All plant materials shall comply with the following standards.

The purposes and intent of this article are to:

(a)

Minimize the transmission from one (1) land use to another of nuisances associated with noise, dust, glare, and litter.

(b)

Minimize visual pollution that may otherwise occur within an urbanized area. Minimal screening provides an impression of separation of spaces, and more extensive screening can entirely shield the visual effects of an intense land use from a less intense land use.

(c)

Establish a greater sense of privacy from visual or physical intrusion of intense land uses, the degree of privacy varying with the intensity of screening.

(d)

Establish aesthetically pleasing, functionally appropriate and sustainable landscaping design for the long-term enhancement of the appearance of development in the community.

(e)

Safeguard the public health, safety and welfare, and preserve and enhance aesthetic qualities that contribute to community character.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

(a)

Wherever this chapter requires a greenbelt, planting, or plant material, all landscaping shall be installed in accordance with the approved landscape plan prior to the issuance of any temporary or final certificate of occupancy. Landscaping must be continuously maintained in a healthy, living, and orderly condition to uphold the original design intent.

(b)

If installation is not feasible due to seasonal limitations or other site-specific constraints, the applicant shall post a performance guarantee consistent with Sec. 98-245. In such cases, all required landscaping shall be installed within six (6) months of the issuance of a certificate of occupancy or during the next appropriate planting season, whichever occurs first.

(c)

The development services director or their designee shall conduct a compliance inspection within thirty (30) days of the stated installation deadline. If landscaping is not installed as required, the City may:

(1)

Draw upon the performance guarantee to complete the installation;

(2)

Issue a municipal civil infraction or citation, subject to fines as outlined in the Code of Ordinances;

(3)

Withhold future permits or approvals for the site until compliance is achieved.

(d)

Failure to maintain installed landscaping in a healthy condition may result in a notice of violation, with a requirement to restore or replace dead or damaged plantings within sixty (60) days. Continued noncompliance may result in additional enforcement actions, including fines and liens on the property.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

(a)

Visibility. Landscaping and screening materials shall be laid out in conformance to the requirements of Sec. 98-205 (Corner clearance) and shall not conflict with visibility for motorists or pedestrian access.

(b)

Plantings near utility lines and fire hydrants. Required plant materials and screening shall be arranged to avoid conflicts with underground and overhead utility lines and access to or visibility of fire hydrants. The anticipated height at maturity of trees planted near overhead utility lines shall not exceed the line height above grade.

(c)

Protection. Where pavement and landscape areas interface, concrete curbing or similar measures shall be provided to protect plants from vehicle encroachment.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

(a)

Walls required under this article shall have no openings for vehicular traffic or other purposes, except such openings as may be approved by the City. All walls required in this Ordinance shall be constructed of decorative stone or brick. The height of the wall shall be measured from the prevailing grade of the land on the side of the wall facing the less intense use. Walls shall be erected on a concrete foundation which shall have a minimum depth of forty-two (42) inches below a grade approved by the development services department and shall not be less than four (4) inches wider than the wall to be erected.

(b)

A six-foot tall decorative opaque vinyl fence or densely planted evergreen landscaping sufficient to form a living green wall with a minimum height of six (6) feet may be permitted by the planning commission in lieu of a masonry wall when the characteristics of the two (2) abutting uses would make such a substitution appropriate.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

To assist in maintaining plant materials in a healthy condition, all landscaped areas (including lawns) shall be provided with an automatic underground or drip irrigation system, subject to the following:

(a)

The director of development services may approve an alternative form of irrigation for a particular site, or may waive this requirement upon determining that underground irrigation is not necessary for the type of proposed plant materials.

(b)

All automatic irrigation systems shall be designed to minimize water usage, and shall be shut off during water emergencies, periods of protracted rainfall, or water rationing periods.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Screening required under this article shall be located directly adjacent to the lot line except where underground utilities interfere. Upon approval of the planning commission and when mutually agreeable to affected property owners, required screening may be located on the opposite side of an alley right-of-way when a nonresidential district abuts a residential district. The continuity of the required screening on a given block shall be a major consideration of the planning commission in reviewing such request.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

(a)

Performance bond.

(1)

Whenever a site plan requires any type of landscaping, the applicant may be required to post a performance bond prior to the issuance of a temporary or final certificate of occupancy to ensure the completion of landscaping (including irrigation) if the landscaping is not one hundred percent (100%) complete when any certificate of occupancy is requested. The City will inspect the landscaping and determine the percentage of completion and a performance bond must be submitted to the City by the developer in the sum equal to the unfinished portion of the landscape work. If the landscaping is one hundred percent (100%) complete and approved no performance bond will be required.

(2)

If a performance bond is required, it must be a cash bond or a corporate surety bond or irrevocable bank letter of credit in the full amount of the sum due as determined by the City.

(b)

Maintenance bond. A maintenance bond in the sum of twenty-five percent (25%) of estimated cost of landscaping (including irrigation) must be posted prior to the issuance of any certificate of occupancy (including temporary). The maintenance bond is held for a period of two (2) years, at the end of which time the City shall inspect the landscaping. Once any issues identified during the inspection are addressed the unused balance of the maintenance bond will be released.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

The owner of the property shall be responsible for all maintenance of site landscaping, as follows:

(a)

Landscaping shall be kept in a neat, orderly and healthy growing condition, free from debris and refuse.

(b)

Pruning shall be minimal at the time of installation, only to remove dead or diseased branches. Subsequent pruning shall assure proper maturation of plants to achieve their approved purpose.

(c)

All dead, damaged, or diseased plant material shall be removed immediately and replaced within six (6) months after it dies or in the next planting season, whichever occurs first. For purposes of this section, the planting season for deciduous plants shall be between March 1 and June 1 and from October 1 until the prepared soil becomes frozen. The planting season for evergreen plants shall be between March 1 and June 1. Plant material installed to replace dead or diseased material shall be as close as practical to the size of the material it is intended to replace. The City may notify property owners of the need to replace dead, damaged, or diseased material.

(d)

The approved landscape plan shall be considered a permanent record and integral part of the site plan approval. Unless otherwise approved in accordance with the aforementioned procedures, any revisions to or removal of plant materials or non-compliance with the maintenance requirements of this section will place the parcel in non-conformity with the approved landscape plan and be a violation of this chapter.

(e)

If protected trees are damaged, a fine shall be issued on an inch-by-inch basis at a monetary rate as defined by the City based on the replacement cost of the damaged tree.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

All landscaping shall be installed in a manner consistent with the standards of the American Association of Nurserymen, the approved site plan, and the following:

(a)

Deadline for installation. Installation of required screening and landscaping shall be completed prior to or at the time of completion of building construction, except when building construction is completed during the off-season when plants cannot be installed, in which case the owner shall provide a performance guarantee to ensure installation of required landscaping in the next planting season.

(b)

Extension. The City may extend the deadline to allow installation of required plant materials by the end of the next planting season upon determination that weather conditions, development phasing, or other factors would jeopardize required plant materials and prevent their installation by the deadline specified in this section.

(c)

Performance guarantee. Installation and maintenance bonds may be required. Refer to Sec. 98-245, above.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Whenever a landscape planting screen or other plantings are required under this Ordinance, such plantings shall be installed according to accepted good planting procedures and in a sound, workmanlike manner. All plant material shall meet current standards of the American Association of Nurserymen and approved by the American National Standards Institute, Inc. (ANSI 260.1, 1996).

(a)

All plant material shall be true to name in conformance to the current edition of Standardized Plant Names established by the American Joint Committee on Horticultural Nomenclature, or other source accepted by the City.

(b)

All plant material shall be nursery grown in a northern climate; hardy to the climate of Michigan; appropriate for the soil, climatic and environmental conditions; and resistant to disease and insect attack.

(c)

A minimum four (4) inches of topsoil shall be provided for all lawn areas, ground covers, and planting beds.

(d)

Artificial plant material is prohibited and shall not be used to meet the requirements of this article.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

The following shall apply to all groundcover materials:

(a)

All new residential sites shall have the lawn installed or be hydro seeded with straw prior to the issuance of a final certificate of occupancy.

(b)

Lawn areas shall be planted in species of grass normally grown as permanent lawns in Michigan. Grass may be sodded or hydro-seeded, provided that adequate measures are taken to minimize soil erosion. Sod or seed shall be clean and free of weeds and noxious pests or disease.

(c)

A minimum four-inch layer of shredded hardwood bark shall be placed in all planter beds containing trees or shrubs and around the base of all trees planted within lawn areas (mulch cover the entire planting pit width). To aid in maintenance operations all shrubs planted within lawn areas are to be planted in groups and mulched as a group, and hedgerows are to be mulched as one continuous strip.

(d)

Live groundcovers such as myrtle (Vinca minor), blue rug junipers (Juniperus horizontalis "Wiltonii"), Baltic ivy (Hedera helix "Baltica", Pachysandra (Pachysandra terminalis) and other similar vines and plant material should be mulched with a two-inch layer of shredded hardwood bark.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Landscape materials used to satisfy the requirements of this Article shall be common to the area and suitable for their intended use. Species native to southern Michigan are encouraged. All plant species not suitable for community planting according to the Michigan Department of Natural Resources' "Not recommended for planting" list are prohibited. These plants may not be recommended for planting for factors that include invasiveness, weak wood prone to breaking or pest and disease vulnerability. The City may prohibit other species not listed. If damaged, diseased, removed during construction, or otherwise destroyed, a prohibited plant cannot be replanted or encouraged to continue. Bare root stock of any kind is not permitted.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Spacing of plant materials required under this article shall be as follows:

(a)

Plant materials shall not be placed closer than four (4) feet from the fence line or property line.

(b)

Deciduous and all shrubs may not be planted within five feet, and evergreen trees may not be planted within ten (10) feet of any curb or public walkway.

(c)

Trees and shrubs may not be planted within ten (10) feet of a fire hydrant.

(d)

Where plant materials are planted in two (2) or more rows, planting shall be staggered in rows.

(e)

Where shrub plantings are required to form a continuous hedge or used for screening purposes, the plants shall not be spaced more than thirty-six (36) inches on center at planting and shall have a minimum height and spread of thirty (30) inches at planting. Shrubs that will not attain sufficient width to form a complete hedge spaced thirty-six (36) inches on center shall be planted at a spacing that will allow them to form a complete hedge within two (2) years of planting.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Healthy existing trees on a site may be used to satisfy any of the requirements of this article, subject to the following:

(a)

Site plans shall show all existing trees which are located on the portions of the site and on portions of adjacent sites within twenty (20) feet of the site that will be built upon or otherwise altered and are six (6) inches or greater in caliper, measured four and one-half (4½) feet above grade. Trees shall be labeled "to be removed" or "to be saved" on the site plan, with tree species and caliper noted for trees to be saved. Only trees six (6) inches in caliper or greater may be used to satisfy any landscaping requirement of this chapter.

(b)

The reviewing authority may require City inspection of existing plant materials prior to or as a condition of site plan approval to determine the health and desirability of such materials.

(c)

Protective fencing shall be placed at the dripline of existing trees, and around the perimeter of other preserved plant materials, with details of protective measures noted on the site plan. No vehicle or other construction equipment shall be parked or stored within protected areas.

(d)

In the event that healthy plant materials which are intended to meet the requirements of this chapter are cut down, damaged or destroyed during construction, said plant material shall be replaced with an equivalent species to the damaged or removed tree. Replacement trees shall be provided at the ratio of one replacement tree for each six (6) inches in caliper measured one foot above grade level or fraction thereof of tree that is cut down, damaged, or destroyed, up to a maximum of four (4) replacement trees unless otherwise approved by the City based on consideration of the site and building configuration, available planting space, and similar considerations.

(e)

Transplanting of trees within the site is prohibited without the prior approval of the reviewing authority. If such trees are transplanted, their actual replacement value must be calculated, and one hundred percent (100%) of the replacement value must be included in the maintenance bond required by Sec. 98-245.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

(a)

To ensure adequate variety, and to avoid monotony and uniformity within a site, required plant materials shall not include more than twenty percent (20%) of any single plant species, and shall comply with the following schedule for minimum sizes at planting:

PLANT MATERIAL REQUIREMENTS

* Caliper-inches measured twelve (12) inches above grade.

(b)

The reviewing authority may approve modifications from the above table for appropriate landscape materials that do not meet the above minimum size requirements or are not readily available at landscape supply yards in the required size. If smaller materials are approved, the difference for the smaller materials shall be compensated with additional material being provided. In approving such a modification, the reviewing authority shall determine that the substituted plant material size will meet the intent of this article, and that providing a landscape material that meets the above size requirements is impractical or not feasible.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Buffers or greenbelts and obscuring walls or fencing are intended to mitigate any potential negative impacts that a proposed land use may have on intensive neighboring land uses, or to obscure unsightly items or areas from view off the site. The buffer or greenbelt is a designated unit of yard or open space together with any plant materials, barriers and screening designed to minimize negative impacts of adjacent land uses. Both the amount of land and the type and amount of landscaping specified are intended to minimize potential nuisances such as noise, glare, dirt, litter unsightly areas and similar impacts.

These buffer requirements are designed to be flexible. A single standard applied to all circumstances may not function as well and might impose unnecessary difficulties on development and lead to monotony. It is the intent of the following provisions to provide flexibility to the developer or property owner through the manipulation of four (4) basic elements: distance, plant material type, plant material density and structural or land forms.

Buffers shall be required as indicated in the following table. Such buffers shall be provided along site perimeters without road frontage, except to permit driveways or other necessary site improvements.

(a)

Buffer descriptions and requirements. The following is a description of the intended character and function of each buffer type. The specific requirements for each buffer are listed in subsection (b), and the type of buffer required between land uses is listed in subsection (c):

(1)

Type A: Intended to separate uses, provide vegetation in densely developed areas, and to enhance the appearance of individual properties.

(2)

Type B: Medium density screen to partially block visual contact between zoning classifications and to create spatial separation.

(3)

Type C: High density screen intended to substantially block visual contact between zoning classifications and create spatial separation. Type C planting buffers reduce light and noise trespass that would otherwise intrude upon adjacent zoning classifications. Must form an opaque screen to a height of eight (8) feet within three (3) years of planting.

(b)

Buffer requirements. The following table (Buffer Standards) lists the minimum amount of plant material required in each buffer type. The following table lists only the minimum requirement, and nothing shall prevent a property owner from providing additional landscaping. Landscaping required by the following table may be planted in clusters at appropriate locations within the buffer or spaced regularly throughout the buffer, provided that the landscape plan meets the intent of the buffer type listed in subsection (a), above.

Notes:

¹

All screen walls shall be six (6) feet in height, consist of brick or stone, and capped with a stone or concrete cap. The color and material shall be coordinated with the materials of the principal building. All required buffers within residential developments must be placed within defined landscape buffer easements and may not be part of any individual residential lot.

²

For narrow buffer yards with a wall, no evergreen trees are required. Instead, additional deciduous trees and shrubs shall be provided at the rate of one-half (½ or 0.5) deciduous trees and two (2) shrubs for each evergreen tree that would otherwise be required in the buffer yard. These additional deciduous trees and shrubs are in addition to the deciduous trees and shrubs otherwise required in the buffer yard.

³

The berm requirement may be waived if existing vegetation that provides an equal or greater screen than would otherwise be provided is proposed to remain undisturbed. Earth berms required under this Ordinance shall consist of raised earth with side slopes of 3:1 or flatter with a four-foot-wide flat or slightly rounded crest contoured to the side slopes to facilitate maintenance. Berms shall be covered with grass or other ground cover to prevent erosion.

(c)

Required buffers. The following table lists the required buffers that must be provided by the use in the developing zoning district against uses in other zoning districts:

Table Notes:

¹

Landscape requirements apply only to subdivision or condominium development in one (1) family residential zoning districts. The buffer yard may be accommodated on or within lots and need not be provided in a separate landscape area.

²

The planning commission may require a six-foot tall decorative masonry screen wall in addition to the landscape requirements.

³

Where the rear yard of lots or units in a plat or condominium face an arterial or minor arterial road as defined by the comprehensive plan, a minimum eight-foot tall opaque screen shall be provided along the entire length of frontage. Such screen may be provided by preserving existing vegetation and/or by additional plantings. No screen is required if the side or front yard faces such a street.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

The development of land for parking lot purposes alters natural topography, disturbs existing vegetation and creates impervious surface, all of which can have a negative effect on the ecological balance of an area by causing increases in air temperature and accelerating the processes of runoff, erosion, and sedimentation. Recognizing that the preservation or installation of vegetative cover in parking lots promotes the health, safety and general welfare by aiding in the stabilization of the environment's ecological balance by contributing to the process of air purification, ground water recharge, and stormwater runoff retardation while at the same time aiding in noise, glare and heat abatement the following requirements for the landscaping of parking and outdoor display areas are enacted.

(a)

Interior landscaping. Interior landscaping shall be provided within the boundaries of the parking lot unless otherwise approved by the reviewing authority. If interior landscaping is provided along the perimeter of the parking lot, it shall be in addition to the perimeter landscaping requirements.

(1)

Interior landscaping areas equivalent to five percent of the vehicle use area shall be required in all parking lots of twenty (20) spaces or more. One deciduous shade tree shall be required for each one hundred fifty (150) square feet of required interior landscape area. The vehicle use area includes all areas used for vehicular circulation and parking.

(2)

Terminal landscape islands shall be provided at the end of each row of parking spaces to separate parking from adjacent drive aisles. Terminal islands shall be curbed, and shall be at least one hundred forty-four (144) square feet in area and eighteen (18) feet long for each single row of parking spaces. Each landscape island shall have a minimum of one (1) shade tree. The reviewing authority may waive the requirement for terminal landscape islands in the interest of meeting barrier free requirements.

(3)

Interior landscape islands shall have a minimum area of one hundred sixty (160) square feet and a minimum width of eight (8) feet (measured from the back of curb). Each landscape island shall have a minimum of one (1) deciduous shade tree.

(4)

Parking lot divider medians with a minimum width of eight (8) feet (measured from the back of curb) may be used to meet interior landscape requirements and shall form a continuous strip between abutting rows of parking. One (1) shade tree or two (2) ornamental trees shall be required for each twenty-five (25) lineal feet of divider median or fraction thereof. Shrubs shall be planted to form a continuous hedge the full length of divider medians which separate parking areas from access drives.

(5)

Two (2) feet of interior landscape areas (except parking lot divider medians) may be part of each parking space required under Article XI of this chapter. Wheel stops or curbing shall be installed to prevent vehicles from encroaching more than two (2) feet into any interior landscaped area. If a landscape area is used for parking overhang, at least two feet of clear area planted with lawn or covered with mulch shall be provided where cars will overhang the curb to protect landscape plantings from damage.

(b)

Perimeter landscaping. Perimeter landscaping shall be provided along the edge of any parking lot facing and located one hundred (100) feet of a public right-of-way, unless, in the opinion of the reviewing authority, the parking lot will be sufficiently screened from view by buildings or other site features or improvements. Parking lot perimeter landscaping shall comply with the following standards:

(1)

Perimeter parking lot landscaping shall include a minimum of one (1) deciduous shade tree per each twenty-five (25) linear feet or fraction thereof and one (1) ornamental tree per each thirty-five (35) linear feet or fraction thereof.

(2)

Wherever a parking lot or vehicle parking space is located within thirty (30) feet of a public street or right-of-way, the perimeter landscaping shall also include a continuous hedge of deciduous or upright evergreen shrubs planted not more than thirty (30) inches on center between the parking area and the street.

(c)

Curbing required. All landscaping and perimeter screening shall be protected from vehicle encroachment with concrete curbing or similar permanent means.

(d)

Snow storage area. Adequate snow storage area shall be provided within the site. Plant materials in snow storage areas shall be hardy, salt-tolerant groundcovers characterized by low maintenance requirements.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Vehicle use areas, including service areas, loading areas shall be screened from adjacent residential areas and from the public right-of-way. Such screening may be accomplished by a masonry wall, building wing wall, or densely planted landscape buffer, or other means acceptable to the reviewing authority.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

This section is intended to comply or act in compliance with Part 303, Wetlands Protection, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended (See MCL 324.101 et seq.). The City encourages placement of buildings so as to protect and preserve state regulated wetlands.

(a)

Any disturbance of soil, removal of landmark trees or stumps, grading, modification of water either into or away from a wetland regulated by the State of Michigan or U.S. Army Corps of Engineers; or an activity prohibited by MCL 324.30304 of 1994 PA 451, as amended; or an activity undertaken without a permit from the State of Michigan or Army Corps of Engineers, may result in a stop-work order issued by the City and/or require restoration of the wetland, in accordance with standards of the State of Michigan and/or the United States Army Corps of Engineers standards (see MCL 324.30304).

(b)

Where stormwater is planned to drain into a wetland, a filtration strip or other material shall be used to control sediment runoff. Maintenance of these filtration materials shall be addressed in a deed or as a condition of site plan approval.

(c)

Land shall not be subdivided in a manner creating parcels or lots which cannot be used in conformance with the requirements of this section or state regulations.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

All development resulting in physical modifications to one (1) or more acres of land are subject to review under the requirements of this section and shall be designed, constructed, and maintained to prevent flooding and protect water quality. The particular facilities and measures required to protect the site shall be based upon the natural features, wetlands, and watercourses found thereon, and the potential for on-site and off-site flooding, water pollution, and erosion.

(a)

Standards. The design of storm sewers, detention facilities, and other stormwater management practices shall comply with the standards of the City and Lenawee County Drain Commission Standards:

(1)

Stormwater management conveyance, storage, and infiltration measures and facilities shall be designed to prevent flood hazards and water pollution related to stormwater runoff and soil erosion from the proposed development.

(2)

The use of swales and vegetated buffer strips is encouraged in cases where the planning commission deems them to be safe and otherwise appropriate as a method of stormwater conveyance. Such conveyances shall: decrease runoff velocity, allow for natural infiltration, allow suspended sediment particles to settle, and remove pollutants.

(3)

Alterations to natural drainage patterns shall not create flooding or water pollution for adjacent or downstream property owners.

(4)

Discharge of runoff from any site which may contain oil, grease, toxic chemicals, or other polluting materials is prohibited. If a property owner proposes measures to reduce and trap pollutants, the owner shall meet the requirements of all appropriate State departments. Such a proposal shall be submitted and reviewed by the Director of Water and Wastewater Utilities, with consultation of appropriate experts.

(5)

Drainage systems shall be designed to protect public health and safety and to be visually attractive.

(6)

Outfall protection shall be established by the City for sites where stormwater discharges directly into a river, lake, or county drain.

(7)

Water runoff from patios, driveways, downspouts or gutters shall not discharge directly, or indirectly onto adjacent properties. Water may drain onto front or rear yards or may be discharged into an approved storm sewer system.

(8)

Foundation drainage systems shall only discharge into an approved storm system, providing one is available to service the property. In the event of a storm sewer not being available, other design methods may be used to disperse water, if approved.

(b)

On-site Stormwater Detention. For the purpose of controlling drainage to off-site properties and drainageways, all properties which are developed under this section, whether new or improved, shall provide for on-site detention of stormwater in accordance with the current City standards.

(c)

Retention or Detention Basin. All stormwater retention or detention ponds in multiple residential dwelling, commercial, or industrial districts shall be designed in accordance with City engineering standards and landscaping standards in Sec. 98-259.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Where any pond, retention basin, detention basin, or other constructed stormwater management facility is required, it shall comply with the following requirements:

(a)

Basin configurations shall be incorporated into the natural topography to the greatest extent possible. Where this is not practical, the basin shall be shaped to emulate a naturally formed or free form depression. The basin edge shall consist of sculptured landforms to filter and soften views of the basin.

(b)

Basins shall be designed to avoid the need for perimeter fencing. Where such fencing is necessary, the location and design shall be subject to Planning Commission approval.

(c)

Basins shall be planted with a mixture of groundcover and wetland-based plantings native to Michigan, such as native grasses or wildflowers.

(d)

A perimeter greenbelt buffer shall be provided in accordance with Sec. 98-254 (Buffer requirements) and the following:

(1)

Plantings shall be clustered around the basin to achieve a variety of plant materials and to replicate a natural environment. Deciduous shade trees shall be clustered around the south and west sides of the basin to provide shade and minimize solar heating of the water.

(2)

Trees shall be planted above the freeboard line of the basin. Any plantings proposed below the freeboard line shall be tolerant of wet or moist soil conditions. The location of plant materials shall take into consideration the need to provide access for routine basin maintenance.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Public rights-of-way and other public open-space areas adjacent to required landscaped areas and development sites shall be landscaped in a manner that enhances the visual character of City streets and minimizes adverse impacts of vehicular traffic on adjacent uses. Right-of-way landscaping shall be subject to the following:

(a)

Street trees. Street tree plantings shall be required for all development projects adjacent to or along the margins of street rights-of-way in the City, subject to the following:

(1)

Street trees shall consist of deciduous shade trees planted at a minimum concentration of one (1) street tree per thirty-five (35) linear feet of right-of-way. Required trees may be planted at regular intervals or in groupings.

(2)

Existing trees in good condition and of a desirable species located near or within street rights-of-way shall be preserved where feasible and be counted toward the street tree planting requirement should the existing trees be four (4) inches in caliper or greater.

(3)

Permits may be required by the Lenawee County Road Commission or Michigan Department of Transportation for installation of street trees within rights-of-way under their jurisdiction. Where such plantings are not permitted within a street right-of-way, required street trees shall be planted within the front yard setback area, or at an alternative location approved by the reviewing authority.

(b)

Ornamental trees. Ornamental trees shall be required for all development projects along the margins of street rights-of-way in the City. One (1) ornamental tree shall be planted for every seventy-five (75) lineal feet of right-of-way frontage. Ornamental trees may be clustered or planted at regular intervals.

(c)

Tree Spacing. The location of all trees planted in the right-of-way and other public open-space areas adjacent to required landscaped areas and development sites shall comply with the following spacing and location table.

(d)

Groundcover plantings within street rights-of-way. Street rights-of-way shall be irrigated and sodded with lawn grasses.

(e)

Maintenance of right-of-way landscaping. Right-of-way landscaping shall be maintained by the owner of the abutting lot(s), including any irrigation of the right-of-way.

(f)

Corner clearance. Right-of-way landscaping shall comply with the corner clearance requirements of Sec. 98-205.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Any portion of a front, side or rear yard not utilized for storage, parking, loading or unloading in a zoning district other than RA-1, RA-2, or M-H shall be planted and maintained in a neat condition. A minimum of one (1) tree per three thousand (3,000) square feet of planted yard area shall be provided, in addition to any other landscaping requirements of this article.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

(a)

Purpose. To allow and encourage the use of front, side, and rear yards for gardens, native plantings, and alternative ground covers as a sustainable and aesthetic alternative to traditional turf lawns.

(b)

Permitted Alternatives. In lieu of conventional turf grass, property owners may install:

(1)

Vegetable or edible gardens.

(2)

Native plantings.

(3)

Pollinator gardens.

(4)

Rain gardens.

(5)

Ground covers such as clover, sedum, or mulch beds.

(6)

Meadow-style plantings with native grasses and wildflowers.

(c)

Location and Height.

(1)

Alternative lawn landscaping, as identified in subsection (b), shall be limited to fifty percent (50%) of the total rear and side yard.

(2)

Alternative lawn landscaping shall not be permitted in any road rights-of-way without the written permission of the Development Services Director.

(3)

Gardens and alternative landscaping are permitted in side and rear yards.

(4)

Landscape beds are permitted in the front yard up to a maximum of twenty-five percent (25%) of the front yard area.

(5)

Plants shall not obstruct clear vision zones, public sidewalks, or driveways.

(d)

Maintenance.

(1)

All plantings must be maintained in a neat and intentional manner to prevent the appearance of neglect or overgrowth.

a.

Weeds and invasive species must be controlled in accordance with municipal weed ordinances.

b.

No soil, mulch, or plant matter shall be allowed to encroach onto sidewalks, curbs, or public rights-of-way.

c.

Planting beds must have a clearly defined border (e.g., edging, mulch line, or curb).

d.

All dead, diseased, or dying plants must be promptly removed or replaced.

(e)

Structures and Materials.

(1)

Raised beds, edging, and decorative fencing are permitted but must not exceed eighteen (18) inches in height in front yards and must be constructed of durable, non-reflective materials.

(2)

Compost bins, rain barrels, and other support structures must be located in side or rear yards unless screened from view.

(f)

Exceptions. Properties listed on the National Register of Historic Places or located within a designated Historic District may be subject to additional review or design standards.

(g)

Enforcement.

(1)

The development services director or code enforcement officer shall have the authority to determine compliance.

(2)

Violations shall be addressed through a written notice, allowing at least thirty (30) days for correction or appeal before fines are issued.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Recognizing that a wide variety of land uses and the relationships between them can exist, and that varying circumstances can mitigate the need for landscaping, the reviewing authority may reduce or waive the screening and buffer requirements of this article and approve an alternative screening plan. The reviewing authority shall find that the following standards have been met whenever it modifies any landscaping requirement:

(a)

The landscape/screening plan shall protect the character of new and existing residential neighborhoods against negative impacts such as noise, glare, light, air pollution, trash and debris, and hazardous activities.

(b)

The alternate width and type of buffer zone and screening provided therein will ensure compatibility with surrounding and nearby land uses because:

(1)

The development is compatible with and sensitive to the immediate environment of the site and neighborhood relative to architectural design, scale, bulk, building height, identified historical character, disposition and orientation of buildings on the lot and visual integrity.

(2)

The site has natural existing vegetation and/or topography, natural bodies of water or wetland areas or other existing conditions which offer screening consistent with the standards set forth in this Article X. The reviewing authority shall require the preservation of these natural features as a condition of site plan approval.

(3)

The arrangement, design and orientation of buildings on the site maximize privacy and isolate adjacent and nearby land uses from any potential negative impacts of the project.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

The purpose and intent of this division is to protect and maintain trees and woodlands within the City for the following reasons:

(a)

Trees are proven producers of oxygen, a necessary element for the survival of mankind;

(b)

Trees play an important role in the hydrologic cycle, transpiring considerable amounts of water each day, thereby precipitating dust and other particulate airborne pollutants from the air;

(c)

Trees play an important role in neutralizing wastewater, which passes through the ground from the surface to groundwater tables and lower aquifers;

(d)

Trees, through their root systems, stabilize the soil and play an important and effective part in soil conservation, erosion control and flood control;

(e)

Trees are an invaluable physical and psychological addition to the City, making life more comfortable by providing shade, by cooling both air and land, by reducing noise levels and glare, and by breaking the visual monotony of development on the land;

(f)

Trees provide wildlife habitat and play other important ecological roles;

(g)

The protection of trees within the City is not only desirable, but essential to the present and future health, safety, and welfare of all the citizens of the City; and

(h)

Trees are matters of paramount public concern as provided by Article IV, Section 52 of the Constitution of the State of Michigan, as well as the Natural Resources and Environmental Protection Act of 1994 (PA 451 of 1994, as amended).

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

This division shall apply to any land or development activity for which a site plan is required in accordance with Article II, Division 3 of this chapter. It shall be unlawful for any person to remove any protected tree, relocate any protected tree, or substitute any tree in place of a protected tree upon land requiring site plan approval for development, unless the reviewing authority has first authorized such action by approval of a site plan including a tree survey and a tree removal and replacement plan.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

It shall be a violation of this division for any person to remove, damage or destroy a tree; or cause a tree to be removed, damaged or destroyed unless such removal, damage or destruction is in compliance with the requirements of this chapter or is authorized by a site plan approved pursuant to Article II, Division 3 of this chapter.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

(a)

Critical root zone means the area where a tree's roots are located. The critical root zone is described by a circle around the tree with one (1) foot of radius for each one (1) inch D.B.H. of the tree.

(b)

Diameter at breast height or D.B.H. means a tree's diameter in inches measured fifty-four (54) inches above grade level.

(c)

Tree or protected tree or regulated tree means a living, woody, self-supporting plant with a diameter of eight (8) inches or greater D.B.H.

(d)

Tree removal plan means a one (1) inch (or more) equals two hundred (200) feet scale aerial or drawing to scale, plotted by accurate techniques, that provides the location of all trees protected under the provisions of this division and the common name of all such trees together with their D.B.H.; tree protection measures; and a tree replacement plan. The Tree removal plan shall be prepared by and signed and sealed by a registered landscape architect, registered forester, or certified arborist.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Each site plan submitted to the City on and after the effective date of this chapter shall show the location, common name, and D.B.H. of all trees protected by this chapter that are then growing upon the land to which the site plan applies. The site plan approved by the planning commission (or other body or individual having site plan approval authority) shall show the location, common name and D.B.H. of all protected trees retained, relocated, substituted or otherwise required.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

Before any protected tree is removed or relocated on land requiring site plan approval, the owner of the land involved shall make application to the City for a tree removal permit. The application shall include a tree location survey including a tree removal and replacement plan.

The reviewing authority shall not approve the removal of any tree unless it determines that one (1) or more of the following conditions exist:

(a)

The tree poses a safety hazard to pedestrian or vehicular traffic or unmanageably threatens to cause disruption to public utility services.

(b)

The tree poses a safety hazard to buildings or structures.

(c)

The tree completely prevents access to a lot or parcel, without any reasonable alternative means of access.

(d)

The tree unreasonably prevents development of a lot or parcel, or the physical use thereof.

(e)

The tree is diseased or has been weakened by age, storm, fire or other injury that was not inflicted or caused by or on behalf of the landowner and that the resulting condition of the tree poses a real danger to persons or property.

(f)

All reasonable alternatives to removal of the tree must first have been considered and rejected as impractical or unfeasible.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

(a)

Identifying trees to be removed. All trees that have been approved for removal shall be identified on site by fluorescent orange spray paint or by red flagging tape prior to development. Trees selected for transplanting shall be flagged with a separate distinguishing color. All tree flag colors to be used in the field shall be noted on the tree removal plan.

(b)

Critical root zone. No person shall conduct activity within the critical root zone of any tree designated for preservation, including, but not limited to, the storage or placing of solvents, building materials, construction equipment or soil deposits, or the parking of any vehicles.

(c)

Tree protection fence. Prior to any development, land clearing, grading, or other site work commencing on the site, the developer or builder shall provide and maintain tree protection fences around the critical root zone of all trees to be preserved.

(1)

Construction. Tree protection fencing shall be constructed of one-inch by one-inch (1" x 1") boards, or similar sturdy stock, to shield protected trees. Snow fencing or other similar temporary fencing using vinyl or plastic as the primary fence material are not suitable. Details of the tree protection fences must be included on the tree removal plan.

(2)

Exceptions. Street rights-of-way, utility easements, and large areas separate from construction or land clearing activities where no equipment or materials will be stored may be cordoned by placing stakes a minimum of fifty (50) feet apart and tying ribbon, plastic tape, or other brightly visible materials at least thirty (30) inches above the ground along the outside perimeter of areas to be cleared.

(d)

Tree protection fence inspection. The location and construction of tree protection fences on the site must be inspected and approved by the City before any construction activity, tree removal, or land balancing activity commences. Protective fences shall remain in place until the City authorizes their removal or issues a final certificate of occupancy, whichever occurs first.

(e)

Attachments prohibited. No damaging attachment, wires (other than supportive wires for a tree), signs or permits may be fastened to any tree protected by this section.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

(a)

Replacement required.

(1)

Any regulated tree to be removed shall be replaced on a one-to-one basis. Replacement trees shall have a minimum caliper size of three (3) inches.

(2)

As an alternative or partial alternative, the reviewing authority may approve replacement trees that are smaller than three (3) inches caliper size in situations where the intent is to create or recreate a densely wooded area or wood lot on the site. Such grouping of trees shall consist of tightly grouped trees with a minimum caliper size of one (1) inch. When this alternative is used, three trees shall be provided for every tree to be removed.

(b)

Location of replacement trees. Replacement trees shall, if practicable, be located on the same site as the trees to be removed.

(c)

Relationship to other landscaping requirements. Replacement trees shall not be counted towards any other landscaping requirement of this chapter.

(d)

Maintenance. Replacement trees shall be staked, fertilized, watered and mulched to ensure their survival in a healthy growing condition. Stakes and associated materials shall be removed after one (1) year, and any dead replacement trees shall be replaced by the property owner.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

When in the interest of public safety, health and general welfare, it becomes necessary to remove trees damaged or destroyed by high winds, storms, tornados, floods, freezes, snows, fires, or manmade and natural disasters not inflicted or condoned by the landowner or his or her agent, the building official may excuse noncompliance with this section, provided that the landowner so notifies the planning commission of such removal and the reason therefore within ten (10) days of the disaster.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)

A violation of this division shall be treated as a violation of this chapter shall be subject to the following penalty provisions:

(a)

Misdemeanor offense. Any person who shall violate any provision of this division shall be guilty of a misdemeanor offense and shall be punished by a fine of not more than five hundred dollars ($500.00) and costs of prosecution or by imprisonment for not more than ninety (90) days, or both such fine and imprisonment in the discretion of the court.

(b)

Repeated offenses. Each regulated tree removed or damaged in violation of this chapter shall constitute a separate misdemeanor offense.

(c)

Injunctive and other relief authorized. Any act or omission in violation of this division is hereby declared to be a nuisance per se and may be abated by order of a court of competent jurisdiction.

(Ord. No. O-06-25, § 1(Exh. A), 8-4-2025)