
in each district are set forth in the Schedule of District Regulations
which is then supplemented by other sections of this chapter and other
laws of the Town of Rochester. In the case of any inconsistencies
found to exist between the Schedule of District Regulations and the
written text of this Code, the written text shall prevail. Although
many principal permitted uses shall be permitted as a matter of right,
in compliance with these regulations, some permitted principal uses
require site plan review by the Planning Board as indicated in the
Schedule of District Regulations. All special uses are subject to
site plan review and, specifically, Planning Board approval as prerequisites
to the Building Inspector issuing a permit for their establishment.
Accessory uses are permitted to accompany or, with site plan review
by the Planning Board to precede (except for home occupations), principal
permitted and special uses. Permits for these accessory uses shall
be issued directly by the Building Inspector.
A.
If a proposed use is not specifically listed in any category of uses
or within any zoning district on the Schedule of District Regulations,
the Town Board shall, following a public hearing, render a formal
determination as to whether or not the use is permitted in a given
district and, if the use is permitted, the Planning Board shall then
process the application as a special use. The Town Board may consult
the Planning Board for recommendations in this regard and shall make
its determination on the basis of similarities of the use to other
specifically listed uses within various districts, taking into consideration
the impacts of the use on the community and the neighborhood in which
it is proposed. This shall not permit the reclassification of uses
that are already listed nor shall the Town Board permit any use that
is not listed in a particular district if that use is already permitted
in another district. Any determination made under this section shall
be filed with the Town Clerk within 15 days and serve to establish
the classification of this use for all future purposes. Any person
aggrieved by the decision of the Town Board may apply to the Supreme
Court for review by a proceeding under Article 78 of the Civil Practice
Law and Rules.
B.
Multiple permitted uses, as defined herein, may be allowed as special
uses upon a given lot provided all lot development standards are met.
[1]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
A.
Prohibition against the exploration for or extraction of natural
gas and/or petroleum. No land in the Town shall be used to conduct
any exploration for natural gas and/or petroleum; to drill any well
for natural gas and/or petroleum; to transfer, store, process or treat
natural gas and/or petroleum; or to dispose of natural gas and/or
petroleum exploration or production wastes; or to erect any derrick,
building or other structure; or to place any machinery or equipment
for any such purposes.
B.
Prohibition against the storage, treatment and disposal of natural
gas and/or petroleum exploration and production materials. No land
in the Town shall be used for the storage, transfer, treatment and/or
disposal of natural gas and/or petroleum exploration and production
materials.
C.
Prohibition against the storage, treatment and disposal of natural
gas and/or petroleum exploration and production wastes. No land in
the Town shall be used for the storage, transfer, treatment and/or
disposal of natural gas and/or petroleum exploration and production
wastes.
D.
Prohibition against natural gas and/or petroleum extraction support
activities. No land in the Town shall be used for natural gas and/or
petroleum extraction support activities.
A.
Whenever any owner or occupant of property in the Town of Rochester
shall, for any purpose or in any manner; establish a new use, change
an existing use, make permanent structural improvements to a property,
erect a new building, or move, add to or enlarge any existing land
use or building; such owner or occupant shall first comply with the
requirements of this chapter. A zoning permit shall be required whenever
a change in land use occurs, regardless whether any new construction
is involved or not, excepting that agricultural and personal-use timber
harvesting and tilling shall be exempt from all permit requirements.
B.
Upon a zoning permit determination by the Code Enforcement Officer
of the requirement of a site plan approval, special use permit, subdivision
approval, or a use or area variance, an applicant may request a pre-application
conference with the Planning Board or Zoning Board of Appeals, as
may be applicable.
A.
Minimum development standards. The development standards contained
in the Schedule of District Regulations are minimums and shall apply
to each use unless otherwise specifically provided.
(1)
Multiple uses, as defined herein, are permitted on a given lot as
a special use, provided development standards for the combined uses
are met, including the combined lot area. Yard requirements shall
apply to the lot perimeter in such cases, provided building separations
meet New York State Uniform Fire Prevention and Building Code requirements.
(2)
Lot area exceptions. (See also Article V of this chapter, Supplementary Regulations Applicable to Particular Uses, for additional lot area exceptions applicable to specific uses). For lots located in the AB-3, R-1, H, and B Zoning Districts, where a mixed use, as defined herein, is proposed in the same structure, the required lot area shall be the larger lot area required for either use as set forth in the Schedule of District Regulations. Where a mixed use, as defined herein, is proposed in separate structures, the required lot area shall be the sum of the minimum required lot area for each use as set forth in the Schedule of District Regulations.
(3)
Adaptive reuse. Any applicant who proposes a project which involves
the adaptive reuse of an existing building or structure shall be permitted
to request a waiver from the Planning Board from any yard (setback)
area, lot width, lot depth, height or lot coverage area development
standards of a particular zoning district provided all the following
requirements are met. In such case, an area variance shall not be
required.
B.
Corner lots. No obstruction to vision (other than an existing building,
post, column or tree) exceeding 30 inches in height above the established
grade of the street at the property line shall be erected or maintained
on any lot within the triangle formed by the street lot lines of such
lot and a line drawn between points along such street lot lines 75
feet distant from their points of intersection.
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C.
Through lot requirements. A through lot shall be considered as having
two street frontages, both of which shall be subject to the front
yard requirements. Other yards shall be considered side yards.
D.
Minimum lot frontage.
(1)
All lots shall have a front lot line with a minimum length of 50
feet on a public or private road either existing or proposed.
(2)
Insufficient frontage with access via shared driveway. The Planning Board may grant a waiver from required lot frontage and other street requirements of this chapter upon written request and application by the developer to the Planning Board to permit a subdivision which would result in access to no more than two single-family dwellings or lots which do not have the required minimum lot frontage and are proposed to gain access from a shared driveway through the establishment of a right-of-way. The shared driveway shall be utilized by no more than a total of three single-family dwellings or lots including the lot it has access over. The Planning Board shall review such application in the manner as prescribed under § 140-10D(3), and no approval shall be granted unless a release has been given the Town and approved by the Town Board making clear that the Town is exempted from all responsibility for the maintenance of the same and the lots in question are not capable of being subdivided further or is so restricted. Evidence of satisfactory shared arrangements for ownership and maintenance of the shared driveway shall also be provided in the form of deed covenants and a road maintenance agreement. See also Town of Rochester Code § 125-29R.
(3)
Private road frontage. The Planning Board, in review of such site plan or subdivision which has or proposes lot frontage on or has access by a private road, shall refer such application to the Town Highway Superintendent for determination as to the condition of the private road and determination if such private road meets Town standards for private roadways. The Planning Board may impose conditions of approval stating the lot in question is not capable of being subdivided further or is so restricted, may impose restrictions on the issuance of building permits, may restrict the use of such parcels to single-family residential use, may require improvements be made to an existing private road, or any other conditions determined to be in the interest of health, safety, and welfare. Private road standards in this chapter shall be the same as those set forth in Town of Rochester Code § 125-29S.
(4)
Where any portion of access and/or infrastructure for a parcel to
be developed is to be located in an adjoining municipality, final
approval shall not be granted until such access and/or infrastructure
is complete and approved by the adjoining municipality.
E.
Flag lots. The development of interior lots with limited lot frontage
consisting of only an access right-of-way shall be permitted provided:
(1)
The right-of-way is a minimum of 50 feet in width. See illustration.
(2)
The lot area shall be exclusive of that portion used as a right-of-way
for purposes of meeting minimum lot area and all other development
standards for the district.
(3)
No right-of-way shall be established over an existing parcel of land
to reach a new lot to the rear which would reduce the length of the
front lot line of the existing parcel to less than the minimum lot
width for the applicable zoning district.
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(4)
All flag lot access rights-of-way shall be titled in fee-simple ownership
to the flag lot property owner and shall not be used to access any
property not part of the original tract, provided that the Planning
Board may waive this limitation to accommodate one adjoining lot for
purposes of reducing additional curb cuts. Such owner shall bear responsibility
for maintenance of the improvements. A road maintenance agreement
(RMA) approved by the Town Board shall be required and included on
the plat.
(5)
No more than one such lot shall be created from an existing parcel,
a cumulative total of three lots including the original. This restriction
shall be incorporated in deed covenants and placed on the recorded
plat map at the time any flag lot is created.
F.
Conversions of seasonal residential communities. Existing seasonal
residential communities may be converted to permanent single-family,
two-family or multifamily dwellings subject to the following standards:
(2)
The number of new dwellings permitted shall be limited to 50% of
existing seasonal residential units in the case of new single-family
dwellings, 65% of existing seasonal residential units in the case
of new two-family dwellings and 80% of existing seasonal residential
units in the case of new multifamily dwellings, provided that any
such property shall be entitled to no less density than would otherwise
be permitted within that zoning district for a new use of the same
nature.
(3)
New dwellings and other improvements shall not further violate any
lot development standards of the zoning district in question along
a given property line.
(4)
All sewage and water supply systems for any such conversion shall
meet current standards. Existing systems intended for reuse shall
be inspected and certified as meeting current standards by a professional
engineer and approved by the Town of Rochester. Should the conversion
project be located on the Town of Rochester public sewer system and
involve increased sewage flows, a certification from the Town Sewer
District that adequate capacity exists to serve the new project shall
be required.
[Amended 10-14-2016 by L.L. No. 3-2016]
No building or structure shall exceed in building height or
maximum stories the number of feet permitted as a maximum on the Schedule
of District Regulations[1] for the district where such building or structure is located.
These standards shall not apply to agricultural structures, communications
towers, elevator shafts, similar unoccupied mechanical spaces and
energy generation equipment connected with another otherwise permitted
use. Such height exceptions shall be subject to all specific regulations
that may apply to such uses.
[1]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
A.
Front yard determination. Front yards shall be measured from the
edge of the road right-of-way, which shall be assumed to be 50 feet
in width in all cases where unknown. The assumed edge of right-of-way
in such instances shall be measured from the centerline of roadway
and established at a distance of 25 feet from such centerline.
B.
Side yard exception. Where the side wall of a building is not parallel
with the side lot line or is irregular, the side yard may be varied.
In such case, the average width of the side yard shall not be less
than the otherwise required minimum width; provided, however, that
such yard shall not be narrower at any point than one-half the otherwise
required minimum width. The Building Department shall have discretion
to interpret and clarify this provision as it applies to individual
structures of an irregular nature.
C.
Front yard exceptions.
(1)
In the case of a nonresidential use in the B or AB-3 District, a
front yard may be reduced to 10 feet where parking is provided in
the rear or side or reduced to 20 feet when facing another B or AB-3
zoned parcel.
(2)
In the case of a nonresidential use in the I District, a front yard
may be reduced to 20 feet when facing another I zoned parcel.
(3)
When an unimproved lot is situated adjacent to or between improved
lots already having a principal building within the required front
yard, the front yard for the unimproved lot may be reduced to the
average depth of the front yards for the two nearest adjoining improved
lots, but shall not be less than 10 feet.
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D.
Provision of yard or other open space. No yard or other open space
provided about any buildings for the purpose of complying with the
provisions of the law shall be considered as providing a yard or open
space for any other building, and no yard or other open space on another
lot shall be considered as providing a yard or open space for a building
on any other lot.
E.
Waterfront yards. Each lot fronting on a named stream depicted on
United States Geological Survey maps shall include a setback of 100
feet in depth from the high water mark of such stream. No principal
structure shall be located within such setback. The Planning Board
shall, however, be authorized to modify this requirement where necessary
or to accommodate reasonable use of properties outside the floodplain,
provided other mitigating measures such as deed covenants limiting
clearing near the stream are employed to protect stream quality.
F.
Planned new streets. In the case where a road right-of-way line for
future streets, for future extensions of existing streets or for future
street widening is established on the site plan, building and structures
shall be set back from such line as though it were a street line.
The location, limitation and coverage of accessory buildings
and uses shall be as follows:
A.
No accessory building permitted by this chapter shall be placed in any required side or front yard (setbacks) except as provided in Subsection C below.
B.
The aggregate ground area covered by any accessory buildings in any
rear yard shall not exceed 25% of the rear yard (setback) area.
C.
Accessory structures not attached to a principal structure shall:
(1)
Be located not less than 10 feet from any side or rear lot line or
in such a fashion as to not prevent emergency firefighting access
or to shade a residential structure on an adjoining lot. Any structure
over 200 square feet in floor area shall meet setbacks for principal
structures.
(2)
Be no closer to the street than any principal structure on the lot,
except in the case of agricultural buildings. Accessory buildings
to principal structures located more than 100 feet from a lot line
shall also be exempt. Accessory structures may, in these situations,
be located in front of residences but not in required front yard setback
areas.
(3)
See illustration following for examples of these principles.
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D.
When an accessory structure, such as a garage, carport, workshop,
porch, or deck is attached to the principal building, it shall comply
with requirements for principal buildings. All unattached structures
shall be separated by a minimum of 12 feet or one-half the average
height of the two structures.
E.
Railroad boxcars, manufactured home units and recreational vehicles
shall not be used for purposes of accessory or principal structures
in connection with any use. The use of storage trailers or bulk/shipping
containers as an accessory use in connection with a commercial or
institutional use shall be permitted with site plan review where the
trailers or containers can be substantially screened from view with
evergreen plantings, fencing or earthen berms as may be required to
accomplish the purpose. The use of storage trailers or bulk/shipping
containers as an accessory use in connection with agricultural production
shall be permitted as an accessory use provided all accessory use
setbacks are met.
F.
Wind turbines. The Planning Board may approve, approve with conditions,
or disapprove small wind turbine applications designed for residential,
agricultural, institutional and business use on the same parcel. Such
applications shall be processed as special uses, but may be appropriately
modified by the Planning Board to reflect the scale of the proposed
facility. All small wind turbines shall comply with the following
standards and, to the maximum extent practicable, with all other requirements
of this chapter not in conflict herewith, except that wind turbines
used to supply up to 110% of the electrical needs of any agricultural
operation located within a state-certified agricultural district shall
be considered on-farm equipment and be exempt from these requirements,
provided the equipment is located on the agricultural operation that
it supplies with such electricity:
(1)
A system shall be set back from any property line by a distance no
less than its height.
(2)
Small wind turbine shall be used primarily to reduce the on-site
consumption of electricity.
(3)
Total heights shall be a maximum of 155 feet.
(4)
The maximum turbine power output is limited to 100 kW.
(5)
Tower-climbing apparatus shall be located no closer than 12 feet
from the ground, a locked anti-climb device shall be installed on
the tower or a locked, protective fence of at least six feet in height
that encloses the tower shall be installed to restrict tower access.
(6)
Anchor points for any guy wires for a system tower shall be located
within the property that the system is located on and not on or across
any above-ground electric transmission or distribution lines.
H.
Fences and walls. Fences, walls, or retaining walls shall be classified
as accessory structures subject to the following standards:
(1)
There shall be no minimum setback requirement, except in all cases,
fences and walls shall be so constructed as to not impair the sight
distance along any street or the sight triangle of a corner lot, as
verified by the agency having jurisdiction over such street or the
Town Highway Superintendent.
(2)
Shall not exceed a height of four feet when located in any front
yard setback or eight feet when located in any side or rear yard setback
in any zoning district, except the Planning Board may waive these
height restrictions in the case of a commercial or industrial use
or in the case of a residential property which is contiguous to a
commercial or industrial use upon site plan review and a determination
that such exception will create beneficial screening and not impact
neighboring properties.
(3)
The use of agricultural fences, as defined herein, shall be exempt
from any height restrictions. In no event shall any such fence impede
highway sight distances.
B.
The following are exempted from regulation under this chapter, are
permitted by right, and do not require a permit:
(1)
The keeping of customary household pets;
(2)
The keeping of animals in conjunction with a farm operation, as defined
herein;
(3)
The keeping of animals in conjunction with a kennel or veterinary
office;
(4)
The keeping of animals by individuals involved in 4-H project(s),
provided that proof of 4-H endorsement thereto or membership thereof
is submitted to the Code Enforcement Officer.
C.
Animal husbandry shall conform to the following standards:
(1)
Animals shall in all instances be adequately sheltered, fenced and
otherwise maintained so as not to create a nuisance to surrounding
properties and shall be maintained in a sanitary manner. Handling,
storage, disposal or removal of all animal waste shall be done to
ensure minimum impact on the environment and to avoid any impact on
neighboring residences, whether from odor, associated pests or water
runoff. Such animal waste shall be stored at a distance in accord
with any applicable laws from any wells, residences or wetland or
watercourse buffer and must be screened from view from public roadways
or neighboring residential properties.
(2)
The minimum lot size for keeping large hoofed animals (such as horses,
mules, llamas, cows, sheep, goats, and hogs) shall be three acres.
The minimum lot size for keeping large birds (such as waterfowl, turkeys
and peafowl) or small poultry (such as chickens) shall be one acre.
In the case of keeping multiple animal types, the greater minimum
lot size shall apply. There shall be no local restriction on the maximum
quantity of animals allowed if a property meets minimum lot size requirements;
however, county or state regulations may apply.
D.
Animal husbandry on property not meeting the minimum lot size requirements
shall be permitted only upon site plan approval obtained from the
Planning Board. Such application shall be classified as a Type II
action with regard to SEQRA. The site plan application fee shall be
waived; however, the applicant shall be responsible to reimburse the
Town for the actual incurred costs from the engagement of professional
consultants and public hearings in connection with an animal husbandry
application. The Planning Board shall review the specific circumstance
of the property in the following manner and shall attach reasonable
conditions to any approval.
(1)
Application requirements. Applicants shall submit a sketch plan as per § 140-45 showing locations of animal pens, fields, barns, fences, water sources, and manure piles in addition to all other natural features and improvements on the site. The applicant shall submit a narrative detailing the quantity and types of animals and any other such pertinent information to the application.
(2)
The Planning Board may refer all applications to a qualified consultant
such as Cornell Cooperative Extension, the Society for the Prevention
of Cruelty to Animals, or the New York State Agriculture and Markets
Department for review to determine the maximum numbers and types of
animals for incorporation as a condition of site plan approval.
E.
Animal husbandry in practice before the adoption of this chapter
shall be deemed a nonconforming use with respect to these minimum
lot size requirements.
A.
Findings. The Town recognizes that farming is an essential enterprise and an important industry which enhances the economic base, natural environment, and quality of life in the Town of Rochester as stated in the Comprehensive Plan and demonstrated with the adoption of Chapter 75, Farming, of the Town Code. It is the policy of the Town to encourage agricultural use and farm operations, particularly in certified county agricultural districts, so as to promote production of food and other agricultural products on its agricultural lands and to preserve open space and the rural character of the Town and to not unreasonably restrict or regulate such use.
B.
Applicability. Agricultural use of property shall be regulated to
the degree that all provisions of the codes, laws, and regulations
of the Town of Rochester and the State of New York; including but
not limited to the New York State Uniform Fire Prevention and Building
Code, New York State Agriculture and Markets law, New York State Environmental
Conservation law, and Ulster County Board of Health requirements;
shall be applicable excepting such regulations where exemption is
specifically granted under the laws of the Town of Rochester or New
York State. Some agricultural uses shall require site plan and/or
special use approval by the Planning Board as provided for in the
Schedule of District Regulations[1] and this chapter.
[1]
Editor's Note: The Schedule of District Regulations is included
as an attachment to this chapter.
C.
Nonanimal agricultural use is a permitted use in all zoning districts
by right.
D.
Agricultural buildings. All agricultural buildings shall require a zoning permit. Agricultural buildings shall be exempt from height restriction standards as detailed in § 140-11.
E.
Agricultural labor housing, as defined herein, shall be exempt from
the minimum lot area requirements of the given zoning district; however,
setback requirements for residential use shall apply. Agricultural
housing shall not be used to house persons other than seasonal or
full-time employees.
F.
Commercial farm operations within a certified county agricultural district. All agricultural uses and the construction of on-farm buildings and structures to be used as part of a commercial farm operation located on parcels within a certified county agricultural district are a permitted use in any zoning district by right. All agricultural use permanent structures shall comply with the minimum setbacks of the district in which they are located. Accessory structures shall comply with § 140-13.
A.
The Planning Board shall, to assure an acceptable buffer between
adjacent residential and nonresidential uses and create a healthy,
safe and aesthetically pleasing environment in the Town, require a
landscape plan be prepared as part of any site plan review or special
use application. Such a plan shall also be required whenever any nonresidential
use is proposed in any district so as to buffer parking areas and
buildings from the highway, each other and other uses. Where it is
determined a proposed use is naturally buffered or would not have
a significant impact on the natural environment, adjoining landowners
or the view from a public highway, these requirements may be modified
by the Planning Board to fit the circumstances.
B.
The landscape plan shall specify locations, sizes and species of
all mature shade trees or other species of six-inch caliper or greater
and indicate existing vegetation to be removed or preserved. It shall
demonstrate how building materials, colors and textures will be blended
with the natural and man-made landscape. It shall also include visual
depictions of the proposed landscape from the perspective of persons
who will view the site from the highway or adjoining properties. Specific
locations, varieties, sizes, winter hardiness, and schedules for all
proposed plantings shall, too, be provided as part of the plan.
C.
The Planning Board, in reviewing a landscape plan, may employ the
assistance of design professional. The Planning Board shall also specifically
consider the following before approving, approving with modifications
or disapproving the special use:
(1)
The plan should promote attractive development, preserve existing
vegetation to the maximum extent possible, enhance the appearance
of the property and complement the character of the surrounding area.
(2)
The plan should use landscaping to delineate or define vehicular
and pedestrian ways and open space.
(3)
The plant material selected should be of complementary character
to buildings and structures. Native plant species shall be preferred
and be of sufficient size and quality to accomplish their intended
purposes. Invasive species shall be prohibited.
(4)
The plan should effectively buffer the activity from adjoining land
uses as may be necessary and soften the impact of other site development
as contrasted with the natural environment.
(5)
The plan should be realistic in terms of maintenance and use materials
which, as a minimum, are winter hardy to Zone 4. Consideration and
determination of the adequacy of the above plan requirements are at
the Planning Boards discretion.
D.
Landscaping guidelines. The following minimum specifications are
suggested guidelines the Planning Board should apply when new landscaping
is required:
(1)
The minimum branching height for all shade trees should be six feet.
(2)
Shade trees should have a minimum caliper of three inches (measured
four feet above grade) and be at least 12 feet in height when planted.
(3)
Evergreen trees should be a minimum of six feet in height when planted.
(4)
Shrubs should be a minimum of 24 inches in height when planted. Hedges
shall form a continuous visual screen within two years after planting.
(5)
A buffer screen at least 15 feet in width along any residential lot
line should be provided. It may include an opaque wooden stockade
fence six feet in height and one evergreen tree for every 15 linear
feet of property line. An additional row of evergreens meeting these
standards, and offset such that each row serves to place trees between
the gaps of the other, should be permitted as a substitute for the
stockade fence.
(6)
A landscape strip at least 15 feet in width that includes at least
one deciduous tree for every 35 linear feet of perimeter lot line
should be required for any nonresidential use. Such deciduous trees
should also be accompanied by smaller shrubs and ground cover as may
be required to effectively separate and buffer the activity from the
highway but still allow for visibility of the use. The width of this
buffer may be reduced along the rear and side lot lines for good cause,
but not along the front lot line.
(7)
All lot areas (except where existing vegetation is preserved) should
be landscaped with grass, ground cover, shrubs, or other appropriate
cover.
(8)
The preservation of mature shade trees should be required unless
there is no alternative but to remove them. These may be used to meet
requirements of this section provided the Building Inspector or Planning
Board, as the case may be, determines the purpose of this section
is achieved.
E.
A performance guarantee in a form acceptable to the Town Attorney
in the amount of 125% of the cost of materials and installation may
be required to assure that all landscaping survives in a healthy condition
one full year following planting. The Building Inspector or Planning
Board, as the case may be, shall determine the amount of the guarantee
and consider financial impacts of this requirement on the project.
The Building Inspector shall have the right to enter upon the property
to inspect the landscaping and, after notifying the owner of any deficiencies,
to require that the guarantee be used to pay for the replacement of
any dead, dying, diseased, stunned or infested plant materials.
F.
All applicable requirements of these landscaping regulations imposed
by the Planning Board shall be fully met prior to the Building Inspector
granting a certificate of occupancy for a new building or use subject
to these regulations.
