Queensbury City Zoning Code
ARTICLE 8
Landscaping and Buffering Standards
§ 179-8-010 General provisions.
A.
The purpose of this article is to establish requirements for the preservation of existing trees, the replanting of trees lost due to development and to provide requirements for minimum landscaping on site as well as within the Town rights-of-way.
B.
Only trees from the list provided in this article or alternates approved by the Planning Board and/or Zoning Enforcement Officer will be considered to meet the requirements of this chapter. Tree caliper shall be measured 4.5 feet from the base of the tree. The developer/owner shall make every effort to preserve and protect significant trees over 18 inches in caliper.
C.
The requirements of this article shall apply to all vacant undeveloped property and all property to be redeveloped, including additions and alterations.
D.
A landscape plan must be submitted as part of the site plan review process. A tree schedule must also accompany the final plat submitted prior to site plan review. Evergreen landscape materials must be included to achieve at least a 1:3 ratio between evergreen and deciduous plants, except that the Planning Board may, at its discretion, require a greater ratio of evergreen to deciduous plants where it determines that such a greater ratio would be desirable.
E.
Where the location of existing overhead or underground utility lines conflicts with the required landscaping strip and tree planting, the Planning Board may approve an alternative plan to meet the intent of this chapter.
F.
Required landscaping must be permanently maintained in a healthy growing condition at all times. The property owner is responsible for regular weeding, mowing of grass, irrigating, fertilizing, pruning, and other permanent maintenance of all plantings as needed. A one-year warranty must be provided for all planted trees and shrubs, from the plant supplier, prior to the issuance of a certificate of occupancy.
§ 179-8-020 Applicability; waiver.
The landscaping requirements of this article are not retroactive. They shall be applied by the Planning Board as part of any site plan review. A site plan review affecting only a portion of a site triggers the landscaping requirements of this article. The Planning Board may waive some or all of the requirements of this article, at its discretion.
§ 179-8-030 Tree list.
[Amended 7-21-2014 by L.L. No. 2-2014]
Plant species shall generally be selected from the following list of species. Substitutions may be made at the discretion of the Planning Board.
A.
Suggested Deciduous Shade Trees
Red Maple (Acer rubrum)
Hackberry (Celtis occidentalis)
Ginkgo/Maidenhair (Ginkgo biloba)
American Plane (Platanus occidentalis)
Red Oak (Quercus rubra)
White Oak (Quercus alba)
Pin Oak (Quercus palustris)
Little Leaf Linden (Tilia cordata)
B.
Suggested Evergreen Shade Trees
Spruce varieties [Picea (varieties)]
Cedar/Juniper varieties [Juniperus (varieties)]
Pine varieties [Pinus (varieties)]
Yew varieties [Taxus (varieties)]
Arborvitae varieties [Thuja (varieties)]
Hemlock varieties [Tsuja (varieties)]
§ 179-8-040 Shoreline buffers.
A.
Purpose, intent and applicability.
(1)
Run-off from developed areas has been identified as a significant threat to our aquatic environment. Stormwater runoff is one of the major sources of nitrogen and phosphorous pollution. Clear-cut to the water increases sediment runoff and erosion. One of the most effective steps to protect our water quality is to maintain a buffer zone of natural vegetation along the shoreline. Maintaining a naturally vegetated buffer is a good management practice that can minimize, and in some cases eliminate, nonpoint sources of pollution.
(2)
Turf does not protect water quality as well as a natural buffer because shallow-rooted grass has a minimal ability to filter nutrients and sediment and is not as effective in allowing infiltration of water into the soil. Additionally, using turf promotes the use of fertilizers, herbicides and pesticides.
(3)
Landscaping for water quality means maintaining existing vegetation, adding more trees and shrubs, establishing perennial gardens, wildflower beds, rain gardens and other vegetation that maximizes the beauty of the parcel while minimizing harmful impacts on the environment.
(4)
Environmental and aesthetic benefits can coexist with access and use as long as natural vegetation is maintained over a substantial area. Additionally, a natural shoreline helps maintain the distinctive appearance and atmosphere of the Adirondack region.
(5)
Advantages of requiring vegetation protection buffer zones:
(a)
Stabilize shorelines and helps prevent erosion. Removal of natural vegetation destabilizes the shoreline and makes it more susceptible to erosion forces.
(b)
Act as a living transition zone between the water body and upland uses.
(c)
Provide fish and wildlife habitat and help preserve biodiversity.
(d)
Minimizing stormwater runoff reduces nutrient/pollutant contributions.
(e)
Trap sediments and take up nutrients and other pollutants.
(f)
Normalize water temperatures in nearshore areas.
(g)
Preserve a naturally beautiful shoreline.
(h)
Provide privacy.
(i)
Are low maintenance.
(6)
Natural buffers consist of plants that have much deeper root systems than turf grass and will absorb more water and nutrients and provide for a more stable shoreline.
(7)
These standards shall apply to all waterfront properties and uses. These standards may be met by saving existing trees and other native vegetation on the site or by planting new materials from the list below.
B.
Buffer requirements.
[Amended 5-6-2019 by L.L. No. 4-2019]
(1)
Minimum width. Where no vegetative buffer exists, one shall be created with an effective horizontal width measurement from the shoreline as follows: (if a roadway private or public - is located within the required buffer area such roadway area shall not be used in the buffer calculation and the remaining, necessary buffer area shall be created on the other side of the roadway).
(2)
Existing buffers are subject to the requirements of § 179-6-050B.
(3)
Buffer composition and density. (The allowed clearing area provided for in § 179-6- 050 shall be included in the density calculation however, such area is exempt from the large tree planting requirement only. All required shrubs and herbaceous plants shall be installed.)
(a)
For every 700 square feet of shoreline buffer:
[1]
One large tree, minimum three-inch diameter at breast height.
(b)
For every 350 square feet of ground cover buffer:
[1]
7 – 24" native shrubs from approved species list § 179-8-040C.
[2]
14 herbacious plants from approved species list § 179-8-040C.
C.
Acceptable tree and plant species.
[Amended 7-21-2014 by L.L. No. 2-2014]
(1)
Plants that will grown in or adjacent to water and are suitable for shoreline and wetland planting.
(a)
Larger trees (canopy):
Black Spruce (Picea mariana).
Northern White Cedar/Arborvitae (Thuja occidentalis).
Red Maple (Acer rubrum).
White Spruce (Picea glauca).
Eastern or American Larch (Larix laricina).
(b)
Smaller trees and large shrubs (understory):
American Cranberry (Viburnum trilobum).
Black Chokecherry (Aronia melanocarpa).
Buttonbush (Cephalanthus occidentalis).
Bebb's Willow (Salix bebbiana).
Meadowsweet (Spiraea alba).
Mountain Holly (Ilex mueronata).
Northern Spicebush (Lindera benzoin).
Red Chokecherry (Aronia arbutifolia).
Red Twig Osier Dogwood (Cornus sericea).
Shining Willow (Salix lucida).
Speckled Alder (Alnus incana).
Steeplebush (Spirea tomentosa).
Sweet Gale (Myrica gale).
Winterberry Holly (Ilex verticillata).
Witch Hazel (Hamamelis virginiana).
(c)
Herbaceous plants (perennials; ground cover):
Beebalm (Mondarda didyma).
Blue Flag Iris (Iris versicolor).
Blue Vervain (Verbena hastata).
Broad Leaved Cattail (Typha latifolia).
Great Blue Lobelia (Lobelia siphilitica).
Joe Pye Weed (Eupatorium).
Meadow Rue (Thalictrum dioicum).
New York Ironweed (Vernonia novaboricensis).
Wild Senna (Senna hebecarpa).
(2)
Plants requiring shady conditions.
(a)
Smaller trees and large shrubs (understory):
Maple Leaf Viburnum (Viburnum acerifolium).
Mountain Maple (Acer spicatum).
Pagoda Dogwood (Cornus alternifolia).
Striped Maple (Acer pensylvanicum).
(b)
Herbaceous plants (perennials; ground cover).
Red Baneberry (Actea rubra).
Bluebead Lily (Clintonia borealis).
Canada Mayflower (Maianthemum candense).
Meadow Rue (Thalictrum dioicum).
Trillium (Trillium erectum).
(3)
Other growing conditions.
(a)
Larger trees (canopy):
Black Cherry (Prunus serotina).
Red Pine (Pinus resinosa).
Sugar Maple (Acer saccharum).
White Pine (Pinus strobus).
Yellow Birch (Betula allegheniensis).
American Beech (Fagus grandifolia).
Balsam Fir (Abies balsamea).
Basswood (Tilia americana).
(b)
Smaller trees and large shrubs (understory):
American Bladdernut (Staphylea trifolia).
American Elderberry (Sambucus canadensis).
American Hazelnut (Corylus americana).
American Hornbeam (Carpinus caroliniana).
Beaked Hazelnut (Corylus cornuta).
Chokecherry (Prunus virginiana).
Hobblebush (Viburnum lantanoides).
Eastern Hophornbeam (Ostrya virginiana).
Prickly Ash (Zanthoxylum americanum).
Shadbush/Serviceberry, Juneberry(Amelanchier canadensis).
(c)
Herbaceous plants (perennials; ground cover):
Big Bluestem Grass (Andropogon gerardii).
Bugbane (Cimicifuga racemosa).
Bunchberry (Cornus candensis).
Christmas Fern (Polystichum acrostichoides).
Swamp Milkweed (Asciepias incarnate).
Turtlehead (Chelone glabra).
Wild Bergamot (Monarda fistulosa).
D.
Invasive plants that are not acceptable. As noted on the NYSDEC Invasive Plant Species List to include, but not be limited to the following:
[Amended 7-21-2014 by L.L. No. 2-2014]
(1)
Norway Maple (Acer platanoides).
(2)
Garlic Mustard (Alliaria petiolata).
(3)
Japanese Barberry (Berberis thunbergii).
(4)
Asiatic Bittersweet (Celastrus orbiculatus).
(5)
Autumn Olive (Elaeagnus umbellata).
(6)
Japanese Knotweed (Fallopia japonica).
(7)
Bush Honeysuckle (Lonicera spp.).
(8)
Purple Loosestrife (Lythrum salicaria).
(9)
Common Reed (Phragmites australis).
(10)
Buckthorn (Rhamnus spp.).
(11)
Multiflora Rose (Rosa multiflora).
(12)
Black Swallow-wort (Cyanchum louiseae).
(13)
Yellow Iris (Iris pseudacorus).
(14)
Winter Creeper (Euonymous fortunei).
(15)
Burning Bush (Euonymous alatus).
(16)
Black Locust (Robinia pseudoacacia).
§ 179-8-050 Multifamily and nonresidential landscaping requirements.
A.
Applicability. These standards shall apply to all commercial, industrial, and multifamily residential zoning districts and uses. These standards may be met by saving existing trees on the site or by planting new trees from the above list.
B.
Landscaped strips along streets.
(1)
A landscaped strip shall be provided adjacent to all public and private streets. The landscaped strip shall be a minimum of 10 feet wide, exclusive of the street right-of-way. Within the landscaped strip, one shade tree (three-inch caliper minimum) shall be provided per every 250 linear feet, or any portion thereof, of landscaped strip. Required shrubbery shall be no higher than four feet above existing street grades, nor shall any tree with foliage extend below 10 feet above the established street grades. All landscaping (trees, shrubs, planted beds) shall be maintained within 20 feet of any street intersection or 10 feet of driveway/street intersections. This restriction is for purposes of maintaining visibility at all times.
(2)
Where parking lots and drives abut the landscaped strip along the street right-of-way, evergreen shrubs selected from the list below must be provided for screening. The screening must be a plant species that grows a minimum of three feet high and extends along the entire street frontage of the parking lot, exclusive of driveways and visibility clips. A landscaped berm may be provided in lieu of required shrubs. The berm must be 18 inches to 40 inches above the average grade of the street and parking lot curbs with a slope not to exceed 3:1. If a parking lot is located 50 feet or more from the street right-of-way line, no screening shrubs or berm will be required.
[Amended 7-21-2014 by L.L. No. 2-2014]
Common Name | Scientific Name | |
|---|---|---|
Suggested Evergreen Low Screening Shrubs | ||
Oregon Grape | Mahonia aquifolium | |
Rhododendron | Rhododendron ("compacta" varieties) | |
Holly | Ilex ("compacta" varieties) | |
Dwarf Hinoki False Cypress | Chamaecyparis obtuse "Nana Gracilis" | |
Spruce | Picae (varieties) | |
Juniper | Juniperus (varieties) | |
Yew | Taxus (varieties) | |
Suggested Evergreen Tall Screening Shrubs | ||
Spruce | Picae (varieties) | |
Juniper | Juniperus (varieties) | |
Yew | Taxus (varieties) | |
The Blue Hollies | Ilex meservae | |
Mountain Laurel | Kalmia latifolia | |
Fire Thorn | Pyracantha | |
Rhododendron | Rhododendron | |
Leatherleaf Viburnum | Viburnum rhytide phyllum | |
C.
Visibility. Street-level landscaping shall not interfere with visibility. See § 179-6-020, Lighting, of this chapter.
D.
Interior parking lot landscaping. Interior parking areas shall be landscaped in addition to the required landscaped strip. Trees must be provided in each parking lot at a minimum average density of one shade tree (three-inch caliper) for each 15 parking spaces, or any fraction thereof. Additionally, interior parking lot landscaping shall be provided in accordance with the following table:
Total Parking Area (square feet) | Interior Landscaped Area | |
|---|---|---|
Less than 24,999 | 5% | |
25,000 to 49,999 | 8% | |
50,000 or larger | 10% |
E.
Exterior parking lot landscaping. A landscaped strip shall be provided around the perimeter of the site, exclusive of driveways. The landscaped strip shall be a minimum of five feet wide for sites 10,000 square feet or greater and three feet wide for sites less than 10,000 square feet, except for any area abutting a public street, in which case the requirements of Subsection B above shall apply. Within the perimeter landscaped strip, one shade tree (three-inch caliper minimum) shall be provided per every 250 square feet, or any portion thereof, of landscaped strip.
F.
General parking lot landscaping. See Figures 23-26. Parking lot landscaping shall be met for all customer and employee parking. Parking lot landscaping requirements shall apply to storage and standing parking spaces incidental to uses such as sales and rental of motor vehicles, mobile homes, boats, trailers, or other similar uses if such storage is visible from any public rights-of-way.
(1)
To calculate the total parking area and the subsequent percentage of required interior lot landscaping, total the square footage of parking spaces, planting islands, curbed areas, and all interior driveways and aisles, except those with no parking spaces located on either side. Landscaped areas located outside the parking lot may not be used to meet the interior landscape requirement.
(2)
The required landscaping for parking lots shall be more or less evenly distributed throughout the parking lot, although adjustments may be approved by the Planning Board reviewing the landscape plan, where shape or size of the parking lot, the location of existing trees, or other natural constraints reasonably prevent such distribution.
(3)
All landscaped areas, including permeable areas and drip lines around trees and planting beds used for visual screening, which abut any parking lot or vehicular travel area shall be protected with curbs, parking blocks, or similar barriers sufficient to protect them from vehicular intrusion. Such areas shall have a minimum pervious area of 60% if they are for the purpose of housing landscaping including trees and 25% if they house landscaping other than trees. Landscaped islands will be a minimum of five feet in dimension and must be a minimum of nine feet wide when adjacent to parking spaces where a car door would open into the island.
G.
Festival parking alternative. The Planning Board may waive certain provisions of this section, including but not limited to internal landscaping for parking areas, for certain land uses such as amusement centers, ski centers, and similar places of mass gathering where parking lots will be managed and filled by parking lot attendants. In order to qualify for this waiver, the planting that would be placed internally shall supplement those placed externally to the parking field so as to further enhance the site.
§ 179-8-060 Types of buffer zones between uses.
The purpose of buffer zones is to separate land uses and offer visual screening between uses that may not be compatible. The level of general compatibility dictates the level of screening. Three different types of buffers are specified. The buffer types are designated as Type A, Type B and Type C buffers. The following table illustrates the types of buffers required between adjacent uses.
 |
 |
 |
 |
Buffer Requirements Between Adjacent Uses [Amended 7-21-2014 by L.L. No. 2-2014] | ||||||
|---|---|---|---|---|---|---|
Land Uses | Single-Family Residential | Multifamily Residential | Office | Commercial/ Retail | Recreation | Industrial |
Single-family residential | None | B | A | C | C | C |
Multifamily | B | None | A | A | B | C |
Office | A | A | None | A | B | C |
Commercial/ Retail | C | A | A | None | B | C |
Recreation | C | B | B | B | None | C |
Industrial | C | C | C | C | C | None |
NOTE: Any use not specified above is considered a commercial use, unless otherwise determined by the Planning Board. |
§ 179-8-070 Description of buffer types.
A.
Buffer types are illustrated by Figure 27. Each buffer type contains certain minimum requirements, which are outlined in the table below. The buffer shall apply to both sides of the property line to which it is applied. Trees and shrubs are to be from the lists in this section. An opaque fence may be substituted for trees or shrubs of the minimum specified height, at the discretion of the Planning Board.
Buffer Yard Type | Minimum Landscaped Yard (feet) | Number of Trees Required per 100 Linear Feet of Buffer | Minimum Height of Required Trees (feet) | |
|---|---|---|---|---|
Buffer Types | ||||
A | 10 | 1 | NA | |
B | 20 | 3 | 6 | |
C | 50 | 5 | 10 | |
B.
Parking or storage of vehicles of any kind or objects associated with the use of the property is not permitted within the buffer yards. When not inhabited with natural woody plants (i.e., trees and shrubs) sufficient to visually screen adjoining uses or zones, such buffer area shall be planted, regraded and/or fenced.
C.
Buffer yards are in addition to landscape requirements outlined in this section and may not be used as a substitution for any part of the required landscaping. Where the use and area tables of this chapter specify a fifty-foot buffer, the requirements of a Type C buffer shall apply.
 |
§ 179-8-080 Additional buffering requirements.
All industrial and commercial uses shall maintain a fifty-foot natural or Type C buffer between the use and the adjoining lot line of any cemetery. All future development along upper Route 9 as defined in § 179-7-050 shall maintain a one-hundred-foot natural or Type C buffer between the use and the lot line adjoining Interstate 87 (I-87 or "Northway"). Preference shall be given to natural buffers; however, the Planning Board may require a Type C buffer where appropriate.
§ 179-8-090 Landscaping of dedicated streets, medians or other public rights-of-way.
All unpaved public medians and parkways shall be landscaped with a minimum of four inches of topsoil and seeded or sodded with indigenous grass or low-growing evergreen ground cover. In addition, one tree, from the approved list, per 500 square feet of landscaping shall be provided within the medians. The location of the trees shall be approved by the Highway Superintendent to avoid any conflict with any utilities within the medians and traffic movement. These landscape areas shall be maintained by the developer or the owner until adequate coverage is attained at a maintenance level compatible with like areas in other parts of the Town, or for three years, whichever comes first, unless other contractual agreements are made between the developer and the Town.
A.
Trees must not be planted within 30 feet of intersections or utility poles.
B.
Trees shall be spaced 30 feet apart when planted in rows and 15 feet apart when planted in groups.
C.
Only trees with a mature height of less than 30 feet may be planted directly under utility lines. Trees with mature heights greater than 30 feet must be planted a minimum of 15 feet from the outside edge of the last energized line.
D.
Ornamental tree spacing will be determined based on the desired effect.
E.
Trees must be planted a minimum of 10 feet from the edge of the curb.
§ 179-8-100 Tree and root protection standards.
During the development and construction of any commercial site, adequate protection measures shall be provided to minimize damage to existing trees and other vegetation to be preserved. A tree and root preservation plan shall be included with the landscape plan and shall consist of at least the following preventative measures:
A.
Tree and shrub protective barriers. Barriers shall be installed prior to grading, construction, or other land construction activity and may not be removed until after final inspection by the Zoning Enforcement Officer. Sturdy material substantial enough to protect roots, trunk and crown of trees/shrubs (example: orange safety fencing at least four feet high on metal posts) may be used. The barrier shall be placed on a circumference along the farthest dripline of the tree at minimum. Since the root system extends well beyond the dripline, additional measures may be taken by the developer to ensure the safety of trees and shrubs. All proposed barriers shall be illustrated on the preservation plan. No ropes, signs, wires, unprotected electrical installation, or any other device or material may be hung on or tied around any tree or shrub.
B.
Nondisturbance area. No soil disturbance or compaction, stockpiling of soil or other construction materials, vehicular traffic, or storage of heavy equipment is allowed within the tree and root protection area or within the dripline of trees to be retained. Nondisturbance areas are to be labeled on the site plan.
C.
Removal of landscape material. Dead trees and scrub growth shall be cut flush with the adjacent grade. Areas of removal are to be shown on the site plan.
D.
Root pruning. Tree root pruning shall be used as a last resort. In the event that root pruning is absolutely necessary, equivalent canopy pruning in a manner that preserves the character of the crown is required to sustain the health of the tree. Any necessary root pruning and mitigative measures are to be shown on the site plan.
E.
(Reserved)
F.
Tree replacement. Trees or shrubs that are part of a commercial site plan that die or become sickly within three years of construction completion, as a result of negligence of the preservation plan specifications, shall be removed and replaced with trees from the approved list according to the following replacement schedule:
Tree Replacement Schedule | ||
|---|---|---|
Size of Tree to be Replaced [inches' caliper, diameter breast height (dbh)] | Number of 3-Inch Caliper Replacements | |
Greater than 36 | 5 | |
29 to 36 | 4 | |
21 to 28 | 3 | |
12 to 20 | 2 | |
Less than 12 | 1 | |
G.
See Figure 28 for an illustration of the principles in this section.
 |