[Prior code § 17.1001]
The purpose of this chapter is to indicate the minimum requirements
for the landscaping of foundations, developed lots, street frontages,
paved areas, permanently protected green space areas, reforestation
areas, and bufferyards.
[Prior code § 17.1002]
A.
This chapter contains the standards which govern the amount, size,
type, installation and maintenance of required landscaping. This chapter
recognizes the important and diverse benefits which landscaping provides
in terms of protecting the health, safety, and general welfare of
the community, and implementing the master comprehensive plan.
B.
Each section of this chapter is oriented to a specific category of required landscaping. These include Landscaping Requirements for Foundations (Section 17.68.040). Landscaping Requirements for Developed Lots (Section 17.68.050) Landscaping Requirements for Street Frontages (Section 17.68.060), Landscaping Requirements for Paved Areas (Section 17.68.070), Landscaping Requirements for Permanently Protected Green Space Areas (Section 17.68.080), Landscaping Requirements for Reforestation (Section 17.68.090), and Landscaping Requirements for Bufferyards (Section 17.68.100).
C.
In each instance, a "landscaping point" concept is used to provide a maximum amount of flexibility in terms of the selection of plant materials. Section 17.68.030 presents sample landscape point combination alternatives used by this title. At the end of this chapter, Section 17.68.110 provides a listing of plant species fitting into the "climax tree," "tall deciduous tree," "medium deciduous tree," "low deciduous tree," "tall evergreen tree," "medium evergreen tree," "low evergreen tree," "tall deciduous shrub," "medium deciduous shrub," "low evergreen shrub," and "noncontributory plants" used by this title. Section 17.68.120 provides requirements for the installation and maintenance of required landscaping, and Section 17.68.130 describes the procedure for calculating landscaping requirements for this chapter.
[Prior code § 17.1003]
A.
All landscaping requirements are stated in terms of the number of
landscaping points required. The required number of landscaping points
is dependent upon the type of land use, the zoning district, and the
size of the development. A different number of points is awarded for
each plant, depending upon its typical growth rate, its mature height,
and whether it is a deciduous or evergreen species. A minimum installation
size is required for each of these plant categories. These requirements
are as follows:
|
Landscaping Points and Minimum Installation Sizes
| |||
|---|---|---|---|
|
Plant Category
|
Landscaping Points Per Plant
|
Minimum Permitted Installation Size
| |
|
Climax Tree
|
75
|
2" caliper
| |
|
Tall Deciduous Tree
|
30
|
1 1/2" caliper
| |
|
Medium Deciduous Tree
|
15
|
6' tall
| |
|
Low Deciduous Tree
|
10
|
4' tall
| |
|
Tall Evergreen Tree
|
40
|
5' tall
| |
|
Medium Evergreen Tree
|
20
|
4' tall
| |
|
Low Evergreen Tree
|
12
|
3' tall
| |
|
Tall Deciduous Shrub
|
5
|
36" tall
| |
|
Medium Deciduous Shrub
|
3
|
24" tall
| |
|
Low Deciduous Shrub
|
1
|
18" tall
| |
|
Medium Evergreen Shrub
|
5
|
18" tall/wide
| |
|
Low Evergreen Shrub
|
3
|
12" tall/wide
| |
|
Noncontributory Plants
|
0
|
n/a
| |
|
Source: A Guide to Selecting Landscape Plants for Wisconsin,
E. R. Hasselkus. UW-Extension Publication: A2865.
| |||
B.
Depiction of Sample Landscaping Schemes. The illustration set out
at the end of this subsection depicts sample landscaping schemes that
may be used for building foundations, developed lots, street frontages,
paved areas, reforestation, and bufferyards.[1] In general, landscaping schemes similar to Alternative A are best for building foundations, landscaping schemes similar to Alternative B are best for developed lots, landscaping schemes similar to Alternative C are best for street frontages, landscaping schemes similar to Alternative D are best for paved areas (including parking lots, walkways and plazas), landscaping schemes similar to Alternative E are best for reforestation, and landscaping schemes similar to Alternative F are best for bufferyards. A detailed listing of which plant species fit each plant type is provided in Section 17.68.110.
[1]
Editor's Note: The Sample Landscaping Scheme Illustrations are included as an attachment to this chapter.
C.
Measurement for Landscaping Requirements. A minimum amount of landscaping
points, based upon the zoning district, is required for the linear
feet building foundations, the gross floor area of buildings on developed
lots, the linear feet of street frontage, and the total combined area
of paved areas. The following diagram illustrates the measurement
techniques used to determine these requirements:
 |
|
Landscaping Calculation Equations:
| |
|
Paved Area = (P1 x P2) + (P3 x P4) + (P5 x P6) + (P7 x P8) + (P9 x P10)
| |
|
Street Frontage = SI + S2
| |
|
Building Perimeter = F1 + F2 + F3 + F4 + F5 + F6 + F7 + F8
| |
|
Building Floor Area = (B1 x B2) + (B3 x B4) + (B5 x B6)
|
[Prior code § 17.1004]
A.
This section requires that certain buildings constructed after the
effective date of this title be accented by a minimum amount of landscaping
placed near the building foundation.
B.
Landscaping required by this section shall be placed so that at maturity, the plant's drip line is located within 10 feet of the building foundation. Such landscaping shall not be located in those areas required for landscaping as street frontages, paved areas, protected green space areas, reforestation areas, or bufferyards, under Sections 17.68.050 through 17.68.090. See Section 17.68.030(B), Alternative A for a suggested scheme.
D.
Climax trees and tall trees shall not be used to meet this requirement.
The intent of this section is to require a visual break in the mass
of buildings and to require a visual screen of a minimum of six feet
in height for all exterior perimeter appurtenances (such as HVAC/utility
boxes, standpipes, stormwater discharge pipes and other pipes.)
|
Building Foundation Landscaping Requirements:
Minimum Required Landscaping Points per 100 linear feet
of Building Foundation
| |||
|---|---|---|---|
|
Land Use
| |||
|
Zoning District
|
All Other Land Uses
|
Single-Family Residential and Agricultural
| |
|
Agricultural/Holding District (A-1)
|
20
|
0
| |
|
Single-Family Residential (RS-1)
|
40
|
0
| |
|
Single-Family Residential (RS-2)
|
40
|
0
| |
|
Single-Family Residential (RS-3)
|
40
|
0
| |
|
Two-Family Residential (RD)
|
45
|
0
| |
|
Multiple-Family Residential (RM)
|
50
|
0
| |
|
Central Commercial District (CC)
|
0
|
0
| |
|
Neighborhood Commercial (NC)
|
40
|
0
| |
|
Suburban Commercial (SC)
|
40
|
0
| |
|
Suburban Industrial (SI)
|
40
|
0
| |
|
Urban Industrial (UI)
|
20
|
0
| |
[Prior code § 17.1005]
A.
This section requires that certain lots developed after the effective
date of this title contain a minimum amount of landscaping.
B.
Landscaping required by this section is most effective if located away from those areas required for landscaping as building foundations, street frontages, paved areas, protected green space areas, reforestation areas, or bufferyards, under Sections 17.68.050 through 17.68.100. See Section 17.68.030(B). Alternative B for a suggest landscaping scheme.
D.
The intent of this section is to provide yard shade and to require
a visual screen of a minimum of six feet in height for all detached
exterior appurtenances (such as HVAC, utility boxes, standpipes, stormwater
discharge pipes and other pipes.)
|
Developed Lot Landscaping Requirements:
Minimum Required Landscaping Points per 1,000 Square Feet
of Gross Floor Area
| |||
|---|---|---|---|
|
Land Use
| |||
|
Zoning District
|
All Other Land Uses
|
Single-Family Residential and Agricultural
| |
|
Agricultural/Holding District (A-1)
|
10
|
0
| |
|
Single-Family Residential (RS-1)
|
20
|
0
| |
|
Single-Family Residential (RS-2)
|
20
|
0
| |
|
Single-Family Residential (RS-3)
|
20
|
0
| |
|
Two-Family Residential (RD)
|
20
|
0
| |
|
Multiple-Family Residential (RM)
|
20
|
0
| |
|
Central Commercial (CC)
|
0
|
0
| |
|
Neighborhood Commercial (NC)
|
15
|
0
| |
|
Suburban Commercial (SC)
|
10
|
0
| |
|
Suburban Industrial (SI)
|
10
|
0
| |
|
Urban Industrial (UI)
|
5
|
0
| |
[Prior code § 17.1006]
A.
This section requires that street frontages on certain lots developed
after the effective date of this title contain a minimum amount of
landscaping in those areas which abut the right-of-way of a public
street.
B.
All landscaping used to meet this requirement shall be located within
10 feet of the public right-of-way. In no instance shall such landscaping
be located within a public right-of-way. See Section 17.68.030(B),
Alternative C for a suggested landscaping scheme. Landscaping shall
not impede vehicle or pedestrian visibility.
D.
Shrubs shall not be used to meet this requirement. A minimum of 50%
of all points shall be devoted to canopy trees and a minimum of 30%
of all points shall be devoted to understory trees.
|
Street Frontage Landscaping Requirements:
Minimum Required Landscaping Points per 100 linear feet
of Street Frontage
| |||
|---|---|---|---|
|
Land Use
| |||
|
Zoning District
|
All Other Land Uses
|
Single-Family Residential and Agricultural
| |
|
Agricultural/Holding District (A-1)
|
20
|
0
| |
|
Single-Family Residential (RS-1)
|
40
|
0
| |
|
Single-Family Residential (RS-2)
|
40
|
0
| |
|
Single-Family Residential (RS-3)
|
40
|
0
| |
|
Two-Family Residential (RD)
|
45
|
0
| |
|
Multiple-Family Residential (RM)
|
50
|
0
| |
|
Central Commercial (CC)
|
0
|
0
| |
|
Neighborhood Commercial (NC)
|
40
|
0
| |
|
Suburban Commercial (SC)
|
40
|
0
| |
|
Suburban Industrial (SI)
|
40
|
0
| |
|
Urban Industrial (UI)
|
20
|
0
| |
[Prior code § 17.1007]
A.
This section requires that paved areas on certain lots developed
after the effective date of this title contain a minimum amount of
landscaping within, or within 10 feet of, the paved area. The intent
is to require a continuous visual screen of parking areas from public
rights-of-way at a minimum height of 40 inches.
B.
A minimum of 360 square feet of landscaped area, which shall be located within 10 feet of the paved area, is required for the placement of every 100 landscaping points. This area does not have to be provided in one contiguous area, sample configurations are depicted in Section 17.68.030. Plants used to fulfill this requirement shall visually screen parking, loading and circulation areas from view from public streets.
C.
All landscaping areas located adjacent to paved areas shall be separated
from the paved area by a continuous minimum four-inch tall curb which
is constructed of concrete, asphalt, timber or like material approved
by the director of public works.
D.
For every 20 off-street parking stalls or 10,000 square feet of pavement (whichever yields the greater landscaping requirement) located in a development, the following number of landscaping points (as described in Section 17.68.030) shall be provided on a prorated basis, and installed and maintained per the requirements of Section 17.68.110. A minimum of 30% of all points shall be devoted to understory trees and a minimum of 40% of all points shall be devoted to shrubs.
|
Paved Area Landscaping Requirements:
Minimum Required Landscaping Points per 10,000 square
feet of Paved Area or 20 Parking Stalls
| |||
|---|---|---|---|
|
Land Use
| |||
|
Zoning District
|
All Other Land Uses
|
Single-Family Residential and Agricultural
| |
|
Agricultural/Holding District (A-1)
|
40
|
0
| |
|
Single-Family Residential (RS-1)
|
80
|
0
| |
|
Single-Family Residential (RS-2)
|
80
|
0
| |
|
Single-Family Residential (RS-3)
|
80
|
0
| |
|
Two-Family Residential (RD)
|
90
|
0
| |
|
Multiple-Family Residential (RM)
|
100
|
0
| |
|
Central Commercial (CC)
|
20
|
0
| |
|
Neighborhood Commercial (NC)
|
80
|
0
| |
|
Suburban Commercial (SC)
|
80
|
0
| |
|
Suburban Industrial (SI)
|
80
|
0
| |
|
Urban Industrial (UI)
|
40
|
0
| |
[Prior code § 17.1008]
[Prior code § 17.1009]
A.
This section requires that each area required to be reforested, be
reforested and maintained in a manner appropriate to site conditions.
B.
A detailed reforestation plan shall be submitted by the property
owner and approved by the Village through the conditional use process
prior to clear cutting. This plan shall be reviewed by a reforestation
consultant chosen by the Village, with funding for consulting services
provided by the petitioner to the Village.
C.
Clear cutting land uses include the one-time, continuing, or cumulative clearing, cutting, harvesting, or other destruction (including by fire) of trees in an area (or combined areas) of more than 40% of the woodlands as determined by SEWRPC on a property (or up to 100% for developments approved prior to the effective date of this title). Clear cutting is permitted only as a conditional use within the jurisdiction of this title. Areas which have been clear cut as a result of intentional action following the effective date of this title without the granting of a conditional use permit are in violation of this title and the property owner shall be fined for such violation (in accordance with the provisions of Section 17.74.060) and shall be required to implement the mitigation standards required for the destruction of woodlands solely at his or her expense, including costs associated with site inspection to confirm the satisfaction of mitigation requirements. Areas which have been clear cut unintentionally as a result of fire shall not subject the owner of the property to fines associated with the violation of this title, but shall require the satisfaction of mitigation requirements at the owner's expense, including cost associated with site inspection to confirm the satisfaction of mitigation requirements.
D.
Conditional use regulations for clear cutting in all districts should
include the following:
1.
Applicant shall demonstrate that clear cutting will improve the level
of environmental protection on the subject property.
2.
Areas of the subject property which are clear cut beyond the limitations
established above, shall require the replanting of trees in other
portions of the subject property — thereby freeing the currently
wooded area for development while ensuring that the amount of required
wooded area on the subject property remains constant.
E.
Rationale. The provisions of this section are designed to ensure
that reforestation efforts required as part of woodland disruption
mitigation standards result in the thorough and reasonably rapid replacement
of the important and varied environmental functions which woodlands
provide.
[Prior code § 17.1010]
A.
Purpose. This section provides the landscaping and width requirements
for bufferyards on lots developed after the effective date of this
title. A bufferyard is a combination of distance and a visual buffer
or barrier. It includes an area, together with the combination of
plantings, berms and fencing, that are required to eliminate or reduce
existing or potential nuisances. These nuisances can often occur between
adjacent zoning districts. Such nuisances are dirt, litter, noise,
glare of lights, signs, and incompatible land uses, buildings or parking
areas.
Rationale. One of zoning's most important functions is the separation
of land uses into districts which have similar character and contain
compatible uses. The location of districts is supposed to provide
protection, but in the Village, this is not the case since zoning
districts permitting uses as diverse as single-family residential
and industrial uses were located next to one another long before the
effective date of this title. Bufferyards will operate to minimize
the negative impact of any future use on neighboring uses.
B.
Required Locations for Bufferyards. Bufferyards shall be located along (and within) the outer perimeter of a lot wherever two different zoning districts abut one another. Bufferyards may be located in required setback areas. In such instances, the 1/2 of the bufferyard requirements of this section shall be used instead of the street frontage landscaping required in Section 17.68.050, if such requirements of this section are greater. (In such instances, the width of the right-of-way may be counted as contributing to the width requirements for a bufferyard, however, the minimum width required along the street frontage by Section 17.68.050 shall be provided in all cases.) Bufferyard plantings or structures shall not be located on any portion of any existing, dedicated, or officially mapped right-of-way.
C.
Determination of Required Bufferyard. The determination of bufferyard requirements is a twostaged process. First the required level of bufferyard opacity is determined using Table A, set out in Subsection D of this section. Opacity is a quantitatively-derived measure which indicates the degree to which a particular bufferyard screens the adjoining property. The required level of opacity indicated by this Table is directly related to the degree to which the potential character of development differs between different zoning districts. The provisions of this section indicate the minimum requirements for bufferyards located along zoning district boundaries.
1.
Identification of Required Level of Opacity. Table A. set out in Subsection D of this section, shall be used to determine the minimum level of opacity for the required bufferyard. The required level of opacity is determined by the value given in the cell of the table at which the column heading along the top row of the Table (representing the subject property's zoning district) intersects with the row heading along the left hand side of the Table (representing the adjacent property's zoning district). The value listed is the required level of opacity for the bufferyard on the subject property.
2.
Identification of Detailed Bufferyard Requirements. Table B, set out in Subsection D of this section, shall be used to select the minimum levels of bufferyard width, landscaping, berming and fencing needed to achieve the minimum level of opacity (from Table A, set out in Subsection D of this section) for the required bufferyard. The landscaping component of each option is given in landscaping points (as described in Section 17.68.030). For any given bufferyard, any combination of options for the same level of opacity may be used. This approach provides a very broad range of choice for bufferyard width, landscaping, berming and fencing, which can be varied according to site features.
a.
If a proposed use adjoins a parcel for which a bufferyard is required by the presence of a zoning district boundary, that use shall provide a bufferyard with the level of the opacity indicated in Table A, set out in Subsection D of this section.
b.
For each level of opacity listed in Table A, set out in Subsection D of this section, a wide variety of width, landscaping point, berm, and structure combinations are possible. These are listed in Table B, set out in Subsection D of this section. The requirements listed in said Table B pertain to the number of landscaping points, the minimum bufferyard width, and the type of berm or fencing required within every 100 feet of required bufferyard. A variety of landscaping point options are available and may be mixed within distinct portions of the same bufferyard. Section 17.68.030 describes the various available landscaping point alternatives. Table B, set out in Subsection D of this section, provides a listing of tree and shrub species which correspond the landscaping point descriptions.
D.
Tables for Required Bufferyards. See Tables A and B, set out in this
subsection.[1]
[1]
Editor's Note: Tables A and B are included as attachments to this chapter.
[Prior code § 17.1011]
For the purpose of this title, plant materials are classified
into 13 groupings: "climax tree," "tall deciduous tree," "medium deciduous
tree," "low deciduous tree," "tall evergreen tree," "medium evergreen
tree," "low evergreen tree," "tall deciduous shrub," "medium deciduous
shrub," "low deciduous shrub," "medium evergreen shrub," "low evergreen
shrub," and noncontributory plants. Species suitable for landscaping
use and compatible with Walworth County climate and soil factors are
listed in the Table below. The Zoning Administrator shall review proposals
for, and the applicability of, species not contained in this list
and is authorized to approve appropriate similar species.
[Prior code § 17.1012]
A.
Installation:
1.
Any and all landscaping and bufferyard material required by the provisions
of this title shall be installed on the subject property, in accordance
with the approved site plan within 730 days of the issuance of an
occupancy permit for any building on the subject property.
2.
Surety.
a.
If the subject property is to be occupied prior to the installation
of all required landscaping and bufferyard material, the property
owner shall file, subject to approval by the Zoning Administrator,
a bond, a certificate of deposit, an irrevocable letter of credit,
or a certified check, in amount equal to 110% of the estimate of landscaping
materials and installation cost. An enforceable contract, for all
work on the subject property indicated on the detailed landscaping
plan required under the provisions of this section, from a qualified
contractor (valid for the 730 days period), shall be used to determine
the amount of surety.
b.
If a part of a plat of subdivision approved per the requirements
of this title, the amount may be split into amounts which are applicable
to phases of the plat approved per the requirements of the Village
subdivision ordinance.
c.
Governmental units to which these bond and guarantee provisions
apply, may, in lieu of such contract or instrument of guarantee, file
a resolution or letter from officers authorized to act in its behalf,
agreeing to comply with the provisions of this section.
3.
Existing plant material which meets the requirements of Section 17.68.020 and which will be preserved on the subject property following the completion of development, may be counted as contributing to the landscaping requirements.
4.
All landscaping and bufferyard areas shall be seeded with lawn or
native ground cover unless such vegetation is already fully established.
5.
The exact placement of required plants and structures shall be depicted
on the required detailed landscaping plan per shall be the decision
of each property owner within the requirements of this section, except
that the following requirements shall be met:
a.
Evergreen shrubs shall be planted in clusters in order to maximize
their chance for survival.
b.
Where a combination of plant materials, and/or berming and/or
fencing is used in a bufferyard, the fence and/or berm shall be located
toward the interior of the subject property and the plant material
shall be located toward the exterior of the subject property.
c.
A property owner may establish through a written agreement,
recorded with the register of deeds office, that an adjacent property
owners shall agree to provide a partial or full portion of the required
bufferyard on an immediately adjacent portion of their land, thereby
exempting the developer from providing all or a portion of the required
bufferyard on his or her property.
d.
In no manner shall landscaping or bufferyard materials be selected
and/or located in a manner which results in the creation of a safety
or visibility hazard.
B.
Maintenance. The continued and continual maintenance of all required
landscaping and bufferyard materials shall be a requirement of this
title and shall be the responsibility of the owner of the property
on which the materials are required. This requirement shall run with
the property and is binding upon all future property owners. Development
of any and all property following the effective date of this title
shall constitute an agreement by the property owner to comply with
the provisions of this section. Upon failure to comply with these
provisions, the Village may enter upon the property for the purpose
of evaluating and maintaining all required landscaping and bufferyard
materials, and may specially assess the costs thereof against the
property. Failure to comply with this requirement shall be considered
a violation of this title, and shall be subject to any and all applicable
enforcement procedures and penalties.
C.
Use of Required Bufferyard and Landscaped Areas. Any and all required
bufferyards or landscaped areas may be used for passive recreation
activities. Such areas may contain pedestrian, bike or equestrian
trails provided that: no required material is eliminated; the total
width of the required bufferyard, or the total area of required landscaping,
is maintained; and all other regulations of this title are met. In
no event, however, shall swimming pools, tennis courts, sports fields,
golf courses, or other such active recreation used be permitted in
such areas. Furthermore, in no instance shall any parking be permitted
in such areas, nor shall any outdoor display of storage of materials
be permitted in such areas. Paving in such areas shall be limited
to that required for necessary access to, through or across the subject
property.
D.
Utility Easements. Landscaping materials, fences and berms which
are located within a duly recorded utility easement and/or a pedestrian
easement shall not count toward meeting a landscaping requirement.
However, the width of such areas may be counted as part of a landscaping
requirement.
[Prior code § 17.1013]
In calculating the number of required landscaping points under
the provisions of this chapter, all areas and distances on which required
calculations are based shall be rounded up to the nearest whole number
of square feet or linear feet. Any partial plant derived from the
required calculations of this chapter (for example 23.3 canopy trees)
shall be rounded up to the nearest whole plant 24 canopy trees).
[Prior code § 17.1014]
Any and all proposed landscaping on the subject property, required
to meet the standards of this title, shall be clearly depicted and
labeled as to its location and make-up on the site plan required for
the development of the subject property.
