New Glarus City Zoning Code
ARTICLE XVII
Landscaping, Screening and Woodland Preservation Regulations
[Added 2-6-2007 by Ord. No. 07-01]
§ 305-134 Purpose.
The purpose of this article is to indicate the minimum requirements for the landscaping of street frontages, highway buffer yards, paved areas, building foundations; and landscaped buffer yards; for screening of outdoor trash areas and other outdoor storage; and for the preservation and restoration of woodland areas.
§ 305-135 Landscaping standards.
A.
Applicability. Any use for which site plan review is required under § 305-94, or for which a variance is required, shall provide landscaping in accordance with the regulations of this section. A landscape plan prepared by an individual experienced in landscape design in accordance with this section shall be submitted as part of all applications for site plan review under § 305-94. In the event that a proposed addition, or last in a series of additions, would bring the total building size to 133% or greater than the original building size, all quantitative landscaping standards in this section shall be met in full. In other instances, the quantitative landscaping standards shall be met to the extent determined practical by the Planning Commission.
B.
Required landscape plan. All proposed landscape plantings, berm elevations, and screening structures to be located on the subject property shall be depicted as to their location, type, and size at time of planting and maturity.
C.
Landscape planting requirements. Landscaping (living plants) shall be provided based on the following requirements. These requirements are additive to each other and any other landscaping or screening requirements in this chapter. By approval of the Plan Commission, required landscaping points may be shifted between areas (e.g., paved areas to building foundations). Credit for existing landscape plantings that are retained and protected with the development of this site shall be allowed. The point system is described in greater detail in Subsection D.
[Amended 11-21-2023 by Ord. No. 23-07]
(1)
Streets and highways.
(a)
Street frontages. One large deciduous tree shall be planted for each 50 feet of property line along public street rights-of-way and private streets. Said trees shall be planted in the public terrace equidistant from the curb and the normal sidewalk line (except where conflicting with utilities), or on the private site within 10 feet adjoining the public right-of-way or private street, at the discretion of the Village. This requirement shall not apply along highways where Subsection C(1)(b) is instead applied.
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(b)
Lots backing onto state and county highways. For all lots backing onto state and county highways, the Plan Commission may instead require landscape buffer yards on private property, meeting the following requirements:
Types of Plants Required | Minimum Quantity of Each Plant Type Required Per 100 Feet of Buffer Yard Length | Minimum Required Buffer Yard Width | Minimum Structure Type |
|---|---|---|---|
Canopy/shade trees | 1.7 | 15 | 2- to 3-foot berm, undulating |
Trees/small deciduous and evergreen | 3.4 | ||
Shrubs | 13.6 |
(2)
Paved areas. One large deciduous tree and 60 points of additional landscaping shall be planted for each 1,500 square feet of new or expanded paving. "Paving" is defined as all hard-surfaced areas, including, but not limited to, parking stalls, driveways, trash enclosure pads, loading docks, sidewalks, plazas and patios, and both paved and gravel surfaces except those exclusively dedicated to recreational use. Plants required in this section shall be installed within landscaped islands within the paved area or within 20 feet of the edges of the paved area.
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(3)
Building foundations. One hundred fifty points of landscaping shall be planted for each 100 linear feet of new or expanded exterior building wall that is visible from beyond the property line. Plants required by this section must be installed within 20 feet of the building foundation.
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(4)
Landscaped buffer yards. There shall be provided and maintained buffer yard screen plantings along any boundary of a nonresidential zoning district which adjoins any residential district or use. The plantings shall be designed to provide an all-season screen, with an opacity of at least 60% at maturity (80% for outdoor storage facilities). Buffer yard landscaping shall have a minimum height of three feet at time of planting and shall be of such size when planted as to reach the necessary screening height within three years of planting. The use of berming or an opaque fence constructed of materials compatible with the building on the site may be approved by the Plan Commission in addition to or in lieu of landscaping. The location of buffer yard plantings shall be within 25 feet of the property line, except where necessary to avoid utility easements.
(5)
General yard areas. 100 additional points of landscaping shall be planted for each 5,000 square feet of total disturbed parcel area, excluding those areas in and within 10 feet of a street terrace, in or within 20 feet of a building, in or within 20 feet of an athletic field or paved area (including those used for recreation), in a required landscaped buffer yard, or being reserved for a future phase of development. Landscaping required by this standard should be placed where the Commission deems appropriate on the site but generally in those areas not covered by other provisions of this section.
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(6)
Other green areas. Green areas of the site not used for landscape plantings shall be graded and seeded or sodded with an acceptable maintainable lawn seed mix. Mulch of plantings or planting beds is acceptable, provided that such mulching consists of organic or natural materials. Mulches shall be installed so that they will not erode, fall, be plowed or otherwise transported into walks, drives, streets or other hard-surfaced portions of the site. Functional weed barriers shall be installed in all areas to be mulched.
D.
Landscaping point credits. Credit for landscape plantings will be granted based on the following schedule:
(1)
Large deciduous tree (mature height more than 25 feet): 150 points.
(2)
Small deciduous tree (mature height less than 25 feet): 60 points.
(3)
Evergreen tree: 40 points.
(4)
Shrub (deciduous or evergreen): 20 points.
(5)
Annual/perennial bed: 20 points per 20 square feet of bed.
E.
Minimum landscaping size. At time of planting, plants must be the following size:
(1)
Large deciduous tree: two-inch diameter at breast height.
(2)
Small deciduous tree: one-and-one-half-inch diameter breast height or five feet in height for clump varieties.
(3)
Evergreen tree: four feet in height.
(4)
Shrub: 18 inches in height.
(5)
Annual/perennial bed: minimum 20 contiguous square feet in area.
F.
Installation. All landscaping shall be installed consistent with industry-accepted standards and shall be guaranteed by the applicant or the applicant's contractor for two years. Installation shall occur prior to occupancy or commencement of operations, unless doing so would result in unsatisfactory plant survival. In this case, landscaping shall be installed within six months of occupancy or commencement of operations, and the Village may require a performance guarantee, such as a letter of credit, before a permit for building occupancy is granted and until such landscaping is installed according to plan.
G.
Landscape maintenance. Landscaping required by this subsection is intended to be a permanent site improvement. As such, all landscaping shall be continually maintained in a live state. Maintenance shall include periodic and timely watering, fertilizing, pruning and any other such normally required horticulture activity necessary to keep all landscaping in a healthy, safe and aesthetically pleasing state. Recognizing that over time plants may mature and die or otherwise expire because of natural or unnatural causes, maintenance shall include the removal and replacement of dead or dying plants. Such replacement shall occur within the same year in which a plant dies or in the spring planting season of the following year.
H.
Location in utility easements. Planting in utility easements is at the risk of the property owner. Any plants that must be removed because of utility work within such easements shall be replaced by the property owner at his or her cost.
I.
Required screening for trash areas.
(1)
All garbage cans, dumpsters, trash and recycling containers, and other storage devices situated on any property shall be closed containers with lids.
(2)
Where such containers are located outside a building, they shall be completely concealed or screened from public view on at least three sides by opaque fencing and gates at least six feet in height, supplemented by screen landscaping. Such fence enclosure shall be constructed of materials compatible with the materials on the front building wall of the main building. Any existing screens not meeting the height requirements need not be replaced solely as a result of the height requirement. However, once the screening requires substantial repair or replacement, it must conform with the height requirement of this chapter.
(3)
All new outside trash dumpsters shall be placed upon a dustless, all-weather hard surface such as concrete or asphalt.
(4)
Maintenance. Fencing and landscaping for storage areas shall be maintained in good condition and kept litter-free. All garbage cans, trash containers, and other garbage storage devices shall be emptied and the contents properly disposed of not less than once every seven days.
(5)
No portion of the lot shall be used for open or unenclosed storage of trash or waste of any kind.
J.
Additional screening for outdoor storage areas. In cases where the nonresidential use includes areas dedicated to the outdoor storage of raw materials, finished and unfinished goods, industrial by-products and similar materials, and where the impact of such outdoor storage is deemed detrimental to the use and value of adjacent properties, the Plan Commission may require additional landscape plantings and/or screening structures for those areas in excess of those specified in Subsections A to I above.
§ 305-136 Vision clearance on corner and alley lots.
[Amended 3-3-2020 by Ord. No. 20-03]
A.
Except as provided within § 305-18D(6), within a triangle formed by two intersecting public street right-of-way lines and a third line joining a point along each right-of-way line 15 feet from their intersection, and within a triangle formed by an intersecting public street and private driveway and a third line joining a point along each right-of-way or driveway pavement edge 10 feet from their intersection:
(1)
No wall, fence or earth mound shall be permitted which materially impedes vision above the height of 2 1/2 feet.
(2)
No vegetation shall be permitted which materially impedes vision between the height of 2 1/2 feet and eight feet.
B.
See also Figure 305-1 in § 305-45 for a graphical representation of this requirement.[1]
[1]
Editor's Note: Figure 305-1 is included as an attachment to this chapter.
§ 305-137 Woodland preservation.
A.
Applicability. All new development (including building construction, other site improvements and/or site preparation), additions to existing development (including building construction, other site improvements and/or site preparation), certified survey maps, subdivision plats, and condominium developments shall comply with the woodland preservation standards set forth in this section.
(1)
Removal of existing mature woodlands other than those grown for commercial purposes from a property before any development approvals from the Village are sought shall not be allowed unless the property owner first obtains an occupancy permit under § 305-93 and meets the standards of this section for woodland preservation or mitigation. All woodlands required to be protected shall remain undisturbed and in a natural state except where mitigation is permitted in accord with requirements set forth in this section.
(2)
Existing woodlands, as applied to this article, shall be based on the following sources:
(a)
The most recent aerial photographs (one inch equals 400 feet) prepared by the Southwestern Wisconsin Regional Planning Commission or Green County.
(b)
A field survey of trees compiled by a professional land surveyor and identified by a landscape architect, forester, arborist, or botanist with a professional degree in one of those fields.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(3)
The area of mature woodlands, in square feet or acres, shall be measured and graphically delineated on the site plan and/or application for occupancy permit.
B.
Definitions. For purposes of this article, the following definitions shall apply:
WOODLAND, MATURE
An area or stand of trees with a total combined canopy of at least one acre, with at least 50% of the trees having a diameter at breast height of at least six inches. No area or stand of trees specifically planted and grown for commercial purposes shall be considered a mature woodland.
C.
Preservation standards. Sixty percent of the mature woodlands, as defined in Subsection B, shall be preserved, unless mitigation under this section is allowed.
D.
Mitigation approach. The Village of New Glarus recognizes that, under certain circumstances, property owners, subdividers, or developers may wish to preserve less than the minimum percentages of woodlands normally required to be preserved under Subsection C. The intent of this subsection is not to permit greater destruction of woodlands than is permitted under the requirements of this section for typical property or development. This section sets specific standards for use when the extent of tree-covered land on a site and the use of the regulations would create a hardship for the efficient development of the site, in the determination of the Plan Commission.
E.
Mitigation standards. The following methods, requirements, standards and/or criteria shall be followed where mitigation is permitted:
(1)
Mitigation shall include the planting of two acres of new trees for every one acre of disturbed tree covered land for which mitigation is required, beyond the landscape planting standards included elsewhere in Article XVII.
(2)
On-site mitigation is preferred. The land upon which the mitigation is to take place shall be protected with a deed restriction and conservation easement as a permanent natural resource features conservation easement. Any off-site mitigation shall take place within the incorporated Village of New Glarus.
(3)
Woodlands may be mitigated under the following requirements on a per-acre basis, except that the Plan Commission may approve different sizes and types of plantings in mitigation areas where site conditions or context warrant:
(a)
Twenty-five canopy trees, minimum two-inch diameter at breast height.
(b)
Twenty understory trees, minimum four-foot-high whips.
(c)
Twenty-five shrubs, minimum 12 inches high.
(4)
The species of plants to be used in the mitigation of tree-covered land shall generally be similar to those destroyed. Acceptable species for tree mitigation are as indicated in the following table. No more than 80% of the total number of trees planted for mitigation purposes shall be of any single species.
Species Common Name | Species Scientific Name |
|---|---|
Sugar Maple | Acer saccharum |
Bitternut Hickory | Carya cordiformis |
Hackberry (Sugarberry) | Celtis occidentalis |
Butternut | Juglans cinerea |
Black Walnut | Juglans nigra |
Eastern Hophornbeam | Ostrya virginiana |
Black Cherry | Prunus serotina |
White Oak | Quercus alba |
Red Oak | Quercus borealis |
American Basswood | Tilia americana |
American Elm | Ulmus americana |
Slippery Elm | Ulmus rubra |
§ 305-138 Exceptions and interpretation.
A.
Permanent waivers. In the event that terrain or other natural features are such that the erection of obscuring berms or planting strips, walls or fences will not serve the intended purpose, as determined by the Planning Commission, then no such screening, fences or wall shall be required.
B.
Variance. Other modifications of this article may be obtained by application for a variance.