§ 153.096 LANDSCAPING.
   (A)   Intent and purpose. The intent and purpose of the provisions in this section are to:
      (1)   Improve the visual image of the village and properties abutting public rights-of-way, thereby reducing conditions which lead to community blight;
      (2)   Requiring buffering between conflicting land uses and zoning districts;
      (3)   Promote public health, safety and general welfare;
      (4)   Protect and preserve the appearance, character and value of the surrounding development; and
      (5)   Promote the use of native plant materials while discouraging the use of invasive plant materials.
   (B)   Applicability.
      (1)   Landscape plan required.
         (a)   All new uses requiring a site plan review;
         (b)   Additions to existing nonresidential structures that increase the floor area by more than 25%; and
         (c)   Expansions or contractions of nonconforming sites that do not meet the landscape requirements of this section.
      (2)   Exceptions.
         (a)   The reconstruction of an existing structure of which 50% or less of the floor area was destroyed or ruined by flooding, fire, wind, storm or act of nature, and where the reconstruction will not result in an increase in the size of the structure, parking facilities or paved areas.
         (b)   Interior remodeling or facade improvements that do not result in an increase in size of the structure, parking facilities or paved areas.
         (c)   Any use, building or structure for which only a change of use is requested, and which requires no exterior structural modifications that increase its volume or scale.
      (3)   Application. All applicable projects shall submit a landscape plan as part of the site plan
review process that contains the following:
         (a)   Plan scale equal to that of the site plan and a north arrow;
         (b)   Existing and proposed topography;
         (c)   Location and general type of all existing vegetation and wetlands;
         (d)   Location and size of all proposed plant materials;
         (e)   Zoning district classification of adjacent properties;
         (f)   Planting list for all proposed landscape materials indicating botanical and common names, sizes, root condition and quantities; and
         (g)   Vegetation inventory of all trees with a caliper of 12 inches or greater, measured at four and one-half feet above grade, and all invasive species, including their location and species type.
   (C)   Standards and criteria.
      (1)   Planting materials.
         (a)   Plant material shall be healthy and free of insects, diseases and physical damage;
         (b)   Unless otherwise specified, the minimum size for plant materials installed shall be as follows:
PLANTING SIZE STANDARDS
Plant Material
Minimum Size
PLANTING SIZE STANDARDS
Plant Material
Minimum Size
Coniferous (evergreen) Trees
6 feet height
Deciduous (canopy) Trees
2.5 inches caliper
Deciduous Shrubs
2 feet height
Ornamental Trees:   Single Trunk
Multiple Trunks
2 inches caliper
6 feet height
Spreading Coniferous Shrubs
18 inches spread
Upright Coniferous Shrubs
2 feet height
 
         (c)   Caliper of trunk shall be the diameter at breast height (dbh) equal to four and one-half feet above grade; and
         (d)   Native species are encouraged. Invasive species identified in the Keweenaw Invasive Species Management Area Strategic Plan shall be prohibited.
      (2)   Fractional requirements. Where any calculation of required plant materials in this chapter results in a fractional requirement, such requirement shall be rounded up to the next highest whole number.
      (3)   Ground cover. All areas not covered by buildings, parking areas, driveways, walkways, pedestrian plazas or other pedestrian-oriented impervious surfaces or water features shall be replanted with ground cover at a minimum. Ground cover may include:
         (a)   Maintained lawn area;
         (b)   Non-invasive wildflowers, vines, grasses, rushes sedges or ferns; and
         (c)   Wood chips, mulch or rock, provided this type of material does not exceed 20% of the total of any individual landscaped area.
      (4)   Plant substitutions. The Zoning Administrator may approve minor revisions to the landscape plans due to seasonal planting problems and/or lack of plant availability. Minor revisions may be approved only when there is no reduction in the quality of plant material, no significant change in size or location of plant material, the new plant material is compatible with the area and the new plant material is of the same general category (for example, deciduous or evergreen trees) as the material being replaced.
      (5)   Invasive species management. An applicant shall develop a removal and/or management strategy for invasive species identified on the vegetation inventory. Invasive species shall include those listed as Class 1 through 4 invasive species in the Northwest Michigan Invasive Species Network’s Recommended Planting Guidelines for Municipalities shall be prohibited.
      (6)   Site design. Landscape areas must be protected from vehicular traffic through the use of concrete curbs, vehicle stops or other permanent barriers. Protecting significant trees requires locating buildings, roads, and sidewalks in areas of the site which will minimize tree destruction, as well as establishing protected root zones (for example, tree root buffer zones) to protect vegetation during road widening, sidewalk construction and cut-and-fill activities.
      (7)   Utilities. Where overhead and underground utilities are present, consideration shall be given to the location and mature height of species. Adjustments to the location of required planting areas may be approved by the Planning Commission to avoid conflict with such utilities, provided the intent of the planting or screening requirements are maintained.
      (8)   Maintenance. All required landscaped areas shall be maintained in a healthy condition and kept orderly in appearance. The Planning Commission may waive the irrigation requirements if no additional planting is required, or if a reliable source of water is not reasonably available, so as long as the suitable alternative is presented that will ensure the health of the landscaping.
      (9)   Time period. Required landscaping shall be installed prior to the issuance of a certificate of occupancy. If a development is completed during the off-season when plants cannot be installed, the developer shall submit a performance guarantee equal to the materials and labor for the required landscaping to ensure installation at the beginning of the next planting season.
      (10)   Replacement. When trees or shrubs planted in accordance with the requirements of this section die or are removed for any reason, they must be replaced during the next suitable planting season in a manner, quantity and size approved by the Zoning Administrator.
   (D)   Landscape buffers and screening. Effective screening shall be provided as required between incompatible land uses. The Planning Commission shall make the final determination on the required screening method based on-site conditions and the specific land use, which may include the following separately, or in combination.
      (1)   Vegetated screens. Vegetated screens shall consist of evergreen trees at a height required of the screen and spaced at an interval that achieves an effective screen at the time of planting. Deciduous trees may be incorporated for plant diversity provided the effectiveness of the screen is achieved.
      (2)   Berms. Berms shall be constructed with slopes no greater than one foot of vertical rise for every three feet of horizontal run with at least a two feet flat surface on top and sodded to provide adequate protection against erosion. Berms shall be landscaped with one deciduous or evergreen tree, and six shrubs for every 40 lineal feet. Clustering of trees and shrubs is allowed upon approval of the Planning Commission.
      (3)   Obscuring walls or fences. Obscuring walls or fences shall be a constructed of durable materials and placed inside and along the property lines. The Planning Commission has the authority to require specific materials based on the site conditions and the nature of the use. Walls and fences shall include one vine or shrub for every ten lineal feet, planted on the exterior face of the structure.
      (4)   Green belts. Green belts shall occupy a prescribed buffer zone and consist of vegetated ground cover, along with one deciduous or evergreen tree and six shrubs for every 40 lineal feet. Clustering of trees and shrubs is allowed upon approval of the Planning Commission.
   (E)   Right-of-way landscaping. Where required by a district or use, right-of-way (ROW) landscaping shall be provided along the street frontage that meets the following standards:
      (1)   A landscape buffer shall be established along the right-of-way frontage at a minimum width of five feet and shall be the location off all required right-of-way plantings.
      (2)   Required trees shall be evenly spaced, but required shrubs may be clustered.
   (F)   Lot landscaping. Additional trees may be required beyond those for screening, buffering and rights-of-way in order to preserve an effective tree canopy in the village that reduces the urban heat island effect, mitigates sound and pollution and absorbs storm water. Lot landscaping requirements shall be applicable to all unpaved or undeveloped portions of a lot. See zoning district regulations in § 153.061 for specific requirements based on district and use.
   (G)   Existing vegetation.
      (1)   Preservation. Existing deciduous trees, evergreens, flowering trees and shrubs shall be protected and incorporated into the site plan wherever feasible.
      (2)   Credit. Existing vegetation may be credited as detailed below for the purpose of calculating landscaping compliance provided that the plants are in healthy growing condition, are at least the minimum size, and are the appropriate species.
EXISTING LANDSCAPING CREDIT RATIO
Vegetation Type
Maturation
Landscaping Credit
EXISTING LANDSCAPING CREDIT RATIO
Vegetation Type
Maturation
Landscaping Credit
Deciduous Tree
3 inches or less caliper
1:1
Deciduous Tree
4 – 6 inches caliper
1:2
Deciduous Tree
7 – 9 inches caliper
1:3
Deciduous Tree
10 – 12 inches caliper
1:4
Deciduous Tree
Greater than 12 inches caliper
1:5
Evergreen or Ornamental Tree
6 feet or less height
1:1
Evergreen or Ornamental Tree
7 – 12 feet height
1:2
Evergreen or Ornamental Tree
13 – 16 feet height
1:3
Evergreen or Ornamental Tree
Greater than 16 feet height
1:4
Shrub
Any size
1:1
 
      (3)   Protection of vegetation.
         (a)   1.   Preserved trees shall be protected with high visibility barriers around the protected root zone.
            2.   The protected root zone shall be a radius one and one-half feet from the trunk for every one inch of the tree caliper.
         (b)   Barriers shall not be supported by the trees.
         (c)   No grading, demolition, trenching, operation or storage of equipment, or other activity shall occur in the protected root zone.
         (d)   Where the Zoning Administrator determines that irreparable damage has occurred to a tree credited for preservation, the tree shall be removed and replaced in size and quantity as required in this section and having been given credit for.
(Ord. 160, passed 4-21-2022)