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 Waterford. Any nonconforming situation (lot, use, structure and/or site) shall adhere to the provisions of § 245-10 or the instructions of the Zoning Administrator.
A.
This article contains the standards that 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 and two-family residential, 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.
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.
Plants. 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 245-121 itemizes the number
of points awarded per plant type and the minimum installation size
required for each of these plant categories.
B.
Fences and berms. Points are awarded based on the type and height
of fence, and the height of a berm.
(1)
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 must be located on the exterior side (the
side away from the center of the subject property) of the fence. A
building wall that does not contain doors (except those used for emergency
exit) may be used to satisfy the required fence portions of the bufferyard
requirements.
(2)
Berms. Earthen berms shall be designed to transition to existing
surrounding grades, not to exceed a slope ratio of 2:1, and shall
be covered with plant material or ground cover or partially rip-rapped
to prevent erosion. Berms with vegetative cover shall be designed
to retain irrigation water rather than encourage runoff. All earthen
berms shall be safely designed in order to accommodate mowing when
needed. Sloes steeper than 2:1 may be allowed with the approval of
the Plan Commission.
|
Figure 245-121: 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
|
|
Structure Category
|
Landscaping Points Per Structure
|
Installation Size
|
|---|---|---|
|
Fence, picket or split rail
|
35
|
44 to 48" tall
|
|
Fence, solid
|
65
|
44 to 48" tall
|
|
Fence, solid
|
85
|
6' tall
|
|
Fence, solid
|
105
|
8' tall
|
|
Berm
|
115
|
4' tall
|
|
Berm
|
135
|
5' tall
|
|
Berm
|
155
|
6' tall
|
A.
Sample landscaping schemes that may be used for building foundations,
developed lots, street frontages, paved areas, reforestation, and
bufferyards are depicted in Figure 245-122A. 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 245-122A: Sample Landscaping Schemes
|
|
Alternative A: Best suited for building foundations.
750 landscaping points:
20 medium trees
15 small shrubs
60 shrubs
 |
|
Alternative B: Best suited for developed lots.
1,250 landscaping points:
6 climax trees
8 small trees
20 medium trees
41 evergreen plantings
 |
|
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
|
 | |
|
Alternative D: Best suited for paved areas.
| |
|
Option 1.68
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
|
 | |
|
Alternative E: Best suited for reforestation.
 |
|
Alternative F: Best suited for bufferyards.
 |
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 245-122B illustrates
the measurement techniques used to determine these requirements.
|
Figure 245-122B: Measurement for Landscaping Requirements
 |
|
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 245-123, 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 §§ 245-128 and 245-129.
(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 245-123. 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 §§ 245-128 and 245-129.
(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.
B.
Street frontages. As indicated in Figure 245-123, street frontages on certain lots developed after the effective date of this article must contain a minimum amount of landscaping in those areas abutting the right-of-way of a public street, but also in accordance with the vision clearance triangle requirements set forth in § 245-13H.
(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 §§ 245-128 and 245-129.
(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 245-123. The actual number of points required for such landscaping shall be computed on a prorated basis and installed and maintained per the requirements of §§ 245-128 and 245-129.
(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 245-123, 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, but also in accordance with the vision clearance triangle provisions of § 245-13H.
(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 245-122A 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 §§ 245-128 and 245-129.
(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 245-123. The actual number of points required for such landscaping shall be computed on a prorated basis and installed and maintained per the requirements of §§ 245-128 and 245-129.
(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. The Plan
Commission may grant exceptions to this provision during site plan
review.
D.
Developed lots. As indicated in Figure 245-123, lots developed after
the effective date of this article 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.
(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).
|
Figure 235-123 Landscaping Requirements for Regular Development
| |||||
|---|---|---|---|---|---|
|
Landscaping 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 from climax or
tall trees and 30% from medium trees
|
A minimum of 30% of points climax/tall trees and 40% from shrubs
|
All plant categories can be used for this requirement
| |
|
Placement of Landscaping
|
Located so that at maturity the plant's drip line 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 paved area
|
Located away from areas that meet other landscaping requirements
| |
|
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 paved area
|
Points per 1,000 square feet of total building footprints
| |
|
Zoning Districts
| |||||
|
Two-family Residential
|
45
|
45
|
90
|
20
| |
|
Multiple-family Residential
|
60
|
60
|
100
|
30
| |
|
Business and Commercial
|
40
|
40
|
80
|
20
| |
|
Business and Industrial
|
20
|
20
|
40
|
5
| |
|
Municipal
|
30
|
30
|
20
|
20
| |
|
Institutional
|
30
|
30
|
20
|
20
| |
|
Downtown District
|
0
|
0
|
20
|
20
| |
|
Note: Landscaping is not required for single-family residential
|
This section requires that each acre of other permanently protected green space after the effective date of this article 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 § 245-121) shall be provided. In addition, adequate ground cover shall be provided to stabilize the soil.
A.
Clear-cutting. Clear-cutting includes the one-time, continuing, or
cumulative clearing, cutting, harvesting, or other destruction of
trees in an area (or combined areas) of more than 30% of the woodlands
on a property (or up to 100% for developments approved prior to the
effective date of this article). Clear-cutting shall adhere to the
following listed regulations:
(1)
Clear-cutting is permitted only as a conditional use. Any owner
of property who intentionally clear-cuts any area of his or her property
or who intentionally solicits or causes another to intentionally clear-cut
any area of his or her property without first having secured a conditional
use permit for such activity shall be subject to a forfeiture for
such wrongful conduct and shall be required to implement mitigation
standards required for the destruction of woodlands solely at his/her
expense, including costs associated with site inspection to confirm
the satisfaction of mitigation requirements. Areas having been clear-cut
unintentionally as a result of fire shall not subject the owner of
the property to forfeiture for such nonapproved clear-cutting activity
but shall require the satisfaction of mitigation requirements at the
owner's expense, including costs associated with site inspection to
confirm the satisfaction of mitigation requirements.
(2)
The applicant shall demonstrate that clear-cutting will improve
the level of environmental protection on the subject property.
(3)
Areas of the subject property that are clear-cut beyond the limitations established above shall be replanted per the requirements of Subsection B, i.e., 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.
(4)
Clear-cutting shall not be permitted within a required bufferyard
or landscaped area or within an area designated as permanently protected
green space.
B.
Each area requiring reforestation shall 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. 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, except when the Downtown District
abuts a Business and Commercial District. Bufferyards shall not be
required in front yards.
C.
Determination of required bufferyard opacity. The required level
of bufferyard opacity is determined using Figure 245-126A. Opacity
is a quantitatively derived measure that 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.
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 245-126A. For each level of opacity listed in Figure 245-126A, a wide variety of width, landscaping point, berm, and structure combinations are possible. These are listed in Figure 245-126B. The requirements listed in Figure 245-126B pertain to the number of landscaping points and the minimum bufferyard width 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 245-122 describes the various available landscaping point alternatives. The Plan Commission may allow a variance from these requirements during the site plan review process.
|
Figure 245-126A: Required Bufferyard Opacity Values
| ||||||||
|---|---|---|---|---|---|---|---|---|
|
Apply the required opacity value from this chart to Figure 245-126B
and select the most appropriate bufferyard option. Note that certain
land uses and conditional uses may have more stringent bufferyard
requirements.
| ||||||||
|
R-1
|
R-2
|
R-3
|
B-2
|
B-1
|
MC
|
INST
|
B-3
| |
|
Single Family (R-1)
|
0
| |||||||
|
Two Family (R-2)
|
0
|
0
| ||||||
|
Multiple Family (R-3)
|
0.4
|
0.3
|
0
| |||||
|
Business and Commercial (B-2)
|
0.6
|
0.5
|
0.4
|
0
| ||||
|
Business and Industrial (B-1)
|
0.8
|
0.6
|
0.6
|
0.6
|
0
| |||
|
Downtown District (B-3)
| ||||||||
|
Muni Campus (MC)
|
0.4
|
0.4
|
0.2
|
0
|
0
|
0
| ||
|
Institutional (INST)
|
0.4
|
0.4
|
0.2
|
0
|
0
|
0
|
0
| |
|
Figure 245-126B: Detailed Bufferyard Requirements
| |||
|---|---|---|---|
|
Opacity
|
Width of bufferyard
(feet)
|
Minimum Number of Landscaping Points Per 100 Feet
|
Structure Required (if none listed, structure
is optional)
|
|
0.05
|
10 to 20
|
35
| |
|
+20 to 30
|
30
| ||
|
0.10
|
10 to 20
|
85
| |
|
+20 to 35
|
65
| ||
|
35+
|
60
| ||
|
0.20
|
10 to 25
|
180
| |
|
+25 to 35
|
150
| ||
|
+35
|
135
| ||
|
0.30
|
10 to 25
|
250
| |
|
+25 to 40
|
220
| ||
|
+35 to 45
|
165
| ||
|
45+
|
135
| ||
|
0.40
|
10 to 25
|
440
| |
|
+25 to 35
|
385
| ||
|
+35 to 45
|
320
| ||
|
45+
|
290
| ||
|
0.50
|
15 to 25
|
565
| |
|
+25 to 35
|
480
| ||
|
+35 to 45
|
410
| ||
|
+45 to 60
|
365
| ||
|
60+
|
320
| ||
|
0.60
|
20 to 35
|
630
| |
|
+35 to 45
|
570
| ||
|
+45 to 60
|
515
| ||
|
60+
|
480
| ||
|
0.80
|
30 to 45
|
910
| |
|
+45 to 60
|
820
| ||
|
+60 to 70
|
710
| ||
|
70+
|
680
| ||
|
1.00
|
40 to 50
|
1,100
|
Minimum 8-foot solid fence required in addition to points listed
|
|
+50 to 60
|
950
|
Minimum 8-foot solid fence required in addition to points listed
| |
|
+60 to 70
|
850
|
Minimum 8-foot solid fence required in addition to points listed
| |
|
+70 to 80
|
750
|
Minimum 8-foot solid fence required in addition to points listed
| |
|
80+
|
640
|
Minimum 8-foot solid fence required in addition to points listed
| |
For the purpose of this chapter, plant materials are classified into the groupings set forth in § 245-121. Species suitable for landscaping use and compatible with local climate and soil factors should be chosen using appropriate source materials, such as "A Guide to Selecting Landscape Plants for Wisconsin," E. R. Hasselkus, UW-Extension Publication: A2865. The Zoning Administrator shall review proposals for the viability of the species chosen, and may reject species that are incompatible with the local climate.
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 § 245-56.6), within 365 days of the issuance of a certificate of zoning compliance 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 235, 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.
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 or sodded 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 article
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 or bike 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.
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.
