[Ord. No. 19-2020, 6-8-2020]
The landscape and screening regulations of this division establish minimum requirements for landscaping and screening. The regulations are intended to advance the general purposes of this zoning chapter and to help:
(a) 
Maintain and enhance the Village's appearance;
(b) 
Mitigate possible adverse impacts of higher-intensity land uses abutting lower-intensity land uses;
(c) 
Reduce the impacts of noise and glare;
(d) 
Maintain and improve air quality;
(e) 
Protect surface water quality and reduce the negative impacts of stormwater runoff by providing vegetated areas that filter and absorb stormwater;
(f) 
Moderate heat by providing shade; and
(g) 
Encourage preservation and replacement of existing trees and vegetation.
[Ord. No. 19-2020, 6-8-2020]
(a) 
The landscape and screening regulations of this division apply to lots occupied by multi-unit residential, mixed-use and nonresidential buildings in all zoning districts when:
(1) 
Any new building or vehicular use area is established. When a new principal building is added to a lot, and the new building occupies 10% of more of the lot area, the entire lot must be brought into compliance with the requirements of this division;
(2) 
The area of any existing vehicular use area is expanded and the total resulting vehicular use area after expansion includes more than six parking spaces or more than 2,500 square feet of paved area;
(3) 
An existing or portion of an existing vehicular use area containing more than 12 parking spaces or more than 5,000 square feet of paved area is repaved or reconstructed in any of the following ways:
a. 
Removing the top layer of asphalt and replacing with new asphalt;
b. 
Applying a surface course of new asphalt on top of existing asphalt; or
c. 
Pulverizing and stabilizing existing asphalt; or
(4) 
A use, activity, or feature requiring screening changes, or an additional use, activity, or feature requiring screening is added, in which case the entire site on which that use, activity, or feature is located must be brought into compliance with the landscape and screening regulations of this division.
(b) 
The following are expressly exempt from compliance with the landscape and screening regulations of this division:
(1) 
Agricultural uses;
(2) 
Single-household and two-household uses;
(3) 
Public parks, open spaces, or natural resource areas;
(4) 
Reconstruction of any building that is damaged or destroyed by fire, natural disaster or other means beyond the reasonable control of the property owner; and
(5) 
Any other uses, site features or activities that are expressly exempted under this zoning chapter.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Purpose. A "vehicular use area" is an outdoor area on a lot that is used for storage and operation of motor vehicles, including parking lots, vehicle storage areas, vehicle display areas, loading areas, driveways, and drive-through lanes. The vehicular use area screening regulations of this section are intended to help mitigate the visual and operational impacts of vehicular use areas located near streets or residential zoning districts.
(b) 
Street frontage screening requirements.
(1) 
When required. The street frontage screening requirements of this section apply to vehicular use areas located within 50 feet of any (non-alley) street right-of-way. The requirements do not apply if there are buildings or other site features that effectively block views of the vehicular use area from the right-of-way.
(2) 
Options. Screening must be installed and maintained between the vehicular use area and the street by one of the options described in Table 90-430-1 or by a combination of those options.
Table 90-430-1
Street Frontage Screening Options (Vehicular Use Areas)
Regulation
Option A
Option B
Option C
Minimum width of landscaped area (feet)
10
5
None
Type and minimum number of plants required in landscaped area
4 low shrubs or 8 perennials/ornamental grasses per 10 linear feet
4 low shrubs or 8 perennials/ornamental grasses per 20 linear feet
None
Minimum number of canopy trees required
1 per 25 linear feet
1 per 25 linear feet
1 per 50 linear feet
Fence/wall required
None
Ornamental metal fence
Masonry wall
Minimum fence/wall height (feet)
None
3
3
Fence/wall opacity
Above 4 feet must be at least 50% open
Above 4 feet must be at least 50% open
3 feet and lower must be at least 50% opaque; above 3 feet must be at least 50% open
Figure 90-430-1
Street Frontage Screening Options (Vehicular Use Areas)
(3) 
Existing vehicular use areas. When street frontage screening requirements are triggered by repaving or reconstruction, a change in the use being screened or a substantial improvement to an existing building, the following exceptions apply:
a. 
The minimum width of the landscaped area in Table 90-430-1 may be reduced by up to 50% if necessary to maintain existing pavement. No reduction is permitted for a principal use vehicular use area or when the maximum number of parking spaces allowed is exceeded.
b. 
When the existing pavement is less than five feet from the right-of-way line, an ornamental metal fence with masonry piers may be used in lieu of a masonry wall under Option C of Table 90-430-1.
(4) 
Vehicular use area visibility. In order to promote visibility and surveillance of vehicular use areas and public streets, low shrubs, perennials or ornamental grasses may not be allowed to grow taller than four feet, and portions of fences or walls above four feet in height may not exceed 50% opacity. Trees must be maintained so that the lowest branches are at least six feet above the ground beneath the tree.
(5) 
Tree placement. Canopy trees required along on-street frontage screening areas may be planted at regular or irregular intervals, but in no case may trees be spaced more than 75 feet on center. Trees adjacent to the vehicular use area may be counted as part of required screening if they are within 20 feet of the right-of-way line and within 20 feet of the vehicular use area.
(6) 
Public amenities. Public amenities, such as transit shelters, benches, bicycle racks, sculptures, fountains and similar features, may be integrated as part of the required screening. Screening requirements may be reduced as needed to accommodate such public amenities and streetscape features.
(c) 
R District screening requirements.
(1) 
When required. The R District screening requirements of this section apply to vehicular use areas located within 25 feet of any R-zoned lot. The requirements do not apply if there are buildings or other site features that effectively block views of the vehicular use area from the R-zoned lot.
(2) 
Options. Screening must be installed and maintained between the vehicular use area and the R-zoned lot by one of the options described in Table 90-430-2 or by a combination of those options.
Table 90-430-2
R District Screening Options (Vehicular Use Areas)
Regulation
Option A
Option B
Option C
Adjacent to side or rear yard
Minimum width of landscaped area (feet)
10
5
None
Type and minimum number of plants required
1 evergreen tree or 2 tall shrubs per 5 linear feet
1 evergreen tree or 2 tall shrubs per 10 linear feet
None
Fence/wall required
None
Opaque fence or wall
Masonry wall
Minimum fence/wall height (feet)
None
4
4
Fence/wall opacity
None
4 feet and lower must be 100% opaque
4 feet and lower must be 100% opaque
Adjacent to front yard
Minimum width of landscaped area (feet)
10
5
None
Type and minimum number of plants required
2 low shrubs or 4 perennials/ornamental grasses per 5 linear feet
2 low shrubs or 4 perennials/ornamental grasses per 10 linear feet
None
Fence/wall required
None
Ornamental fence or opaque fence or wall
Masonry wall
Minimum fence/wall height (feet)
None
3
3
Fence/wall opacity
None
Above 4 feet must be at least 50% open
3 feet and lower must be 50% opaque; above 4 feet must be at least 50% open
Figure 90-430-2
R District Screening Options (Vehicular Use Areas)
(3) 
Vacant lots. Screening is required regardless of whether a building exists on the R-zoned lot that triggers the requirement for R District screening, unless the Community Development Director determines that such screening is unnecessary because the vacant lot is unlikely to be developed with residential or other sensitive land uses. Areas adjacent to the required minimum front setback area on a vacant lot must be screened as if such areas were adjacent to a front yard area.
(d) 
Materials, installation and maintenance. See §§ 90-430.70 and 90-430.80.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Purpose. The interior parking lot landscaping regulations of this section are intended to help mitigate the visual and stormwater runoff impacts of parking lots and provide shade for parked vehicles and pedestrians.
(b) 
When required. The interior parking lot landscaping regulations of this section apply as stated in § 90-430.20.
(c) 
Trees and landscape areas required. A minimum of one canopy tree and 100 square feet of landscape area is required for every four parking spaces or fraction thereof, provided that:
(1) 
Parking spaces within structures, designated motorcycle parking spaces and bicycle parking spaces are not included when determining the minimum amount of landscaping required.
(2) 
Trees and landscaped areas used to meet the screening requirements of this section are counted toward total parking lot landscaping requirements.
(d) 
Location and distribution. Trees, landscaped areas and green infrastructure used to meet the requirements of this division must be located within 50 feet of the parking lot. No portion of a parking lot may be more than 100 feet from an interior or perimeter landscaped area or more than 150 feet from an interior or perimeter canopy tree. Large parking lots must be divided into areas of not more than 50,000 square feet each through the use of landscaped islands, peninsulas or medians.
(e) 
Landscape areas. Landscaped areas must be planted with low shrubs, perennials or ornamental grasses. A minimum of four low shrubs, or eight perennials or ornamental grasses, are required per 100 square feet of landscaped area. Equivalent combinations of plants may be used, with two perennials or ornamental grasses equivalent to one low shrub.
(f) 
Green infrastructure incentives. The interior parking lot landscaping requirement of this division may be reduced to not less than one tree and 100 square feet of landscaped area per eight parking spaces if the following amounts of green infrastructure features are provided as a substitute for trees and landscaped areas:
(1) 
Permeable paving. One hundred square feet of permeable paving may be substituted for one tree and 100 square feet of landscaped area.
(2) 
Rain gardens. One hundred square feet of rain garden with a rainwater catchment area of at least 1,000 square feet may be substituted for one tree and 100 square feet of landscaped area.
(3) 
Bioswales. Fifty cubic feet (375 gallons) of bioretention capacity with a rainwater catchment area of at least 1,000 square feet may be substituted for one tree and 100 square feet of landscaped area.
(g) 
Existing parking lots. When interior parking lot landscaping requirements are triggered by repaving or reconstruction, a change in the use being screened or a substantial improvement to an existing building and compliance with the requirements of this subsection would result in a loss of more than 10% of total parking spaces or would result in the number of spaces being reduced to below the minimum number required for the subject use, the amount of landscaping required by Subsection (c) may be reduced to a minimum of one tree and 100 square feet of landscaped area per eight parking spaces, and may be further reduced to not less than one tree and 100 square feet of landscaped area per 16 parking spaces through the use of green infrastructure features as specified in Subsection (f). This provision does not apply to principal use parking lots or when the maximum number of parking spaces allowed is exceeded.
(h) 
Elements, installation and maintenance. See §§ 90-430.70 and 90-430.80.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Purpose. The outdoor storage and work area screening regulations of this section are intended to help mitigate the visual and operational impacts of outdoor storage and work areas located near streets or nonindustrial zoning districts.
(b) 
Street frontage screening requirements.
(1) 
When required. The street frontage screening requirements of this section apply to outdoor storage areas and outdoor work areas associated with any public or civic, commercial, or industrial use when such areas are visible from any (non-alley) street rights-of-way. The requirements do not apply if there are buildings or other site features that effectively block views of such outdoor storage and work areas from the right-of-way.
(2) 
Options. Screening must be installed and maintained between outdoor storage and work areas and the street by one of the options described in Table 90-430-3 or by a combination of those options.
Table 90-430-3
Street Frontage Screening Options (Outdoor Storage and Work Areas)
Regulation
Option A
Option B
Option C
Minimum width of landscaped area (feet)
20
10
5
Type and minimum number of plants required in landscaped area
1 evergreen tree or 2 tall shrubs per 5 linear feet
1 evergreen tree or 2 tall shrubs per 10 linear feet
None
Minimum number of canopy trees required
1 per 25 linear feet
1 per 25 linear feet
1 per 50 linear feet
Fence/wall required
None
Opaque fence or wall
Masonry wall
Minimum fence/wall height (feet)
None
6
6
Fence/wall opacity requirement
None
Below 6 feet must be 100% opaque
Below 6 feet must be 100% opaque
Figure 90-430-3
Street Frontage Screening Options (Outdoor Storage and Work Areas)
(3) 
Tree placement. Canopy trees required along on-street frontage screening areas may be planted at regular or irregular intervals, but in no case may trees be spaced more than 75 feet on center. Trees adjacent to outdoor storage and work areas may be counted as part of required screening if they are within 20 feet of the right-of-way line and within 20 feet of the outdoor storage or work area.
(c) 
Nonindustrial district screening requirements.
(1) 
When required. The nonindustrial district screening requirements of this section apply to outdoor storage areas and outdoor work areas associated with any public or civic, commercial, or industrial use when such areas are visible from any abutting nonindustrial-zoned lot. The requirements do not apply if there are buildings or other site features that effectively block views of the outdoor storage areas and outdoor work areas from the abutting nonindustrial-zoned lot.
(2) 
Options. Screening must be installed and maintained between outdoor storage areas and outdoor work areas and abutting nonindustrial-zoned lots by one of the options described in Table 90-430-4 or by a combination of those options.
Table 90-430-4
Nonindustrial District Screening Options (Outdoor Storage and Work Areas)
Regulation
Option A
Option B
Option C
Minimum width of landscaped area (feet)
20
10
None
Type and minimum number of plants required
1 evergreen tree or 2 tall shrubs per 5 linear feet
1 evergreen tree or 2 tall shrubs per 10 linear feet
None
Fence/wall required
None
Opaque fence or wall
Masonry wall
Minimum fence/wall height (feet)
None
6
6
Fence/wall opacity requirement
None
Below 6 feet must be 100% opaque
Below 6 feet must be 100% opaque
Figure 90-430-4
Nonindustrial District Screening Options (Outdoor Storage and Work Areas)
(d) 
Elements, installation and maintenance. See §§ 90-430.70 and 90-430.80.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Purpose. The trash, recycling and mechanical equipment screening regulations of this section are intended to help mitigate the visual and operational impacts of mechanical equipment, trash and recycling equipment and dumpster storage areas located near streets or nonindustrial zoning districts.
(b) 
When required. The trash, recycling and mechanical equipment screening requirements of this section apply to trash, recycling and mechanical equipment areas that are visible from any public street or abutting nonindustrial-zoned lot. The requirements do not apply to areas located on an R-zoned lot that contains three or fewer dwelling units or when there are buildings or other site features that effectively block views of the trash, recycling and mechanical equipment areas from streets or abutting nonindustrial-zoned lots.
(c) 
Options. Screening must be installed and maintained between outdoor storage areas and outdoor work areas and abutting nonindustrial-zoned lots by one of the options described in Table 90-430-5 or by a combination of those options.
Table 90-430-5
Trash, Recycling and Mechanical Equipment Screening Options
Regulation
Option A
Option B
Option C
Minimum width of landscaped area (feet)
10
5
None
Type and minimum number of plants required
1 evergreen tree or 2 tall shrubs per 5 linear feet
1 evergreen tree or 2 tall shrubs per 10 linear feet
None
Fence/wall required
None
Opaque fence or wall
Masonry wall
Minimum fence/wall height (feet)
None
4
4
Fence/wall opacity requirement
None
Below 4 feet must be 100% opaque
Below 4 feet must be 100% opaque
(d) 
Elements, installation and maintenance. See §§ 90-430.70 and 90-430.80.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Applicability. The landscape and screening element provisions of this section apply to all trees, plant materials, and other materials and features used to satisfy the landscaping and screening requirements of this zoning chapter.
(b) 
Canopy trees.
(1) 
General. Canopy trees used to satisfy the requirements of this division must be of a deciduous street tree variety with a leaf and branch structure that creates a uniform crown and an opaque tree canopy.
a. 
Tree species are subject to approval by the Community Development Director.
b. 
The planting of ash trees is expressly prohibited.
c. 
Ornamental trees may be used to satisfy canopy tree requirements if they meet the minimum size requirements. Ornamental trees must be set back at least five feet from all sidewalks. No more than 50% of total trees provided may be ornamental trees.
d. 
Trees in the abutting public right-of-way immediately adjacent to the subject property may be counted towards the landscaping and screening requirements of this division if approved by the Community Development Director.
(2) 
Tree size. Canopy trees must be at least 2.5-inch-caliper size at the time of planting, except that two canopy trees of at least 1.5-inch-caliper size may be substituted for one tree of 2.5-inch-caliper size.
(3) 
Planting areas. Any area used for planting canopy trees must have surface area of at least 100 square feet and at least 150 cubic feet of planting soil per tree. Planting areas for canopy trees may include modular suspended pavement systems that contain healthy noncompacted soil, and the permeable surface area of such systems may be counted toward the minimum surface area required.
(4) 
Credit for existing trees. An existing canopy tree on the subject lot may be counted towards the minimum canopy tree requirements if it complies with the regulations of this subsection and no soil within five feet of the tree is disturbed. In addition:
a. 
Any existing canopy tree greater than twelve-inch-caliper size may be counted as two trees if no soil within 10 feet of the tree is disturbed; and
b. 
An existing canopy tree greater than eighteen-inch-caliper size may be counted as three trees if no soil within 15 feet of the tree is disturbed.
(5) 
Tree diversity. When a site has 10 or more trees, no single species may comprise more than 50% of the trees used to meet the requirements of this section.
(c) 
Landscaped areas.
(1) 
General. Landscaped areas consist of planting beds filled with low-level or eye-level plants. Low-level plants include low shrubs, perennials and ornamental grasses. Eye-level plants include evergreen trees and tall shrubs. When used for screening, low-level plants are intended to define spaces and allow for natural surveillance, while eye-level plants are intended to obscure the view of the area being screened. The type and number of plants required is determined by the area being screened, the presence of a fence or wall and the size of the landscaped area.
(2) 
Shrubs.
a. 
Low shrubs are deciduous shrubs or evergreen shrubs that are expected to grow to a mature height of no more than four feet. Perennials or ornamental grasses may be substituted for required low shrubs at the rate of two perennials or two ornamental grasses per one low shrub. Evergreen trees may be substituted for low shrubs at the rate of one evergreen tree per two low shrubs.
b. 
Tall shrubs are deciduous shrubs or evergreen shrubs that are expected to grow to a mature height of not less than six feet. Evergreen trees may be substituted for tall shrubs at the rate of one evergreen tree per two tall shrubs.
(3) 
Planting soil. Landscaped areas must have healthy noncompact planting soil at least 18 inches deep.
(4) 
Plant combinations. When landscaped areas allow for multiple plant types, any equivalent combination of the permitted plant types may be used.
(5) 
Plant size. Minimum and maximum plant sizes for low-level and eye-level plants are specified in Table 90-430-6.
Table 90-430-6
Plant Size
Plant Type
Minimum Container Size at Time of Planting
(gallons)
Minimum Height at Time of Planting
(feet)
Maximum Height at Maturity
(feet)
Perennials/ornamental grasses
1
1
4
Low shrubs
3
1.5
4
Tall shrubs
3
4
None
Evergreen trees
NA
6
None
(d) 
Fences and walls.
(1) 
General. When a masonry wall, ornamental metal fence or opaque fence is used to meet the screening requirements of this division, it must be consistent with the type of fence required, the opacity and height standards for the area being screened, and the screening method selected. When no fence is required, a fence or wall of any type is permitted if otherwise permitted in the zoning district. If any fence other than an ornamental metal fence is present between an area requiring screening and a right-of-way line, the fence must be set back behind the required landscaped area, as viewed from the street.
(2) 
Masonry walls. A masonry wall is intended to replace low-level and eye-level plants when space for sufficient planting does not exist. When a masonry wall is used to meet minimum screening requirements, it must be constructed of attractive, high-quality, durable-finish materials, such as brick, cast stone, decorative block or stucco over standard concrete masonry blocks. The color, texture and type of materials used on masonry walls must be similar to or compatible with the materials used on the principal building on the subject lot. If the principal building on the lot is not of masonry construction, a solid wall at least eight inches thick constructed of nonmasonry materials may be used if approved by the Community Development Director. An ornamental metal fence may be constructed atop a masonry wall, or a masonry wall may have openings consisting of ornamental metal fencing if the fence or wall meets the opacity requirements for the area being screened and the screening method selected. When plants are not required due to the presence of a masonry wall, they are permitted.
(3) 
Ornamental metal fences. An ornamental metal fence is intended to complement low-level and eye-level plants when space for planting is limited. When an ornamental metal fence is used to meet minimum screening requirements, it must have decorative metal pickets at least 0.75 inch wide and spaced no farther apart than an average of six inches on center. The standards for picket width and spacing may be waived by the Community Development Director for custom metal fences with an opacity of at least 15%. When a custom fence has an opacity of more than 50%, it must be set back behind the required landscaping, as viewed from the street. An ornamental metal fence may include piers constructed of masonry, stone, or wood. An ornamental metal fence may be constructed atop a masonry wall or have solid portions consisting of masonry if the fence meets the opacity requirements for the area being screened and the screening method selected. In an industrial district, a welded wire metal fence may be used as an alternative to an ornamental metal fence. A welded wire metal fence must be rigid and composed of architectural metal panels or heavy-duty welded wire mesh with coated metal wires at least 1/8 inch in diameter (10-gauge or less).
(4) 
Opaque fences. An opaque fence is intended to completely obscure the view of the area being screened. An opaque fence may be constructed of masonry, stone, metal, wood, vinyl or composite material, gabions filled with stone material, or a combination of such materials. Chain-link fences with slats or mesh screening are not considered opaque fences.
(5) 
Masonry piers. An ornamental metal fence or opaque fence used to meet minimum screening requirements must have masonry piers if used as an alternative to masonry walls. Masonry piers must be spaced no more than 25 feet apart and also provided on corners and at changes in direction. Masonry piers must be at least 16 inches wide and 16 inches deep with a minimum height of three feet. The color, texture and type of materials used on masonry piers must be similar to or compatible with the materials used on the principal building located on the subject lot. If the principal building is not of masonry construction, the piers may be omitted or constructed of nonmasonry materials if approved by the Community Development Director.
(6) 
Prohibited fence or wall materials. A fence or wall used to meet the minimum screening requirements may not include corbeled masonry blocks or other dry stack blocks, structural corrugated metal, metal siding or a metal panel and batten system, or exterior insulation and finish systems (EIFS) or simulated stucco products.
(7) 
Gaps in fences and walls. When a fence or wall is used to meet the minimum screening requirements of this division, such fence or wall must be provided throughout the length of the landscaped area except in the following circumstances:
a. 
Adjacent to canopy trees. In order to facilitate proper growth of canopy trees, a fence or wall is not required within five feet of new or existing trees.
b. 
Access points. Gaps in a fence or wall may occur as necessary to accommodate vehicle and pedestrian access, bicycle parking spaces and transit shelters. A fence or wall is not required within 10 feet of an access drive.
c. 
Public amenities. Gaps in a fence or wall may occur as necessary to accommodate public art, water features, street furniture or other public amenities.
(8) 
Grade changes. If there is an elevation difference between an area or object being screened and the street or adjacent property, the height of fences and walls must be measured from the point of highest elevation.
(e) 
Green infrastructure. Green infrastructure is any combination of landscaping, facilities, or equipment that captures rainwater at or near the site where it falls by infiltration into the soil, evapotranspiration by plants, or storage for reuse. The following green infrastructure features may be used for interior parking landscaping, as described in § 90-430.40:
(1) 
Permeable paving. Permeable paving is a surface paved with permeable pavers, porous concrete or porous asphalt that allows water infiltration into the soil.
(2) 
Rain garden. A rain garden is a landscaped area specifically designed to capture and infiltrate stormwater and filled with deep-rooted plants.
(3) 
Bioswale. A bioswale is a depressed area designed to capture and infiltrate stormwater runoff and remove pollutants. Constructed wetlands and other bioretention facilities may also be considered bioswales for the purposes of this division.
(4) 
Rainwater catchment area. A rainwater catchment area is an area from which rainfall flows into a rain garden, bioswale or other bioretention facility.
(f) 
Other landscaping and screening elements.
(1) 
Berms. Berms are permitted in all zoning districts. A berm may not be used to meet the minimum screening requirements of this section.
(2) 
Bollards. Bollards are permitted in all circumstances but may not be used to meet the minimum requirements of this section.
(3) 
Boulders. Boulders and other hard, round elements greater than 18 inches in diameter with irregular surfaces meant to appear eroded by nature are prohibited within 10 feet of a street right-of-way. Masonry objects and structures with flat, finished surfaces are permitted as a means to mark a gateway condition, provide pedestrian seating, or to define a street edge. Retaining walls consisting of boulders or stones are permitted, but may not be used to meet the minimum screening requirements of this division.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Installation.
(1) 
Required landscaping must be installed in accordance with an approved landscape plan.
(2) 
All trees and plant material must be installed in accordance with sound nursery practices, in a manner designed to encourage vigorous growth.
(3) 
All landscaped areas that are adjacent to pavement must be protected with curbs or equivalent barriers. Flush curbs, curb cuts, or other methods must be used to direct stormwater to landscape areas that abut paved areas.
(4) 
Landscaping may not obstruct traffic visibility at street intersections or driveways and must comply with all applicable intersection sight distance regulations.
(5) 
When landscaping is placed or installed within the public right-of-way, the Village has no obligation to replace or repair such landscaping if removed or damaged by Village field operations or other governmental functions. The Village also has no obligation to maintain aboveground or below-ground improvements or landscaping within the public right-of-way.
(b) 
Encroachment into right-of-way. Landscaped areas may encroach into the public right-of-way, but fences and walls used for screening may not be constructed in the public right-of-way. No tree or shrub may be planted in the public right-of-way unless such planting is authorized by the Community Development Director. Plants or other landscaping elements may not obstruct or encroach on public sidewalks.
(c) 
Protection. All landscape areas provided to meet the requirements of this zoning chapter must be protected from potential damage by adjacent uses and development, including parking and storage areas.
(d) 
Timing of installation. All required landscape and screening elements must be installed as soon as practical, preferably prior to occupancy. A delay in the installation of plantings may be authorized by the Community Development Director for up to six months after permit issuance.
(e) 
Maintenance.
(1) 
Required landscaping and screening must be continuously maintained, including necessary watering; weeding; pruning; pest control; litter and debris cleanup; and replacement of dead, diseased or damaged plant material.
(2) 
Failure to comply with an approved landscaping plan, including failure to maintain required landscaping and screening and failure to replace dead, diseased or damaged landscaping, constitutes a violation of this zoning chapter.
(3) 
The property owner is responsible for maintenance of trees and landscaping in accordance with the approved landscape plan and the regulations of this zoning chapter. Any dead, diseased or damaged trees, landscaping or screening materials must be removed and replaced by the property owner within 90 days of the date that written notice of the obligation to remove and replace required landscaping is issued by the Village. Property owners have no obligation to replace or restore required landscaping that is damaged or destroyed as a direct result of government action or lawful action of a franchise utility provider.
[Ord. No. 19-2020, 6-8-2020]
(a) 
Required information. All site plans and building permit applications for sites requiring landscaping must include a landscape plan that complies with the landscape plan submittal requirements specified by the Community Development Director.
(b) 
Administrative review. After receipt of a complete landscape plan, the Community Development Director must:
(1) 
Approve the landscape plan as complying with the requirements of this division;
(2) 
Approve the landscape plan with conditions of approval that will bring it into compliance with the requirements of this division; or
(3) 
Reject the landscape plan as failing to comply with the requirements of this division.
[Ord. No. 19-2020, 6-8-2020]
(a) 
To accommodate creativity in landscape and screening design and to allow for flexibility in addressing site-specific development/redevelopment challenges, the Community Development Director is authorized to approve alternative compliance landscape plans sealed by a landscape architect licensed to practice in the State of Wisconsin. In order to approve an alternative compliance landscape plan, the Community Development Director must determine that one or more of the following conditions or opportunities are present:
(1) 
The subject site has space limitations, an unusual shape or other factors that make strict compliance with applicable landscaping and screening regulations impossible or impractical;
(2) 
Physical conditions on or adjacent to the site, such as topography, soils, vegetation or existing structures or utilities, are such that strict compliance is impossible, impractical or of no value in terms of advancing the general purposes of this division;
(3) 
Safety considerations, such as intersection visibility, utility locations, etc., make alternative compliance necessary; or
(4) 
Creative, alternative landscape plans will provide an equal or better means of meeting the intent of the landscaping and screening regulations of this division.
(b) 
The Community Development Director is expressly authorized to approve alternative compliance landscape plans for projects implementing low-impact development practices or seeking sustainable development or green building certification from nationally recognized organizations, such as the International Code Council, the U.S. Green Building Council, the International Living Future Institute, the U.S. Green Building Initiative or SITES.