(a) Purpose. The purpose of the landscaping regulations shall be to promote and protect the public health, safety and welfare through the preservation and protection of the environment by recognizing the vital importance of tree growth to the ecological system. It is further the purpose of this section to specifically promote the preservation and replacement of trees and major vegetation removed in the course of land development, and to promote the proper utilization of landscaping as a buffer between certain land uses to minimize the possibility of nuisances. Through the proper use of landscaping, nuisances can be avoided between abutting land uses and distractions eliminated for traffic passing by and through a particular use. For the purpose of this Zoning Ordinance, "landscaping" means the treatment of the ground surface with natural greenery and plant material, including seeding and sod.
(b) Plan.
(1) All applications for a subdivision, zoning permit, variance, conditional use permit or in other such cases where a site plan or development plan is to be filed, a landscape plan must be shown. The owner or applicant shall indicate and show proof of preserving major vegetation either by generally locating major tree growth as related to development and construction plans on the landscape plan or boundary survey or by tree spot as determined by the Village Mayor or his designee.
(2) All trees having a trunk diameter of six inches or greater as measured twenty-four inches from the ground level shall be preserved unless such trees are exempted as follows:
A. Trees within public rights-of-way or utility easements, which impair use of the easement.
B. Trees within the ground coverage of proposed structures or within twelve feet from the perimeter of such structure(s).
C. Trees within the driveway to service a single-family home.
D. Trees that in the judgment of the Village Mayor or his designee are damaged, diseased, which interfere with utility lines or are an inappropriate or undesirable species for that specific location.
It is encouraged that exempted trees subject to destruction are preserved by relocation and replanting of such trees on a lot.
(3) For new development or construction, if new tree plantings are required for conformance to the landscaping requirements of this section, the applicant or owner shall indicate on the landscape plan the location and size of such tree plantings. If such landscape plan is approved by the Village Mayor or his designee, the applicant or owner shall plant such trees as may be required within one year after the issuance of a building permit.
(c) Screening Requirements.
(1) Screening of service courts and loading dock areas.
A. For applicable uses under the commercial and industrial districts both planned and standard all areas used for service, loading and unloading activities shall be adequately screened if adjacent to or abutting a residential district.
B. Such screening can consist of walls, fence structures, landscaping or, an acceptable combination of these elements, provided that the height of any wall or fence structure is at minimum seven feet and at maximum twelve feet.
C. Such screening shall cover a minimum of seventy-five percent (75%) of the area of the visual face formed by the property line between adjacent residential uses extended vertically to a height of nine feet from ground level, and extended horizontally between the side lot lines of the property. In addition, such screening, during full foliage, shall have a minimum opaqueness of seventy-five percent (75%).The use of year round vegetation, shall be no closer than three feet to any property line.
(2) Screening of trash containers; receptacles.
A. For applicable uses under the commercial and industrial district, both planned and standard, all trash containers or receptacles shall be sufficiently screened or enclosed. Trash containers designed to service more than one residential unit or to service a non-residential restructure or structures shall be screened by walls, a fence structure or landscaping or an acceptable combination of these elements.
B. The height of such walls, fence structures of landscaping shall be a minimum of six feet. The maximum height of walls and fence structures shall not exceed ten feet. All screening, during full foliage, shall have a minimum opaqueness of eighty percent (80%). The use of year round vegetation such as pines or evergreens is encouraged.
C. For every six inch tree removed in the course of development or construction that is otherwise not exempted from regulation, the owner or applicant shall plant a tree having a trunk diameter of no less than one and one half inches within one year from the date a building permit was granted. For every six inch tree removed, and if no replacement trees are planted within this one year period, the Village Mayor or his designee may find the owner or applicant in violation of this chapter and assess a fine of fifty dollars ($50.00) per violation. Such fee shall be used by the Village to plant trees on public property or rights of way. In the case of dispute between the applicant or owner and the Village Forester relative to whether a specific tree is exempted or non-exempted from these regulations, the Village Mayor or his designee may require that an accurate tree spot be made by the applicant for determination of violation.
(d) Standards.
(1) Preservation of wooded areas. It is encouraged that efforts be made to preserve natural vegetation areas. Consideration shall be given to laying out streets, lots, structures and parking areas to avoid the unnecessary destruction of heavily wooded areas or outstanding tree specimens. It is further encouraged that whenever possible, heavily wooded areas be designated as park reserves.
(2) Tree planting requirements. For all new development the following landscape requirements shall apply:
USE | REQUIREMENTS |
Individual lots under R-2, R-4, PUD Districts | There must be tree plantings equal to one half inch in tree trunk size for every 150 sq. ft. in ground coverage by a single family structure. |
CC, GC, PNC, NC | A. Up to 20,000 sq. ft.: Tree planting equal to 1/2 inch in tree trunk size for every 2,000 sq. ft. of ground coverage. B. Between 20,000 and 50,000 sq. ft.: tree plantings equal to five inches plus 1/4 inch in tree trunk size per every 2,000 sq. ft. over 20,000 sq. ft. in ground coverage. C. Over 50,000 sq. ft.: Tree plantings equal to eight and three fourths inches plus 1/2 inch in tree trunk size per every 4,000 sq. ft. over 50,000 sq. ft. in ground coverage. |
No new tree plantings shall be required if existing trees and the aggregate trunk sizes of such trees meet or exceed the requirements as set forth in this Zoning Ordinance. The minimum tree size for each tree planting shall be no less than one and one fourth inches in trunk diameter.
(3) Additional screening requirements.
A. For all applicable uses under the Commercial and Industrial Districts, both planned and standard, screening shall be provided between such uses and any adjacent or abutting residential districts.
B. Such screening can consist of walls, fence structures, and landscaping or an acceptable combination of these elements. Such screening shall cover a minimum of fifty percent (50%) of the area of the visual face formed by the rear and side property lines extended vertically to a height of seven feet and extended horizontally between the front building line and the rear property line for side lot lines. Such landscaping shall be not closer than three feet to any property line.
C. Such screening during full foliage shall have an opaqueness of at least seventy-five percent (75%) and walls and fence structures shall have a minimum height of four feet and a maximum height of eight feet.
D. For all industrial uses adjacent or abutting a residential district, screening shall be provided as per the following requirements:
Minimum visual face coverage | 80% |
Minimum opaqueness | 80% |
Minimum height, walls and fence structures | 7 feet |
Maximum height, walls and fence structures | 12 feet |
E. No screening shall be erected which obstructs a driver's view of traffic at street or road intersections.
(e) Procedure.
A. The applicant, developer or builder at the time of procuring a building permit shall submit his building plans, and landscaping plans to the Village Mayor or his designee indicating location, size of trees, location of trees over six inches to be removed and location and size of replacement trees, if any, to be planted.
B. The Village Mayor or his designee shall review the building and landscape plan simultaneously with the engineering and subdivision review and have 15 days from the date of receipt of such plans to indicate approval or disapproval of the landscape plan to the Planning Commission under appeal, no building permit shall be issued.
C. Under the requirements set forth for screening, the Village Mayor or his designee shall recommend to the Planning Commission the acceptability of the screening plans and the Planning Commission shall approve or disapprove the screening plan. (Ord. 363. Passed 6-22-81; Ord. 4-99. Passed 5-10-99.)