East Troy City Zoning Code

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.

Each section of this article is oriented to a specific category of required landscaping. The landscaping requirements described in this article are cumulative in nature and are required for all development, except single-family residential and agricultural uses, in the following locations: around building foundations, in developed lots, along street frontages, in or around paved areas, in permanently protected green space areas, in reforestation areas, and in bufferyards.

In each instance, a "landscaping point" concept is used to provide a maximum amount of flexibility in terms of the selection of plant materials. Sections 510-114 and 510-115 present sample landscape point combination alternatives used by this chapter.

Sample landscaping schemes that may be used for building foundations, developed lots, street frontages, paved areas, reforestation, and bufferyards are depicted in Figure 510-115A. In general, landscaping schemes similar to Alternative A are best for building foundations, landscaping schemes similar to Alternative B are best for developed lots, landscaping schemes similar to Alternative C are best for street frontages, landscaping schemes similar to Alternative D are best for paved areas (including parking lots, walkways and plazas), landscaping schemes similar to Alternative E are best for reforestation, and landscaping schemes similar to Alternative F are best for bufferyards.

A minimum amount of landscaping points, based upon the zoning district, is required for the linear feet of building foundations; the gross area of buildings on developed lots; the linear feet of street frontage; and the total combined area of paved areas. Figure 510-115B illustrates the measurement techniques used to determine these requirements.

Building foundations. As indicated in Figure 510-116,[1] certain buildings or building additions constructed after the effective date of this chapter are required to be accented by a minimum amount of landscaping placed near the building foundation.

Street frontages. As indicated in Figure 510-116, street frontages on certain lots developed after the effective date of this chapter must contain a minimum amount of landscaping in those areas abutting the right-of-way of a public street.

Paved areas. As indicated in Figure 510-116, paved areas on certain lots developed after the effective date of this chapter must contain a minimum amount of landscaping within 10 feet of the paved area. The intent is to require a continuous visual screen of parking areas from public rights-of-way at a minimum height of 40 inches.

Developed lots. As indicated in Figure 510-116, lots developed after the effective date of this chapter must contain a minimum amount of landscaping.

Purpose. This section provides the landscaping and width requirements for bufferyards on lots developed after the effective date of this chapter. A bufferyard is a combination of distance and a visual buffer or barrier. It includes an area together with the combination of plantings, berms and fencing that are required to eliminate or reduce existing or potential nuisances. These nuisances can often occur between adjacent zoning districts. Such nuisances are dirt, litter, noise, glare, signs, and incompatible land uses, buildings, or parking areas.

Required locations for bufferyards. Bufferyards shall be located along (and within) the outer perimeter of a lot wherever two different zoning districts abut one another. Bufferyards shall not be required in front yards.

Determination of required bufferyard opacity. The required level of bufferyard opacity is determined using Figure 510-119A.[1] Opacity is a quantitatively derived measure which indicates the degree to which a particular bufferyard screens the adjoining property. The required level of opacity is directly related to the degree to which the potential character of development differs between different zoning districts. The provisions of this section indicate the minimum opacity requirements for bufferyards located along zoning district boundaries.

Identification of detailed bufferyard requirements. If a proposed use adjoins a parcel for which a bufferyard is required by the presence of a zoning district boundary, that use shall provide a bufferyard with the level of the opacity indicated in Figure 510-119A. For each level of opacity listed in Figure 510-119A, a wide variety of width, landscaping point, berm, and structure combinations are possible. These are listed in Figure 510-119B.[2] The requirements listed in Figure 510-119B pertain to the number of landscaping points, the minimum bufferyard width, and the type of berm or fencing required within every 100 feet of required bufferyard. A variety of landscaping point options are available and may be mixed within distinct portions of the same bufferyard. Section 510-115 describes the various available landscaping point alternatives. Section 510-120 provides a listing of tree and shrub species which correspond to the landscaping point descriptions.

Waiver. Upon petition, the Plan Commission may waive the bufferyard requirements in this section, in whole or in part, when the Commission believes the required bufferyard will not provide the desired screening because the adjoining properties are at significantly different elevations. A decision of the Commission to grant a waiver must specifically state the reason(s) for the decision.

Any and all landscaping and bufferyard material required by the provisions of this chapter shall be installed on the subject property, in accordance with the approved site plan (see § 510-160), within 365 days of the issuance of an occupancy permit for any building on the subject property, unless a conditional use is approved to allow for greater than 365 days.

If the subject property is to be occupied prior to the installation of all required landscaping and bufferyard material, the property owner shall sign an instrument agreeing to install the landscaping within the three-hundred-sixty-five-day period and shall furnish to the Village an irrevocable letter of credit or other form of security acceptable to the Village sufficient to guarantee completion of the work. Such security shall be provided by the property owner at the time that the agreement is signed. It shall be in an amount equal to 110% of the estimated actual cost for all of the required elements of the approved site plan and shall specifically guarantee that all such elements shall be made and installed according to the approved site plan. The costs of the work shall be furnished by the property owner and shall be verified by the Village. The financial security shall remain in force until all of the work has been completed and approved by the Village. This agreement shall also contain a statement indicating that the property owner's failure to comply with the requirements of the terms of the agreement will constitute a violation of this chapter and subject the property owner to a forfeiture upon conviction. If the required landscaping and bufferyard materials are to be installed during different phases of a subdivision development, the developer may furnish for each phase financial security in an amount sufficient to guarantee completion of the landscaping and bufferyard work performed during a particular phase, unless Chapter 495, Subdivision of Land, of the Village Code requires otherwise. If the property owner is a governmental unit, it may, in lieu of signing an agreement and furnishing a guarantee, file a resolution or letter from officers authorized to act in its behalf agreeing to comply with the provisions of this article.[1]

If existing plant material meets the requirements of this article and will be preserved on the subject property following the completion of development, it may be counted as contributing to the landscaping requirements.

All landscaping and bufferyard areas shall be seeded with lawn or native ground cover unless such vegetation is already fully established.

The exact placement of plants and structures shall be depicted on the required detailed landscaping plan submitted to the Village for its approval. Such plant and structure location shall be the decision of each property owner, provided that the following requirements are met:

Use of required bufferyard and landscaped areas. Any and all required bufferyards or landscaped areas may be used for passive recreation activities. Said areas may contain pedestrian, bike or equestrian trails, provided that no required material is eliminated; the total width of the required bufferyard, or the total area of required landscaping, is maintained; and all other regulations of this chapter are met. However, in such areas, no swimming pools, tennis courts, sports fields, golf courses, or other such similar active recreational uses shall be permitted. No parking and no outdoor display or storage of materials shall be permitted. Paving in such areas shall be limited to that required for necessary access to, through, or across the subject property.[1]

Utility easements. Landscaping materials, fences and berms located within a duly recorded utility or a pedestrian easement shall not count toward meeting a landscaping requirement, unless authorized otherwise by a conditional use permit. However, the width of such areas may be counted as part of a landscaping requirement.