The purpose of this article is to establish landscaping requirements and other regulations intended to preserve and maintain vegetation in a manner that promotes the natural resource protection, aesthetic, and public health goals of the Village of East Troy. Any nonconforming situation (lot, use, structure and/or site) shall adhere to the provisions of Article IX.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
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.
B. 
Each section of this article is oriented to a specific category of required landscaping. The landscaping requirements described in this article 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.
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. Sections 510-114 and 510-115 present sample landscape point combination alternatives used by this chapter.
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. Points are awarded based on plant type, which is dependent upon its typical growth rate, its mature height, and whether it is a deciduous or evergreen species. Figure 510-114 itemizes the number of points awarded per plant type and the minimum installation size required for each of these plant categories.
Figure 510-114: Landscaping Points
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.
A. 
Sample landscaping schemes that may be used for building foundations, developed lots, street frontages, paved areas, reforestation, and bufferyards are depicted in Figure 510-115A. 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.
Figure 510-115A: Sample Landscaping Schemes
Alternative A: Best suited for building foundations.
750 landscaping points:
20 medium trees
15 small shrubs
60 shrubs
 510 Alt A Landscape Schemes.tif
Alternative B: Best suited for developed lots.
1,250 landscaping points:
6 climax trees
8 small trees
20 medium trees
41 evergreen plantings
 510 Alt B Developed Lots.tif
Alternative C: Best suited for street frontages.
Option 1.
280 landscaping points:
2 climax trees
2 tall trees
2 small trees
Option 2.
280 landscaping points:
2 climax trees
2 tall trees
4 small trees
8 evergreen shrubs
 510 Alt C Street Frontages.tif
Alternative D: Best suited for paved areas.
Option 1.
880 landscaping points:
2 climax trees
13 tall trees
68 evergreen shrubs
Option 2.
880 landscaping points:
5 climax trees
6 tall trees
68 evergreen shrubs
 510 Alt D Paved Areas.tif
Alternative E: Best suited for reforestation.
510 Alt E Reforestation.tif
Alternative F: Best suited for bufferyards.
510 Alt F Bufferyards.tif
B. 
A minimum amount of landscaping points, based upon the zoning district, is required for the linear feet of building foundations; the gross area of buildings on developed lots; the linear feet of street frontage; and the total combined area of paved areas. Figure 510-115B illustrates the measurement techniques used to determine these requirements.
Figure 510-115B: Measurement for Landscaping Requirements
510 Measurement Landscap Req.tif
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)
A. 
Building foundations. As indicated in Figure 510-116,[1] certain buildings or building additions constructed after the effective date of this chapter are required to be accented by a minimum amount of landscaping placed near the building foundation.
(1) 
Foundation landscaping 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. Foundation landscaping shall be installed and permanently maintained in conformity with the requirements of §§ 510-121 and 510-122.
(2) 
For each 100 feet of building foundation perimeter, the landscaping installed shall at a minimum meet the number of landscaping points specified in Figure 510-116. The actual number of points required for such landscaping shall be computed on a prorated basis and installed and permanently maintained per the requirements of §§ 510-121 and 510-122.
(3) 
Climax trees and tall trees shall not be used to meet the foundation landscaping 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) 
If 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 a point requirement not met by the initial planting, then the requirement shall be met within five years after the issuance of the building permit or within such larger time period as established in writing by the Plan Commission.
[1]
Editor's Note: Figure 510-116 is included as an attachment to this chapter.
B. 
Street frontages. As indicated in Figure 510-116, street frontages on certain lots developed after the effective date of this chapter must contain a minimum amount of landscaping in those areas abutting the right-of-way of a public street.
(1) 
All landscaping used to meet street frontage requirements shall be located within 10 feet of the public right-of-way. Under no circumstances shall such landscaping be located within a public right-of-way. Landscaping shall not impede vehicle or pedestrian visibility and shall be installed and permanently maintained in conformity with the requirements of §§ 510-121 and 510-122.
(2) 
For every 100 linear feet of street frontage of a developed lot abutting a public street right-of-way, the landscape installed shall at a minimum meet the number of landscaping points specified in Figure 510-116. The actual number of points required for such landscaping shall be computed on a prorated basis and installed and maintained per the requirements of §§ 510-121 and 510-122.
(3) 
Shrubs shall not be used to meet street frontage landscaping requirements. A minimum of 50% of all points shall be devoted to climax or tall trees, or a combination of such trees, and a minimum of 30% of all points shall be devoted to medium trees.
C. 
Paved areas. As indicated in Figure 510-116, paved areas on certain lots developed after the effective date of this chapter must contain a minimum amount of landscaping 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 paved area landscaping points. Said area does not have to be provided in one contiguous area. Sample configurations are depicted in Figure 510-115A above. Plants used to fulfill this requirement shall visually screen parking, loading and circulation areas from view from public streets. Paved area landscaping shall be installed and permanently maintained in conformity with the requirements of §§ 510-121 and 510-122.
(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 landscaping installed shall at a minimum meet the number of landscaping points specified in Figure 510-116. The actual number of points required for such landscaping shall be computed on a prorated basis and installed and maintained per the requirements of §§ 510-121 and 510-122.
(3) 
A minimum of 30% of all points shall be devoted to climax or tall trees, or a combination of such trees, and a minimum of 40% of all points shall be devoted to shrubs.
(4) 
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 aisle 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. As indicated in Figure 510-116, lots developed after the effective date of this chapter must 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.
(2) 
The number of landscaping points specified in Figure 510-116 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 §§ 510-121 and 510-122.
(3) 
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).
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. For every one acre of other permanently protected green space in a development, 200 landscaping points (as described in § 510-114) shall be provided. In addition, adequate ground cover shall be provided to stabilize the soil.
This section requires that each area requiring reforestation be reforested and maintained in a manner appropriate to site conditions. 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 that woodlands provide. A detailed reforestation plan shall be submitted by the property owner and approved by the Village prior to clear-cutting (see § 510-40E). 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.
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, signs, and incompatible land uses, buildings, or parking areas.
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 opacity. The required level of bufferyard opacity is determined using Figure 510-119A.[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 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 opacity requirements for bufferyards located along zoning district boundaries.
[1]
Editor's Note: Figure 510-119A is included as an attachment to this chapter.
D. 
Identification of detailed bufferyard requirements. 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 Figure 510-119A. For each level of opacity listed in Figure 510-119A, a wide variety of width, landscaping point, berm, and structure combinations are possible. These are listed in Figure 510-119B.[2] The requirements listed in Figure 510-119B 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 510-115 describes the various available landscaping point alternatives. Section 510-120 provides a listing of tree and shrub species which correspond to the landscaping point descriptions.
[2]
Editor's Note: Figure 510-119B is included as an attachment to this chapter.
E. 
Waiver. Upon petition, the Plan Commission may waive the bufferyard requirements in this section, in whole or in part, when the Commission believes the required bufferyard will not provide the desired screening because the adjoining properties are at significantly different elevations. A decision of the Commission to grant a waiver must specifically state the reason(s) for the decision.
[Added 11-15-2021 by Ord. No. 2021-12]
For the purpose of this chapter, plant materials are classified into the following 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 local climate and soil factors are listed in Figure 510-120. 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.
Figure 510-120: Classification of Plants
Classification
No. of Landscaping Points
Common Name
Climax trees
75
Sugar Maple
Climax trees
75
Gingko
Climax trees
75
Oak (Red, Pin, White)
Tall deciduous trees
30
Map (Red, Silver)
Tall deciduous trees
30
Honey Locust
Tall deciduous trees
30
Big Tooth Aspen
Tall deciduous trees
30
Linden (Basswood, Redmond, Little Leaf)
Medium deciduous trees
15
Birch (River, Paper)
Medium deciduous trees
15
Cherry (Choke, Pin)
Medium deciduous trees
15
Willow
Low evergreen trees
12
Juniper (Mountbatten, Red Cedar)
Low evergreen trees
12
Arborvitae
Tall deciduous shrubs
5
Dogwood (Gray, Pagoda)
Tall deciduous shrubs
5
Lilac (Chinese, Hyacinth)
Tall deciduous shrubs
5
Vibumum (Arrowwood, Warfaring Tree, Nannyberry)
Medium deciduous shrubs
3
American Filbert (Hazelnut)
Medium deciduous shrubs
3
Cotoneaster
Medium deciduous shrubs
3
Forsythia (Virgina, Rugosa)
Low deciduous trees
10
Serviceberry
Low deciduous trees
10
Hawthorn (Cockspur, Downy, Washington)
Low deciduous trees
10
Crabapple
Tall evergreen trees
40
White Fir
Tall evergreen trees
40
Pine (Red, White, Scots)
Tall evergreen trees
40
Canada Hemlock
Medium evergreen trees
20
American Arborvitae
Low deciduous shrubs
1
Japanese Barberry
Low deciduous shrubs
1
Spirea (Froebel, Snowmound)
Tall-medium evergreen shrubs
5
Juniper (Pfitzer)
Tall-medium evergreen shrubs
5
Yew (Japanese)
Low evergreen shrubs
2
Juniper (Sargent, Creeping, Andorra)
A. 
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 § 510-160), 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.
B. 
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 instrument agreeing to install the landscaping within the three-hundred-sixty-five-day period and shall furnish to the Village an irrevocable letter of credit or other form of security acceptable to the Village sufficient to guarantee completion of the work. Such security shall be provided by the property owner at the time that the agreement is signed. It shall be in an amount equal to 110% of the estimated actual cost for all of the required elements of the approved site plan and shall specifically guarantee that all such elements shall be made and installed according to the approved site plan. The costs of the work shall be furnished by the property owner and shall be verified by the Village. The financial security shall remain in force until all of the work has been completed and approved by the Village. This agreement shall also contain a statement indicating that the property owner's failure to comply with the requirements of the terms of the agreement will constitute a violation of this chapter and subject the property owner to a forfeiture upon conviction. If the required landscaping and bufferyard materials are to be installed during different phases of a subdivision development, the developer may furnish for each phase financial security in an amount sufficient to guarantee completion of the landscaping and bufferyard work performed during a particular phase, unless Chapter 495, Subdivision of Land, of the Village Code requires otherwise. If the property owner is a governmental unit, it may, in lieu of signing an agreement and furnishing a guarantee, file a resolution or letter from officers authorized to act in its behalf agreeing to comply with the provisions of this article.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
If existing plant material meets the requirements of this article and will be preserved on the subject property following the completion of development, it may be counted as contributing to the landscaping requirements.
D. 
All landscaping and bufferyard areas shall be seeded with lawn or native ground cover unless such vegetation is already fully established.
E. 
The exact placement of plants and structures shall be depicted on the required detailed landscaping plan submitted to the Village for its approval. Such plant and structure location shall be the decision of each property owner, provided that the following requirements are met:
(1) 
Evergreen shrubs shall be planted in clusters to maximize their chance for survival.
(2) 
Where a combination of plant materials, berming, and 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.
(3) 
A property owner may establish through a written agreement, recorded with the Register of Deeds, that an adjacent property owner agrees to provide on the immediately adjacent portion of his or her land a partial or full portion of the required bufferyard, thereby relieving the developer of the responsibility of providing the entire bufferyard on his property.
(4) 
Under no circumstance shall landscaping or bufferyard materials be selected or located in a manner resulting in the creation of a safety or visibility hazard.
(5) 
The restrictions on types of plants listed in this article shall apply.
The 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 and plants are required. This requirement shall run with the property and shall be binding upon all future property owners. Development of any or 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. If the property owner fails 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. A property owner's failure to comply with this requirement shall also be considered a violation of this chapter and shall be subject to any and all applicable enforcement procedures and penalties.
A. 
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. However, in such areas, no swimming pools, tennis courts, sports fields, golf courses, or other such similar active recreational uses shall be permitted. No parking and no outdoor display or storage of materials shall be permitted. Paving in such areas shall be limited to that required for necessary access to, through, or across the subject property.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Utility easements. Landscaping materials, fences and berms located within a duly recorded utility 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 article, 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 makeup on the site plan required for the development of the subject property.