(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 disturbing of land so as to:

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;

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;

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

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

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

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

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

Reduce stormwater runoff and the cost associated therewith and replenish the groundwater supplies;

Provide moderation of temperatures;

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

Protect and increase property value.

(B)

Tree Removal:

(1)

Approval Required: Unless otherwise specifically authorized in this Code, it shall be unlawful for any person without written approval from the community development director or his/her authorized designee, to remove, injure, destroy or undertake any procedure, the result of which is to cause the death or substantial destruction of any tree within the village limits having a trunk size of four inches (4") or greater, a multi-branch tree with an aggregate diameter of eight inches (8") or greater as measured at diameter breast height (fifty-four inches (54")) above the established ground level, or evergreen trees measuring five (5) vertical feet or more in height. The tree removal permit request shall include the following:

(a)

The applicant's name and address if different than the owner, and his interest in the property;

(b)

Owner's name and address and the owner's consent to remove the tree;

(c)

Address or legal description of the property;

(d)

Name, address and phone number of contractor or other person who will have the responsibility for tree removal;

(e)

A written statement indicating the reason for removal;

(f)

The tree name, including genus and species;

(g)

Size, location and condition of the tree(s) to be removed.

(2)

Exempt Properties: Single-family, duplex, or townhome residential lots with an existing dwelling unit, owned in fee simple. Common areas located in planned unit developments (PUDs) and those subject to the provisions of section 154.52, "Single-Family Residential Tear Downs and Replacement", of this chapter, are not exempt and must comply with the tree preservation requirements.

(3)

Conditions of Approval: Except for street trees whose removal shall be considered by the village board, the community development director or his/her authorized designee shall consider and may approve all requests for tree removal if one (1) or more of the following conditions are present:

(a)

Safety Hazard to Pedestrian or Vehicular Traffic: Necessity to remove trees which pose a safety hazard to pedestrian or vehicular traffic or threaten to cause a disruption of public safety.

(b)

Safety Hazard to Buildings or Underground Structures: Necessity to remove trees which pose a safety hazard to a building or underground structures such as sewers or water mains.

(c)

Diseased or Weakened Trees: Necessity to remove trees harboring harmful insects or disease(s) that constitute a threat to other trees, or trees weakened by age, storm, fire or other injury.

(d)

Adherence to Good Forestry Practice: Necessity to observe good forestry practice, i.e., the number of healthy trees a given parcel of land will support or when removal will enhance a tree preservation area and the health of the remaining trees.

(e)

Approved Landscape Plan: A plan indicating trees to be removed accompanied by a revised landscape plan which meets the requirements of section 154.136 "Landscape and Screening" has been approved for the site.

(f)

Exhausted All Reasonable Efforts: Exhaustion of all reasonable efforts to preserve the tree.

(g)

Invasive Trees: The necessity to remove invasive trees in order to achieve goals of ecological restoration efforts. Invasive trees include, but are not limited to, buckthorn, black locust, Siberian elm, Chinese elm, slippery elm, and box elder. At the discretion of the community development director, approvals to remove invasive trees may require the submittal of a restoration plan for the subject area.

(4)

Emergencies: A tree emergency shall be deemed to exist when:

A tree has become an imminent danger or hazard to persons or property as a result of fire, motor vehicle accident, or natural occurrence such as lightning, windstorm, ice storm, flood or other similar event; or

A tree must be removed in order to perform emergency repair or replacement of public or private water, sewer, electric, gas, or telecommunications utilities.

In the event of emergency conditions requiring the immediate cutting or removal of a tree or trees protected by this section in order to avoid danger or hazard to persons or property, a verbal emergency permit will be issued by the community development director or his/her authorized designee without formal application.

In the event of such emergency, if the community development director or his/her authorized designee are unavailable, it shall be lawful to proceed with the removal of the tree(s) without permission. The person taking such action shall document the reasons for the tree emergency by photography or videotape of the tree emergency condition and the damage or hazard created by such condition, and shall report the action taken to the community development department within two (2) business days after the action is taken.

(C)

Protection of Existing Trees:

(1)

Requirements for Preservation of Existing Trees: A tree survey, tree preservation plan, and landscape plan are required for all development activity requiring site plan review. Site plan review will not commence until such materials are submitted to the community development director or his/her authorized designee in an acceptable form.

(2)

Integration of Existing Trees Into Site and Landscape Plans: Every reasonable effort shall be made to retain existing trees in all development requiring site plan review through the integration of those trees surveyed into the site and landscape plan for the proposed development. Removal of trees designated for preservation shall only be allowed by amendment to the approved landscape plan and shall require village board approval.

The root zone of protected trees on lots adjacent to the lot in question on which construction activity will take place shall be carefully reviewed and considered during site plan review. Every effort shall be made during the architectural layout and design of the proposed development to preserve trees located within fifteen feet (15') of the lot line on adjacent lots through sensitivity to the root zone of said trees.

(3)

Tree Survey: A tree survey shall be submitted at the time of site plan review, or as required by the community development director and shall include the following:

(a)

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 or a multibranch tree with an aggregate diameter of eight inches (8") or greater, as measured at diameter breast height (fifty-four inches (54")) above the established ground level, all evergreen trees measuring five (5) vertical feet or more in height, and all trees that are located within fifteen feet (15') of the lot line on adjacent parcels that fall within the size classifications as listed above. All trees illustrated on the tree survey shall be numbered on the plan and tagged with the corresponding number on the site.

(b)

Location of site, scale, north arrow, location of buildings (existing and proposed) and the excavation limits required to construct proposed improvements, location of parking areas, all natural features, and any other relevant existing or proposed information.

(c)

The overall condition of each tree such as health and form as it relates to preservation. The condition of the trees shall be based on a 5-point scale with 1 being the best and 5 the worst.

The assignment of the category ratings to specific trees is subject to the approval of the community development director or his/her authorized designee which shall make the final determination. The community development department may, at its discretion, retain an urban forestry consultant to assist the village to be paid by the petitioner.

(d)

The scale of the tree survey shall be consistent with the engineering plan, site plan and landscape plan.

(4)

Tree Preservation Plan: A tree preservation plan shall be submitted at the time of site plan review, or as required by the community development director and shall include the following:

(a)

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 or a multibranch tree with an aggregate diameter of eight inches (8") or greater, as measured at diameter breast height (fifty-two inches (52")) above the established ground level, all evergreen trees measuring five (5) vertical feet or more in height, and all trees that are located within fifteen feet (15') of the lot line on adjacent parcels that fall within the size classifications as listed above. All trees illustrated on the tree preservation plan shall be numbered on the plan and tagged with the corresponding number on the site.

(b)

Location of site, scale, north arrow, location of buildings (existing and proposed) and the excavation limits required to construct proposed improvements, location of parking areas, all natural features, and any other relevant existing or proposed information.

(c)

The scale of the tree preservation plan shall be consistent with the engineering plan, site plan and landscape plan.

(d)

The crown spread of the trees to be preserved and the location of the preservation fencing as required at the drip line of the tree(s) to be preserved. Provide details and notes of the tree protection fencing to be used.

(e)

The overall condition of each tree, such as health and form and as it relates to preservation as noted in subsection (C)(3)(c) of this section.

(f)

The survey shall distinguish existing trees which are proposed to be removed, relocated, or preserved at their present location.

(g)

For those trees being transplanted, outline the method of transplanting to be used, provide a detail of such, and indicate the permanent proposed location on the landscape plan.

(h)

Proposed grading plan, if the grading will affect the preservation of existing trees. No soil is to be removed or added within the root zone of any tree that is to remain.

(i)

Canopy and root pruning of trees directly impacted by construction.

(j)

Any other relevant information as required by the community development director or his/her authorized designee.

(5)

Preservation Techniques: The following is a list of the minimum preservation techniques required:

(a)

Installation of Temporary Barriers: Prior to the issuance of a permit, the petitioner shall install all temporary barriers necessary for the preservation of existing plant materials on the parcel to be developed and adjacent parcels as approved by the village board. All fencing shall be of a rigid material such as wooden snow fencing, brightly colored plastic construction fencing, chainlink fencing, or an alternative barrier, with the written approval of the community development director or his/her authorized designee, and shall be installed at the periphery of the drip line of the tree or at a distance of one foot (1') for every caliper inch as measured at twelve inches (12") above the established ground level, whichever is greater, to prevent the storage of vehicles or materials and the encroachment of grading and construction equipment. Such fencing shall be securely fastened to metal fence posts spaced a maximum of eight feet (8') apart.

(b)

Additional Root Zone Protection and Pruning: Additional root zone protection may be used in areas where proposed improvements will encroach upon the root zone of existing trees. Root zone protection shall consist of one-half inch (½") plywood panels placed on top of the undisturbed root zone of trees designated to remain. Panels shall be covered with enough soil to prevent movement during high winds and by construction equipment. Barriers and root zone protection shall be installed and approved prior to any earthwork or construction activity and shall be maintained throughout construction to the satisfaction of the community development director or his/her designee.

All trees to be preserved which are subjected to construction activity within the drip line shall be selectively pruned or thinned by a certified arborist skilled at the selective thinning procedure. Such procedure shall be approved by the community development director or his/her authorized designee prior to commencing the work. None of the trees shall be topped, headed back, or skinned. The trees shall not be climbed using spikes. All deadwood in all preserved trees shall be removed to reduce hazard.

(c)

Inspection of Tree Preservation Fencing: Work shall not begin on the lot until the lot has been inspected by the village for compliance with the tree preservation plan. In no case shall tree preservation fencing be removed, breached, temporarily removed, altered, or relocated without written authorization from the community development director or his/her authorized designee.

(d)

Tree Preservation Plan On-Site: An approved tree preservation plan shall be available on the lot before work commences and at all times during construction of the project. The general contractor shall be responsible for notifying all other contractors working on the lot and the owners of the property contiguous to the lot of the existence of the tree preservation plan.

(e)

Penalty for Tree Preservation Fencing Violation: The removal, temporary removal, alteration, or relocation of an installed tree protection fence without written authorization from the community development director or his/her authorized designee shall incur a penalty fee of one hundred dollars ($100.00) per occurrence. The developer/builder shall be responsible for paying this penalty to the Village of Schaumburg within two (2) business days from the date of the violation.

Entering a tree protection area that was required to be fenced shall result in an additional cost of fifty dollars ($50.00) per diameter inch for any tree that is damaged in the opinion of the village, including, but not limited to, grading, trenching, limb or bark removal, storage of materials or parking of vehicles. The cost of any necessary remedial tree care action shall be the responsibility of the developer/builder and shall be made payable to the Village of Schaumburg.

(f)

Letter of Credit or Other Financial Guarantee: A letter of credit or other financial guarantee acceptable to the community development director for the purpose of assuring compliance with tree protection standards shall be required by the village. The letter of credit amount shall be one hundred dollars ($100.00) per damaged tree to be retained, but in no case less than ten thousand dollars ($10,000.00) and shall be collected within two (2) weeks of the date of the damage.

(g)

Material Storage: No construction activity, movement, and/or placement of equipment, materials, or spoils storage shall be permitted within the root zone of any protected tree illustrated on the tree preservation plan. No excess soil, additional fill, crushed limestone, liquids, or construction debris shall be placed within the root zone or located at a higher location where drainage toward the tree(s) could conceivably affect the health of said tree(s).

(h)

Transplanting: Preserve those trees that will be transplanted on the site where saving in their existing location is not possible, and the tree is within a size compatible with transplanting. The trees shall be moved by a tree spade or hand dug and moved by other mechanical means. If a tree spade is to be used, include on the plan the size of the soil ball to be moved with the tree. For trees proposed for transplanting that measure greater than eight inches (8") in caliper, a detailed summary of the transplanting method and a five-year maintenance plan shall be required for review and approval by the community development director.

(i)

Underground Utility Conflicts: In the event an underground utility line is to be located within five feet (5') of the trunk of a tree designated for preservation, said utility line shall (where possible) be augered to prevent damage to the root system of the tree.

Regulated public utilities, to the extent permitted by law, shall be responsible for adhering to said tree preservation plan during installation of necessary utility service lines. A property owner or contractor shall not be responsible for damages caused by the action of a public utility unless that person directed the location and manner of work of the utility.

(j)

Attachments to Trees: No attachments, signs, fences, or wires, other than approved for bracing, guying or wrapping, shall be attached to trees during the construction period.

(D)

Enforcement: If in the opinion of the community development director or his/her authorized designee, the necessary precautions were not undertaken before or during construction to ensure the preservation of those trees, including evidentiary compaction or disturbance of the root zone within the drip line, the land development, building or demolition permit for the parcel shall not be issued or, if previously issued, may be revoked until such time as compliance with the tree preservation plan is achieved. In situations when a permit is not required, work may be stopped by the community development director until such time as compliance with the precautions of this section has been undertaken.

(1)

Replacement Requirements for Unauthorized Removal of Trees:

(a)

Deciduous Trees:

1.

Number: In the event an existing deciduous tree is removed, damaged, destroyed or injured, such trees shall be replaced with new trees at a rate of three inches (3") in caliper of replacement trees to each one inch (1") in caliper of removed tree. In the event of a fraction of an inch, if the fraction is less than one-half inch (½"), it may be disregarded. If the fraction is one-half inch (½") or greater, it shall be counted as one inch (1").

If in keeping with good forestry practices, the parcel cannot accommodate all of the replacement trees, but it can accommodate additional shrubs, such replacement trees may be replaced with new shrubs at a rate of five (5) shrubs being equivalent to one tree measuring three inches (3") in caliper. For example, for one 12-inch removed tree, thirty-six (36) caliper inches of replacement trees are required. Thirty-six inches (36") multiplied by five (5) shrubs per three inches (3") of trees equals sixty (60) shrubs [thirty-six (36) trees × five (5) shrubs/three (3) inch tree].

2.

Size: All replacement trees for deciduous trees shall be a minimum trunk size of three inches (3") in diameter, as measured six inches (6") above the established ground, or a multi-branch tree measuring eight feet (8') in height. At the time of installation, all replacement shrubs shall be a minimum of four feet (4') in height if mature size is greater than three feet (3') in height, or two feet (2') in height if mature size is three feet (3') or smaller in height. Any combination of tree sizes three inches (3") in diameter or larger, or multibranch trees measuring eight feet (8') in height or larger may be used for tree replacements; i.e., one (1) twelve-inch (12") removed tree equals thirty-six inches (36") of replacements which may be installed as follows: four (4) six-inch (6") trees and four (4) eight-foot (8') multibranched tree replacements; twelve (12) three-inch (3") diameter replacements; or a combination of trees and shrubs (if all of the replacement trees cannot fit on the lot): four (4) six-inch (6") diameter trees and twenty (20) shrubs.

(b)

Evergreen Trees:

1.

Number: In the event an evergreen tree is removed, damaged, destroyed or injured, such trees shall be replaced at a rate of three (3) vertical feet for each one (1) vertical foot of removed tree. In the event of a fraction of a foot, if the fraction is less than one-half foot (½'), it may be disregarded. If the fraction is one-half foot (½') or greater, it shall be counted as one foot (1').

If in keeping with good forestry practices, the parcel cannot accommodate all of the replacement trees, but it can accommodate additional shrubs, such replacement trees can be replaced with new shrubs at a rate of five (5) shrubs being equivalent to one (1) tree measuring six feet (6') in height. For example, for one (1) twenty-foot (20') removed tree, sixty (60) vertical feet of replacement trees are required. Sixty (60) vertical feet multiplied by five (5) shrubs per six feet (6') of trees equals fifty (50) shrubs [sixty (60) vertical feet × five (5) shrubs/six-foot (6') tree].

2.

Size: All replacement trees for evergreen trees shall be a minimum height of six (6) vertical feet. All replacement evergreen shrubs shall be a minimum spread of three feet (3') at the time of installation. Any combination of tree sizes six feet (6') in height or greater may be used for tree replacements. For example, for one (1) twenty-foot (20') removed tree, sixty (60) vertical feet of replacement trees may be installed as follows: ten (10) six-foot (6') trees; two (2) ten-foot (10') trees and five (5) eight-foot (8') trees; or a combination of trees and shrubs (if all of the replacement trees cannot fit on the lot): four (4) six-foot (6') trees and thirty (30) shrubs [thirty-six (36) vertical feet × five (5) shrubs/six-foot (6') trees].

(c)

Species of Replacement Trees: For a list of species that can be used, refer to Table 1, section 154.136 of this chapter.

(d)

Time Period for Replacements: Such replacements shall be made within twelve (12) months of the date of the removal of any tree(s) for which such replacement is required, and such replacements shall be installed at a time of year most beneficial for transplanting the particular species.

(e)

Stump Measurement: In the event that trees are destroyed/removed, leaving no physical evidence for measurement at diameter breast height, tree size in caliper inches shall be measured at the stump diameter.

(f)

Reasonable Means for Determining Size in the Absence of a Stump: In the event that no physical evidence for measurement remains, the community development director or his/her authorized designee shall determine the size of the removed tree(s) by employing reasonable methods, such as measuring the caliper inches of nearby trees of similar species and age, or other methods as deemed appropriate.

(g)

Alternate Tree Replacement Location: If in keeping with good forestry practices, sufficient space is not available to plant replacement trees, the owner/developer shall be required to pay to the village a cost in lieu of making such replacement in kind. This cost shall equal one hundred fifty dollars ($150.00) per one inch (1") caliper required for each caliper inch of deciduous replacement trees, and seventy-five dollars ($75.00) per one (1) vertical foot required for each vertical foot of evergreen replacement trees that will not be planted in compliance with the replacement rates in this subsection (D)(1); such amount to be utilized for tree planting or tree preservation programs operated by the village.

The tree replacement cost must be received by the village within thirty (30) days after the date of the damage, removal or injury for which replacement is required.

(2)

Penalty Fee for Unauthorized Tree Removal: In the event that a tree is removed, damaged, destroyed or injured during the construction process, during regular maintenance activities, or has been removed without the prior approval of the community development director or his/her authorized designee, or the village board of trustees, such trees shall be replaced in accordance with the applicable replacement rates. A five hundred dollar ($500.00) per tree penalty shall be assessed upon the owner of the property on which deciduous trees measuring twenty-four inches (24") in caliper or smaller, or evergreen trees measuring twenty (20) vertical feet or smaller, were removed. A one thousand dollar ($1,000.00) per tree penalty shall be assessed upon the owner of the property on which deciduous trees measuring twenty-five inches (25") in caliper or larger, or evergreen trees measuring twenty-one (21) vertical feet in height or larger, were removed. Each tree cut down, destroyed, damaged, removed or injured shall constitute a separate offense. Additionally, a separate offense shall be deemed committed on each day during or on which a violation continues to occur. A temporary work stoppage shall be ordered by the community development director for a period of not longer than thirty (30) days. To revoke or suspend the license(s) or permit(s) for the subject property for periods longer than thirty (30) days, the village manager or his/her designee shall request a public hearing.

(3)

Amended Landscape Plan: Removal of trees designated for preservation shall require amending the approved landscape plan or submitting an overall site landscape plan if no landscape plan is on file at the village, and shall require the approval of the community development director. Variations to this section or requests for waiving of tree replacement requirements and/or penalty fees require review by the zoning board of appeals and approval of the village board.

(Ord. 163, passed 12-5-1961; Am. Ord. 3407, passed 9-11-1984; Am. Ord. 91-123, passed 9-24-1991; Am. Ord. 93-82, passed 6-8-1993; Am. Ord. 94-86, passed 8-23-1994; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 98-72, passed 7-14-1998; Am. Ord. 04-54, passed 4-27-2004; Am. Ord. 06-024, passed 2-14-2006; Am. Ord. 07-050, passed 3-27-2007; Am. Ord. 09-020, passed 2-24-2009; Am. Ord. 13-115, passed 11-19-2013; Am. Ord. 14-088, passed 8-12-2014)

(A)

Purpose: The landscaping and screening requirements specified herein are intended to foster aesthetically pleasing, environmentally beneficial, and sustainable development that will protect and preserve the appearance, character, general health, safety and welfare of the community. Specifically, these regulations are intended to increase the compatibility of adjacent uses requiring a buffer or screen between uses, and in doing so, minimize the harmful impact of noise, dust and other debris, motor vehicle headlight glare or other artificial light intrusions and other objectionable activities or impacts conducted or created by an adjoining or nearby use.

(B)

Definitions: The following words and terms when used in the interpretation and administration of this chapter shall have the meanings set forth herein except where otherwise specifically indicated. Words and terms not deemed herein shall be defined as specified in a commonly used dictionary.

MANAGED: The planned and designed control, direction, and maintenance of the growth of natural vegetation and the detention and infiltration of stormwater runoff in a natural landscape area, including restoration or preservation or a combination of the two (2) within natural landscaping.

NATIVE VEGETATION: The growth of various grasses, sedges, rushes, forbs (wildflowers), ferns, trees, shrubs, and vines identified as native species in commonly accepted publications, including "Plants of the Chicago Region", by Floyd Swink and Gerould Wilhelm (1974); "Wildflowers of the Tallgrass Prairie, the Upper Midwest", by Sylvan T. Runkel and Dean M. Roosa (1989); "Field Guide to North American Wildflowers, Eastern Region", by the Audubon Society (1979); and "Native Illinois Herbs and Forbs", by the Illinois Department of Natural Resources, copies of which are on file and available for inspection at the community development department.

NATURAL LANDSCAPING: Any landscaping technique in a yard or on a development site that preserves or uses primarily native vegetation in a design intended to exhibit the character and spirit of nature by arrangement of the plants and drainage patterns similar to the arrangements of natural prairie, woodland, or wetland plant communities and drainage.

PRESERVATION: The keeping intact of desirable components of existing vegetation and stormwater detention and infiltration within a yard or landscape.

RESTORATION: The planting, cultivation, and maintenance of vegetation native to the region, including grasses, forbs, shrubs, and trees, and of surface drainage features that promote infiltration of stormwater, within a yard or landscape.

(C)

Existing Vegetation:

(1)

In the event that it can be demonstrated that existing vegetation meets the intent of the screening requirements of this chapter, existing vegetation may be credited for landscape materials required by this section. If any of the vegetation dies, the developer shall be required to install the plant materials according to the standards of this subchapter as determined by the village manager or his/her authorized designee. Said plant material shall be guaranteed for one (1) year from the time of final acceptance by the village.

(2)

Required screening shall not be disturbed for any reason except for required walks, driveways, pedestrian or bicycle paths, fences or public utilities.

(D)

Landscape Plan:

(1)

Landscape Plan Required: A landscape plan shall be required and approved for all projects requiring site plan review.

(a)

Registered Landscape Architect Plan Preparation: All projects which require submission of a landscape plan shall submit a landscape plan prepared by a registered landscape architect who is licensed in a state containing plant hardiness zones which match that of Schaumburg, Illinois, as defined by the United States Department of Agriculture, unless approved by the community development director or his/her authorized designee. All landscape plan sheets submitted shall be sealed and signed by the landscape architect.

1.

Exemptions: Landscape plans submitted under provision of section 154.51, "Administrative Amendments", of this chapter and single-family detached residential lots including those subject to the provisions of section 154.52, "Single-Family Residential Tear Downs and Replacement", of this chapter, are exempt from the registered landscape architect plan preparation requirement.

(2)

Content of Landscape Plan: All landscape plans submitted for approval shall be to an engineering scale and contain or have attached thereto the following information:

(a)

The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and right-of-way, sidewalks, bicycle paths, ground signs, refuse disposal areas, bicycle parking areas, fences, freestanding electrical equipment, utility easements, conservation easements, lighting, tot lots and other recreational facilities, proposed locations of stormwater inlets, valve vaults, hose bibs, manholes, hydrants, fire department connections, and other structural features as determined necessary by the village manager or his/her authorized designee.

(b)

The location, quantity, size, root condition (e.g., balled and burlapped or potted), and name, both scientific (Latin) and common, of all proposed plant materials, and existing plant materials to be preserved as well as boundaries of all planting beds.

(c)

The location of all proposed berming and drainage swales, indicating contours at one foot (1') intervals, percent of slope, and the location of all proposed drainage features with natural vegetation including, but not limited to, rain gardens, and other stormwater detention and infiltration areas.

(d)

Specification and boundaries of all natural landscaping areas, including prairie, woodland, and wetland plant communities, identified by specific community type and by scientific and common names of all species. (If natural landscaping areas will contain grasses or sedges that exceed eighteen-inch (18") mature height, a natural landscaping permit is required.)

(e)

Elevations and details of all fences, bridges, retaining walls, or other decorative features proposed for location on-site. The details shall include, but are not limited to, materials, colors, styles and sizes.

(f)

Elevations, cross sections, all necessary planting details and notes, and other information as determined necessary by the village manager or his/her designee.

(g)

Landscape data box which shall include the required and proposed calculations for the following: total area in square feet of the lot or tract to be developed, the total square feet and percentage of landscape area between the building(s) and any public or private street, and the total square feet and percentage of green space. The data box in chart form shall also include the total number of trees required and proposed, their common and botanical names, and their type (shade, evergreen, or ornamental), and the total number of shrubs required and proposed, their common and botanical name and their type (evergreen or deciduous).

(h)

Delineate the width and length of the buffer yard, the quantity of trees by name (common and scientific) and by type (evergreen, shade or ornamental), and the quantity of shrubs by name (common and scientific) and type (evergreen or deciduous).

(i)

Details of erosion control for natural landscaping areas.

(E)

Design Guidelines: In preparing landscape plans, the following shall be followed:

(1)

General Landscape Design Principles:

(a)

Landscape improvements should serve to integrate the project to the site, with particular sensitivity to the natural topography, watercourses, and existing vegetation. Preservation of the existing landscape material and land forms should be taken into account, particularly where mature trees are a part of the site. This is of particular importance in cases where specimen trees, groves, or tree lines, or tree-lined watercourses are present.

(b)

Landscape improvements should serve to enhance the appearance of the site, especially as viewed from an adjacent public right-of-way. Effective year-round screening shall be provided to lessen the visual prominence of: parking lots, service yards, loading docks, public utility structures, and unsightly appurtenances.

(c)

Innovative landscape design proposals that promote sustainability, reduce irrigation requirements, and that utilize effective on-site stormwater management techniques are encouraged. Thoughtful selection and placement of plant material and groundcovers based on ecological principles are also encouraged.

(d)

The aesthetic aspect of landscape improvements should be considered both at installation and maturity. Groupings of trees or other plantings are recommended for optimal visual effect and ease of maintenance.

(2)

Scale: Scale and nature of landscape materials and planting bed size should be appropriate to the site and structures. Larger buildings and sites may accommodate and be enhanced by larger plant material, plant groupings, and planting beds.

(3)

Selection and Layout: Plant material should be selected for its form, texture, color and concern for its size at maturity and adaptation to climate conditions. A listing of recommended plantings has been provided in Table 1 for reference. This list is not all inclusive and may continue to be modified as climate conditions change. Wherever possible, large planting areas should be provided in groupings and masses to provide a more naturalistic appearance. Wherever appropriate, use of native woody and herbaceous plant materials is encouraged. In small planting areas within parking lots, trees and shrubs should be planted in groups with massing appropriate to and in harmony with buildings, circulation, stormwater management, and neighboring landscapes. Energy conservation should also be considered when determining layout of selection and layout of plant material. For instance, sun-tolerant plant materials should be placed on the south and west sides of buildings to provide shade from summer sun, and shade-tolerant plant materials should be concentrated on the north side of buildings to dissipate the effects of winter winds.

(a)

Texture: Plants differ in texture according to foliage, color, size and density. A variety of texture will add interest and depth to the landscape design. For example, coarser plants (larger leaves, dense foliage) may work to anchor corners; medium textured materials can gradually transition to fine textured plants. In massing, coarser textured plants are usually more effective when placed at greater distances from common viewing locations. Groups of finer textured plants are typically more effective near walkways and entrances and in courtyards of buildings or plazas.

(b)

Form: Among the most important design qualities of a plant is form, which includes columnar, round, vase, weeping, pyramidal and oval forms. Plants of contrasting shapes may provide variety and interest by accenting a group of plants of another form. For example, evergreen trees exhibit pyramidal forms, while many crabapples are round to oval. Plantings that combine two (2) or more forms may effectively buffer or soften building facades, fences, and other structures. The dominant use of native trees and shrubs that display strongly horizontal branch patterns and layered flowering forms is basic to effective use of the unified prairie style, associated historically and ecologically with this region, and is encouraged.

(c)

Color: Color can be used to unify or contrast plantings on a site. It is essential to consider the varying colors exhibited by a plant in all seasons. Most importantly, through the use of perennials and/or annuals, color can be used to call attention to entryways and other focal points.

(d)

Repetition: A design is tied together through the repeated use of a small number of plant species, sizes, colors, forms, or textures throughout the site. Too much repetition can result in monotony, so it is important to find a balance. Natural landscaping techniques using a diverse palette of randomly mixed prairie forbs and grasses will provide repetition and unity throughout the planting area and across the seasons. On smaller sites it is recommended to keep the plant palette short and simple.

(e)

Massing: Massing ties in with scale and repetition. In general, shrubs, perennials and annuals are massed or grouped together to achieve a more dramatic effect. For example, large sites may have shrubs in groupings of one hundred (100) or more. Large buildings and sites are complemented with larger material and greater massing of shrubs and/or color.

(f)

Variety: Variety adds interest and liveliness to the design. It provides a few unlike qualities to contrast with those qualities that are alike and duplicated as part of repetition. Variety is achieved through the use of different forms, textures, colors and plants.

(4)

Stormwater Infiltration and Enhanced Water Quality: Wherever possible, preserve, restore, and integrate natural drainage patterns and features including swales, filter strips, and wetlands or rain gardens vegetated with native plant systems. All rooftop drains, overflow scuppers, or other devices used to convey stormwater from roofs shall be coordinated with the adjacent landscaping and positioned appropriately above grade to prevent erosion. In conjunction with native landscaping, as determined by the village manager or his/her designee, curbs may be provided with openings to accommodate surface collection of stormwater runoff in vegetated swales and detention facilities. The intention should be to slow stormwater runoff, increase on-site infiltration, and filter suspended solids and contaminants in support of on-site stormwater management and treatment strategies that reduce or control costs to the community.

(5)

Berming: Earthen berms and existing topography should, whenever practical, be incorporated into the landscape treatment of a site. Bermed areas should be designed to resemble natural land forms, whenever possible. The maximum permissible slope is three to one (3:1). Refer to chapter 151, "Subdivision and Land Development", of this title for seeding and sodding requirements on different slopes.

(6)

Facade and Foundation Treatments: Landscape improvements should be provided to enhance architectural features and to add visual interest adjacent to large expanses of building walls. Landscape improvements should also be provided around the foundation area of buildings to soften their appearance and integrate them to their surrounding site.

(7)

Fence Treatments: When fencing is used, provide landscaping which includes a variety of plant material, height, color and texture. This landscaping should buffer, soften or minimize the visual monotony of long expanses of fencing.

(8)

Miscellaneous Screening Standards: Functional activities within and surrounding the development must be considered in the design of the landscape improvements. Particular attention should be paid towards screening mechanical equipment, electrical generators, dish antennas, air conditioning units, or other visible outside utility equipment, as well as service areas, including dumpster enclosures or other waste receptacles, loading docks, and bicycle parking areas. Enhance ground signs, walkways, entrances, bus stops and other pedestrian areas; screen and buffer pedestrian and public areas, such as outdoor seating/eating areas, from circulation drives and parking areas; and direct attention to focal areas and main entrances.

(9)

Miscellaneous Placement Standards: Only perennials and groundcovers less than nine inches (9") in height at maturity shall be allowed within a four-foot (4') radius around fire hydrants, valve vaults, hose bibs, manholes, fire department connections, and other site features as deemed necessary by the village. Site lines to all exterior fire alarm strobe lights or other visual alarms shall be maintained at all times. Additionally, plant material branching higher than two feet (2') and lower than six feet (6') above top of curb shall not be planted or maintained in a sight visibility triangle as defined by the village manager or his/her designee.

(10)

Multifamily Site Interior Landscaping: On multifamily parcels with more than one (1) structure, the open space between buildings should be appropriately landscaped to provide: screening of adjacent dwelling units, screening and shading to improve energy efficiency, and a visually appealing living environment. Landscape features such as trees and shrubs (a combination of evergreen and deciduous), groundcovers, flowering annuals and perennials, permitted natural landscaping areas, rain gardens, vegetated swales, filter strips and berming should be used as appropriate to enhance the overall appearance and function of the open space area.

(F)

Mulch and Planting Beds: Shrub and tree planting beds shall be mulched with shredded bark mulch to a minimum depth of three inches (3"). Groundcover plantings, including perennial and annual flowers, shall be mulched to a minimum depth of one inch (1"). Stone mulch is not permitted around plantings, but may be used in a limited width of not more than eighteen inches (18") as required around exterior walls of food processing facilities, or restaurant buildings. Limited areas of large washed stone mulch or uncrushed natural stone cobbles which are four-inch (4") diameter or larger may be used to prevent stormwater erosion or vehicular damage to planting bed or parking lot island areas. Synthetic mulch is also not permitted around plantings, but may be used in play areas or heavily used walking paths.

(G)

Detention and Retention Facilities: Landscaping shall be required around the perimeter of all retention and detention basins from the normal water line to a minimum of six inches (6") above the high water line. Such landscaping shall primarily consist of native prairie and emergent plantings, but may also include tree and shrub plantings, in an arrangement that will create an aesthetically pleasing and ecologically functional environment. Such landscaping shall be in conformance with current best management practices (BMPs) as determined by the village as part of the National Pollutant Discharge Elimination System (NPDES) program. Retention and detention basins should be designed to resemble natural landforms, whenever possible. Trees, shrubs, turf and dry prairie plantings should be located above the normal water line; emergent or wet prairie plantings should be located below the normal water line. Refer to chapter 151 "Subdivision and Land Development" of this title for grading, seeding and sodding requirements on different slopes.

(H)

Landscape Protection: All landscaped areas shall be protected from vehicular encroachment by curbs. Planting areas shall be maintained with a spaded edge, synthetic edging, curbing, or other means to prevent erosion; particularly along sidewalks where soil and mulch may interfere with pedestrian traffic.

(I)

Selection, Installation and Maintenance of Plant Materials:

(1)

Selection: Planting materials used in conformance with the provisions of this section shall be of good quality of a species normally grown in northeastern Illinois and capable of withstanding the extremes of individual site microclimates. The plants listed in Table 1 of this section shall be used unless alternate species that meet the intent of the paragraph are approved by the village manager or his/her designee. Size and density at the time of planting and at maturity are additional criteria which must be considered when selecting plant materials.

All live herbaceous perennial plants, tubers, bulbs and dormant rootstocks of herbaceous perennial native plants used in natural landscaping and in natural drainage areas shall have derived from parent generations that originated within a one hundred fifty (150) mile radius of the village. Major native grass seed, provided as "pure live seed", and other grass, sedge, rush, and forb seeds of species that are native to northeastern Illinois shall be from genera occurring naturally within a one hundred fifty (150) mile radius of the village.

(2)

Installation: All landscaping material shall be installed in accordance with the planting procedures established by the American Association of Nurserymen. Seeding of natural landscaping areas with native seed shall conform to generally accepted seeding procedures, methods, and times for prairie plantings in northeastern Illinois.

(3)

Maintenance:

(a)

Responsibility: The owner of the property, or subsequent owners, shall be jointly and generally responsible for the maintenance of all landscape materials. Any plant materials such as shrubs, trees and groundcovers that die, are in decline, or supporting less than fifty percent (50%) healthy leaf growth shall be replaced in compliance with the approved landscape plan. The same maintenance requirements shall apply to those properties without an approved landscape plan on file.

(b)

Watering Plant Material: A permanent means to water plant material such as exterior hose bibs or an underground irrigation system utilizing irrigation equipment that is specifically designed to conserve water shall be provided.

(c)

Landscape Protection: All screening, including fences, walls and landscaping shall be protected from damage by motor vehicles, pedestrians, snow removal efforts, or deicing applications that could reduce the effectiveness of the screening.

(d)

Natural Landscaping: Potted herbaceous perennial plants shall meet or exceed eighty-five percent (85%) survivorship of all plants and a minimum seventy-five percent (75%) survivorship of any one (1) species in healthy, vigorous condition, one (1) full growing season following acceptance by the village.

All grasses/sedges and forbs shall meet or exceed seventy percent (70%) plant cover, with a minimum of five (5) native species present and widely distributed, one (1) full growing season following acceptance by the village.

All grasses/sedges and forbs shall meet or exceed eighty percent (80%) plant cover, with a minimum of five percent (5%) cover by native grass/sedge species, ten percent (10%) cover by forb species, found in a healthy and vigorous condition after two (2) full growing seasons.

All grasses/sedges and forbs shall meet or exceed ninety-five percent (95%) plant cover, with a minimum of twenty percent (20%) cover by native grass/sedge species, forty percent (40%) cover by forb species, found in a healthy and vigorous condition after four (4) full growing seasons.

(J)

Area Landscaping Standards. The following landscaping standards shall apply to the area and quantities of landscaping required:

(1)

Lot: At least twenty percent (20%) of the lot or parcel being developed shall be green space. Landscaped detention areas may be included in the green space calculations, but shall not comprise the total amount of green space. At least forty percent (40%) of the site's landscaping shall be between the building(s) and public or private streets.

(2)

Trees: There shall be at least one (1) tree planted for every seven hundred and fifty (750) square feet of total green space area.

The trees shall be comprised of a mix of evergreen trees, a minimum of six feet (6') in height ornamental trees, a minimum of two and one-half inch (2½") caliper or six feet (6') clump form; and shade trees, a minimum of two and one-half inch (2½") caliper.

(a)

Percentage and Placement. The overall amount of trees required for the site shall be comprised of not less than ten percent (10%) evergreen, forty percent (40%) ornamental, and fifty percent (50%) shade trees.

(b)

Trees in Natural Areas. In permitted natural landscaping areas, one hundred percent (100%) of the trees shall be native plant material specific to the soils, hydrology, and proposed ecosystems. Evergreen trees are toxic to and incompatible with prairie plants and should not be used in native landscape areas. Trees of each species to be installed in natural landscaping areas shall be a minimum of two and one-half inch (2½") caliper or six foot (6') clump form except for the following species which can be planted at two-inch (2") caliper: oak, hickory, walnut, and chestnut.

(3)

Shrubs: There shall be at least one (1) shrub planted for every two hundred (200) square feet of total green space area.

The shrubs shall be comprised of a mix of deciduous and evergreens. For shrubs that mature at less than five feet (5') in height, minimum installation size shall be two feet (2'). For shrubs that mature taller than five feet (5') in height, minimum installation size shall be three feet (3').

(a)

Percentage and Placement. The overall amount of shrubs required for the site shall be comprised of not less than thirty percent (30%) evergreen, and seventy percent (70%) deciduous.

(b)

Shrubs in Natural Areas. In permitted natural landscaping areas, one hundred percent (100%) of the shrubs shall be native plant material specific to the soils, hydrology, and proposed ecosystems.

(K)

Right-of-way Landscaping:

(1)

Applicability: Where a parcel abuts a dedicated public right-of-way, landscaping shall be provided in accordance with the provisions of this section or as approved by the village manager or his/her designee.

(2)

Graded and Sodded: The unpaved portion of public right-of-way abutting a parcel shall be fine graded and sodded using salt-tolerant sod.

(3)

Street Trees:

(a)

Contribution: Prior to the issuance of a land development permit, the petitioner shall make a cash contribution to the village in lieu of installing street trees. This figure is based on the total frontage and a unit cost based per linear foot, with street trees spaced at forty-foot (40') intervals.

(b)

Planting Area: Street trees shall be provided and installed as specified in chapter 151.

(c)

Other Landscape Material: No plant material other than turf or trees may be located in a dedicated public right-of-way.

(L)

Parking Lot Landscaping:

(1)

Applicability: All parking lots designed for twenty (20) or more parking spaces, as specified in sections 154.120 through 154.127 of this chapter, shall provide landscaping in accordance with the provisions of this section. See title 9, chapter 102 of this Code for parking lots of four (4) or more parking spaces adjacent to a residential district.

(2)

Parking Lot Interior Landscaping:

(a)

Coverage: There are four (4) types of parking lot landscape islands permitted. Each type requires a landscape island at the end of each row of parking stalls. Landscape islands shall be crowned to allow for positive drainage, except for continuous bioswale islands which have been modified to incorporate drainage swales.

Automobile dealership off-site parking lots, motor vehicle storage, and automobile display areas shall only be required to provide parking lot islands at the ends of rows of parking and may exceed maximum number of parking spaces as otherwise required. Parking lot islands required at ends of multiple deep stalls (double, triple, etc.) "stadium-parked" rows shall extend the full depth of the multiple row.

1.

Standard Island: A planting island of at least one hundred twenty (120) square feet in area, and at least seven feet (7') in width, as measured from back of curb to back of curb, shall be provided for every fifteen (15) or fewer parking spaces in a row and at the end of each row of parking which has fifteen (15) or fewer parking spaces.

2.

Expanded Island: A planting island of at least one hundred eighty (180) square feet in area, and at least ten and one-half feet (10.5') in width, as measured from back of curb to back of curb, shall be provided for every thirty (30) parking spaces in a row and at both ends of rows of parking having more than fifteen (15) and thirty (30) or less parking spaces.

3.

Continuous Island: A continuous planting island of at least nine feet (9') in width, as measured from back of curb to back of curb between parking rows, shall be provided along with either a standard island or an expanded island, depending on the number of stalls in a row, at the end of each row of parking.

4.

Continuous Bioswale Island: A continuous planting island of at least fourteen feet (14') in width, as measured from back of curb to back of curb between parking rows, shall be provided along with either a standard island or an expanded island, depending on the number of stalls in a row, at the end of each row of parking. The continuous bioswale island shall have a depressed swale in the center of the island to promote stormwater infiltration and be planted with a combination of native plantings. The outside edge of a continuous bioswale island adjacent to parking stalls are recommended to have a section of lower plantings or mow strip to allow for vehicle overhang.

(b)

Landscape Material:

1.

Type: The primary landscape material used in parking lot islands shall be trees which provide shade or are capable of providing shade. Trees, low growing shrubs, perennials, and other plant materials may be used to supplement the tree landscaping.

2.

Quantity: One (1) tree shall be provided for every one hundred twenty (120) square feet of landscaping area in a standard island, or one (1) tree for every one hundred eighty (180) square feet of landscaping area in an expanded island. One (1) tree shall be provided for every forty (40) linear feet of continuous island and every sixty (60) linear feet of continuous bioswale island. Trees which are in parking lot islands adjacent to either the continuous island or a continuous bioswale island shall be counted toward the tree quantity requirement.

3.

Coverage: A minimum of fifty percent (50%) of every interior parking lot landscaping area shall be comprised of turf and/or plantings; the remaining percentage shall be comprised of bark mulch. The groundcover of landscape islands shall be comprised of sod, groundcover, perennials or shrubs, except that in permitted natural landscaping, the landscaping may be comprised of native herbaceous perennial forbs and grasses.

4.

Height: No plantings shall be maintained any taller than twelve inches (12") within five feet (5') from the end of the parking lot island except for trees, which shall be branched no less than six feet (6') above the ground. No shrub, perennial, native forb, or grass planted further than five feet (5') back from the end of the parking lot island shall be maintained at taller than twenty-four inches (24") in height, except in continuous bioswale islands where the natural landscaping may exceed this requirement.

(3)

Parking Lot Perimeter Landscaping: Where parking lots are adjacent to a public or private street, the following screening and plantings requirements shall apply:

(a)

Shrubs, Perennials, Groundcovers, and Berms: All parking areas shall be screened from adjacent roadways using shrubs or shrubs with perennials and/or berms; however, neither perennials nor berms shall be the sole method of screening. Small breaks in the screening are permitted for visibility; ease of maintenance (including equipment access, snow removal, etc.); and landscape aesthetics.

1.

Percentage and Placement. The screening plantings in the parking lot perimeter landscaping shall be comprised of not less than thirty percent (30%) evergreen shrubs, and seventy percent (70%) deciduous shrubs which are capable of achieving a height of thirty-six inches (36"), except in permitted natural landscaping areas where only native shrubs are used. Where perennials and/or berms are used in combination with shrubs, not more than one-third of the screening shall be derived from perennials and/or berms which are capable of achieving a height of twenty-four inches (24").

(b)

Trees: At least one (1) tree for every thirty-five (35) linear feet of parking lot adjacent to the street shall be provided between the parking lot and the street. Trees which are in parking lot islands adjacent to the street shall be counted toward the tree requirement. These trees are in addition to parkway trees.

1.

Percentage and Placement. The tree plantings in the parking lot perimeter landscaping shall primarily be comprised of a mix of ornamental and shade trees. Evergreen trees may be used, but are typically not recommended. Of the total number of ornamental and shade trees provided, not less than forty percent (40%) shall be ornamental, and fifty percent (50%) shall be shade trees.

(M)

Foundation Landscaping:

(1)

Area: A landscaping area a minimum of ten feet (10') in width shall be located around the perimeter of all buildings up to three (3) stories or thirty feet (30') in height. For every additional ten feet (10') in height, the width of the foundation planting area shall be increased one (1) additional foot, up to twenty feet (20') in width.

(2)

Location and Composition: Foundation landscaping shall be provided along the entire length of all building facades except where sidewalks and driveways provide access to the building or where fire department connections are necessary. Such landscaping shall be comprised of a combination of shade trees, ornamental trees, evergreens, shrubs, groundcovers, perennials and, in permitted natural landscaping areas, native prairie, woodland wildflowers, low grasses and sedges. It is recommended to maintain a minimum space of twelve inches (12") between buildings and plantings to maintain plant health, reduce pest problems, and prevent deterioration of the adjacent buildings.

(3)

Groundcover: Except where occupied by planting beds, all foundation landscaping areas shall be sodded. Permitted natural landscaping areas shall have a minimum two-foot (2') wide sodded border between the planted bed and the sidewalk or walkway or curb.

(N)

Perimeter Landscaping:

(1)

Applicability: All nonresidential and multiple-family residential developments shall provide perimeter landscaping along the boundaries of the property, except within the required front yard building setback line, in accordance with Table 2, "Buffer Yards", of this section.

(2)

Groundcover: In conventional landscapes, except where occupied by planting beds, all perimeter landscaping areas shall be sodded. In permitted natural landscaping areas, the groundcover may be native prairie, woodland wildflowers, low grasses, and sedges.

(O)

Residential Property:

(1)

Single-Family Residential Property: At the time of development, all single-family residential property shall provide trees on the lot being developed as follows:

(2)

Residential Property Abutting Arterial Roadways: Where residential side or rear yard property abuts an arterial roadway, screening and landscaping shall be provided as follows:

(a)

Requirement: A continuous, solid (opaque) screen, at least six feet (6') in height, shall be provided between the residential property and the entire length of the arterial street abutting the residential property.

(b)

Screen Materials: The screen may be made of a combination of trees, shrubs, berms, fencing, or walls. Screening plants must provide a solid screen year round and should be of a size and species to provide the solid screen within five (5) years, as determined by the village manager or his/her authorized designee.

(c)

Percentage and Placement: If a fence or wall is used in whole or in part to provide the six-foot (6') solid screen, between the wall and/or fence and the arterial roadway, at least one (1) tree for every thirty-five (35) linear feet of wall or fence and one (1) shrub for every ten (10) linear feet of wall or fence shall be provided. The trees and shrubs shall be at least thirty percent (30%) evergreen, and seventy percent (70%) deciduous, except in natural landscaping with prairie vegetation where only native trees and shrubs may be provided. Where fences and/or walls are used in combination with native landscaping, the native plantings shall be set back from the fence and/or wall a minimum of twenty-four inches (24") for maintenance and to prevent damage during prescribed prairie burns.

(d)

Fences and Walls: Fences and walls may not be put on top of a berm to achieve the six-foot (6') height.

(P)

Natural Landscaping:

(1)

Purpose: The purpose of this natural landscape section is to encourage, provide guidance for and permit the use of regionally native vegetation, including native grasses, in planned landscapes and to allow the restoration or preservation of such plants in natural plant communities while maintaining public health, safety, and welfare. This section applies to natural landscaping on private lots and development sites.

(a)

Benefits: The use of native vegetation in designed and managed landscapes may provide ecologic, economic, and aesthetic benefits. It provides wildlife habitat, reduces emissions from lawn mowing, reduces use of chemical pesticides, herbicides, and fertilizers, provides erosion control and infiltration of stormwater, and improves water quality in streams, wetlands, and other open spaces.

(b)

Safety: It is not the intent of this section to allow vegetated areas to be unmanaged, overgrown, a health hazard or a breeding ground for fauna known to create a safety or health hazard. Plant species that are defined as noxious and invasive under section 90.60 of this Code do not come within the protection of this section.

(2)

Natural Landscaping Areas:

(a)

Permitted: It shall be lawful to grow native plants including ferns, grasses, sedges, rushes, forbs, shrubs and trees in lieu of turf grass lawn in designed and managed natural landscaping areas.

(b)

Setbacks: Natural landscaping on private lots shall not be located within two feet (2') of the front property line or the corner side property line of lots having a public sidewalk, or within four feet (4') of any other property line, except that no rear or side yard setback shall be required where the natural landscaping is separated from adjacent lots by fencing or continuous shrub growth three feet (3') or more in height, or where the natural landscaping area abuts permitted natural landscaping on an adjacent lot. An intervening path or sidewalk shall not be deemed to prevent natural landscape materials from abutting.

(c)

Annual Cutting: Natural landscaping shall be mowed or cut to twelve inches (12") or less at least once prior to June 1st of each calendar year.

(d)

Annual Burning: Permits shall be obtained from IEPA, Cook County, and the Schaumburg Fire Department.

(3)

Natural Landscape Permit for Single-Family Residence Homeowners:

(a)

Requirements: The growth of native grasses, wildflowers, or sedges that exceed twelve inches (12") in height within a natural landscaping area including yards, retention/detention areas, and rain gardens on private property shall require a natural landscaping permit. Natural landscaping shall be permitted in rear yards only, except rain gardens which shall be permitted anywhere on the lot except in drainage swales, and not within four feet (4') of any property line, except that no setback shall be required where the natural landscaping is separated from adjacent lots by fencing or continuous shrub growth three feet (3') or more in height, or where the natural landscape area abuts permitted natural landscaping on an adjacent lot. If the installation would affect natural drainage or involve earthwork or affect capacity of retention or detention, then a land development permit shall be required per section 151.17 of this title.

(b)

Application: The property owner shall apply to the community development department for the required permit. The application shall include a site plan of the lot or development, drawn to scale on a sheet not less than eight and one-half inches by eleven inches (8½" × 11"), which contains the location of property lines; location of structures, fences, and paved areas; location of each natural landscaping area; a list by scientific and common name of species intended to be planted, cultivated, and maintained within each area; and the setback distance of each natural area that will be located near any property line.

(c)

Maintenance Inspection: Every three (3) years, the site shall be inspected by a village landscape inspector to verify compliance with the approved landscape plan and proper maintenance of the natural landscape area.

(d)

Revocation: Natural landscaping permits may be revoked only with cause, such as failure of the owners to manage the areas and to respond to repeated notices of creation of a nuisance or violation of the weed control ordinance.

(Q)

Alternate Landscape Plans: The village board may approve alternate landscape plans whose makeup may not meet the specified quantities stated herein, if such plans are clearly superior to what could be achieved by using those minimum standards, and are consistent with the purposes of this chapter.

(R)

Additional Landscaping: The village board may require additional landscaping above quantities specified herein in order to mitigate a specified problem or in order to ensure a development would be consistent with the objectives of this chapter and/or adopted village policy.

(S)

Changes to Approved Landscape Plan: Any change to an approved landscape plan shall require approval by the village board, except when the conditions for removal of a tree in subsection 154.135(B)(3) of this chapter are met, or approved in accordance with section 154.51 "Administrative Amendments" of this chapter.

(T)

Acceptance and Guarantee: Prior to the acceptance of plant materials by the village manager or his/her authorized designee, a final inspection shall be made by the landscape designer and the village landscape planner and that such designer provide to the community development department a written statement certifying that the approved landscape plan has been implemented and that all materials have been planted in accordance with the village's specification.

All materials planted shall be guaranteed at the time of installation by the developer. Said guarantee shall consist of either a letter of credit and/or subdivision bond and shall be posted with the village prior to issuance of a land development permit, per chapter 151 "Subdivision and Land Development" of this title.

(U)

Temporary Occupancy: A temporary occupancy permit may be authorized by the village manager or his/her authorized designee, due to weather conditions or when the village does not inspect the landscaping within twenty-four (24) hours of a request for such, provided a written commitment is provided by the landowner stating the completion date of the landscape installation. The village manager or his/her authorized designee may require an escrow or performance bond equal to one hundred percent (100%) of the landscaping for such temporary certificate of occupancy.

In the event a temporary occupancy permit is issued and the landscaping is not installed as illustrated on the approved landscape plan within six (6) months of the issuance of the temporary occupancy permit, the owner will be subject to a fine as detailed in section 37.03 of this Code, or legal action may be taken to cash the letter of credit in order for the village to install the landscaping accordingly.

_____

TABLE 1
RECOMMENDED PLANT LIST

SHADE TREES (MINIMUM SIZE AT INSTALLATION - 2½ INCH CALIPER)

EVERGREEN TREES (MINIMUM SIZE AT INSTALLATION - 6 FEET IN HEIGHT)

ORNAMENTAL/SMALL TREES (MINIMUM SIZE AT INSTALLATION - 2½ INCH CALIPER/6 FEET IN HEIGHT)

LARGE DECIDUOUS SHRUBS (MINIMUM SIZE AT INSTALLATION - 3 FEET IN HEIGHT)

SMALL EVERGREEN TREES (MINIMUM SIZE AT INSTALLATION - 5 FEET IN HEIGHT)

SMALL DECIDUOUS SHRUBS (MINIMUM SIZE AT INSTALLATION - 24 INCHES IN HEIGHT)

SMALL EVERGREEN SHRUBS (MINIMUM SIZE AT INSTALLATION - 24 INCHES IN HEIGHT)

GROUNDCOVERS AND VINES

UNACCEPTABLE TREES

TABLE 2
BUFFER YARDS

To determine what buffer yard is required, determine adjacent land use classes and use the buffer yard matrix.

A.

1 tree/35 linear feet

No shrubs required

10 feet wide

B.

6 foot tall solid (opaque) screen

1 tree/35 linear feet

1 shrub/12 linear feet

15 feet wide

C.

6 foot tall solid (opaque) screen

1 tree/25 linear feet

1 shrub/10 linear feet

20 feet wide

D.

6 foot tall solid (opaque) screen

1 tree/25 linear feet

1 shrub/8 linear feet

25 feet wide

E.

8 foot tall solid (opaque) screen

1 tree/20 linear feet

1 shrub/6 linear feet

40 feet wide

1.

The total amount of trees required for the bufferyard shall be comprised of not less than ten percent (10%) evergreen, forty percent (40%) ornamental, and fifty percent (50%) shade, except in permitted natural landscaping areas, where one hundred percent (100%) of the trees shall be native plant material specific to the soils, hydrology, and proposed ecosystems; seventy percent (70%) shall be shade trees and thirty percent (30%) shall be ornamental trees.

2.

The total amount of shrubs required for the bufferyard shall be comprised of not less than thirty percent (30%) evergreen, and seventy percent (70%) deciduous, except in permitted natural landscaping areas, where one hundred percent (100%) of the shrubs shall be native plant material specific to the soils, hydrology, and proposed ecosystems.

3.

Where an automobile dealership off-site parking lot, motor vehicle storage, or automobile display area is adjacent to a residential use, a six foot (6') solid fence shall be required in addition to bufferyard plantings.

LAND USE INTENSITY CLASSES

In order to determine the required buffer yard according to the buffer yard matrix, the following shall be used:

Class 1:

-

Single-family detached.

-

Passive recreational park, playgrounds.

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Agricultural uses.

-

Golf courses.

-

Cemeteries.

Class 2:

-

Single-family attached and residential buildings with 2 or more units up to 6 units per acre and up to 2 stories.

-

Office, medical, professional and administrative, up to 5,000 square feet and no more than 2 stories.

-

Religious uses up to 5,000 square feet.

-

Libraries up to 5,000 square feet.

Class 3:

-

Residential uses greater than 6 units per acre or over 2 stories.

-

Offices, medical, professional, administrative and banks up to 50,000 square feet.

-

Hotels and motels up to 50,000 square feet.

-

Libraries over 5,000 square feet.

-

Religious uses over 5,000 square feet.

-

Educational uses.

-

Public and utility uses and structures, other than their offices, up to 50,000 square feet.

-

Commercial parking lots and automobile dealership offsite parking lots.

Class 4:

-

Offices over 50,000 square feet.

-

Commercial and retail uses, including storage and warehouses, except vehicle service, up to 50,000 square feet.

-

Ball fields.

-

Hotels and motels over 50,000 square feet.

-

Manufacturing, fabrications, or industrial with no emissions, including sound out of the building, and no wastewater pretreatment (no emission industrial) up to 50,000 square feet.

Class 5:

-

Commercial and retail uses, including storage and warehouses, except vehicle service, up to 200,000 square feet.

-

No emission industrial up to 200,000 square feet.

-

Vehicle service up to 50,000 square feet.

-

Industrial, manufacturing and fabrication up to 50,000 square feet.

Class 6:

-

Commercial and retail uses, including storage and warehouses, except vehicle service, 200,000 square feet or greater.

-

No emission industrial over 200,000 square feet.

-

Vehicle service over 50,000 square feet. (Includes any use with vehicle service or gas pumps.)

-

Industrial, manufacturing, and fabrication over 50,000 square feet.

1.

The land use class is the principal, not accessory, uses except for vehicle service, including gasoline service. Regardless of other uses on the lot, if vehicle service is part, then the class is vehicle service.

2.

Shopping centers will be considered in the commercial and retail category.

3.

For other than shopping centers, mixed use developments on the same lots, when the uses are in the same building, the most intense use will be used. If the buildings on the lot are separated by at least twenty (20) feet, the land use class will apply for each separate building therein.

4.

Building area or square feet of a use will be the total area of all buildings on the lot.

5.

Bufferyard requirements between connected and compatible commercial and office development parking lots (i.e.; outlots of shopping centers and shopping centers), where shared parking agreements exist and which have been designed to operate as unified parking fields, may be omitted, as determined by the village manager or his/her authorized designee.

6.

If the adjacent property is vacant, the vacant property's class shall be determined by the zoning administrator and be based on the vacant land's zoning and land use designation in the adopted village master plan(s).

7.

Wooden fencing shall be of commercial grade wood, and all fences and wall materials shall be approved by the village manager or his/her authorized designee.

8.

The finished side of the fence or wall shall be erected toward the lower intensity side.

9.

If determined necessary, due to topographical changes between the abutting uses, an eight foot (8') wall or fence may be required.

10.

If a building is added on a lot or tract where other buildings exist, and is within one hundred feet (100') of an adjoining lower intensity use, the buffer yard standards shall be applied for the new building and with the lot or tract on which the new building is located, not necessarily for the entire lot or tract having the existing buildings, as determined by the village manager or his/her authorized designee.

BUFFER YARD MATRIX

(Ord. 163, passed 12-5-1961; Am. Ord. 2407, passed 9-11-1984; Am. Ord. 2747, passed 1-27-1987; Am. Ord. 2946, passed 2-23-1988; Am. Ord. 90-38, passed 4-10-1990; Am. Ord. 91-123, passed 9-24-1991; Am. Ord. 91-151, passed 11-12-1991; Am. Ord. 92-114, passed 10-13-1992; Am. Ord. 95-62, passed 6-13-1995; Am. Ord. 00-75, passed 6-13-2000; Am. Ord. 01-05, passed 1-23-2001; Am. Ord. 01-176, passed 12-11-2001; Am. Ord. 04-54, passed 4-27-2004; Am. Ord. 04-74, passed 5-25-2004; Am. Ord. 07-050, passed 3-27-2007; Am. Ord. 07-110, passed 7-24-2007; Am. Ord. 07-124, passed 8-14-2007; Am. Ord. 07-198, passed 12-11-2007; Am. Ord. 08-009, passed 1-8-2008; Am. Ord. 09-020, passed 2-24-2009; Am. Ord. 10-039, passed 4-27-2010; Am. Ord. 13-075, passed 8-27-2013; Am. Ord. 13-115, passed 11-19-2013; Am. Ord. 14-088, passed 8-12-2014; Am. Ord. 23-035, passed 4-25-2023)

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