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Grundy County Unincorporated
City Zoning Code

CHAPTER 9

LANDSCAPING AND TREE PROTECTION

8-9-1: GENERAL REQUIREMENTS:

   A.   A landscape plan shall be submitted for the initial site plan and for the subdivision submittals of the preliminary and the final plats.
   B.   The landscape plan shall contain the following information:
      1.   Date, scale, north arrow, title block, and landscape architect seal and signature. (Ord. 2012-012, 4-10-2012)
      2.   Size and quantity of the plantings including the species' names, both common and botanical names, and the locations of those plantings.
      3.   Existing conditions including topography at two foot (2') contour lines, trees survey (if necessary), plantings, and any other landscape features such as rock outcroppings on the site. This plan shall identify existing trees having a trunk size of four inches (4") measured six feet (6') from grade. The information shall also include the general health of the tree, species, diameter and height.
      4.   Landscaping for all areas on the site including, but not limited to, parkway detail, interior parking lot areas, foundation plantings, and perimeter detention/retention areas.
      5.   A protection plan for existing landscaping shall be provided for the construction phases of the development.
      6.   Location of all buildings, structures, and pavement that are proposed will remain on the site.
      7.   Location of any watercourses, ponds, or lakes.
      8.   Any information that the land use department finds necessary for an adequate review of the proposal. (Ord. 10-001, 1-12-2010)

8-9-2: SITE PROTECTION AND GENERAL PLANTING REQUIREMENTS:

   A.   Topsoil Preservation: Topsoil moved during the course of construction shall be redistributed on all regraded surfaces so as to provide at least six inches (6") of even cover to all disturbed areas of the development and shall be stabilized by seeding or planting.
   B.   Removal Of Debris: All stumps and other tree parts, litter, brush, weeds, excess or scrap building materials or other debris shall be removed from the site and disposed of in accordance with the law. All dead or dying trees, standing or fallen, shall be removed from the site. Trees and limbs that are reduced to chips are encouraged to be used as mulch in landscaped areas. (Ord. 10-001, 1-12-2010)
   C.   Protection Of Existing Landscaping: The following restrictions shall be followed for areas that are designated as preserved landscape areas:
      1.   Barriers: Temporary barriers shall be placed in areas where preservation is indicated on the landscape plans. The barriers shall provide protection of the areas such that erosion control is established such as silt fences and have signage that specifically states restrictions. Barriers shall be self- supporting and be a minimum of four feet (4') in height and constructed of a durable material that will be maintained until the construction is completed.
      2.   Grading: Grading and construction equipment is prohibited from encroaching on the drip line of any trees that are indicated as preserved. No material or temporary soil deposits shall be placed within four feet (4') of shrubs or the drip line of trees within the preserved areas.
      3.   Material Deposited: Limestone or any other material that is detrimental to trees, shall not be discarded or placed within the drip line of any trees nor shall material be located at an elevation which would contribute runoff of such material toward the tree(s).
      4.   Utility Lines: Utility lines that are located within five feet (5') of a trunk of a preserved tree shall be augured to prevent root damage to the tree.
      5.   Pruning: Trees that are located within the preserved area which have been subjected to the activity within the drip line should be selectively pruned or thinned a minimum of ten percent (10%). All dead wood shall be removed. (Ord. 2012-012, 4-10-2012)
      6.   Slope Plantings: Landscaping of all cuts and fills and/or terraces shall be sufficient to prevent erosion, and all roadway slopes steeper than one foot (1') vertically to three feet (3') horizontally shall be planted with ground cover appropriate for the purpose and for soil conditions, water availability, and the environment. (Ord. 10-001, 1-12-2010)

8-9-3: LANDSCAPING AND BUFFER AREAS:

   A.   Applicability And Exemptions:
      1.   Landscaping requirements that are set forth within this section shall apply to all improvements to a parcel with the exception of the following:
         a.   Agriculture uses and structures.
         b.   Single- and two-family dwelling units.
   B.   New Development: Landscaping requirements shall apply to all new development described below:
      1.   A nonresidential zoning district adjacent to a residential use or residential zoning district.
      2.   A two-family or multi-family use that is adjacent to a single- family detached use or a single-family detached zoning district.
      3.   Commercial driveways, parking areas, and outdoor trash containers located on main arterial streets.
      4.   Parking lots that contain more than four (4) parking spaces that are located less than forty feet (40') from a residential zoning district or use or street right of way line.
      5.   Outdoor storage of goods, products, materials, supplies, machinery, equipment, or commercial vehicles.
      6.   Outdoor trash facilities.
      7.   Planned use or special use development with mixed uses. (Ord. 10-001, 1-12-2010)
   C.   Landscape Points: Landscape points shall be assigned as the following:
TABLE 8-9-3
LANDSCAPE POINTS
 
Tree classification:
Point Value
Shade tree
20 points
Evergreen tree
20 points
Intermediate tree
20 points
Shrub classification:
 
Evergreen shrubs
5 points
Deciduous shrubs
3 points
 
(Ord. 2012-012, 4-10-2012)

8-9-4: FRONT YARD REQUIREMENTS:

   A.   Landscape plans for front yards shall have a total amount of landscape points equivalent to taking the length of the front property line and dividing by two (2).
   B.   The minimum points that shall be used shall be eighty (80) landscape points and shall be balanced appropriately between the shrubs and trees.
   C.   Berms may contribute to up to fifty percent (50%) of the total landscape points for that portion of the landscaped yard. Berm heights of at least two and one-half feet (2'6") will receive credit based on the following:
      1.   Berm height in feet x 10 = % of points credited (0.5') increments:
         a.   Example: 100'0" long berm at 2.5' high x 10 = 25% of points credited for that landscape yard.
      2.   Berm heights of five feet (5') or more shall be credited a maximum of fifty percent (50%) of the points required for that portion of the landscape yard.
      3.   When berms are used in combination with fencing for required screening, credit will be given for either the berm or the fence but not for both. (Ord. 2012-012, 4-10-2012)

8-9-5: PARKING LOT LANDSCAPE REQUIREMENTS:

   A.   Parking lot landscaping shall be evenly dispersed throughout the off street parking areas in internal islands, in terminal medians, and along the perimeter of the parking lot area.
Landscaping within the interior of off street parking areas shall be improved with one canopy tree or one understory tree and a minimum of one hundred (100) square feet of landscape area for every twelve (12) parking spaces.
      1.   End islands shall be a minimum width of nine feet (9') and a minimum length of three feet (3').
      2.   Intermediate and half end islands shall be a minimum width of nine feet (9') and minimum length of eighteen feet (18'). In the case of angle parking, the perpendicular from the center of the parking bay to the aisle shall be the minimum length.
      3.   Corner islands shall be a minimum of eighteen (18) square feet, except in the case of angle parking, where the perpendicular length of the stall from the centerline of the parking bay shall be the minimum dimension.
      4.   Center islands between head-in parking and drive islands shall be a minimum width of nine feet (9') and the same length as the parking bay. (Ord. 2012-012, 4-10-2012)
   B.   Perimeter off street parking areas adjacent to a buffer zone shall be improved with three (3) plant units per one hundred feet (100') of linear distance surrounding the parking area. (Ord. 10-001, 1-12-2010; amd. Ord. 2012-012, 4-10-2012)

8-9-6: PERFORMANCE STANDARDS:

   A.   All landscape plans shall fully meet the following performance standards of this section in order to receive approval:
      1.   Landscaping shall not impede the line of sight necessary for motorists and pedestrians to move into, out of, and within the site.
      2.   Landscaping materials shall be selected and placed in such a manner that they do not interfere with or damage existing utilities.
      3.   Landscaping materials shall be selected and placed such that the materials do not inhibit the safe and enjoyable use of surrounding properties.
      4.   Landscaping should reduce the intrusion of headlights and other glare and also provide a buffer between pedestrians and vehicles.
      5.   Landscaping should offer a visual separation or screen between land uses that have intense activities or significantly different appearances or that are otherwise incompatible to some degree. (Ord. 10-001, 1-12-2010)

8-9-7: INCENTIVES:

   A.   Incentive For Preserving Existing Landscaping: Existing landscaping that is in vigorous growing condition and is not specifically prohibited by this title may count toward meeting the point requirements of this section. Furthermore, the following plant materials will be awarded five (5) additional points (added to the base value) per tree when preserved:
      1.   Shade trees: Twelve inch (12") diameter trunk or greater.
      2.   Intermediate trees: Fifteen foot (15') height or taller.
      3.   Evergreen trees: Fifteen foot (15') height or taller.
   B.   Incentive For Planting Larger Landscape: Planting of landscaping larger than the minimum required sizes as specified herein will be rewarded with five (5) additional points (added to base value) per tree when the proposed sizes are as follows:
      1.   Shade trees: Four inch (4") diameter or greater.
      2.   Intermediate trees: Ten foot (10') height or taller.
      3.   Evergreen trees: Ten foot (10') height or taller. (Ord. 10-001, 1-12-2010)

8-9-8: LANDSCAPE STANDARDS FOR STREETS:

   A.   Subdivisions And Local Streets: Subdivisions and local streets shall have two (2) canopy trees per one hundred feet (100') of road frontage.
   B.   Arterial/Collector:
      1.   Residential uses abutting an arterial or collector street shall have three (3) plant units per one hundred feet (100') of road frontage.
      2.   Nonresidential uses abutting an arterial or collector street shall have one plant unit per one hundred feet (100') of road frontage. (Ord. 10-001, 1-12-2010)

8-9-9: GENERAL LANDSCAPE REQUIREMENTS:

   A.   Conformance: All plants shall conform to the "American Standards For Nursery Stock", latest edition according to the current standards of the American Association Of Nurserymen.
   B.   Plant Availability And Hardiness: All plants used in landscape plans shall be hardy in USDA zone 5.
   C.   Deciduous Shade And Street Trees: Deciduous shade and street trees shall be fully branched, and have a minimum caliper of three inches (3"), except for single lot residential development, which shall have a minimum caliper of two and one-half inches (21/2") as measured six inches (6") above ground level. Specimens shall be properly pruned to maintain a natural form.
   D.   Ornamental Trees: Ornamental trees shall be fully branched, and have a minimum caliper of two and one-half inches (21/2") for single lot residential development, which shall have a minimum caliper of two inches (2"), as measured six inches (6") above ground level. Specimens shall be properly pruned to maintain a natural form and effective screening.
   E.   Evergreen Trees: Evergreen trees shall have a minimum height of eight feet (8'), except for single lot residential development, which shall have a minimum height of six feet (6'). Trees shall be fully branched to the ground.
   F.   Columnar Evergreens: Columnar evergreens shall have a minimum height of four foot (4') and shall be fully branched to the ground.
   G.   Tall Shrubs And Plants: Tall shrubs shall be supplied in five (5) gallon or larger containers, or balled and burlapped. Plants shall measure at least thirty six inches (36") in height and shall be fully branched to the ground. Shrubs shall be properly pruned to maintain effective screening.
   H.   Low Shrubs And Plants: Low shrubs shall be supplied in two (2) gallon or larger containers for residential developments or five (5) gallon or larger containers for nonresidential development. Plants shall measure at least eighteen inches (18") in height or spread for residential development and at least twenty four inches (24") in height or spread for nonresidential development.
   I.   Ground Cover Plants: Ground cover plants shall be planted so that an effective covering is obtained within two (2) growing seasons, or a maximum spacing of one foot (1') on center, in all directions.
   J.   Hazards: Plant materials, including deciduous trees and evergreen trees, shall not cause a hazard. Landscape plant material overhanging walks, pedestrian or bicycle paths, and seating areas shall be pruned to a minimum height of eight feet (8'); and to a minimum height of twelve feet (12') over streets and highways, and above parking lot aisles and spaces.
   K.   Mixture Of Trees: The landscape plan shall provide a mixture of trees such that a maximum of thirty three percent (33%) of the total amount of the required trees will not be of the same genus. (Ord. 10-001, 1-12-2010)

8-9-10: INSTALLATION, MAINTENANCE, AND REPLACEMENT:

   A.   Installation: All landscaping shall be installed according to sound nursery practices in a manner designed to encourage vigorous growth. Sites for plant material shall be prepared or improved in accordance with American Association Of Nurserymen standards for soil preparation and drainage. Friable soil shall be provided in all planting areas, and subsurface drainage shall be provided where berms, elevated areas, or other suitable means for providing proper drainage do not exist. All shrubs shall be of a species that is hardy to the USDA zone 5 restrictions.
   B.   Timing Of Installation: Required trees, shrubs, and sod shall be installed on each lot prior to the issuance of a certificate of occupancy for that lot. The county may issue a temporary certificate of occupancy during winter months, and a final certificate of occupancy when weather permits.
   C.   Maintenance And Replacement: Required trees, shrubs, structures, and other landscape features shall be considered as elements of the project in the same manner as parking, building materials, and other details are elements of the plan. The landowner or successors in interest shall be jointly and severally responsible for the following:
      1.   All landscaping shall be maintained in good condition and in a way that presents a healthy, neat, and orderly appearance. All landscaping shall be maintained free from disease, pests, weeds, and litter. Maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching, or other maintenance, as needed. All maintenance shall be performed in accordance with acceptable horticultural practices.
      2.   The repair or replacement of required landscape structures (fences, etc.) to be in structurally sound condition.
      3.   The regular maintenance, repair, or replacement, where necessary, of any landscaping required by this section; and
      4.   Continuous maintenance of the site as a whole.
      5.   The land use department shall be authorized to require assurance of continued landscape performance and/or maintenance in the form of a condition, covenant, contract, development agreement, or performance/maintenance assurance to assure installation and, for a minimum two (2) year period, the continued maintenance of landscape improvements associated with a development. The amount of the performance assurance shall be at least one hundred twenty percent (120%) of the estimated cost of the required landscape improvements. The maintenance assurance shall be equal to at least ten percent (10%) of the performance assurance.
   D.   Mechanisms Of Providing Guarantees: Performance and maintenance guarantees shall be provided by one or more of the following means. The form and details of the guarantees to be provided shall be as required by the county board and approved by the state's attorney.
      1.   Surety Bond: The applicant shall obtain a security bond from a surety bonding company authorized to do business in Illinois.
      2.   Letter Of Credit: The applicant shall provide an irrevocable letter of credit from a bank or other reputable institution.
      3.   Escrow Account: The applicant shall deposit cash, or other instruments readily convertible into cash at face value, either with the county or in escrow with a bank.
      4.   Subdivision Improvement Agreement: The applicant shall provide as a guarantee a subdivision improvement agreement between the applicant, lender, and county. (Ord. 10-001, 1-12-2010)

8-9-11: PRESERVATION OF TREES AND OTHER VEGETATION:

   A.   Applicability And Exemptions: Tree preservation shall be applied to parcels that are greater than five (5) acres with the exception of the following:
      1.   Agricultural uses.
      2.   Single- and two-family dwelling units which have trees that cover less than twenty five percent (25%) of the parcel.
      3.   Diseased trees or trees that are damaged to the point where they would no longer be considered healthy or pose a danger to the occupant or structure(s).
      4.   For personal use for firewood for single- and two-family dwelling uses.
      5.   For construction purposes where no alternate plan is feasible based on site conditions.
   B.   Tree Removal: No live trees that are four inches (4") or greater in diameter at a height of five feet (5') may be removed without first submitting an application for tree removal and receiving approval.
   C.   Tree Removal Permit: The application for tree removal shall be made to the county land use department. This application must be submitted and approved prior to the site grading plan permit issuance. The plan shall include the following:
      1.   A tree survey showing the location of all trees that are four inches (4") in caliper or greater within one hundred feet (100') of any tree proposed to be removed, including a description of the tree(s), botanical name, common name, caliper size, and general condition or health of the tree(s). The survey shall be completed by an International Society Of Arboriculture certified arborist or Illinois department of natural resources consultant forester.
      2.   Delineation of trees to be removed and trees to be preserved.
      3.   Details and specifications or procedures to be used to protect trees being preserved.
      4.   Location, size, and name of the replacement trees.
   D.   Tree Preservation And Removal Guidelines:
      1.   Preservation: Every reasonable effort shall be made to retain existing trees shown on the tree survey through the integration of those trees into the site plan and landscape plan for proposed development.
         a.   Critical areas, such as forested riparian zones, steep slopes, and wetlands, should be left in their natural condition or only partially cleared where invasive plants are located. Resource preservation standards are listed in section 8-4-2-2, "Resource Protection Levels", of this title.
         b.   Cutting and filling within the vicinity of the preserved trees should be minimal.
         c.   On all lots, the area that is within fifty feet (50') of the front lot line shall be preserved unless there is a demonstrated need for removal due to driveway or utility access.
         d.   On corner lots, existing trees in street side yards that abut collector or arterial streets shall be preserved unless there is a demonstrated need for removal due to driveway or utility access.
         e.   If more than one-third (1/3) of the tree's root system is to be affected by construction (such as compaction of the soil, cutting, etc.), the tree should be part of the removal plan and replaced with the appropriate number of trees.
      2.   Preconstruction Protection Measures:
         a.   A temporary six foot (6') orange construction safety fence, rigid wood fence, or chainlink fence, along with signage, must surround the periphery of the tree drip line as a construction barrier prior to the start of any site work.
         b.   If construction limits encroach within the drip line of the tree, the following procedures will be required:
            (1)   Trunk wrapping from the base of the tree to a height ten feet (10') above grade. No attachments, such as board shall be attached with nails or other fasteners to the tree.
            (2)   Underground utility lines that are proposed within five feet (5') of the preserved trees shall be augured or bored. This should be clearly shown on the plans.
      3.   Tree Removal: Trees shall be removed if the following conditions exist:
         a.   Dead from natural causes.
         b.   Pose a safety hazard to people or property.
         c.   Substantially diseased or weakened by age, storm, fire or other injury.
         d.   The tree removal is of a nuisance tree as listed below:
NUISANCE TREES
Common Name
Scientific Name
NUISANCE TREES
Common Name
Scientific Name
Ash, green
Fraxinus pennsylvanica spp.
Ash, white
Fraxinus americana spp.
Autumn olive
Eleagnus umbellate
Black locust
Robina pseudoacacia
Boxelder
Acer negundo
Common buckthorn
Rhamnus cathartica
Cottonwood
Populus deltoids
European ash
Fraxinus excelsior
Gingko (female)
Gingko biloba
Golden rain tree
Koelreuteria paniculata
Osage orange
Maculra pomifera
Russian olive
Eleagnus angustifolia
Siberian elm
Ulmus pumila
Silver maple
Acer saccharinum
Tree of heaven
Ailanthus altissma
White mulberry
Morus alba
Willow
Salix, spp.
 
      4.   Acceptable Landscaping:
SHADE TREES
Common Name
Scientific Name
SHADE TREES
Common Name
Scientific Name
Coffee tree, Kentucky
Gymnocadius dioica
Ginkgo
Ginkgo biloba
Hackberry
Celtis occidentialis
Honey locust
Gleditsia tricanthos
Linden, American
Tilia americana spp.
Linden, little leaf
Tilia cordata spp.
Linden, silver
Tilia tomentosa
Maple, black
Acer nigrum
Maple, Norway
Acer platanoides spp.
Maple, red
Acer rubrum
Maple, sugar
Acer saccharum
Oak, burr
Quercus macrocarpa
Oak, swamp white
Quercus bicolor
Oak, white
Quercus alba
Pear, Bradford
Pyrus calleryana
Pear, Cleveland select
Cleveland select
Sycamore
Platanus occidentalis
Tulip tree
Liriodendron tulipfera
EVERGREEN TREES
Common Name
Scientific Name
Fir, douglas
Pseudotsuga menziesli
Fir, white
Abies concolor
Pine, Austrian
Pinus, nigra
Pine, Scotch
Pinus sylvestris
Pine, white
Pinus strobes
Spruce, Black Hills
Picea glauca densata
Spruce, Colorado
Picea pungens
Spruce, Norway
Picea abies
Spruce, white
Picea strobes
ORNAMENTAL TREES
Common Name
Scientific Name
Alder
Alnus glutinosa
Birch, river
Betual nigra
Hawthorn, downy
Crataegus molis
Hawthorn, thornless
Crataegus crusgali inermis
Hawthorn, Washington
Crataegus phaenopyrum
Hornbeam, American
Carpinus carolinaiana
Lilac, Japanese tree
Syringa reticulate
Magnolia, saucer
Magnolia soulangiana
Magnolia, star
Magnolia stellata
Redbud
Cercis canadensis
Serviceberry, apple
Amelanchier grandflora
Serviceberry, shadblow
Amelanchier canadensis
 
         a.   Any tree approved for removal shall be replaced with new trees that have a minimum caliper of two and one-half inches (21/2") and shall consist of the shade tree varieties listed under this subsection C4, "Acceptable Landscaping". The tree replacement schedule is as follows:
            TREE REPLACEMENT SCHEDULE
 
Caliper Of Tree (Inches)
Number Of Replacement Trees
30 or greater
6
13 to 29
5
8 to 12
4
4 to 7
2
 
         b.   Any tree that is identified as a preserved tree and is removed or damaged shall be replaced with the following schedule:
         PRESERVED TREE REPLACEMENT SCHEDULE
 
Caliper Of Tree (Inches)
Number Of Replacement Trees
30 or greater
12
13 to 29
10
8 to 12
8
4 to 7
4
 
(Ord. 10-001, 1-12-2010)

8-9-12: INVASIVE NONNATIVE PLANT RESTRICTIONS:

All weeds in excess of fifteen inches (15") in height shall be cut. Failure to cut weeds will require that the zoning officer notify the owner of the lot that if the weeds are not cut within fifteen (15) days of notification that the weeds will be cut at the owner's expense. Failure to pay the cutting fees will require that a lien be placed against the property for that amount.
   A.   Exceptions:
      1.   Native Plantings: The use of native plant species for function, aesthetics, and/or wildlife reasons.
      2.   Wildlife Plantings: The use of native and/or introduced plant species to attract and aid wildlife.
      3.   Erosion Control: To offset and control any soil loss problems both occurring and predicted. Erosion control plantings should be selected in accordance with section 8-9-13, "Natural Landscaping Restrictions", of this chapter.
      4.   Soil Fertility Building: The enrichment and eventual stabilization of soil fertility through the use of various plant species.
      5.   Governmental Programs: Any federal, state or local programs which require the unimpaired growth of plants during a majority or all of the growing season.
      6.   Educational Programs: Any areas designated for educational studies.
      7.   Cultivation: Any plant species or group of plant species native or introduced and grown for consumption, pleasure, or business reasons.
      8.   Biological Control: The planting of a particular plant species or group of species which will effectively out compete and replace a noxious or troublesome weed species without additional soil disturbance of the site.
      9.   Parks And Open Space: Any and all public parks and open space lands whether under the jurisdiction of federal, state or local agencies including private conservation/preservation organizations.
      10.   Wooded Areas: All areas that are predominantly wooded. (Ord. 10-001, 1-12-2010)

8-9-13: NATURAL LANDSCAPING RESTRICTIONS:

   A.   All natural landscaped areas shall have a setback of three feet (3') from the lot line of an adjoining property. The setback area shall consist of turf grass that is maintained.
   B.   Natural landscaped areas shall include features that are conducive to the lighting, soil conditions, and the current landscape of the property. Owners of natural landscaped areas shall have a detailed plan that indicates the species of plants and topography of the site.
   C.   Prescribed burning of native plants should be done. A fire plan shall be provided as part of the landscape plan. The fire plan information shall be provided prior to the burn to the fire district in which the property is located and to the Illinois EPA. Signage shall be provided on the property to indicate that a prescribed burn will be completed for public notice.
   D.   Natural landscaped areas shall include native plantings and shall be free of noxious weeds as listed in subsection 4-8-1A of this code and the weeds as listed below:
      1.   Common ragweed.
      2.   Giant ragweed.
      3.   Japanese honeysuckle.
      4.   Multiflora rose. (Ord. 10-001, 1-12-2010)

8-9-14: STORMWATER BASIN LANDSCAPING:

   A.   Applicability: All stormwater retention and detention facilities shall apply the following landscaping requirements:
      1.   Native prairie grasses, grass like species, wildflowers, and wetland species shall be planted in and around stormwater basins. Trees, shrubs, and native plantings may be included in the planting schedule of the basins above the high water line of the basins.
      2.   Stormwater basin planting area shall include:
         a.   The bottom and side slopes of dry basins or ponds from the normal water line to ten feet (10') beyond the high water line.
         b.   The submergent, emergent wet meadow and upland zones of wetland basins, wet basins, or ponds shall be planted with native plantings that are conducive to the region in which they are planted.
   B.   Stormwater Basin General Landscape Requirements:
      1.   All plants specified, excepting temporary cover crop, shall be native to the north central region of the United States.
      2.   A minimum of five (5) native grasses, which may include rush and sedge species, and twenty five (25) native wildflower species, shall be included in the planting area.
      3.   Seventy percent (70%) of native nonwoody species shall have a mature height of at least thirty inches (30") to provide sufficient plant height and density for goose control.
      4.   Safety ledges in ponds shall be planted with native wetland species.
      5.   Cover crop shall consist of noninvasive species compatible with the establishment of native plantings.
      6.   Specify erosion control measures for seedling and planting.
      7.   Plantings shall be designed to provide a variety of blooming periods throughout the year.
   C.   Establishment Requirements: Areas to be planted with native species shall conform to the following requirements to ensure establishment:
      1.   Planting area shall not exceed a five to one (5:1) slope.
      2.   Where space allows, areas up to one foot (1') above the normal water line shall not exceed a ten to one (10:1) slope.
      3.   Planting areas shall have at least twelve inches (12") of clean uncompacted topsoil. Subsoils shall be loosened and topsoil applied to minimize compaction.
      4.   Cover crop may be planted immediately after grading to prevent erosion if conditions are conducive for native species seeding. Permanent native species shall be planted during the first available growing season at the appropriate time and conditions for such plantings.
      5.   Open areas shall be separated within three feet (3') of adjacent properties with mowed turf or short native grass. The grasses shall be regularly mowed to serve as a physical separation between native plantings and adjacent properties.
      6.   Paths within the native landscape area shall be no more than four feet (4') in width and shall not be asphalt or oil granular material. Paths may access shoreline of permanent water areas along no more than a total of twenty percent (20%) of the shoreline length.
      7.   Trees and shrubs shall not interfere with access easements and access to stormwater basins for maintenance purposes.
      8.   Plantings shall meet the following minimum annual performance criteria. A report shall be provided to the land use department indicating the status of these annual evaluations. Areas which do not meet annual establishment standards as determined by the county shall be replanted at the developer's/owner's expense.
         a.   First year: Ninety percent (90%) of cover crop established. No bare areas greater than two (2) square feet. Invasive species control measures approved in the plan.
         b.   Second year: Full vegetative cover. At least fifty percent (50%) of vegetation present shall be native noninvasive species. Invasive species control measures approved in the plan.
         c.   Third year: At least seventy five percent (75%) of vegetation present shall be native noninvasive species. Nonnative species shall constitute no more than twenty five percent (25%) of relative aerial coverage of the planted area. Invasive species control measures approved in the plan.
            (1)   A compliance report shall be submitted by the owner's/developer's certified landscape architect no less than sixty (60) days prior to the expiration of the landscape letter of credit certifying that the planting meets the performance criteria and requesting the release of the landscape letter of credit. Final acceptance and release shall be determined by the county upon inspection to verify compliance.
   D.   Long Term Maintenance: Stormwater basin native plantings shall be maintained according to approved management practices as provided for in subdivision covenants or easement, following final acceptance of the planting by the county.
      1.   Prescribed burning annually or at least every three (3) years is the best management practice for established native prairie plantings. Burning requires a permit from Illinois EPA and notification of the local fire district. Burning shall be performed by a contractor that has experience in burning natural landscape.
      2.   Late fall or early winter mowing to a height of six (6) to twelve inches (12") with removal of hay may be performed in alternate years where burning is not practical or conditions are not conducive to burning.
      3.   Application of herbicide to control invasive species may be necessary if burning does not control or eliminate them. A certified and licensed pesticide applicator shall select a herbicide which is nontoxic to animal and aquatic life and shall apply the herbicide by the appropriate method to prevent killing of desirable native species. (Ord. 10-001, 1-12-2010)