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 buffer yards.
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 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 buffer yards. Descriptions of these areas and their associated landscape requirements are included in §§ 390-0906, 390-0907, 390-0908, and 390-0909.
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 390-0913 presents sample landscape point combination alternatives used by this chapter. Section 390-0910 provides a listing of plant species fitting into the plant categories listed in Figure 390-0910A. Section 390-0912 provides requirements for the installation and maintenance of required landscaping, and § 390-0904 describes the procedure for calculating landscaping requirements for this article.
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 mostly dependent upon a plant's typical mature height, physical characteristics, and whether it is a deciduous or evergreen species. Figure 390-0903 itemizes the number of points awarded and the minimum installation size required per plant type.
Figure 390-0903: Landscaping Points
Plant Category
Landscaping Points Per Plant
Typical Mature Height
(feet)
Minimum Permitted Installation Size
Shade tree
75
> 50
2-inch caliper
Tall deciduous tree
30
30 to 50
1 1/2-inch caliper
Medium deciduous tree
15
20 to 30
6 feet tall
Low deciduous tree
10
< 20
4 feet tall
Tall evergreen tree
40
> 30
5 feet tall
Medium evergreen tree
20
20 to 30
4 feet tall
Low evergreen tree
12
< 20
3 feet tall
Tall deciduous shrub
5
> 10
36 inches tall
Medium deciduous shrub
3
4 to 10
24 inches tall
Low deciduous shrub
1
< 4
18 inches tall
Tall/medium evergreen shrub
5
> 4
18 inches tall/wide
Low evergreen shrub
3
< 4
12 inches tall/wide
Perennial plantings
20/20 square feet
N/A
2 feet tall or 1 gallon pot (generally spaced 2 feet on center)
Rain garden or bioswale
20/20 square feet
N/A
N/A
Source: A Guide to Selecting Landscape Plants for Wisconsin, E. R. Hasselkus, UW-Extension Publication: A2865
Sample landscaping schemes that may be used for building foundations, developed lots, street frontages, paved areas, reforestation, and buffer yards are depicted in Figure 390-0904. 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 buffer yards.
Figure 390-0904: Sample Landscaping Schemes
Alternative A: Best suited for building foundations.
Example:
750 required landscaping points
Shown in Diagram:
20 medium trees
15 small shrubs
60 shrubs
390 Figure 18-0904A.tif
Alternative B: Best suited for developed lots.
Example:
1,250 required landscaping points
Shown in Diagram:
6 shade trees
8 small trees
20 medium trees
41 evergreen plantings
390 Figure 18-0904B.tif
Alternative C: Best suited for street frontages.
Example:
280 required landscaping points
Shown in Diagram:
Option 1:
2 shade trees
2 tall trees
8 small trees
Option 2:
2 shade trees
2 tall trees
4 small trees
8 evergreen shrubs
390 Figure 18-0904C.tif
Alternative D: Best suited for paved areas.
Example:
880 required landscaping points
Shown in Diagram:
Option 1:
2 shade trees
13 tall trees
68 evergreen shrubs
Option 2:
5 shade trees
6 tall trees
68 evergreen shrubs
390 Figure 18-0904D.tif
Alternative E: Best suited for reforestation.
390 Figure 18-0904E.tif
Alternative F: Best suited for buffer yards.
390 Figure 18-0904F.tif
A minimum amount of landscaping points, based upon the zoning district, is required for each of the areas listed in Subsections A through D, below. Figure 390-0905 illustrates the measurement techniques used to determine the minimum requirements.
A. 
The linear feet of building foundations.
B. 
The gross area of buildings on developed lots.
C. 
The linear feet of street frontage.
D. 
The total combined area of paved areas.
Figure 390-0905: Measurement for Landscaping Requirements
390 Figure 18-0905.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. 
Landscaping is not required for single-family (§ 390-0306A) or agricultural land uses (§ 390-0307).
B. 
Building foundations. As indicated in Figure 390-0906,[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 buffer yards. Foundation landscaping shall be installed and permanently maintained in conformity with the requirements of § 390-0912.
(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 390-0906. 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 § 390-0912.
(3) 
Shade 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 390-0906 is included as an attachment to this chapter.
C. 
Street frontages. As indicated in Figure 390-0904, street frontages on certain lots developed after the effective date of this chapter 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 § 390-0912.
(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 390-0906. The actual number of points required for such landscaping shall be computed on a prorated basis, and installed and maintained per the requirements of § 390-0912.
(3) 
Shrubs shall not be used to meet street frontage landscaping requirements. A minimum of 50% of all points shall be devoted to shade or tall trees, or a combination of such trees, and a minimum of 30% of all points shall be devoted to medium trees.
D. 
Paved areas. As indicated in Figure 390-0906, 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 390-0904 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 § 390-0912.
(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 390-0906. The actual number of points required for such landscaping shall be computed on a prorated basis, and installed and maintained per the requirements of § 390-0912.
(3) 
A minimum of 30% of all points shall be devoted to shade 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 350 square feet at all parking aisle ends, and in addition, shall provide a minimum of one landscaped island of a minimum of 350 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.
E. 
Developed lots. As indicated in Figure 390-0906, lots developed after the effective date of this chapter must contain a minimum amount of landscaping.
(1) 
Landscaping required by this subsection 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 buffer yards.
(2) 
The number of landscaping points specified in Figure 390-0906 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 390-0912.
(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).
After the effective date of this chapter, each acre of other permanently protected green space shall be planted with a minimum amount of landscaping. For every one acre of other permanently protected green space in a development, 200 landscaping points shall be provided. In addition, adequate ground cover shall be provided to stabilize the soil.
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 (see § 390-0307E). 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 buffer yards on lots developed after the effective date of this chapter. A buffer yard is a combination of distance and a visual buffer or barrier. It includes an area, together with the combination of plantings, berms, and/or 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 buffer yards. Buffer yards shall be located along (and within) the outer perimeter of a lot wherever two different zoning districts abut one another. Buffer yards shall not be required in front or street side yards
C. 
Determination of required buffer yard. The determination of buffer yard requirements is a two-staged process. First, the required level of buffer yard opacity is determined using Figure 390-0909A.[1] Opacity is a quantitatively derived measure that indicates the degree to which a particular buffer yard screens the adjoining property. The required level of opacity indicated by Figure 390-0909A is directly related to the degree to which the potential character of development differs between abutting zoning districts. The provisions of this section indicate the minimum requirements for buffer yards located along zoning district boundaries.
[1]
Editor's Note: Figure 390-0909A is included as an attachment to this chapter.
D. 
Identification of required level of opacity. Figure 390-0909A shall be used to determine the minimum level of opacity for the required buffer yard. 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 buffer yard on the subject property.
Species suitable for landscaping and compatible with local climate and soil factors are listed in Figure 390-0910A. However, this list is not intended to be exhaustive, and the Zoning Administrator shall review proposals for the applicability of species not listed and is authorized to approve appropriate similar species. See Figure 390-0910B for species appropriate for specific and common landscaping situations (e.g., planting under power lines), and Figure 390-0910C for a list of species to use sparingly or to avoid.
Figure 390-0910A: Common Appropriate Landscaping Species
Classification
Landscaping Point Value per Plant
Common Name
Scientific Name
Shade trees
75
Bald cypress
Taxodium distichum
Shade trees
75
Birch (River, Paper)
Betula spp.
Shade trees
75
Linden (Basswood, Redmont, Littleleaf)
Tilia spp.
Shade trees
75
Elms (hybrids)
Ulmus spp.
Shade trees
75
Kentucky coffeetree
Gymnocladus dioicus
Shade trees
75
Oaks
Quercus spp.
Shade trees
75
Sweet gum
Liquidambar styraciflua
Shade trees
75
Honey locust (male cultivars)
Gleditsia triacanthos var. inermis
Tall deciduous trees
30
Chanticleer pear
Pyrus calleryana 'Chanticleer'
Tall deciduous trees
30
Hackberry
Celtis occidentalis
Tall deciduous trees
30
Chinkapin oak
Quercus muehlenbergii
Tall deciduous trees
30
Gingko (male cultivars)
Gingko biloba
Tall deciduous trees
30
State Street Miyabe maple
Acer miyabei 'Morton'
Medium deciduous trees
15
Paperbark maple
Acer griseum
Medium deciduous trees
15
Serviceberry
Amelanchier
Medium deciduous trees
15
Hawthorn
Crataegus viridis
Medium deciduous trees
15
Hornbeam (Musclewood)
Carpinus caroliniana
Medium deciduous trees
15
Ironwood/Hophornbeam
Ostrya virginiana
Medium deciduous trees
15
Eastern redbud
Ostrya virginiana
Medium deciduous trees
15
Callery pear
Pyrus calleryana
Low deciduous trees
10
Hazelnut
Corylus spp.
Low deciduous trees
10
Crape myrtle
Lagerstroemia indica
Low deciduous trees
10
American hazelnut
Corylus americana
Low Deciduous Trees
10
Flowering crabapples
Malus spp.
Low deciduous trees
10
Japanese tree lilac
Syringa reticulata
Tall evergreen trees
40
Firs
Abies spp.
Tall evergreen trees
40
American holly
Ilex opaca
Tall evergreen trees
40
Serbian spruce
Picea omorika
Tall evergreen trees
40
Canadian hemlock
Tsuga canadensis
Tall evergreen trees
40
Norway spruce
Picea abies
Tall evergreen trees
40
Pine (except Austrian)
Pinus spp. (not nigra)
Tall/medium evergreen trees
30
Juniper (red cedar)
Juniperus virginiana
Tall/medium evergreen trees
30
Arborvitae
Thuja spp.
Tall/medium evergreen trees
30
Eastern hemlock
Tsuga canadensis
Low evergreen trees
12
Juniper (Mountbatten)
Juniperus chinensis 'Mountbatten'
Tall deciduous shrubs
5
Elderberry
Sambucus candensis 'Aurea'
Tall deciduous shrubs
5
Lilacs
Syringa spp.
Tall deciduous shrubs
5
Dogwood (Gray, Pagoda)
Cornus spp.
Medium deciduous shrubs
3
Weigela
Weigela spp.
Medium deciduous shrubs
3
Cotoneaster
Cotoneaster spp.
Medium deciduous shrubs
3
Forsythia (Virgina, Rugosa)
Forsythia
Medium deciduous shrubs
3
Shrub rose
Rosa spp.
Medium deciduous shrubs
3
Viburnum (Arrowwood, Warfaring Tree, Nannyberry)
Viburnum spp.
Medium deciduous shrubs
3
Potentilla
Potentilla spp.
Medium deciduous shrubs
3
Red chokeberry
Aronia arbutifolia
Medium deciduous shrubs
3
Black chokeberry
Aronia melanocarpa
Medium deciduous shrubs
3
Red osier dogwood
Cornus sericea
Medium deciduous shrubs
3
Summersweet Clethra
Clethra alnifolia
Medium deciduous shrubs
3
Ninebark
Physocarpus spp.
Low deciduous shrubs
1
Azalea
Azalea spp.
Low deciduous shrubs
1
Dwarf bush honeysuckle
Diervilla lonicera
Low deciduous shrubs
1
Gro-Low sumac
Rhus aromatica
Tall-medium evergreen shrubs
5
Juniper (Pfitzer)
Juniperus x pfitzeriana
Tall-medium evergreen shrubs
5
Yew (Japanese)
Taxus spp.
Low evergreen shrubs
2
Boxwood
Buxus spp.
Low evergreen shrubs
2
Juniper (Sergeant, Creeping, Andorra)
Juniperus spp.
Perennial plantings
20/20 sf
Coneflower
Echinacea spp.
Perennial plantings
20/20 sf
Catmint
Nepeta spp.
Perennial plantings
20/20 sf
Black-Eyed Susan
Rudbeckia hirta
Perennial plantings
20/20 sf
Lily
Lilium spp.
Perennial plantings
20/20 sf
Day lily
Hemerocallis spp.
Perennial plantings
20/20 sf
Ornamental Grass
Varies
Perennial plantings
20/20 sf
Lady's Mantel
Alchemilla spp.
Perennial plantings
20/20 sf
Columbine
Aquilegia spp.
Perennial plantings
20/20 sf
Aster
Aster spp.
Perennial plantings
20/20 sf
Jack Frost
Brunnera macrophylla
Perennial plantings
20/20 sf
Blazing Star
Liatris spp.
Perennial plantings
20/20 sf
Black Bugbane
Cimicifuga simplex 'Brunette'
Perennial plantings
20/20 sf
Peony
Paeonia spp.
Perennial plantings
20/20 sf
Pachysandra
Pachysandra spp.
Perennial plantings
20/20 sf
Stonecrops
Sedum spp.
Perennial plantings
20/20 sf
Astilbe
Astilbe spp.
Perennial plantings
20/20 sf
Hosta
Hosta spp.
Figure 390-0910B: Plant Species Appropriate for Specific Situations
Use/Situation
Classification
Common Name
Scientific Name
Appropriate for planting under power lines
Low deciduous tree
Flowering crabapple
Malus spp.
Low deciduous tree
Japanese tree lilac
Syringa reticulata
Appropriate for screening
Tall evergreen tree
Firs
Abies spp.
Tall evergreen tree
Juniper (Red Cedar)
Juniperus virginiana
Tall evergreen trees
Spruces
Picea spp.
Tall evergreen trees
Pines
Pinus spp.
Tall evergreen tree
Douglas fir
Pseudotsuga menziesii var. glauca
Tall evergreen tree
Eastern hemlock
Tsuga canadensis
Medium evergreen tree
Arborvitae
Thuja occidentalis
Salt tolerant
Shade tree/tall deciduous tree/medium deciduous tree (varies by species)
Maple
Acer spp
Shade tree
Sweet gum
Liquidambar styraciflua
Low deciduous tree
Flowering crabapples
Malus spp.
Low deciduous tree
Crape myrtle
Lagerstroemia indica
Tall deciduous shrub
Dogwood (gray, pagoda)
Cornus spp.
Medium deciduous shrub
Forsythia (virginia, rugosa)
Forsythia spp.
Low deciduous shrub
Azalea
Azalea spp.
Tall evergreen tree
American holly
Ilex opaca
Tall/medium evergreen shrub
Yew (Japanese)
Taxus spp.
Low evergreen shrub
Boxwood
Buxus spp
Figure 390-0910C: Species to Use Sparingly1 or to Avoid2
Classification
Common Name
Scientific Name
Avoid or Use Sparingly?
Reason
Potential Alternatives
Shade tree
Nonresistant elms
Ulmus spp.
Avoid
Dutch Elm Disease
Disease-resistant elm cultivars: 'Princeton,' 'Valley Forge,' and 'New Harmony'
Shade tree
Boxelder
Acer negundo
Avoid
Spread quickly
Shade tree
Freeman maple
Acer x freemanii
Use sparingly
Over-planted
Shade tree
Norway maples
Acer platanoides
Use sparingly
Over-planed, dense
Shade tree
Red maples
Acer rubrum
Use sparingly
Prefer acidic soil
Littleaf linden Tilia cordata (urban tolerant)
Shade tree
Sugar maples
Acer saccharum
Use sparingly
Thrives only in certain conditions; picky
Kentucky Coffeetree
Shade tree
Silver maples
Acer saccharinum
Avoid
Weak-wooded, invasive tendencies
Gymnocaldus dioicus
River birch Betula nigra
Oaks Quercus spp.
Tall deciduous tree
Autumn Blaze maple
Acer truncatum
Use sparingly
Over-planted
Ginkgo (Ginkgo biloba)
Hackberry (Celtis occidentalis)
Chanticleer pear (Pyrus calleryana 'Chanticleer')
Tall deciduous tree
Ash trees
Fraxinus spp.
Avoid
Emerald ash borer
Tall deciduous tree
Bradford pears
Pyrus calleryana 'Bradford'
Use sparingly
Poorly branches, tend to break
Tall deciduous tree
Black locust
Robinia pseudoacacia
Avoid
Invasive
Medium deciduous tree
White mulberry
Morus alba
Avoid
Invasive nonnative
Serviceberry Amelanchier spp.
American Hornbeam or Musclewood Carpinus aroliniana
Eastern Redbud Cercis canadensis
Low deciduous tree
Purple Sandcherry
Prunus x cistena
Use sparingly
Short-lived
Flowering Crabapple Malus spp.
American hazelnut Corylus americana
Japanese Tree Lilac Syringa reticulata
Tall deciduous shrub
Buckthorns
Rhamnus cathartica
Avoid
Invasive, non-native
Grey Dogwood Cornus mas
Tall deciduous shrub
Autumn-olive
Elaeagnus umbellata
Avoid
Invasive, non-native
Lilacs Syringa spp.
Tall deciduous shrub
Multiflora rose
Rosa multiflora
Avoid
Invasive, non-native
Medium deciduous shrub
Japanese spirea
Spiraea japonica
Avoid
Invasive (reseed)
Red chokeberry Aronia arbutifolia
Black chokeberry Aronia melanocarpa
Redosier dogwood Cornus sericea
Summersweet Clethra Clethra alnifolia
Viburnums Viburnum spp.
Medium deciduous shrub
Burning bush
Euonymus alatus
Avoid
Invasive non-native
Medium deciduous shrub
Honeysuckle
Lonicera spp.
Avoid
Invasive, non-native
Low deciduous shrub
Japanese barberry
Berberis thunbergii
Avoid
Invasive; over-planted
Dwarf bush honeysuckle Diervilla lonicera
Tall evergreen tree
Austrian pine
Pinus nigra
Use sparingly
Over-planted
Norway spruce Picea abies
Tall evergreen tree
Blue spruce
Picea pungens
Use sparingly
Over-planted
Canadian hemlock
Tall evergreen tree
White pine
Pinus strobus
Use sparingly
Over-planted
Tsuja canadensis
Scotch pine Pinus sylvestris
Tall evergreen tree
White spruce
Picea glauca
Use Sparingly
Over-planted
American arborvitae Thuja occidentalis
NOTES:
1
Species to use sparingly may be used as part of an overall landscaping plan, but only if the number of individual plants does not constitute more than one plant per 20 total plants within the same plant classification. For example, if a landscaping plan includes a total of 20 tall deciduous trees, no more than one of those 20 trees may be classified as a "Species to Use Sparingly." The purpose of this provision is to encourage plant species diversity throughout the Village.
2
Species to avoid may not be included as part of any landscaping plan that is subject to Village review per § 390-0902B. The purpose of this provision is to limit the planting of species that are invasive, have invasive tendencies, or that may perpetuate or spread disease.
A. 
Rain gardens and bioswales can serve both as landscaping and stormwater management features on a building site, where appropriately designed and sited.
B. 
A rain garden is a shallow, depressed garden that is designed and positioned on a site to capture stormwater runoff and allow for the infiltration of water back into the ground. Rain garden plants are carefully chosen for their ability to withstand moisture extremes and potentially high concentrations of nutrients and sediments that are often found in stormwater runoff. A well designed and maintained rain garden serves as an attractive component of an overall landscaping plan for a development site.
C. 
A bioswale is a linear, vegetative stormwater runoff conveyance system that is designed to store and infiltrate water from small storm events back into the ground and direct water from heavy rain events to appropriate storm sewer inlets or other management facilities. The flow of water being conveyed through a bioswale is slowed down, allowing for municipal storm systems to more effectively manage heavier rain events and help reduce the risk of flooding on or off-site. Water being infiltrated or conveyed via a bioswale is also filtered by the vegetation within it, generally improving both ground and surface water quality.
D. 
The installation of a rain garden or bioswale may contribute to the overall stormwater management plan for a development site and count toward meeting the Village's landscaping guidelines in the same manner indicated in Figure 390-0903 above (20 points for every 20 square feet), provided the following requirements are met:
(1) 
Detailed plans shall be provided that show all proposed dimensions of the rain garden or bioswale including length, width, depth, and slope of depression; location of the rain garden or bioswale on the lot relative to hard-surfaced areas, downspouts, and site topography; characteristics of the soil underlying the rain garden or bioswale; description of planting media; the species, number, and size at time of installation of all vegetation proposed for the rain garden or bioswale; and information on any other materials (e.g., rocks) that will be used to line the rain garden or bioswale.
(2) 
Installation shall not be proposed for any of the following areas of a site:
(a) 
Areas where there is known soil contamination unless the rain garden or bioswale is proposed to be constructed with an underdrain;
(b) 
Areas where the characteristics of the soil would not allow for the proper infiltration of water into the ground; or
(c) 
Areas where there are expected to be high levels of foot traffic.
(3) 
The owner of the site shall demonstrate that the rain garden or bioswale shall be properly maintained; kept free of trash, weeds, debris, and dead or dying plants; any pipes associated with the rain garden or bioswale will be inspected on an annual basis and kept free of debris; and by the beginning of every spring, dead plant materials will be cut back or removed.
(4) 
Bioswales and rain gardens shall be generously (and appropriately) vegetated to qualify for landscaping points. Bioswales and rain gardens (or portions thereof) that are lined with turf and/or rocks but do not include other vegetation will not count toward meeting landscaping point requirements.
(5) 
Rain gardens and bioswales may serve as a component of an overall stormwater management plan for a site only if detailed plans, calculations, and specifications meeting Chapter 178, Article II, Stormwater Management, of the Village Code are submitted. Detailed plans shall include the location and description of all other stormwater management facilities serving the site, particularly those to which any bioswale will be directed.
A. 
Installation. Any and all landscaping and buffer yard material required by the provisions of this chapter shall be installed on the subject property, in accordance with the approved site plan (see § 390-1206) 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. 
Surety.
(1) 
If the subject property is to be occupied prior to the installation of all required landscaping and buffer yard material, the property owner shall sign an instrument agreeing to install the landscaping within the 365-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 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.
(2) 
If the required landscaping and buffer yard 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 buffer yard work performed during a particular phase, unless the land division requires otherwise.
(3) 
Governmental units to which these 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 chapter.
C. 
If existing plant material located on the subject property meets the requirements of this chapter and will be preserved on the subject property following the completion of development, it may be counted toward contributing to the landscaping requirements.
D. 
All landscaping and buffer yard 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 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 buffer yard, 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 buffer yard, thereby relieving the developer of the responsibility of providing the entire buffer yard on his property.
(4) 
Under no circumstance shall landscaping or buffer yard 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 chapter shall apply.
F. 
Maintenance. The continual maintenance of all required landscaping and buffer yard 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 buffer yard 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.
G. 
Use of required buffer yard and landscaped areas. Any and all required buffer yards 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 buffer yard, 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 may be placed. No parking and no outdoor display or storage of materials shall be permitted in buffer yard or landscaped areas. Paving in such areas shall be limited to that required for necessary access to, through, or across the subject property.
H. 
Utility easements. Landscaping materials, fences, and berms located within a duly recorded utility or a pedestrian easement shall not count toward meeting a landscaping or buffer yard requirement, unless authorized otherwise by a conditional use permit. However, the width of such areas may be counted as part of a buffer yard 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 shade trees) shall be rounded up to the nearest whole plant (24 shade 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.