This Chapter of the Zoning Ordinance is established to create uniform landscape, screening and tree preservation standards for the development of property in the Village and the review of plans therefor, in order to ensure that the Village remains attractive, safe and comfortable. This Chapter shall govern all developments except detached single and attached two-family residential subdivisions.

The definitions noted below apply uniquely to this Chapter and supersede any conflicting definitions found in Chapter 2 of the Bartlett Zoning Ordinance ("this Title"). The rules for interpretation found in Chapter 2 shall be applicable to these definitions.

EXTERIOR PARKWAY: The unpaved portion of the public street right of way in front of a property (see Diagram 1 at end of this Section).

FOUNDATION AREA: The ground area immediately adjacent to a building on all sides thereof. Foundation areas extend a minimum of four feet (4') in all directions from the foundation of the building (see Diagram 2 at end of this Section).

INTERIOR PARKWAY: A landscaped open space extending a minimum of ten feet (10') from all street rights of way (see Diagram 1 at end of this Section).

LANDSCAPED OPEN SPACE: Land covered by trees, shrubs, turf grasses or ground cover. Impervious surfaces, such as buildings, parking lots, walkways, or patios are not considered landscaped open space.

PERIMETER LANDSCAPE AREA: An area around the periphery of a property not facing a public road (see Diagrams 1 and 2 at end of this Section). The perimeter landscape area extends from the property line to the nearest building face, parking area, or access drive, exclusive of the foundation area and the interior parkway.

PROTECTED TREE: An existing tree designated on the landscape plan to remain after construction.

SITE INTERIOR: The open space area behind and between buildings on a site with multiple structures, excluding the interior parkway, foundation area and perimeter landscape area.

IMAGES

Diagram 1

 

Diagram 2

 

Diagram 3

 

The following shall establish the standards for the preparation and submission of required plans for landscape, screening and tree preservation.

   A.   Landscape Plan Required. A landscape plan approved by the Village staff on the basis of the standards set forth in this Chapter shall be required for all projects requiring site plan review and/or a special use permit.

   B.   Content of Landscape Plan. All landscape plans shall include or have attached thereto the following information:

      1.   North arrow, scale, date of plan and any subsequent revisions.

      2.   The location and dimensions of all existing and proposed buildings, structures, parking lots and driveways, roadways and rights of way, sidewalks, bicycle paths, ground signs, refuse disposal areas, fences, free standing electrical equipment, light fixtures, other surface utility structures, and other free standing structural features as determined by the Community Development Department, tot lots and other recreational facilities, setbacks and easements. The landscape plan shall be drawn at a scale not smaller than one inch equals fifty feet (1" = 50').

      3.   The location, quantity, size and both scientific and common names of all proposed plant materials.

      4.   Existing and proposed contours, including the location of all proposed berming, at a one foot (1') contour interval. Also included shall be the location, extent and general elevations of all detention and retention areas and drainageways.

      5.   Specification of the type and boundaries of all proposed ground cover, including both scientific and common names of all proposed plant materials.

      6.   The designation, location, type and size of all existing trees four inches (4") and larger in diameter measured one foot (1') above natural grade. Any trees to be removed should be clearly identified. Trees measuring between two and one-half inches (2 1/2") and four inches (4") in diameter which will be used to meet landscape requirements shall also be indicated. If required for reasons of clarity, this information may be placed on an additional illustration.

Where existing trees are grouped in a dense cluster, an overall tree mass may be used without a specific delineation of individual trees. If this technique is used, protected trees used to meet site landscape requirements must be tagged on-site and identified on the plan in tabular form.

      7.   Details of all fences and walls proposed to be constructed on the site.

      8.   Elevations, cross-sections and other site of construction details determined to be necessary by the Community Development Department.

   C.   Timing of Landscape Improvements. All required landscaping shall be installed prior to the issuance of a certificate of occupancy. The best times for planting in this area are early spring and early fall. Plants planted in the summer run the risk of dehydration.

See Section 10-13-9E regarding applicable assurance requirements for landscape improvements. If weather conditions or other circumstances beyond the developer's control prevent installation of all or portions of the landscape materials and all other requirements for the issuance of a certificate of occupancy have been met, a letter of credit or a performance guarantee approved by the Village Attorney to insure completion of approved landscaping shall be filed with the Village Treasurer. The amount of the performance guarantee and the required completion data shall be recommended by the Zoning Administrator based on current costs and set by the Village Board. If such a letter of credit or performance guarantee has already been submitted for the proposed landscape improvements, the Village Board may permit the developer to extend the performance guarantee for an additional specified period of time.

The following shall establish standards for the landscape improvements required to be installed as part of the development of new buildings, structures and uses of land governed by this Title:

   A.   General Landscape Standards. Every development shall provide sufficient landscaping so that:

      1.   Neighboring properties are shielded from the negative visual influence of that development;

      2.   The development is shielded from the negative impacts of adjacent uses, including streets or railroads;

      3.   The appearance and desirability of the development contributes to the overall attractiveness and economic health of the Village.

   B.   Minimum Landscaped Open Space. For each parcel of land to be developed, the minimum landscaped open space shall comply with standards established in Section 10-11A-4D. In zoning districts for which no minimum landscaped open space requirements are specified, a minimum of fifteen percent (15%) of the total parcel shall be devoted to landscaped open space area. Section 10-11A-4D details landscape requirements for various portions of the total landscaped open space.

   C.   Flexibility in the Administration of Required Landscape Standards. To meet the objectives outlined in Section 10-11A-4A, the following landscape requirements are hereby established. Theses standards provide specific requirements for site landscaping. However, the Village recognizes that, because of the wide variety of types of developments and the relationships between them, some flexibility in applying standards set forth in Section 10-11A-4D are appropriate as long as the intent of specified requirements are met. Any deviation of twenty percent (20%) or more from the requirements of any specific requirement of this Chapter shall require a variation.

Whenever the Village allows or requires deviation from the requirements set forth in this Section, it shall enter on the face of the landscape plan the reasons for allowing or requiring deviation from the requirements of this Section.

   D.   Types of Landscaped Areas. This Chapter regulates landscaping of five (5) distinct areas of a parcel as follows:

      1.   Interior parkway

      2.   Perimeter area

      3.   Foundation area

      4.   Parking lots

      5.   Site interior

Diagrams 1, 2 and 3 provide graphic illustrations of each area. Each area shall be landscaped in accordance with the following criteria:

      1.   Interior Parkway Landscaping. An interior parkway shall be provided in all nonresidential zoning districts as identified in the following table:

 

 

When a proposed use is adjacent to a property zoned PD, the zoning administrator shall determine appropriate screening required based on the most appropriate standard zoning district.

(Adjacent To Undeveloped Property)

 

When a proposed use is adjacent to a property zoned PD, the zoning administrator shall determine appropriate screening required based on the most appropriate standard zoning district.

Minimum perimeter landscape requirements shall be as follows:

         a.   Type 1 Screening: Type 1 perimeter landscape requirements are designed to provide a substantial buffer between uses. Where type 1 screening is required on table 2A or 2B of this section, one of the following three (3) buffering alternatives shall be required. The property owner may select the buffering alternative which best meets the configuration of the site and the proposed development. All fences, walls and hedges shall comply with this title. (Ord. 91-26, 4-16-1991)

Alternate A: The buffering area shall be a minimum of eight feet (8') in width for this alternative. An opaque brick or other approved masonry wall six feet (6') high shall be constructed along the entire perimeter, excluding area within the required front yard setback. The wall may be continued within the front yard provided the height is reduced to four feet (4'). If the proposed use is for a mining operation or for related building or structure for screening, crushing, mining, washing or storage, the required masonry wall shall be eight feet (8') high. In addition, large deciduous trees in a quantity equal to one tree per seventy five feet (75') of perimeter length shall be provided. Tree spacing shall be determined by tree species and design considerations.

Alternate B: A minimum twelve foot (12') buffer area shall be required for this alternative. A fence of wood or other approved material six feet (6') high and at least seventy five percent (75%) opaque shall be constructed along the entire perimeter, excluding area within the required front yard setback. The fence may be continued within the front yard provided the height is reduced to four feet (4'). If the proposed use is for a mining operation or for related building or structure for screening, crushing, mining, washing or storage, the required masonry wall shall be eight feet (8') high. In addition shrubs shall be planted within the buffer area. Large deciduous trees shall be provided in a quantity equal to one tree per sixty feet (60') of perimeter length. Tree location shall be determined by tree species and design considerations. (Ord. 2015-97, 12-1-2015)

Alternate C: A minimum twenty five foot (25') buffer area shall be required for this alternative. A berm at least three feet (3') in height with a maximum three to one (3:1) slope shall be constructed along the entire perimeter. Breaks in the berm may be provided as appropriate to accommodate drainage. The berm shall be planted with shrubs four feet (4') or greater in height to provide screening along at least seventy five percent (75%) of the perimeter length. Trees shall be provided in a quantity equal to one tree per sixty feet (60') of perimeter length. Tree spacing shall be determined by tree species and design considerations. Up to twenty five percent (25%) of the required trees in this screening alternative may be small deciduous trees (crab apples, etc.).

Diagram 5

 

         b.   Type 2 Screening: Type 2 perimeter landscape screening is generally required between adjacent nonresidential uses to screen parking areas from adjacent uses. Where a parking lot will be placed along a perimeter such that parked cars will face the abutting property, shrubs and trees shall be required. Shrubs shall be provided along at least fifty percent (50%) of the length of the parking area. Where parking will be placed adjacent to a residential use, shrub screening shall be continuous along the entire parking area and a minimum of six feet (6') high. Shrubs shall be a minimum of three feet (3') in height when screening a parking lot from adjacent nonresidential uses. Trees shall be provided in a quantity equal to one large deciduous tree per sixty feet (60') of parking lot length. Tree spacing shall be determined by tree species and design considerations. Up to twenty five percent (25%) of the required trees in this screening alternative may be small deciduous trees (crab apples, etc.). If the proposed use is for a mining operation or for related building or structure for screening, crushing, mining, washing or storage, an eight foot (8') high fence or wall shall be provided along the perimeter in lieu of parking lot screening.

         c.   Type 3 Screening. Type 3 perimeter landscape screening is generally required between low and high density residential areas. Where a Type 3 screen is required according to Table 1, berming, trees and shrubs shall be provided to create a visual separation between properties. Appropriate berm height will depend on the width of the landscape area, with no berm having a slope greater than three to one (3:1). A minimum of sixty percent (60%) of the length of the perimeter shall be planted with shrubs that will reach a height of at least six feet (6'). Trees shall be provided in a quantity equal to one tree per sixty feet (60') of perimeter length. Tree spacing shall be determined by tree species and design considerations. Up to twenty-five percent (25%) of the required trees in this screening alternative may be small deciduous trees (crab apples, etc.).

      3.   Foundation Area Landscaping. A minimum four foot (4') wide landscape area is recommended adjacent to all building walls, (exclusive of driveways, access walks, and service and delivery areas). Planting should emphasize softening large expanses of building walls, accenting building entrances and architectural features, and screening mechanical equipment. Where extended roofs or canopies are used to provide a covered walkway adjacent to a building, foundation plantings are not required. However. landscaping is recommended to separate vehicular areas from buildings.

      4.   Parking Lot Landscaping. Landscaping shall be required within all parking lots containing twenty (20) or more parking spaces, to meet the following standards:

         a.   There shall be a minimum seven foot (7') wide (measured from back of curb) curbed planting island at the end of every parking row. The depth of the planting island shall be equal to the depth of the parking stalls.

         b.   To break up long expanses of parking rows, landscape islands are required. One of the following three (3) alternatives shall be used to divide rows of twenty (20) or more parking spaces.

Alternative A. A continuous curbed landscape island between rows may be provided in lieu of full stall planting islands between parking bays. Where such a continuous island is provided, it shall be a minimum of seven feet (7') in width and shall contain a minimum of one tree per twenty (20) spaces (see Diagram 6).

Alternative B. A maximum of twenty (20) parking spaces will be permitted in any length of parking bay. A curbed island at least seven feet (7') wide and as deep as the parking stalls shall be provided to divide the bay length. There shall be a minimum of one large deciduous tree per island. Branching shall start no less than six feet (6') above the pavement measured from pavement level.

Alternative C. Smaller curbed islands at the head of and between parking stalls may be permitted. If smaller curbed planting islands are appropriate, they shall be a minimum of six and one-half feet by six and one-half feet (61/2' x 61/2') (measured from back of curb to back of curb) and shall be provided at the rate of two (2) small islands for every full size island required in Alternative B. There shall be a minimum of one large deciduous tree per island. Branching shall start no less than six feet (6') above the pavement measured from pavement level.

Diagram 6

Diagram 7

Diagram 8

 

      5.   Site Interior Landscaping. On parcels with more than one structure, the open space between buildings shall be appropriately landscaped to provide:

         a.   Screening of adjacent dwelling units.

         b.   Screening and shading to improve energy efficiency.

         c.   A visually appealing living environment.

The planting of trees is the most effective means of defining and enhancing open space areas. As the appropriate quantity and location of trees will be dependent upon the site and building configuration of individual developments, each project will be evaluated independently. However, open space areas within the interior of a site should generally contain a minimum of one tree per five thousand (5,000) square feet of open space.

Other landscape features, including shrubs, flowers, ground cover, grasses, and berming should be used as appropriate to enhance the overall appearance and function of the open space area.

   E.   Landscape Design Requirements. Functional activities within and adjoining the development site must be considered in the design of landscape improvements, including consideration of the following:

      1.   Service Area Screening. All service areas shall be screened from view through the use of evergreen plant materials or masonry screen walls compatible with the proposed building design.

         a.   Trash dumpsters and other waste receptacles or equipment shall be screened with three (3) sided brick or other approved masonry walls at least six feet (6') in height, with a solid, attractive single or double access gate on one side only.

         b.   All utility equipment (meters, transformers, etc.) shall be provided with appropriate planting screens. All dish antennas shall be adequately screened from adjoining properties by an opaque wall, fence, hedge or berm.

         c.   All garage doors and loading areas shall be fully screened so as not to be visible from adjoining rights of way and property zoned for any residential use.

         d.   All outdoor storage facilities for fuel, raw materials and products within five hundred feet (500') of a residence district shall be effectively screened and enclosed by a solid wall or fence at least eight feet (8') in height. If materials to be stored outdoors are in excess of eight feet (8') in height, then landscape screening shall be provided in addition to the fence or wall installed along the outside perimeter of the fence or wall, equal or exceeding the height of the materials to be stored outdoors.

      2.   Intersection Visibility: Landscaping must be designed and installed to minimize potential obstruction of critical sightlines.

Landscape planting shall be so designed as to avoid obstruction of a motorist's vision at the intersections of outlet access drives and ring roads, access roads, or municipal streets.

Unobstructed visibility between two feet (2') and six feet (6') above the height of the paved surface of the access road must be maintained at all intersections. To maintain this visibility, no shrubs or other landscape material which will reach a mature height greater than two feet (2') shall be permitted within ten feet (10') of the right of way of a primary thoroughfare, or five feet (5') from the right of way of a lesser roadway, for a distance of forty feet (40') from the right of way intersection (see diagram 9 of this section). Trees are allowed in these critical visibility areas if the lowest branching begins not less than six feet (6') above the pavement.

      3.   Parking Area Island Planters: All parking area island planters should be overexcavated to a two foot (2') depth for their entire width and length, backfilled with an appropriate mix of topsoil, peat moss and nutrients to replace the excavated material, and shall be compacted, leaving a crowned or mounded top.

      4.   Berming Slope: Berming shall not exceed a maximum slope of three to one (3:1) except in parking islands, where the maximum slope shall not exceed two to one (2:1).

      5.   Mulch Materials: Mulch materials shall be shredded bark or other organic material best suited for the village. Lava rock or large diameter (11/2 inch diameter plus) bark chips ("chunk bark") are not acceptable. Gravel and stone mulches are not permitted, unless specifically approved in writing by the village. Mulch beds at time of planting shall extend a minimum of two feet (2') beyond the center of a shrub.

      7.   Wood Fences: All wood fences proposed to be used to meet perimeter screening requirements shall be of red cedar, redwood, cypress, or other approved decay resistant treated wood, at least six feet (6') high, and of solid construction. Wood fences shall be not less than seventy five percent (75%) opaque, with all supporting posts exposed to the lot interior. Stockade type fences are not permitted.

Diagram 9

(Ord. 91-26, 4-16-1991)

   A.   Purpose: It is the purpose of this section to establish regulations limiting the removal and ensuring the replacement of trees removed from private property within the village, and in doing so, safeguard the ecological and aesthetic environment of the community. These regulations are further intended to serve to dissuade the unnecessary clearing and distributing of land so as to:

      1.   Preserve trees as an important public resource enhancing the quality of life and the general welfare of the village and enhancing its unique character and physical, historical and aesthetic environment;

      2.   Preserve the essential character of those areas throughout the village which are heavily wooded and in a more natural state with plant material indigenous to the region;

      3.   Enhance and preserve the air quality of the village through the filtering effect of trees on air pollutants;

      4.   Reduce the noise within the village through the baffle and barrier effect of trees on the spread of noise;

      5.   Aid in the stabilization of soil by the prevention of erosion and sedimentation;

      6.   Reduce energy consumption through the windbreak and shade effects of trees when they are properly placed on the lot;

      7.   Preserve and enhance nesting areas for birds and other wildlife which in turn assists in the control of insects;

      8.   Reduce storm water runoff and the cost associated therewith and replenish the ground water supplies;

      9.   Provide moderation of temperatures;

      10.   Prevent the existence of trees which pose a threat or danger to the public or to the property in the village;

      11.   Protect and increase property value; and

      12.   Provide a visual landscape buffer between properties when feasible.

   B.   Preconstruction Tree Requirements: A tree survey and a tree preservation plan shall be required for all development activity requiring site plan review and approval, a special use permit, zoning for a planned development ("PD"), approval of a planned unit development ("PUD") plan, and/or approval of a preliminary and/or final plat of subdivision (or resubdivision), unless the community development director, or his or her authorized designee, determines from a physical inspection of the proposed development site that no significant tree stand exists on the property.

      1.   Tree Survey: A tree survey shall include the location, size and species (both scientific and common names) of all deciduous trees located on the parcel with a trunk size of four inches (4") or greater in diameter measured one foot (1') above natural ground level, all multistemmed trees greater than six feet (6') in height with an aggregate trunk diameter of ten inches (10") or greater measured at diameter at breast height (54 inches above natural ground level), and all evergreen trees measuring five feet (5') or greater in height, hereinafter the "significant surveyed trees". All of the significant surveyed trees illustrated on the tree survey shall be numbered on the tree survey and on the tree preservation plan and the significant surveyed trees on the proposed development property shall be tagged with the corresponding number.

      2.   Tree Preservation Plan: Whenever a significant surveyed tree is proposed to be removed, or may be affected by construction, a tree preservation plan shall be submitted that indicates which trees are proposed to be removed, which trees are proposed to be preserved in place, and which trees are proposed to be relocated. The tree preservation plan shall show the location of the site, a north arrow, location of buildings (existing and proposed), and the excavation limits required to construct proposed improvements, including, without limitation, roads, driveways, parking areas, utilities, detention basins, detention ponds and other relevant information concerning the proposed improvements. Said plan shall also indicate the methods that are to be used to preserve the existing trees upon the property proposed to be developed meeting the minimum requirements of the required tree preservation measures during construction set forth in subsection C of this section, and the methods to be used to relocate any significant surveyed trees to a different location on the development property. Every reasonable effort shall be made to retain existing tree lines on the perimeter of development parcels so as to preserve natural buffers between adjoining properties and to preserve significant interior tree clusters to the extent practicable, taking into account the size of the parcel, the location and size of the proposed improvements, and the probability that the protected trees will survive.

      3.   Tree Preservation Easement Areas: The community development department, in conjunction with the village arborist and the village engineer or his authorized designee, shall review and determine desired perimeter tree protection areas on the proposed development site based on field observation, and shall recommend to the developer and the corporate authorities the size and location of perimeter tree preservation areas, taking into account the size of the development property, the location of the proposed improvements, utilities, drainage, surrounding uses and the probability that the significant surveyed trees in the tree preservation easement(s) will survive if the required tree preservation measures during construction are followed. The owner and developer of the proposed development property shall depict all tree protection easement areas on all site plans, preliminary and final plats of subdivision, preliminary and final PUD plans, and preliminary and final engineering plans for the proposed development. The scale of the tree preservation plan shall be consistent with the scale of the PUD plan(s), subdivision plat(s), site plan, landscape plan and engineering plans for the development.

      4.   Restrictive Covenants: The final plat of subdivision or final PUD plan shall depict and grant permanent tree preservation easements to protect the existing perimeter tree areas as depicted on the preliminary plat and/or preliminary PUD plan, and shall contain the permanent easement provisions set forth in subsection D of this section. For developments that do not involve the subdivision of land or a PUD, but that require site plan review and approval, the owner and/or the developer shall prepare a separate plat of easement to create the tree preservation easements. The owner and developer of the development parcel shall also execute restrictive covenants that run with the land for the protection of the trees within the tree preservation easements to protect trees during construction, after construction of the development and in perpetuity. The language granting the tree preservation easements and the restrictive covenants relating to tree preservation contained in the covenants, conditions and restrictions for the development (the "CCRs") shall be in form and substance as approved by the village attorney.

      5.   Tree Preservation Bond: A tree preservation bond shall be required for all developments that are required to have tree preservation easements calculated as follows: One hundred dollars ($100.00) per caliper inch for each living significant surveyed tree (regardless of species) lying within any tree preservation easement times a discount factor of fifty percent (50%). The developer shall be required to post a tree preservation bond prior to commencing any grading, earthmoving or other construction activities on the development parcel to help ensure that there is a fund in place to pay for the removal and replacement of any fallen, damaged, diseased, decayed or dead trees within the tree preservation easements with trees at a ratio of one to one (1:1) having a minimum diameter of four inches (4") measured at a point one foot (1') above the natural grade and of like species if approved by the village arborist, or species selected from the varieties of deciduous trees listed in subsection 10-11A-6D of this chapter. The amount of the tree preservation bond shall in no way limit the developer's obligation or the liability of the developer if the cost to remove and/or replace such fallen, damaged, diseased, decayed or dead trees exceeds the tree preservation bond, except that the developer's obligations with respect to the tree preservation in the development shall cease upon the termination date of the developer's tree preservation obligations as defined in subsection C of this section.

      6.   Village's Right To Enforce: The village shall be granted the right, but shall not have the obligation, to enforce the tree preservation easements and/or the CCRs, should the owner and/or developer fail to do so prior to the termination date for the developer's tree preservation obligations as defined in subsection C of this section. After said date, the owners' association for the development, if any, shall be solely responsible to enforce the tree preservation easements and CCRs, or if there is none in existence on the termination date for the developer's tree preservation obligations, the village may, but shall not be obligated to, enforce them.

   C.   Required Tree Preservation Measures During Construction: In consultation with and upon inspection by the village arborist and the village building department, each tree preservation easement area shall be protected prior to commencing any grading, earthmoving or other construction activities on the development property, and the developer shall be responsible to maintain and keep in place the protection measures hereinafter set forth during the construction of the development until: 1) the date the public improvements for the development have been accepted by the village (the "public improvement acceptance date"), or 2) the date on which the developer has turned over control of the owners' association to the owners (the "turnover date"), whichever is later (the "termination date for the developer's tree preservation obligations"), to ensure the survival of existing trees on the lots encumbered by the tree preservation easement during the construction of the public improvements and infrastructure and the construction of private improvements upon the development parcel using the following methods:

      1.   Protect trees with fencing during the entire construction period and check and maintain the fencing weekly;

      2.   Fencing should be placed at or beyond the drip line of the protected trees using bright colored plastic fencing;

      3.   The ground around existing trees shall not be compacted by heavy equipment or vehicles, nor shall dirt or other materials be stored or stockpiled beneath the crown of any tree within the tree preservation easements;

      4.   Fires or other sources of heat shall be kept well clear of all protected trees in the tree preservation easements;

      5.   Repair damaged roots or branches immediately, and cover all exposed roots with topsoil to a depth that matches the soil cover prior to any disturbance;

      6.   Whenever roots are destroyed, a proportional amount of branch must be pruned so the tree does not transpire more water than it takes in;

      7.   Injured trees must be thoroughly watered during the ensuing growth season;

      8.   Prune all existing trees to be saved that are surrounded by pavement to prevent dehydration;

      9.   The existing elevations around protected trees on the tree preservation easement should be maintained to the fullest extent possible;

      10.   Where grade changes of four inches (4") or more are required within the drip line of a protected tree, low retaining walls or other appropriate tree protection techniques shall be used to ensure the long term health of the tree as approved by the village engineer and the village arborist; and

      11.   To the extent practicable, utilities shall be located outside of the tree preservation easements.

Erosion control fencing shall not be used as tree protection fencing such that if the areas overlap, dual fencing shall be required.

   D.   Permanent Easement: The lots or property encumbered by a tree preservation easement shall be subject to and be bound by the following permanent covenants and restrictions which shall run with the land and bind future owners of such lots and the property so encumbered:

      1.   No building, shed, pad, or accessory structure or fence (other than temporary plastic snow fencing around the perimeter during construction) of any kind shall be constructed or maintained for any purpose on any tree preservation easement, and no trees or shrubs shall be removed from any tree preservation easement except for the removal of fallen, damaged, diseased, decayed or dead trees with the written approval of the owners' association for the property, and if prior to the termination date for the developer's tree preservation obligations, the additional approval of the village arborist.

      2.   There shall be no change made to the topography or grade of any tree preservation easement area or deposit of fill materials of any kind without the written approval of the owners' association.

      3.   There shall be no filling, dredging, mining, drilling or removal of topsoil, sand, gravel, rock, minerals or other material to or from the tree preservation easement areas without the written approval of the owners' association, and prior to the termination date for the developer's tree preservation obligations, the additional approval of the village arborist.

      4.   From and after the termination date for the developer's tree preservation obligations, each owner of record of a lot or property encumbered by a tree preservation easement shall maintain the area on his or her lot designated as such tree preservation easement and toward that end shall be entitled to engage in normal and routine pruning and tree fertilization.

   E.   Owners' Association Enforcement: The owners' association, and its agents and designees, shall have the right to enforce the terms, conditions and covenants contained on the final plat of subdivision and/or the CCRs relating to tree preservation and shall be entitled to enjoin in a court of equity any activity on or use of the tree preservation easement inconsistent therewith. (Ord. 2007-63, 6-5-2007)

The following guidelines shall be considered in reviewing the design and implementation of landscape plans in conjunction with review of site plans and special use permits.

   A.   Standards For Plant Materials: Materials planted in any development shall comply with the following requirements:

      1.   The quality and size of plant material selected shall comply with the latest edition of the "American Standard Of Nursery Stock" published by the American Association of Nurserymen unless otherwise indicated.

      2.   No artificial plants of any type shall be used to meet the requirements of this chapter in any landscape area within the parcel.

      3.   Minimum sizes for plant materials at time of installation for all landscape areas shall be as follows:

         a.   Deciduous trees shall be a minimum size of two and one-half inches (2 1/2") caliper when installed. Evergreen trees shall be a minimum six feet (6') in height when installed.

         c.   Ground cover shall be so planted and spaced that complete coverage can be obtained within two (2) years after date of installation.

         d.   Flower beds are encouraged and shall be mass planted in acceptable areas to create color, texture and interest.

      4.   Property owners shall be responsible for maintaining all landscaping shown on the approved landscape plan throughout the life of the development. All dead plants shall be replaced with plants which meet original requirements. Annual flower beds shall be replanted each year with flowers adapted to the village. No changes shall be permitted without the approval of the village staff.

   B.   Guide For Planting Trees: The trees recommended in subsection D of this section have minimal maintenance requirements. However, all trees must receive a certain degree of care, especially during and immediately after planting. To protect an investment in new trees, the developer should ensure that proper horticultural techniques are followed. The following recommendations are provided as a guide for tree planting based on current horticultural practice:

      1.   The best times for planting are early spring and early fall. Plants planted in the summer run the risk of dehydration.

      2.   Plant trees and shrubs at least three feet (3') from the back of curb along head-in parking spaces to prevent damage from car overhangs. Mulch, lawn or planted ground cover shall be utilized in this three foot (3') area. Aligning trees with the stripes between parking stalls will further help avoid damage.

      3.   Dig tree pits at least one foot (1') wider than the root ball.

      4.   Especially in areas where construction activity has compacted the soil, the bottom of the pit should be scarified or loosened with a pickax or shovel.

      5.   After a pit is dug, observe subsurface drainage conditions. Where poor drainage exists, special provisions should be made to ensure proper drainage around the tree.

      6.   Backfill should include a proper mix of soil, peat moss, and nutrients. All roots must be completely covered. Backfill should be thoroughly watered as it is placed around the roots.

      7.   Plants should remain plumb and level. Newly planted trees may be supported with stakes and ties to hold it firmly in place. Remove stakes and ties after one year.

      8.   Spread at least two inches (2") of mulch over plant beds in order to retain moisture and keep down weeds. A three inch (3") saucer should be provided to form a basin around the trunk of the tree. This saucer helps catch and retain moisture.

      9.   The lower trunks of new trees may be wrapped with burlap or paper to prevent evaporation and sun scald. The wrapping should remain on the tree for at least one year.

      10.   Conscientious postplanting care, especially watering, pruning and fertilizing, is a must for street and parking lot trees. Branches of new trees may be reduced by as much as one-third (1/3) to prevent excessive evaporation.

   C.   Guide For Planting Shrubs: Shrubs planted for screening purposes should be given a proper growing environment. Many of the guidelines for tree planting listed in subsection B of this section also apply to shrubs. However, because specific requirements vary considerably between shrub types, this chapter does not attempt to specify the needs of all shrubs.

   D.   Lists Of Recommended Trees, Shrubs And Ground Cover: The following lists indicate plantings which will meet the landscape requirements of this chapter. The lists are by no means comprehensive and are intended merely to suggest the types of flora which would be appropriate for these purposes. Plants were selected for inclusion on these lists according to four (4) principal criteria: 1) general suitability for the climate and soil conditions of this area, 2) ease of maintenance, 3) tolerance of city conditions, and 4) availability from area nurseries.

 

(Ord. 91-26, 4-16-91)