§ 155.093 BUFFERYARD REQUIREMENTS, USES AND OWNERSHIP.
   (A)   Bufferyard requirements.
      (1)   Bufferyard requirements are stated in terms of the width of the bufferyard and the number of plant units required per 100 linear feet of bufferyard. The requirements of a bufferyard may be satisfied by any of the alternatives illustrated. The quantity and type of plant materials required by each bufferyard are specific and identified in Appendix 1, Paoli Standard Specifications and Standard Details, which is incorporated herein by reference as if set out in full. The specifications of each bufferyard and its alternatives are illustrated in this section. Each alternative depicts the total bufferyard located between two parcels.
      (2)   Whenever a wall, fence, or berm is required within a bufferyard, these are shown as "Fence/Berm" in Table 2 Bufferyard Planting Requirements. The respective specifications are shown in Table 3, Fence and Berm Standards. Whenever a wall is required in addition to a berm, the wall shall be located between the berm and the higher intensity use, in order to provide maximum sound absorption.
      (3)   If the development on the adjoining use is existing, planned, or deed-restricted for solar access, understory trees may be substituted for canopy trees where canopy trees would destroy solar access.
      (4)   If the development borders a jurisdictional boundary outside that of this chapter, the bufferyard used shall be based on the district most comparable to that of this chapter, at the discretion and approval of the Administrator.
      (5)   The exact placement of required plants and structures shall be the decision of each user except that the following requirements shall be satisfied.
         (a)   Evergreen (or conifer) plant materials shall be planted in clusters rather than singly in order to maximize their chances of survival.
         (b)   Berms with masonry walls required of bufferyard J and K options are intended to buffer more significant nuisances from adjacent uses and, additionally, to break up and absorb noise, which is achieved by the varied heights of plant materials between the wall and the noise source.
         (c)   When berms with walls are required, the masonry wall shall be closer than the berm to the higher intensity use.
         (d)   Within a bufferyard, a planting area at least five feet wide containing 15% of the total plant requirements (based on the multiplier = 1) shall be located between the masonry wall and the higher intensity class use. These plants shall be chosen to provide species and sizes to reduce noise in conjunction with the wall.
      (6)   All bufferyard areas shall be live vegetation and seeded with lawn or prairie grasses unless such ground cover is already established.
      (7)   Bufferyards may contain natural water amenities or areas established for drainage provided that planting requirements are still satisfied.
      (8)   Bufferyards may overlap with drainage and utility easements, but required plantings must not be placed within the drainage and utility easements themselves.
   (B)   Use of bufferyards. A bufferyard may be used for passive recreation. It may contain pedestrian, bike, or equestrian trails, provided that no plant material is eliminated, the total width of the bufferyard is not reduced, and all other regulations of the ordinance are met. In no event, however, shall permanent structures be permitted in bufferyards including ice-skating rinks, stables, swimming pools, and tennis courts.
   (C)   Ownership of bufferyards. Bufferyards may remain in the ownership of the original developer of a land use, or they may be subjected to deed restrictions and subsequently be freely conveyed, or they may be transferred to any consenting grantees, such as adjoining landowners, a park or forest preserve, or an open space or conservation group, provided that any such conveyance adequately guarantees the protection of the bufferyards for the purposes of this chapter.
   (D)   Excess bufferyard. Where the bufferyard required between a land use and vacant land turns out to be greater than that bufferyard which is required between the first use and the subsequently developed use, the following uses apply:
      (1)   The subsequent use may provide one-half of the bufferyard required. The existing use may expand its use into the original bufferyard area, provided that the resulting total bufferyard between the two uses meets the bufferyard requirements.
      (2)   The existing use may enter into agreements with abutting landowners to use its existing bufferyard to provide some or all of the required bufferyard of both land uses. The total bufferyard shall equal the requirements. Provided that such an agreement can be negotiated, the initial use may provide the second use some or all of its required bufferyard and/or extra land on which it might develop. The existing use may reduce its excess bufferyard by transferring part or the entire excess bufferyard to the adjoining landowner to serve as its buffer. Any remaining excess bufferyard area may be used by the existing use for expansion of that use or for transfer by it to the adjoining landowner to expand that adjoining use.
   (E)   Bufferyard between like uses. Where a bufferyard is required in a zoning district where the proposed use is similar to existing, surrounding uses in terms of land use, size, density, and lot size, the bufferyard may be waived at the discretion of the Administrator. Such waiver (or denial of a waiver) by the Administrator shall be made in writing, justifying the decision.
   (F)   Table 1: Bufferyard Requirements.
Table 1. Bufferyard Requirements
Adjacent District
Table 1. Bufferyard Requirements
Adjacent District
Subject District
AG
AG
/
SF
SF
A
B
MF
MF
A
D
B
HC
HC
A
E
E
B
GC
GC
A
E
E
B
B
TWN
TWN
A
D
D
B
B
B
GI
GI
A
H
H
C
C
D
B
LI
LI
A
G
G
C
D
D
B
B
BUFF
BUFF
@
@
@
@
@
@
@
@
@
/ = No bufferyard required            @ = As determined by Plan Commission
 
   (G)   Table 2: Bufferyard Planting Requirements.
TABLE 2. BUFFERYARD PLANTING REQUIREMENTS
PLANT UNITS REQUIRED PER 100 LINEAR FEET
TABLE 2. BUFFERYARD PLANTING REQUIREMENTS
PLANT UNITS REQUIRED PER 100 LINEAR FEET
Bufferyard
Width (feet)
Canopy Trees
Understory Trees
Shrubs
Evergreen Trees
Fence/Berm
A
40
0
0
0
0
 
B
5
1
1
0
0
 
C
10
1
2
3
1
 
D
15
2
4
6
3
 
E
10
3
5
9
3
F1 or F2
F
20
4
8
12
5
F1 or F2
G
30
5
8
18
8
F1 or F2 and B1
H
50
6
9
18
12
F1 or F2 and B1
 
   (H)   Table 3: Fence and Berm Standards.
 
TABLE 3. FENCE AND BERM STANDARDS
Fence
Height (feet)
Material/Design
F1
8
Wood stockade
F2
6
Masonry wall
Berm
Height (feet)
Material/Design
B1
5
Earth