A healthy environment is an indication of a healthy and sustainable community.

Landscaping promotes community sustainability by helping to maintain and increase property values, which in turn protects public and private investment in a community.

Landscaping provides lasting social, economic, environmental, and aesthetic benefits to the community.

Landscaping helps to reduce the "heat island" effect by shading parking lots, streets, and other hard-surfaced areas.

Flexible standards allow alternative design options that may better fit the needs of the landowner and that may be needed to address unique site characteristics.

Landscaped buffers are needed between parcels of incompatible land uses, and as the degree of incompatibility increases, the amount of buffering (width and landscaping) should increase.

Xeriscape planting techniques help promote water and energy conservation.

A variety of landscape plants is needed to ensure that the effect of a single disease (e.g., Dutch elm disease) or pest (e.g., emerald ash borer) on landscape plants is minimized.

Make the developed areas of the Village more attractive, ecologically sustainable and aesthetically pleasing;

Provide flexible standards where possible, rather than overly prescriptive requirements;

Promote and improve public health and safety through the abatement of noise, the glare of lights, dust, and air pollution;

Improve the aesthetic appearance of the built environment;

Ensure that land uses of different intensity have sufficient buffering between them to minimize negative effects;

Create aesthetically pleasing tree-lined streetscapes;

Promote economic development by providing a high quality of life;

Enhance ambient environmental conditions by providing shade, air purification, oxygen regeneration, groundwater recharge, stormwater runoff retardation, and noise, glare, and heat abatement; and

Encourage the preservation, expansion, protection, and proper maintenance of the community forest.

Generally. The required level of landscape plants is stated in terms of landscape points. As shown in Exhibit 8-2, a different number of points is assigned to each of the plant categories depending upon its typical growth rate, its mature height, and whether it is a deciduous or evergreen species. Species generally suitable for use in central Wisconsin are listed and those native to the state are denoted.

Plants not listed. The species list in Exhibit 8-2 is not meant to be exhaustive. Therefore, the Zoning Administrator shall review proposals for, and the applicability of, species not contained in this list, and is authorized to approve appropriate similar species.

Prohibited plants. Plants specifically designated as invasive by the Wisconsin Department of Natural Resources or other state agencies shall not be planted and shall not be used to meet the requirements of this article.

Generally. All plant material shall be healthy, vigorous, and free of disease and insects.

Minimum planting size. Trees and shrubs shall meet the minimum planting size established in Exhibit 8-3. Further, trees and shrubs shall meet the specifications contained in the most current edition of American Standard for Nursery Stock for the corresponding planting size.

Turf. Turf areas may be sodded or seeded. In areas subject to erosion, sod shall be used. Sod shall be commercially grown and clean and free of weeds, noxious pests, and diseases.

Mulch. Where mulch is used as a ground treatment, it shall be applied to a minimum depth of four inches. A landscape fabric may be placed between the soil and mulch to impede weed growth.

Generally. Landscape plantings as required by this article may be satisfied in whole or in part by preserving existing trees and shrubs on the subject property.

Allocation of credits. An existing tree shall be credited based on its size as shown in Exhibit 8-4. An existing shrub shall be credited on a one-for-one basis regardless of size.

Location of trees and shrubs. A tree eligible for credit shall be located within 10 feet of a required buffer yard or parking lot to which the credit is to be applied or within the street terrace. A shrub eligible for credit shall be located within the area to which the credit is to be applied.

Condition of trees to be used as credit. In order to use an existing tree or shrub as credit, the following conditions shall be satisfied:

Random placement. To the extent possible, plants shall be randomly placed so as to give a natural appearance.

Planting beds. Where required, shrubs shall be placed in planting beds with mulch.

Proximity to specified features. Trees and shrubs shall be separated from driveways, fire hydrants, utility poles, and utility pedestals and cabinets as listed in Exhibit 8-5.

Proximity to overhead utility lines and the like. Trees and shrubs shall not be placed where they will require frequent pruning in order to avoid interference with overhead utility lines, buildings, or other structures.

Within vision clearance triangle. Landscaping within a vision clearance triangle shall be consistent with the standards in the Municipal Code of the Village of Fox Crossing.

Integration with natural amenities. When a site abuts a natural amenity such as a stream, park, or other open space, the landscape plan shall integrate with, and respect the natural integrity of, the amenity.

Integration with stormwater facilities. Detention and retention ponds shall be designed to be physically, functionally, and visually integrated into adjacent landscape areas.

Tree species. The maximum number of required trees in the same genus shall comply with the proportions established in Exhibit 8-6. For example, if three tree species are required, a species in three different genuses must be used (e.g., Quercus - oaks, Acer - maples, Pinus- pines).

Shrub species. It is recommended that the proportion of required shrubs and ground cover follow the standards established in Exhibit 8-6, except that different species within the same genus may be used.

Generally. All landscaping shall be maintained in good condition so as to present a healthy, neat, and orderly appearance, free from refuse, weeds, and debris.

Responsibilities. The current landowner shall be responsible for maintaining the vegetation, irrigation system, screening devices, and other landscape components as may be required by this article.

Maintenance practices. Maintenance shall consist of regular and normal maintenance practices of landscaping including weeding, irrigation, fertilizing, pruning, and mowing. Plant materials that exhibit significant levels of insects, pests, diseases, or damage shall be treated as appropriate.

Replacement generally. Plant materials which were planted as required by this article or which were used as a credit and which die or are irreparably damaged shall be removed and replaced with living plant materials consistent with the approved landscape plan or as required by this article.

Replacement following a natural disaster. Plant materials that were planted as required by this article or which were used as a credit and which die or are irreparably damaged due to a natural disaster, such as area-wide flooding or high wind, shall, within two years of such event, be removed and replaced with plant materials consistent with the approved landscape plan or as required by this article. With just cause, the Planning Commission may, on a case-by-case basis, grant an extension of two additional years upon written request or pass a resolution granting a blanket extension to all affected properties in the Village.

Staking. It is recommended that stakes and cables used to support a tree be removed within 24 months of planting.

Maximum slope and form. In order to facilitate maintenance and efficient irrigation water usage, a berm shall not exceed a slope of 3:1 (i.e., for every three feet of horizontal run the vertical height is one foot). A berm shall be graded to appear as a curvilinear, naturalistic form.

Construction. A berm shall be compacted during the construction process so as to minimize settling.

Stabilization. A berm shall be covered with turf or mulch along with required plant materials.

Effect on stormwater flow. A berm may not be designed or placed so as to divert the normal flow of stormwater to the detriment of surrounding properties.

Placement with respect to existing trees and shrubs. No portion of a berm shall be placed within the root zone of an existing tree or shrub if doing so could compromise the health of such tree or shrub.

Placement within vision clearance triangle. Placement of a berm within a vision clearance triangle shall be consistent with the standards in the Code of the Village of Fox Crossing.

Generally. A buffer yard shall be required at the time of development along the side and rear lot lines of the lot being developed when it abuts another lot in a different zoning district and when the lot being developed was:

Conditional use. As a condition of approving a conditional use, the Planning Commission may require that a buffer yard be incorporated into the project's overall design. The standard imposed shall be based on the degree of incompatibility between the adjoining use and the conditional use.

Dual responsibility. When two adjoining parcels are vacant and they are located in different zoning districts, 1/2 of the required buffer yard shall be located on each parcel (i.e., 1/2 of the required width and 1/2 of the required plants).

Single responsibility. When a vacant parcel adjoins a developed parcel and each are located in different zoning districts, the buffer yard shall be located on the vacant parcel.

Relationship of fencing and plantings. When a fence or berm is used in conjunction with plantings, 1/2 of the required number of landscape points shall be planted between the fence or berm and the property line.

Use of buffer yard. A buffer yard shall be undeveloped, except that the Zoning Administrator may allow the following in a buffer yard:

Use of utility easement. If a utility easement is located along the property boundary line where a buffer yard is also required, the width of the easement may be used to satisfy the width requirement of the buffer yard, in whole or in part, provided none of the required landscaping and/or fencing is located within the utility easement.

Multi-use developments and mixed use. For multi-use developments on a single lot, the use nearest the property line shall determine the buffer yard requirement for that area. For mixed uses (two or more uses in the same structure), the higher intensity use shall be used to determine the buffer yard requirement.

Recordation of easement. The buffer yard shall be shown on the face of the final plat or certified survey map (CSM) with the following narrative:

"The buffer yard(s) shown on the face of this [plat/certified survey map] was established to comply with Article 8 of Chapter 435 of the Village of Fox Crossing Municipal Code in effect at the time of approval. A buffer yard shall not be developed or used, except in conformance with Article 8 of Chapter 435 of the Village of Fox Crossing Municipal Code, and the property owner shall be responsible for maintaining a level of landscaping that meets the buffer yard requirements in effect at the time of filing of this [plat/certified survey map]. This buffer yard may only be removed by the Planning Commission consistent with Article 8 of Chapter 435."

Longevity. Buffer yards shall be maintained in perpetuity. However, the Planning Commission may terminate a buffer yard when the parcel containing the buffer yard is rezoned to the same zoning classification as the adjoining parcel or when the adjoining parcel is rezoned to the same zoning classification as the parcel with the buffer yard. Such termination shall reference the original document depicting the buffer yard and be recorded with the Register of Deeds for Winnebago County.

Ownership. When a buffer yard is required in a subdivision, it shall be held in common by a homeowners' association or shall be incorporated into the adjoining lots.

Step one: identification of required buffer yard standard. Determine which of the two zoning districts allows the most intense development. Find that zoning designation in the top row of Exhibit 8-7. Find the zoning designation of the adjoining district in the left-hand column. Where the two districts intersect, a letter will be shown in that cell (A, B, C, or D) if a buffer yard is required. If the parcel being developed adjoins land in a city or village, that municipality's zoning classification that most closely corresponds to the Village's zoning classification shall be used to determine buffer yard requirements.

Step two: identification of detailed buffer yard requirements. In the next step, the developer chooses how the required standard will be met. For each standard, a variety of width, landscaping point, berm, and fence combinations is possible, as listed in Exhibit 8-8. For example, if a developer is required to install a buffer yard of Type A, then that developer would have three options (A-1, A-2 or A-3) with which to meet that requirement. The requirements shall be provided for each 100 feet or fraction thereof. Different landscaping point options may be used along the length of a buffer yard, provided no such segment is less than 100 feet.

The provisions of this division apply to the following:

Landscaping requirements may also be found in Chapter 394, Development Standards and Site Plan Review, of the Village of Fox Crossing Municipal Code. Whichever landscaping requirements are more restrictive shall apply.

Minimum amount required. A minimum of 60 landscape points shall be provided along a public street right-of-way on a prorated basis for every 100 linear feet of frontage.

Placement on lot. Plants required by this section 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.

Use of various plant types. Shrubs shall not be used to meet this requirement. A minimum of 50% of the required landscape points shall be devoted to tall deciduous trees and a minimum of 30% of the points shall be devoted to medium deciduous trees.

Minimum amount required. A minimum of 40 landscape points shall be provided on a prorated basis for every 100 feet of building foundation perimeter. For example, a building with a perimeter of 180 feet must provide a minimum of 72 landscape points [(180/100)*40] = 72.

Placement on lot. Plants required by this section shall be placed so that, at maturity, the dripline of each plant is generally located within 10 feet of the building foundation. As a general rule, plants shall be distributed around the entire perimeter of the building. Such landscaping shall not be located in those areas required for landscaping as street frontages or parking areas.

Use of various plant types. Climax trees and tall trees shall not be used to meet building foundation landscape requirements. 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 ground-mounted HVAC units and utility boxes.

Anticipated future development. Where an approved site plan depicts a future building extension, the foundation landscaping requirement shall be calculated by measuring the length of the total perimeter. However, foundation plantings need only be installed based on the landscape points calculated from the portions of the building perimeter that will not be affected by building extension. If this results in point requirements which are not met through the initial planting, then such requirement shall be met within five years of building permit issuance, or as extended in writing by the Administrator.

Minimum amount required. A minimum of 120 landscape points shall be provided on a prorated basis for every 10,000 square feet of paved area. For example, a minimum of 303 landscape points are required within a parking area consisting of 25,200 square feet (approximately 63 stalls) as follows: (25,200/10,000)*120 = 303.

Use of various plant types. A minimum of 30% of all landscape points shall be devoted to tall trees and a minimum of 40% of all points shall be devoted to shrubs.

Placement within a landscaped area. A minimum of 300 square feet of landscaped area shall be located within the perimeter of the paved area for the placement of every 100 landscape points.

Bioretention areas. Bioretention areas that are used to treat stormwater runoff from parking areas should be integrated into landscape areas as may be required in this section.

Minimum amount required. A minimum of 10 landscape points shall be provided within the interior of the lot on a prorated basis for every 1,000 square feet of building floor area. For example, a minimum of 23 landscape points are required on the interior of a lot having a building floor area of 2,300 square feet: (2,300/1,000)*10 = 23.

Placement on lot. Plants required by this section shall be located away from required landscaping for building foundations, street frontages, and parking lot areas.