City of Lake Geneva, WI Landscaping and Buffer Yard Regulations

This article contains the standards which govern the amount, size, type, installation and maintenance of required landscaping. This article recognizes the important and diverse benefits which landscaping provides in terms of protecting the health, safety, and general welfare of the community, and implementing the Comprehensive Master Plan.

Each section of this article is oriented to a specific category of required landscaping. These include landscaping requirements for foundations (Section 98-604); landscaping requirements for developed lots (Section 98-605); landscaping requirements for street frontages (Section 98-606); landscaping requirements for paved areas (section 98-607); landscaping requirements for permanently protected green space areas (section 98-608); landscaping requirements for reforestation (section 98-609); and landscaping requirements for buffer yards (Section 98-610).

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 98-603 presents sample landscape point combination alternatives used by this chapter. At the end of this article, Section 98-611 provides a listing of plant species fitting into the "climax tree," "tall deciduous tree," "medium deciduous tree," "low deciduous tree," "tall evergreen tree," "medium evergreen tree," "low evergreen tree," "tall deciduous shrub," "medium deciduous shrub," "low deciduous shrub," "medium evergreen shrub," "low evergreen shrub," and "noncontributory plants" used by this chapter. Section 98-612 provides requirements for the installation and maintenance of required landscaping, and Section 98-613 describes the procedure for calculating landscaping requirements for this section.

Sec. 98-603 Landscaping points, landscaping measurements and sample landscaping layouts.

[1-19-2022]

All landscaping requirements are stated in terms of the number of landscaping points required. The required number of landscaping points is dependent upon the type of land use, the zoning district, and the size of the development. A different number of points are awarded for each plant, depending upon its typical growth rate, its mature height, and whether it is a deciduous or evergreen species. A minimum installation size is required for each of these plant categories. These requirements are as follows:

Table 98-603: Landscaping Points and Minimum Installation Sizes
Plant Category	Landscaping Points Per Plant	Minimum Permitted Installation Size
Climax tree	75	2-inch caliper
Tall deciduous tree	30	1 1/2-inch caliper
Medium deciduous tree	15	6 feet tall
Low deciduous tree	10	4 feet tall
Tall evergreen tree	40	5 feet tall
Medium evergreen tree	20	4 feet tall
Low evergreen tree	12	3 feet tall
Tall deciduous shrub	5	36 inches tall
Medium deciduous shrub	3	24 inches tall
Low deciduous shrub	1	18 inches tall/wide
Medium evergreen shrub	5	18 inches tall/wide
Low evergreen shrub	3	12 inches tall/wide
Noncontributory plants	0	N/A

Source: A Guide to Selecting Landscape Plants for Wisconsin, E. R. Hasselkus, UW-Extension Publication: A2865

Depiction of sample landscaping schemes. Illustration 98-603, shown below, depicts sample landscaping schemes that may be used for building foundations, developed lots, street frontages, paved areas, reforestation, and buffer yards. 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. A detailed listing of which plant species fit each plant type is provided in Section 98-611.

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

1250 landscaping points:

6 climax trees

8 tall 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

8 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

880 landscaping points:

2 climax trees

13 tall trees

68 evergreen shrubs

Option 2

880 landscaping points:

5 climax trees

6 tall trees

8 evergreen shrubs

Alternative E:

Best Suited for

Reforestation

Alternative F:

Best Suited for

Buffer yards

Measurement for landscaping requirements. A minimum amount of landscaping points, based upon the zoning district, is required for the linear feet Building Foundations, the gross floor area of buildings on Developed Lots, the linear feet of street frontage, and the total combined area of paved areas. The following diagram illustrates the measurement techniques used to determine these requirements:

Landscape Measurements

Landscaping Calculation Equations for this Example:

Paved area = (P₁ x P₂) + (P₃ x P₄) + (P₅ x P₆) + (P₇ x P₈) + (P₉ x P₁₀)

Street frontage = S₁ + S₂

Building perimeter = F₁ + F₂ + F₃ + F₄ + F₅ + F₆ + F₇ + F₈

Building floor area = (B₁ x B₂) + (B₃ x B₄) + (B₅ x B₆)

Sec. 98-604 Landscaping requirements for building foundations.

[1-19-2022]

This section requires that certain buildings constructed after the effective date of this chapter (see Section 98-011) be accented by a minimum amount of landscaping placed near the building foundation.

Landscaping required by this section 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, under Sections 98.605 through 98.609, of this article. See Section 98-603(2)(A) for a suggested scheme.

For each 100 feet of building foundation perimeter, the following number of landscaping points (per Section 98-603) shall be provided on a prorated basis, and installed and permanently maintained per the requirements of Section 98-612.

Climax trees and tall trees shall not be used to meet this requirement. The intent of this section is to require a visual break in the mass of buildings and to require a visual screen of a minimum of six feet in height for all exterior perimeter appurtenances (such as HVAC/utility boxes, standpipes, stormwater discharge pipes and other pipes.)

Table 98-604: Building Foundation Landscaping Requirements
Minimum Required Landscaping Points Per 100 Linear Feet of Building Foundation
Zoning District	Land Use (see Section 98-206)
Zoning District	All Other Land Uses	Single-Family Residential (per Section 98-034)	Agricultural [per Section 98-206(2)]
Rural Holding (RH)	20	0	0
Countryside Residential (CR-5ac)	50	0	0
Estate Residential (ER-1)	45	0	0
Single-Family Residential-3 (SR-3)	40	0	0
Single-Family Residential-4 (SR-4)	40	0	0
Two-Family Residential-6 (TR-6)	45	0	0
Multifamily Residential-8 (MR-8)	50	0	0
Neighborhood Office (NO)	45	0	0
Planned Office (PO)	40	0	0
Neighborhood Business (NB)	40	0	0
Planned Business (PB)	40	0	0
General Business (GB)	20	0	0
Central Business (CB)	0	0	0
Planned Industrial (PI)	40	0	0
General Industrial (GI)	20	0	0
Heavy Industrial (HI)	20	0	0

Sec. 98-605 Landscaping requirements for developed lots.

[1-19-2022]

This section requires that certain lots developed after the effective date of this chapter (see Section 98-011) contain a minimum amount of landscaping.

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 buffer yards, under Sections 98.605 through 98.610, of this section. See Section 98-603(2)(B) for a suggested landscaping scheme.

The following number of landscaping points (as described in Section 98-603) 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 Section 98-612.

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).

Table 98-605: Developed Lot Landscaping Requirements
Minimum Required Landscaping Points Per 1,000 Square Feet of Gross Floor Area
Zoning District	Land Use (see Section 98-206)
Zoning District	All Other Land Uses	Single-Family Residential (per Section 98-034)	Agricultural [per Section 98-206(2)]
Rural Holding (RH)	10	0	0
Countryside Residential (CR-5ac)	30	0	0
Estate Residential (ER-1)	25	0	0
Single-Family Residential-3 (SR-3)	20	0	0
Single-Family Residential-4 (SR-4)	20	0	0
Two-Family Residential-6 (TR-6)	20	0	0
Multifamily Residential-8 (MR-8)	20	0	0
Neighborhood Office (NO)	20	0	0
Planned Office (PO)	15	0	0
Neighborhood Business (NB)	15	0	0
Planned Business (PB)	10	0	0
General Business (GB)	5	0	0
Central Business (CB)	0	0	0
Planned Industrial (PI)	10	0	0
General Industrial (GI)	5	0	0
Heavy Industrial (HI)	5	0	0

Sec. 98-606 Landscaping requirements for street frontages.

[1-19-2022]

This section requires that street frontages on certain lots developed after the effective date of this chapter (see Section 98-011) contain a minimum amount of landscaping in those areas which abut the right-of-way of a public street.

All landscaping used to meet this requirement shall be located within 10 feet of the public right-of-way. In no instance shall such landscaping be located within a public right-of-way. See Section 98-603(2)(C) for a suggested landscaping scheme. Landscaping shall not impede vehicle or pedestrian visibility.

For every 100 linear feet of street frontage where a developed lot abuts a public street right-of-way, the following number of landscaping points (as described in Section 98-603) shall be provided on a prorated basis, and installed and maintained per the requirements of Section 98-612.

Shrubs shall not be used to meet this requirement. A minimum of 50% of all points shall be devoted to climax and/or tall trees and a minimum of 30% of all points shall be devoted to medium trees.

Table 98-606: Street Frontage Landscaping Requirements
Minimum Required Landscaping Points Per 100 Linear Feet of Street Frontage
	Land Use (see Section 98-206)
Zoning District	All Other Land Uses	Single-Family Residential (per Section 98-034)	Agricultural [per Section 98-206(2)]
Rural Holding (RH)	20	0	0
Countryside Residential (CR-5ac)	50	0	0
Estate Residential (ER-1)	45	0	0
Single-Family Residential-3 (SR-3)	40	0	0
Single-Family Residential-4 (SR-4)	40	0	0
Two-Family Residential-6 (TR-6)	45	0	0
Multifamily Residential-8 (MR-8)	50	0	0
Neighborhood Office (NO)	45	0	0
Planned Office (PO)	40	0	0
Neighborhood Business (NB)	40	0	0
Planned Business (PB)	40	0	0
General Business (GB)	20	0	0
Central Business (CB)	0	0	0
Planned Industrial (PI)	40	0	0
General Industrial (GI)	20	0	0
Heavy Industrial (HI)	20	0	0

Sec. 98-607 Landscaping requirements for paved areas.

[1-19-2022]

This section requires that paved areas on certain lots developed after the effective date of this chapter contain a minimum amount of landscaping within, and 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. For every 10 parking spaces, the equivalent area of an eleventh parking space shall be provided as a landscaped island or peninsula within the parking area.

A minimum of 360 square feet of landscaped area, which shall be located within 10 feet of the paved area, is required for the placement of every 100 landscaping points. Said area does not have to be provided in one contiguous area. Sample configurations are depicted in Section 98-603, above. Plants used to fulfill this requirement shall visually screen parking, loading and circulation areas from view from public streets.

All landscaping areas located adjacent to paved areas shall be separated from the paved area by a continuous minimum four-inch-tall curb which is constructed of concrete, asphalt, timber or like material approved by the Director of Public Works.

For every 20 off-street parking stalls or 10,000 square feet of pavement (whichever yields the greater landscaping requirement) located in a development, the following number of landscaping points (as described in Section 98-603) shall be provided on a prorated basis, and installed and maintained per the requirements of Section 98-612. A minimum of 30% of all points shall be devoted to climax and/or tall trees and a minimum of 40% of all points shall be devoted to shrubs.

Table 98-607: Paved Area Landscaping Requirements
Minimum Required Landscaping Points Per 10,000 Square Feet of Paved Area or 20 Parking Stalls
	Land Use (see Section 98-206)
Zoning District	All Other Land Uses	Single-Family Residential (per Section 98-034)	Agricultural [per Section 98-206(2)]
Rural Holding (RH)	40	0	0
Countryside Residential (CR-5ac)	100	0	0
Estate Residential (ER-1)	90	0	0
Single-Family Residential-3 (SR-3)	80	0	0
Single-Family Residential-4 (SR-4)	80	0	0
Two-Family Residential-6 (TR-6)	90	0	0
Multifamily Residential-8 (MR-8)	100	0	0
Neighborhood Office (NO)	95	0	0
Planned Office (PO)	80	0	0
Neighborhood Business (NB)	80	0	0
Planned Business (PB)	80	0	0
General Business (GB)	40	0	0
Central Business (CB)	20	0	0
Planned Industrial (PI)	80	0	0
General Industrial (GI)	40	0	0
Heavy Industrial (HI)	40	0	0

Sec. 98-608 Landscaping requirements for other permanently protected green spaces.

[1-19-2022]

This section requires that each acre of other permanently protected green space (Section 98-204) after the effective date of this chapter (see Section 98-011) 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 Section 98-603) shall be provided. In addition, adequate ground cover shall be provided to stabilize the soil.

Sec. 98-609 Landscaping requirements for required reforestation.

[1-19-2022]

This section requires that each area required to be reforested, be reforested and maintained in a manner appropriate to site conditions.

A detailed reforestation plan shall be submitted by the property owner and approved by the City prior to clear cutting. This plan shall be reviewed by a reforestation consultant chosen by the City, with funding for consulting services provided by the petitioner to the City.

Rationale: The provisions of this section are designed to ensure that reforestation efforts required as part of woodland disruption mitigation standards result in the thorough and reasonably rapid replacement of the important and varied environmental functions which woodlands provide. See Section 98-507.

Sec. 98-610 Landscaping requirements for buffer yards.

[1-19-2022]

Purpose. This section provides the landscaping and width requirements for buffer yards on lots developed after the effective date of this chapter. (See Section 98-011). 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 fencing, that are required to eliminate or reduce existing or potential nuisances. These nuisances can often occur between adjacent zoning districts. Such nuisances are dirt, litter, noise, glare of lights, signs, and incompatible land uses, buildings or parking areas.

Rationale: One of zoning's most important functions is the separation of land uses into districts which have similar character and contain compatible uses. The location of districts is supposed to provide protection, but in the City of Lake Geneva, this is not the case since zoning districts permitting uses as diverse as single-family residential and industrial uses were located next to one another long before the effective date of this chapter. Buffer yards will operate to minimize the negative impact of any future use on neighboring uses.

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 may be located in required setback areas. In such instances, the one-half of the buffer yard requirements of this section shall be used instead of the street frontage landscaping required in Section 98-606, if such requirements of this section are greater. (In such instances, the width of the right-of-way may be counted as contributing to the width requirements for a buffer yard, however the minimum width required along the street frontage by Section 98-606 shall be provided in all cases.) Buffer yard plantings or structures shall not be located on any portion of any existing, dedicated, or officially mapped right-of-way.

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 Table 98-610(4)(a). Opacity is a quantitatively derived measure which indicates the degree to which a particular buffer yard screens the adjoining property. The required level of opacity indicated by this Table is directly related to the degree to which the potential character of development differs between different zoning districts. The provisions of this subsection indicate the minimum requirements for buffer yards located along zoning district boundaries.

(a)

Identification of required level of opacity. Table 98-610(4)(a) 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.

(b)

Identification of detailed buffer yard requirements.

If a proposed use adjoins a parcel for which a buffer yard is required by the presence of a zoning district boundary, that use shall provide a buffer yard with the level of the opacity indicated in Table 98-610(4)(a).

For each level of opacity listed in Table 98-610(4)(a), a wide variety of width, landscaping point, berm, and structure combinations are possible. These are listed in Table 98-610(4)(b). The requirements listed in Table 98-610(4)(b) pertain to the number of landscaping points, the minimum buffer yard width, and the type of berm or fencing required within every 100 feet of required buffer yard. A variety of landscaping point options are available and may be mixed within distinct portions of the same buffer yard. Section 98-603 describes the various available landscaping point alternatives. Section 98-611 provides a listing of tree and shrub species which correspond the landscaping point descriptions.

Tables for required buffer yards: see below for Tables 98-610(4)(a) and (b).

(a)

Notes for Table 98-610(4)(a). For properties zoned in the Rural Holding (RH), refer to the Comprehensive Master Plan's Future Land Use Map to determine the proposed zoning district for said property. Buffer yard requirements shall be taken from this proposal.

Table 98-610(4)(a): Required Buffer yard Opacity Values

Table 98-610(4)(b) Detailed Buffer yard Requirements
Opacity	No. Landscaping Points/100 feet	Width	Required Structure
0.05	00	10 feet+	Minimum 44-foot picket fence*
	00	10 feet+	Minimum 4-foot wood rail fence*
	40	10 feet	—
	36	15 feet	—
	33	20 feet	—
	31	25 feet	—
	29	30 feet	—
0.10	00	10 feet+	Minimum 44-inch picket fence*
	38	10 feet+	Minimum 4-foot wood rail fence*
	91	10 feet	—
	80	15 feet	—
	73	20 feet	—
	68	25 feet	—
	65	30 feet	—
	62	35 feet+	—
	00	35 feet+	Minimum 4-foot berm
0.20	00	10 feet+	Minimum 6-foot solid fence*
	84	10 feet+	Minimum 44-inch picket fence*
	133	15 feet+	Minimum 4-foot wood rail fence*
	198	15 feet	—
	173	20 feet	—
	158	25 feet	—
	149	30 feet	—
	140	35 feet	—
	10	35 feet+	Minimum 4-foot berm
	135	40 feet+	—
	00	40 feet+	Minimum 5-foot berm
0.30	00	10 feet+	Minimum 6-foot solid fence*
	198	15 feet+	Minimum 44-inch picket fence*
	320	20 feet	—
	240	20 feet+	Minimum 4-foot wood rail fence*
	276	25 feet	—
	252	30 feet	—
	235	35 feet	—
	104	35 feet+	Minimum 4-foot berm
	223	40 feet	—
	44	40 feet+	Minimum 5-foot berm
	215	45 feet	—
	209	50 feet+	—
	00	50 feet+	Minimum 6-foot berm
0.40	53	10 feet+	Minimum 6-foot solid fence*
	330	20 feet+	Minimum 44-inch picket fence*
	440	25 feet	—
	362	25 feet+	Minimum 4-foot wood rail fence*
	385	20 feet	—
	349	25 feet	—
	208	30 feet	—
	327	35 feet+	—
	148	35 feet+	—
	310		—
	299		—
	56		—
	405	30 feet+	Minimum 44-inch picket fence*
	492	30 feet+	Minimum 4-foot wood rail fence*
	499	35 feet	—
	319	35 feet+	Minimum 4-foot berm
	454	40 feet	—
	261	40 feet+	Minimum 5-foot berm
	422	45 feet	—
	405	50 feet	—
	160	50 feet+	Minimum 6-foot berm
	388	55 feet	—
	374	60 feet+	—
0.60	221	20 feet+	Minimum 6-foot solid fence
	433	35 feet+	Minimum 4-foot berm
	541	35 feet+	Minimum 44-inch picket fence*
	630	35 feet+	Minimum 4-foot wood rail fence*
	626	40 feet	—
	379	40 feet+	Minimum 5-foot berm
	570	45 feet	—
	525	50 feet	—
	270	50 feet+	Minimum 6-foot berm
	500	55 feet	—
	480	60 feet+	—
0.80	415	30 feet+	Minimum 6-foot solid fence*
	655	40 feet+	Minimum 4-foot berm
	627	45 feet+	Minimum 5-foot berm
	873	45 feet+	Minimum 44-inch picket fence*
	910	50 feet	—
	505	50 feet+	Minimum 6-foot berm
	809	50 feet+	Minimum 4-foot wood rail fence*
	804	55 feet	—
	744	60 feet	—
	710	65 feet	—
	677	70 feet+	—
1.00	636	40 feet+	Min. 6-foot solid fence*
	732	50 feet+	Min. 6-foot berm
	751	50 feet+	Min. 5-foot berm
	867	55 feet+	Min. 4-foot berm
	1091	60 feet+	Min. 44-inch picket fence*
	1136	60 feet+	Min. 4-foot wood rail fence*
	1083	65 feet
	994	70 feet
	934	75 feet
	892	80 feet+

*	Fences contributing to landscaping requirements are not permitted along street frontages for nonresidential uses. Where used in combination with plant materials to meet buffer yard requirements, a minimum of 50% of all plant materials shall be located on the exterior side (the side away from the center of the subject property) of the fence.
NOTE: Opacity standards provided courtesy of Lane Kendig, Inc.

Sec. 98-611 Classification of plant species.

[1-19-2022]

For the purpose of this chapter, plant materials are classified into 13 groupings: "climax tree," "tall deciduous tree," "medium deciduous tree," "low deciduous tree," "tall evergreen tree," "medium evergreen tree," "low evergreen tree," "tall deciduous shrub," "medium deciduous shrub," "low deciduous shrub," "medium evergreen shrub," "low evergreen shrub," and noncontributory plants. Species suitable for landscaping use and compatible with Walworth County climate and soil factors are listed in Table 98-611, below. The Zoning Administrator (see Section 98-932) shall review proposals for, and the applicability of, species not contained in this list and is authorized to approve appropriate similar species.

See Appendix 1 for a very detailed listing of plant species and characteristics.[1]

Table 98-611: Classification of Plants
Climax Trees (75 Landscaping Points)		Low Deciduous Trees (10 Landscaping Points)
Botanical Name	Common Name	Botanical Name	Common Name
Acer saccharum Ginkgo biloba Quercus sp.	Sugar Maple Ginko Oak: Red, White, Pin	Amelanchier sp. Crataegus sp. Malus sp.	Serviceberry Hawthorn: Cockspur, Downy, Washington Crabapple sp.
Tall Deciduous Trees (30 Landscaping Points)		Tall Evergreen Trees (40 Landscaping Points)
Botanical Name	Common Name	Botanical Name	Common Name
Acer sp. Fraxinus sp. Gleditsia triancanthos Populus grandidentata Tilia sp	Maple: Red, Silver, Norway Ash: White, Green Honeylocust Bigtooth Aspen Linden: Basswood, Littleleaf, Redmond	Abies concolor Pinus sp. Tsuga Canadensis	White Fir Pine: Red, White, Scots Canada Hemlock
		Medium Evergreen Trees (20 Landscaping Points)
		Botanical Name	Common Name
		Thuja occidentalis	American Arborvitae
Medium Deciduous Trees (15 Landscaping Points)		Low Evergreen Trees (12 Landscaping Points)
Botanical Name	Common Name	Botanical Name	Common Name
Betula sp. Prunus sp. Salix sp.	Birch: River, Paper Cherry: Choke, Pin Willow	Juniperus sp. Thuja sp.	Juniper: Mountbatten, Redcedar Arborvitae: Pyramidal, Techny
Tall Deciduous Shrubs (5 Landscaping Points)		Low Deciduous Shrubs (1 Landscaping Point)
Botanical Name	Common Name	Botanical Name	Common Name
Cornus sp. Syringa sp. Viburnum sp.	Dogwood: Grey, Pagoda Lilac: Chinese, Hyacinth Viburnum: Arrowwood, Wayfaringtree, Nannyberry	Berberis thunbergii Spiraea sp.	Japanese Barberry Spirea: Froebel, Snowmound
		Tall-Medium Evergreen Shrubs (5 Landscaping Points)
		Botanical Name	Common Name
		Juniperus chinensis Taxus sp.	Juniper: Pfitzer Yew: Japanese
Medium Deciduous Shrubs (3 Landscaping Points)		Low Evergreen Shrubs (3 Landscaping Points)
Botanical Name	Common Name	Botanical Name	Common Name
Corylus americana Cotoneaster sp. Forsynthia sp Rosa sp.	American Filbert, Hazelnut Cotoneaster Forsythia: Border, Early, Weeping Rose: Virgina, Rugosa	Juniperus sp.	Juniper: Sargent, Creeping, Andorra

[1]

Editor's Note: Said appendix is included as an attachment to this chapter.

Sec. 98-612 Requirements for installation, maintenance and use of landscaped and buffer yard areas.

[1-19-2022]

Installation.

(a)

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 Section 98-908) within 730 days of the issuance of an occupancy permit for any building on the subject property.

(b)

Surety.

If the subject property is to be occupied prior to the installation of all required landscaping and buffer yard material, the property owner shall file, subject to approval by the Zoning Administrator, a bond, a certificate of deposit, and irrevocable letter of credit, or a certified check, in an amount equal to 110% of the estimate of landscaping materials and installation cost.

If a part of a plat of subdivision is approved per the requirements of this chapter, said amount may be split into amounts which are applicable to phases of the plat approved per the requirements of the City of Lake Geneva Land Division Ordinance.[1]

[1]

Editor's Note: See Ch. 66, Subdivisions.

Governmental units to which these bond and guarantee provisions apply may, in lieu of said contract or instrument of guarantee, file a resolution or letter from officers authorized to act in its behalf, agreeing to comply with the provisions of this article.

(c)

Existing plant material which meets the requirements of Section 98-603 and which will be preserved on the subject property following the completion of development, may be counted as 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 required plants and structures shall be depicted on the required detailed landscaping plan per Section 98-908(3)(c) shall be the decision of each property owner within the requirements of this section, except that the following requirements shall be met:

Evergreen shrubs shall be planted in clusters in order to maximize their chance for survival.

Where a combination of plant materials, and/or berming and/or 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.

A property owner may establish through a written agreement, recorded with the Register of Deeds Office, that an adjacent property owner shall agree to provide a partial or full portion of the required buffer yard on an immediately adjacent portion of their land, thereby exempting the developer from providing all or a portion of the buffer yard on his property.

In no manner shall landscaping or buffer yard materials be selected and/or located in a manner that results in the creation of a safety or visibility hazard. (See Section 98-703)

The restrictions on types of plants listed in Sections 98-604 through 98-607 shall apply.

Maintenance. The continued and 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 are required. This requirement shall run with the property and is binding upon all future property owners. Development of any and all property following the effective date of this chapter shall constitute an agreement by the property owner to comply with the provisions of this section. Upon failure to comply with these provisions, the City 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. Failure to comply with this requirement shall be considered a violation of this chapter, and shall be subject to any and all applicable enforcement procedures and penalties. (See Section 98-936.)

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. In no event, however, shall swimming pools, tennis courts, sports fields, golf courses, or other such active recreation used be permitted in such areas. Furthermore, in no instance shall any parking be permitted in such areas, nor shall any outdoor display of storage of materials be permitted in such areas. Paving in such areas shall be limited to that required for necessary access to, through, or across the subject property.