The purpose of this article 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.
A. 
This article contains the standards which govern the amount, size, type, installation and maintenance of required landscaping. This article 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 Comprehensive Master Plan.
B. 
Each section of this article is oriented to a specific category of required landscaping. The landscaping requirements described in this article of the chapter are cumulative in nature and are required for all development, except single-family residential and agricultural uses, in the following locations: around building foundations, in developed lots, along street frontages, in or around paved areas, in permanently protected green space areas, in reforestation areas, and in bufferyards. Descriptions of these areas and their associated landscape requirements are included in § 250-75, Landscaping requirements for regular development (building foundation, developed lots, street frontages, paved areas); § 250-77, Landscaping requirements for other permanently protected green space areas; § 250-78, Landscaping requirements for reforestation; and § 250-79, Landscaping requirements for bufferyards.
[Amended 1-8-2007 by Ord. No. 31-06; 6-23-2008 by Ord. No. 09-08]
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 250-74 presents sample landscape point combination alternatives used by this chapter. Section 250-80 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 deciduous shrub," "medium evergreen shrub," "low evergreen shrub" and "noncontributory plants" categories used by this chapter (see also, at the end of this chapter and in more detail, Appendix B, Detailed Classification of Plant Species). Section 250-81 provides requirements for the installation and maintenance of required landscaping, and § 250-82 describes the procedure for calculating landscaping requirements for this article.
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:
[Amended 1-8-2007 by Ord. No. 31-06]
Landscaping Points and Minimum Installation Sizes
Plant Category
Landscaping Points Per Plant
Minimum Permitted Installation Size
Climax Tree
75
2 inches caliper
Tall Deciduous Tree
30
1 1/2 inches caliper
Medium Deciduous Tree
15
6 feet tall
Low Deciduous Tree
10
4 feet tall
Tall Evergreen Tree
40
5 feet tall
Medium Evergreen Tree
20
4 feet tall
Low Evergreen Tree
12
3 feet tall
Tall Deciduous Shrub
5
36 inches tall
Medium Deciduous Shrub
3
24 inches tall
Low Deciduous Shrub
1
18 inches tall
Medium Evergreen Shrub
5
18 inches tall/wide
Low Evergreen Shrub
3
12 inches tall/wide
Noncontributory Plants
0
na
Source: A Guide to Selecting Landscape Plants for Wisconsin, E. R. Hasselkus, UW-Extension Publication: A2865.
Landscape Element
How Points Are Determined
Points
Decorative retaining walls
Points are per face foot for walls in front or side yards perpendicular to or facing the street. Modular block, boulders, timbers or stones only; no concrete (maximum of 35% of front or side yard total points)
2
Paver stone walks, paths or patios
Points are per square foot of dry-laid area; no driveways included
1/2
Rain gardens
Points are per square foot. (Size and construction must meet guidelines outlined below.)
1/2
Note: Points for existing trees are based on the above schedule, with a maximum of 75 points for any single tree.
B. 
Depiction of sample landscaping schemes. The illustrations shown on the following pages depict sample landscaping schemes that may be used for building foundations, developed lots, street frontages, paved areas, reforestation and bufferyards. 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 § 250-80.
Alternative A: Best Suited for Building Foundations
750 Landscaping Points:
20 medium trees
15 small shrubs
60 shrubs
 250 Alternative A.tif
Alternative B: Best Suited for Developed Lots
1,250 Landscaping Points:
6 climax trees
8 tall trees
20 medium trees
41 evergreen plantings
 250 Alternative B.tif
Alternative C: Best Suited for Street Frontages
Option 1
Option 2
280 Landscaping Points:
280 Landscaping Points:
2 climax trees
2 climax trees
2 tall trees
2 tall trees
8 small trees
4 small trees
8 evergreen shrubs
 250 Alternative C OP 1.tif
Option 1
 250 Alternative C OP 2.tif
Option 2
Alternative D: Best Suited for Paved Areas
Option 1
Option 2
880 Landscaping Points:
880 Landscaping Points:
2 climax trees
5 climax trees
13 tall trees
6 tall trees
68 evergreen shrubs
68 evergreen shrubs
 250 Alternative D OP 1.tif
Option 1
 250 Alternative D OP 2.tif
Option 2
Alternative E: Best Suited for Reforestation
 250 Alternative E.tif
Alternative F: Best Suited for Bufferyards
Option 1
Six-foot opaque fence on property line, minimum five-foot setback to paving (no plants)
250 Alternative F OP 1.tif
Option 2
Four-foot transparent fence, 20 feet from property line. Stagger plants to both sides. (Stay out of ten-foot utility easement)
250 Alternative F OP 2.tif
Option 3
Ten-foot zone with no plantings adjacent to property line; ten-foot-wide berm minimum (1.5 feet height minimum) and plantings
250 Alternative F OP 3.tif
C. 
Measurement for landscaping requirements:
(1) 
A minimum amount of landscaping points, based upon the zoning district, is required for:
(a) 
The linear feet of building foundations.
(b) 
The gross floor area of buildings on developed lots.
(c) 
The linear feet of street frontage.
(d) 
The total combined area of paved areas.
(2) 
The following diagram illustrates the measurement techniques used to determine these requirements:
 250 Landscape Measurements.tif
Landscape Measurements
Landscaping Calculation Equations for this Example:
Paved area
=
(P1 x P2) + (P3 x P4) + (P5 x P6) + (P7 x P8) + (P9 x P10)
Street frontage
=
S1 + S2
Building perimeter
=
F1 + F2 + F3 + F4 + F5 + F6 + F7 + F8
Building floor area
=
(B1 x B2) + (B3 x B4) + (B5 x B6)
[Amended 1-8-2007 by Ord. No. 31-06; 6-23-2008 by Ord. No. 09-08]
Landscaping is not required for agricultural land uses (§ 250-37).
A. 
Building foundations. This section requires that certain buildings or building additions constructed after the effective date of this chapter be accented by a minimum amount of landscaping placed near the building foundation.
(1) 
Landscaping required by this section shall be placed so that at maturity, the plant's dripline 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. See Alternative A in § 250-74B for a suggested scheme.
(2) 
For each 100 feet of building foundation perimeter, the following number of landscaping points (per § 250-74) shall be provided on a prorated basis and installed and permanently maintained per the requirements of § 250-81.
(3) 
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).
(4) 
Where the officially approved site plan depicts a future building extension, the foundation landscaping requirement shall be calculated by measuring the length of the total perimeter. However, foundation plantings need only be installed based on the landscape points calculated from the portions of the building perimeter that will not be affected by building extension. If this results in point requirements which are not met through the initial planting, then said requirement shall be met within five years of building permit issuance or as extended in writing by the Plan Commission.
B. 
Street frontages. This section requires that street frontages on certain lots developed after the effective date of this chapter contain a minimum amount of landscaping in those areas which abut the right-of-way of a public street.
(1) 
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 Alternative C in § 250-74B for a suggested landscaping scheme. Landscaping shall not impede vehicle or pedestrian visibility.
(2) 
For every 100 linear feet of street frontage where a developed lot abuts a public street right-of-way, the following number of landscaping points (as described in § 250-74) shall be provided on a prorated basis and installed and maintained per the requirements of § 250-81.
(3) 
Shrubs shall not be used to meet this requirement. A minimum of 50% of all points shall be devoted to climax and/or tall trees, and a minimum of 30% of all points shall be devoted to medium trees.
C. 
Paved areas. This subsection requires that paved areas on certain lots developed after the effective date of this chapter 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.
(1) 
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. Said area does not have to be provided in one contiguous area. Sample configurations are depicted in § 250-74 above. Plants used to fulfill this requirement shall visually screen parking, loading and circulation areas from view from public streets.
(2) 
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 § 250-74) shall be provided on a prorated basis and installed and maintained per the requirements of § 250-81. A minimum of 30% of all points shall be devoted to climax and/or tall trees, and a minimum of 40% of all points shall be devoted to shrubs.
(3) 
Parking lot design shall employ interior landscaped islands with a minimum of 400 square feet at all parking aisle ends and in addition shall provide a minimum of one landscaped island of a minimum of 400 square feet in each parking isle for every 20 cars in that aisle. Aisle-end islands shall count toward meeting this requirement. Landscaped medians shall be used to break large parking areas into distinct pods, with a maximum of 100 spaces in any one pod.
D. 
Developed lots. This subsection requires that certain lots developed after the effective date of this chapter contain a minimum amount of landscaping.
(1) 
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. See Alternative B in § 250-74B for a suggest landscaping scheme.
(2) 
The following number of landscaping points (as described in § 250-74) shall be provided on a prorated basis for every 1,000 square feet of gross floor area and installed and maintained per the requirements of § 250-81.
(3) 
The intent of this subsection 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).
Table 250-75: Landscaping Requirements for Regular Development
Note: Landscaping is not required for agricultural land uses, § 250-37.
[Amended 6-23-2008 by Ord. No. 09-08]
Components
Building Foundation
Street Frontages
Paved Areas
Developed Lots
Types of Landscaping
Climax trees and tall trees shall not be used to meet this requirement
Shrubs not allowed; a minimum of 50% of points devoted to climax/tall trees and 30% to medium trees
A minimum of 30% of points devoted to climax/tall trees and 40% to shrubs
All plant categories can be used to meet requirements
Placement of Landscaping
Located so that at maturity the plant's dripline is located within 10 feet of building foundation
Located within 10 feet of the public right-of-way
Within paved area or within 10 feet of the paved area
Located away from areas that meet other landscaping requirements (i.e., building foundation, street frontage, paved areas)
Calculation of Landscaping Points
Points per 100 feet of building foundation:
Points per 100 linear feet of street frontage:
Greater of: points per 20 parking stalls or 10,000 square feet of parking area:
Points per 1,000 square feet of building footprint:
Zoning Districts:
Rural Holding (RH)
20
20
40
10
Single-Family Residential-2 (SR-2)
40
40
80
20
Single-Family Residential-3 (SR-3)
40
40
80
20
Single-Family Residential-4 (SR-4)
40
40
80
20
Two-Family Residential-6 (TR-6)
45
45
90
20
Multifamily Residential-8 (MR-8)
50
50
100
20
Neighborhood Office (NO)
45
45
80
20
Planned Office (PO)
40
40
60
15
Neighborhood Business (NB)
40
40
80
15
Planned Business (PB)
40
40
60
10
General Business (GB)
20
20
40
5
Central Business (CB)
0
0
20
0
Planned Industrial (PI)
40
40
60
10
General Industrial (GI)
20
20
40
5
Heavy Industrial (HI)
20
20
40
5
A. 
This section requires that each acre of other permanently protected green space after the effective date of this chapter be planted with a minimum amount of landscaping. [See definition (in § 250-15) of "other permanently protected green space and green space ratio (GSR)."]
[Amended 11-14-2005 by Ord. No. 20-05]
B. 
For every one acre of other permanently protected green space in a development, 200 landscaping points (as described in § 250-74) shall be provided. In addition, adequate ground cover shall be provided to stabilize the soil.
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 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.
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.
A. 
Purpose. This section provides the landscaping and width requirements for bufferyards on lots developed after the effective date of this chapter. 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 of Johnson Creek 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 chapter. 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 shall not be required in front yards.
C. 
Determination of required bufferyard. The determination of bufferyard requirements is a two-staged process. First, the required level of bufferyard opacity is determined using Table 250-79D(1). 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 Table 250-79D(1) 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 250-79D(1) 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.
(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 opacity indicated in Table 250-79D(1).
(b) 
For each level of opacity listed in Table 250-79D(1), a wide variety of width, landscaping point, berm and structure combinations are possible. These are listed in Table 250-79D(2). The requirements listed in Table 250-79D(2) 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 250-74 describes the various available landscaping point alternatives. Section 250-80 provides a listing of tree and shrub species which correspond to the landscaping point descriptions.
D. 
Tables for required bufferyards. See following pages for Tables 250-79D(1) and (2).
(1) 
Notes for Table 250-79D(1). For properties zoned in the Agricultural District (A), refer to the Master Plan's Land Use Map to determine the proposed zoning district for said property. Bufferyard requirements shall be taken from this proposal.
Table 250-79D(1): Required Bufferyard Opacity Values
[Amended 8-11-2008 by Ord. No. 13-08]
 250 Table 250-610 grayscale.tif
*
For properties zoned in the Rural Holding District (RH), refer to the Comprehensive Plan's Future Land Use Map to determine the proposed zoning district for said property. Bufferyard requirements shall be taken from this proposal.
Table 250-79D(2) Detailed Bufferyard Requirements
Opacity
Number Landscaping Points/100 feet
Width
(feet)
Required Structure
0.05
0
10 or more
Minimum 44-inch picket fence*
0
10 or more
Minimum 4-foot wood rail fence*
40
10
—
36
15
—
33
20
—
31
25
—
29
30
—
0.10
0
10 or more
Minimum 44-inch picket fence*
38
10 or more
Minimum 4-foot wood rail fence*
91
10
—
80
15
—
73
20
—
68
25
—
65
30
—
62
35 or more
—
0
35 or more
Minimum 4-foot berm
0.20
0
10 or more
Minimum 6-foot solid fence*
84
10 or more
Minimum 44-inch picket fence*
133
15 or more
Minimum 4-foot wood rail fence*
198
15
—
173
20
—
158
25
—
149
30
—
140
35
—
10
35 or more
Minimum 4-foot berm
135
40 or more
—
0
40 or more
Minimum 5-foot berm
0.30
0
10 or more
Minimum 6-foot solid fence*
198
15 or more
Minimum 44-inch picket fence*
320
20
—
240
20 or more
Minimum 4-foot wood rail fence*
276
25
—
252
30
—
235
35
—
104
35 or more
Minimum 4-foot berm
223
40
—
44
40 or more
Minimum 5-foot berm
215
45
—
209
50 or more
—
00
50 or more
Minimum 6-foot berm
0.40
53
10 or more
Minimum 6-foot solid fence*
330
20 or more
Minimum 44" picket fence*
440
25
—
362
25 or more
Minimum 4-foot wood rail fence*
385
30
—
349
35
—
208
35 or more
Minimum 4-foot berm
327
40
—
148
40 or more
Minimum 5-foot berm
310
45
—
299
50 or more
—
56
50 or more
Minimum 6-foot berm
0.50
135
15 or more
Minimum 6-foot solid fence*
564
30
—
405
30 or more
Minimum 44-inch picket fence*
492
30 or more
Minimum 4-foot wood rail fence*
499
35
—
319
35 or more
Minimum 4-foot berm
454
40
—
261
40 or more
Minimum 5-foot berm
422
45
—
405
50
—
160
50 or more
Minimum 6-foot berm
388
55
—
374
60 or more
—
0.60
221
20 or more
Minimum 6-foot solid fence*
433
35 or more
Minimum 4-foot berm
541
35 or more
Minimum 44-inch picket fence*
630
35 or more
Minimum 4-foot wood rail fence*
626
40
—
379
40 or more
Minimum 5-foot berm
570
45
—
525
50
—
270
50 or more
Minimum 6-foot berm
500
55
—
480
60 or more
—
0.80
415
30 or more
Minimum 6-foot solid fence*
655
40 or more
Minimum 4-foot berm
627
45 or more
Minimum 5-foot berm
873
45 or more
Minimum 44-inch picket fence*
910
50
—
505
50 or more
Minimum 6-foot berm
809
50 or more
Minimum 4-foot wood rail fence*
804
55
—
744
60
—
710
65
—
677
70 or more
—
1.00
636
40 or more
—
732
50 or more
—
751
50 or more
—
867
55 or more
—
1091
60 or more
—
1136
60 or more
—
1083
65
—
994
70
—
934
75
—
892
80 or more
—
*
Fences contributing to landscaping requirements are not permitted along street frontages for nonresidential uses. Where used in combination with plant materials to meet bufferyard requirements, a minimum of 50% of all plant materials shall be located on the exterior side (the side away from the center of the subject property) of the fence. A building wall which does not contain doors (except those used for emergency exit) may be used to satisfy the required fence portions of the bufferyard requirements.
NOTE: Opacity standards provided courtesy of Lane Kendig, Inc.
For the purpose of this chapter, 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 Jefferson County climate and soil factors are listed in Table 250-80 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. (See Appendix B for a very detailed listing of plant species and characteristics.[1])
Table 250-80: Classification of Plants
Botanical Name
Common Name
Climax Trees (75 landscaping points)
Acer saccharum
Sugar maple
Ginkgo biloba
Ginko
Quercus sp.
Oak: red, white, pin
Tall Deciduous Trees (30 landscaping points)
[Amended 8-13-2007 by Ord. No. 11-07]
Acer sp.
Maple: red, silver, norway
Gleditsia triancanthos
Honeylocust
Populus grandidentata
Bigtooth aspen
Tilia sp.
Linden: basswood, littleleaf, redmond
Medium Deciduous Trees (15 landscaping points)
Betula sp.
Birch: river, paper
Prunus sp.
Cherry: choke, pin
Salix sp.
Willow
Low Deciduous Trees (10 landscaping points)
Amelanchier sp.
Serviceberry
Crataegus sp.
Hawthorn: cockspur, downy, washington
Malus sp.
Crabapple sp.
Tall Evergreen Trees (40 landscaping points)
Abies concolor
White fir
Pinus sp.
Pine: red, white, scots
Tsuga canadensis
Canada hemlock
Medium Evergreen Trees (20 landscaping points)
Thuja occidentalis
American arborvitae
Low Evergreen Trees (12 landscaping points)
Juniperus sp.
Juniper: mountbatten, red cedar
Thuja sp.
Arborvitae: pyramidal, techny
Tall Deciduous Shrubs (5 landscaping points)
Cornus sp.
Dogwood: grey, pagoda
Syringa sp.
Lilac: chinese, hyacinth
Viburnum sp.
Viburnum: arrowwood, wayfaringtree, nannyberry
Medium Deciduous Shrubs (3 landscaping points)
Corylus americana
American filbert, hazelnut
Cotoneaster sp.
Cotoneaster
Forsynthia sp.
Forsythia: border, early, weeping
Rosa sp.
Rose: virginia, rugosa
Low Deciduous Shrubs (1 landscaping point)
Berberis thunbergii
Japanese barberry
Spiraea sp.
Spirea: froebel, snowmound
Tall-Medium Evergreen Shrubs (5 landscaping points)
Juniperus chinensis
Juniper: pfitzer
Taxus sp.
Yew: japanese
Low Evergreen Shrubs (3 landscaping points)
Juniperus sp.
Juniper: sargent, creeping, andorra
[1]
Editor's Note: Appendix B, Detailed Classification of Plant Species, is included at the end of this chapter.
A. 
Installation.
(1) 
Any and all landscaping and bufferyard material required by the provisions of this chapter shall be installed on the subject property, in accordance with the approved site plan (see § 250-127), within 365 days of the issuance of an occupancy permit for any building on the subject property, unless a conditional use is approved to allow for greater than 365 days.
(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 sign an agreement stating the intent to install the landscaping within the seven-hundred-thirty-day period. This agreement shall also contain a statement indicating that there are fines associated with not complying with this agreement.
(b) 
If a part of a plat of subdivision is approved per the requirements of this chapter, said amount may be split into amounts which are applicable to phases of the plat approved per the requirements of the Village of Johnson Creek Land Division Ordinance.[1]
[1]
Editor's Note: See Ch. 245, Subdivision of Land.
(c) 
Governmental units to which these bond and guarantee provisions apply may, in lieu of said 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 article.
(3) 
Existing plant material which meets the requirements of § 250-74 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 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 owner shall agree to provide a partial or full portion of the required bufferyard on an immediately adjacent portion of his land, thereby exempting the developer from providing all or a portion of the bufferyard on his property.
(d) 
In no manner shall landscaping or bufferyard materials be selected and/or located in a manner that results in the creation of a safety or visibility hazard.
(e) 
The restrictions on types of plants listed in § 250-80 and Appendix B, Detailed Classification of Plant Species, shall apply.
B. 
Maintenance. The continued and continual maintenance of all required landscaping and bufferyard materials shall be a requirement of this chapter and shall be the responsibility of the owner of the property on which said 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 chapter 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 chapter 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. Said 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 chapter are met. In no event, however, shall swimming pools, tennis courts, sports fields, golf courses, or other such active recreation use 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, unless authorized otherwise by a conditional use permit. However, the width of such areas may be counted as part of a landscaping requirement.
In calculating the number of required landscaping points under the provisions of this section, 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 section (for example 23.3 canopy trees) shall be rounded up to the nearest whole plant (24 canopy trees).
Any and all proposed landscaping on the subject property required to meet the standards of this chapter 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.[1]
[1]
Editor's Note: Former Section 250-604, Landscaping requirements for regular development, which immediately followed this section, was repealed 6-23-2008 by Ord. No. 09-08