All construction activity that is subject to the site plan approval procedures of section 14.05 is subject to the tree preservation and landscape regulations of this article X as well as the heritage tree regulations of chapter 80, article III of the village code.

(Ord. of 08-07-2025(1), 8-7-2025)

Applications for construction as described in section 10.01 must include the following materials in a form acceptable to the village and as further described herein. The village's review of such plans and materials may include an inspection of the site and referral of the application to other appropriate administrative departments or agencies for review and recommendation.

(A)

Landscape plan. Applicants must provide the village with a landscape plan at the time of site plan review. Such plans must indicate the locations of existing trees to be preserved, utilities and utility easements, building pads, retention/detention basins, proposed contours, and all required and proposed landscape features. Required landscape plans must be prepared by a professional landscape architect or landscape designer in accordance with village requirements.

(B)

Tree survey. The zoning administrator is authorized to require a tree survey with the landscape plan. Otherwise, tree surveys are required prior to permit issuance and approval. Tree surveys must include information on all existing trees with a diameter at breast height (DBH) of four inches or greater. Information must indicate the location, size, species and condition of each tree, as well as existing and proposed structures, improvements, utilities, driveways, and contours at one-foot intervals.

(C)

Tree preservation plan. The zoning administrator is authorized to require a tree preservation plan with the landscape plan. Otherwise, tree preservation plans are required prior to permit issuance and approval. Tree preservation plans must identify those trees to be protected with a tree protection detail labeled on the tree survey. The plan must indicate the location, size, species and condition of each tree to be protected, as well as proposed structures, improvements, utilities, driveways, and contours at one-foot intervals. The tree preservation plan must also identify all protective measures to be taken to avoid construction damage to protected trees (i.e., pumping concrete, crown or root pruning).

(Ord. of 08-07-2025(1), 8-7-2025)

No permit for construction, as described in section 10.01, may be issued until such time that a tree preservation and landscape plan is approved by the village.

(Ord. of 08-07-2025(1), 8-7-2025)

All zoning and permit applications for construction, as described in section 10.01, are subject to the tree preservation and replacement requirements of this section

(A)

It is unlawful for any person to remove, injure, or undertake any procedure that will cause death or substantial damage to any tree protected by this article or other provisions of the village code.

(B)

All trees within construction areas or areas where future construction is expected must be protected until otherwise stated upon approval of a submitted tree survey, tree preservation plan, and landscape plan.

(C)

At least 50 percent of existing trees with a DBH of four inches or more, as shown on the required tree survey, are required to be replaced within all construction areas. If the property cannot accommodate the replacement trees, the village may allow payment as approved by the village forester, equal to the cost that would have been incurred, to purchase and install replacement trees elsewhere. The village must use such collected funds to purchase and plant trees elsewhere within the village. Trees required to be planted by the landscape regulations of section 10.07 may be counted toward this replacement requirement.

(D)

It is unlawful for any person to remove, injure, or undertake any procedure that will cause death or substantial damage to any tree in construction areas or areas where future construction is expected before approval of a submitted tree survey, tree preservation plan, and landscape plan. Trees that are removed before approval of the tree survey and landscape plan will be valued on a tree-for-tree basis and will be required to be replaced within the construction area after construction has commenced. If the property cannot accommodate the replacement trees, the village may require payment as approved by the village, equal to the cost that would have been incurred, to purchase and install replacement trees elsewhere. The village must use such collected funds to purchase and plant trees elsewhere within the village.

(E)

The village retains jurisdiction to ensure compliance with this section and is authorized to issue a stop-work order for noncompliance. A stop-work order issued pursuant to this section may not be removed except by the village.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

Whenever construction, as described in section 10.01, affects trees and their root zones on a given parcel or on adjacent parcels, all appropriate tree protection measures must be taken. The applicant must consider and the village may require, the following specific protective measures for all development, or work requiring a permit, on properties with trees subject to regulation. Violation will result in the stoppage of all work and fines each day for each separate violation until corrections have been made to the satisfaction of the village.

(1)

Protective fencing is required for and must be shown on the required tree preservation plan for all trees required or proposed to be preserved within 15 feet of any construction or construction material or construction equipment storage, including trees on adjacent properties. The entire parkway, except for the access point, must be properly fenced off from sidewalk to curb. All required protective fencing must be in place and approved by the village before a demolition permit will be issued. All fencing must remain in place during the entire construction period. All tree protective fencing must be at least six feet in height unless otherwise approved by the village. All fencing must be secured to metal posts driven into the ground and spaced no further than ten feet apart. Fencing may not be removed or relocated unless authorized in writing by the village. The general contractor is responsible for the construction, erection, and maintenance of tree protection fencing in accordance with the conditions of the building permit around tree preservation areas. The approved tree preservation plan must be available on the building site before work commences and always during construction of the project. The general contractor is responsible for giving written notice of the tree preservation plan to all contractors or subcontractors before they enter the site.

(2)

Pumping of concrete for the foundation or other protective measures such as crown pruning and root pruning may be required for preservation of existing trees. These measures must be indicated on the tree preservation plan.

(3)

During construction all reasonable steps must be taken to prevent the destruction or damaging of trees required or proposed to be preserved (including their root zones). No vehicle or equipment may be driven nor parked within the tree protection zone.

(4)

During construction, unless otherwise authorized by the approved tree preservation plan, no excess soil, additional fill, equipment, liquids, or construction debris, may be placed within the root zone of any tree that is required to be preserved in its present location.

(5)

During the construction period, no attachments, fences or wires, other than approved materials for bracing, guying or wrapping, may be attached to any tree that is required or proposed to preserved.

(6)

All measures must be taken to maintain the health of trees which are transported to the site.

(7)

Because construction damage to trees can sometimes take months or years before becoming apparent, any violation of the tree preservation specifications will be construed to result in a damaged or injured tree. In the event that a tree is damaged or injured, the contractor has the option to remove and replace the tree as specified in this article or post a bond for a period of three years for the associated cost of mitigating construction damage within the three-year period (pruning or removal and replacement). After the construction process is completed, contractors have no responsibility for trees that have been protected throughout the entire construction process and in accordance with the approved tree protection plan.

(B)

The village retains jurisdiction to ensure compliance with this section and is authorized to issue a stop-work order for noncompliance. A stop-work order issued pursuant to this section may not be removed except by the village.

(Ord. of 08-07-2025(1), 8-7-2025)

Failure to comply with an approved tree preservation plan or removal of protected trees before approval of a tree preservation plan is subject to the following penalties and remedies. When issuing a permit authorizing the removal of a tree, the village may require the property owner to replace all trees removed in accordance with the following minimum standards.

(A)

If any tree subject to preservation under this article (Article X) is removed within one year prior to any zoning or permit application, to the extent possible, the removed trees must be included in the tree replacement requirements described herein.

(B)

Any tree that is designated for preservation is removed during construction activities must be replaced with a new tree of approved species with a minimum DBH equal to the removed tree. If the property cannot accommodate one or more of the required replacement trees, then the village may require payment as approved by the village, equal to the cost that would have been incurred, in order to purchase and install replacement trees elsewhere. The village must then use such collected funds to purchase and plant trees elsewhere within the village.

(C)

If a tree, that is to be preserved according to the approved tree preservation plan, is damaged or injured by other than natural causes to the extent that it is likely to die or become diseased, or if it constitutes a hazard to persons or property, it must be removed and replaced with a tree of approved species with a minimum DBH equal to the removed tree. If the property cannot accommodate one or more of the required replacement trees, then the village may require payment as approved by the village, equal to the cost that would have been incurred, in order to purchase and install replacement trees elsewhere. The village must then use such collected funds to purchase and plant trees elsewhere within the village.

(D)

Species of trees replacement trees must be approved by the village before planting.

(Ord. of 08-07-2025(1), 8-7-2025)

(A)

Purpose. The landscape regulations of this section establish minimum requirements for landscaping and screening. The regulations are intended to advance the general purposes of this zoning ordinance and to help:

(1)

Maintain and enhance the village's appearance;

(2)

Mitigate possible adverse impacts of higher intensity land uses abutting lower intensity land uses;

(3)

Reduce the impacts of noise and glare;

(4)

Maintain and improve air quality;

(5)

Protect surface water quality and reduce the negative impacts of stormwater runoff by reducing impervious surface area and providing vegetated areas that filter and retain greater amounts of stormwater on site;

(6)

Moderate heat by providing shade;

(7)

Encourage wise use of water resources;

(8)

Encourage preservation and replacement of existing trees and landscaping; and

(9)

Encourage greater use of low-impact development practices.

(B)

Principles. The landscape regulations of this section will be interpreted, administered and enforced in accordance with the following general principles:

(1)

Preservation of existing, healthy trees and shrubs is a top priority and is strongly encouraged.

(2)

Trees, shrubs, groundcover and turf must be the primary sources of landscaping and must be installed and maintained to reduce stormwater runoff and ensure safe visibility at intersections and points of vehicular access.

(3)

The design of landscape areas to promote low-impact development practices (e.g., bioretention basins, rain gardens, filter strips, and grassed swales) is strongly encouraged and may be used to satisfy the landscape regulations of this zoning ordinance, subject to compliance with all applicable stormwater management standards.

(4)

The alternative compliance provisions of section 10.07(G) are intended to accommodate creativity in landscape and screening design and address site-specific barriers that prevent strict compliance with the regulations of this chapter.

(C)

Residential landscape requirements.

(1)

Applicability. The residential landscape regulations of this subsection apply to all residential development except for detached houses and multi-unit residential buildings. (Note: detached houses are exempt from landscape regulations and multi-unit residential buildings are subject to the nonresidential landscape regulations of section 10.07(D).

(a)

In front, side and rear yards, at least two shrubs with a minimum height of 24 inches at the time of planting, must be planted for every ten linear feet of foundation along the portion of the building facing a public or private street.

(b)

In addition to the above, at least two of the following requirements must also be satisfied:

i.

Planting or preservation of at least one shade tree with a minimum caliper size of three inches for each 100 linear feet of building foundation, or portion thereof, along the front and corner side yards; and/or

ii.

Planting or preservation of at least two understory trees with a minimum caliper size of three inches for each 100 linear feet of building foundation, or portion thereof, along the front and corner side yards; and/or

iii.

Planting or preservation of at least three evergreen trees with a minimum height of six feet for each 100 linear feet of foundation, or portion thereof, along the front and side yards.

(c)

Planting beds must be covered with ground cover or mulch.

(d)

Tree planting in private areas must be done in a solar-conscious design, emphasizing the benefits of shade during the summer months and warming sunlight in the winter.

(D)

Nonresidential and multi-unit residential landscape requirements.

(1)

Applicability. The nonresidential and multi-unit residential landscape regulations of this subsection apply to all nonresidential development and all multi-unit residential development, and mixed-use (residential + nonresidential) development.

(2)

General site landscape.

(a)

At least 50 percent of the unimproved ground area on a site must be landscaped with trees, shrubs, turf or ground cover plants.

(b)

At least one tree must be planted per 500 square feet of site area required to be landscaped. One-third of the trees mut be evergreens with a minimum height of six feet, one-third of the trees must be understory varieties with a minimum height of six feet or a minimum caliper size of three inches, and one-third of the required trees must be canopy trees with minimum caliper size of three inches.

(c)

At least one shrub must be planted per 50 square feet of site area required to be landscaped. Required shrubs must be at least two feet in height at time of planting.

(3)

Foundation plantings.

(a)

General. Foundation planting beds with a minimum width of six feet must be provided on all sides of the principal building except where sidewalks or driveways lead to building entries, garages, or loading docks. Foundation plantings must be comprised of a combination of canopy trees, understory trees, evergreen trees, shrubs, ground covers, and flowers. Planting beds must be covered with groundcover plants or mulch.

(b)

Street-facing facades. At least two shrubs with a minimum height of two feet at the time of planting must be planted for every ten linear feet of foundation wall along street-facing facades of the principal building. In addition, at least two of the following must also be provided within street yard areas adjacent to street-facing principal building facades:

i.

One canopy tree with a minimum caliper size of three inches for each 100 linear feet of building foundation wall, or portion thereof; and/or

ii.

Two understory trees with a minimum caliper size of three inches for each 100 linear feet of building foundation wall, or portion thereof; and/or

iii.

Two evergreen trees with a minimum height of six feet for each 100 linear feet of building foundation, or portion thereof.

(4)

Parking lot interiors.

(a)

Purpose. The interior parking lot landscape regulations of this section are intended to help mitigate the visual and stormwater runoff impacts of large paved areas and provide shade for parked vehicles and pedestrians.

(b)

Applicability. Unless otherwise expressly stated, the interior parking lot landscape regulations of this section apply to all the following:

i.

The construction of a new principal building or addition to a principal building that increases the floor area of principal buildings on the subject lot by more than 20 percent;

ii.

The construction or installation of any new parking lot containing four or more parking spaces; and

iii.

The expansion of any existing parking lot that increases the number of parking spaces or amount of paved area by more than 20 percent.

(c)

Parking lot landscape islands. All parking lots containing 20 or more parking spaces must provide landscape islands, as follows:

i.

All rows of parking that end abutting a paved driving surface must have a landscape terminal island (end cap) at that end of the parking row.

ii.

When more than 20 parking stalls are located in a single row, at least one landscape island must be provided between each 20 parking stalls. The location of such landscape islands may be modified at the time of landscape plan approval based on site-specific design considerations, provided that the total number of landscape islands may not be reduced below one island per 20 parking spaces.

iii.

Required landscape islands must be at least eight feet in width, as measured from the back of curb to back of curb, with a minimum area of 150 square feet when located in a single row of parking spaces or 300 square feet when located within a double row of facing parking spaces.

(d)

Required trees.

i.

For pavement areas of up to 6,000 square feet in area, at least one canopy tree with a minimum caliper size of three inches must be provided for every 1,500 square feet of pavement area.

ii.

For pavement areas exceeding 6,000 square feet in area, at least one canopy tree with a minimum caliper size of three inches must be provided for each additional 3,000 square feet of pavement area.

iii.

At least 50 percent of the required trees or at least one tree per required landscape island, whichever is greater, must be installed within the interior of the parking lot, as opposed to areas along the parking lot perimeter.

(5)

Parking lot perimeters.

(a)

Purpose. The parking lot perimeter landscape regulations of this section are intended to help mitigate the visual and operational impacts of parking lots when such areas are adjacent to streets or residential zoning districts.

(b)

Applicability. Unless otherwise expressly stated, the interior parking lot landscape regulations of this section apply to all the following:

i.

The construction or installation of any new parking lot containing more than four off-street motor vehicle parking spaces; and

ii.

The expansion of any existing parking that results in the addition of four or more off-street motor vehicle parking spaces, in which case the perimeter landscape requirements of this section apply only to the entire parking lot.

(c)

Required screening.

i.

Parking lots must be screened from view of abutting R-zoned lots by an opaque fence or wall not less than six feet in height plus at least one evergreen tree per 25 linear feet of fence or wall. Required evergreen trees must be at least six feet in height at time of planting.

ii.

Parking lots must be screened from view of abutting streets by shrubs or evergreen trees planted to form a continuous visual barrier (hedge) at least three feet in height or by an opaque wall with a minimum height of 2.5 feet and a maximum height of three feet. Walls used to satisfy these screening requirements must be constructed of brick, stone, cast stone, formed concrete or similar durable, low-maintenance materials, as approved by the zoning administrator.

(E)

Landscape materials and design.

(1)

Landscaping with required landscape areas. All required landscape areas are required to be covered with ground cover plants or mulch. Alternatives that comply with the village's best management practices for stormwater are also allowed.

(2)

Existing trees and vegetation. Existing non-invasive trees may be counted toward satisfying the landscaping and screening regulations of this article if they are located within the subject area and they comply with applicable plant height and size requirements of this article.

(3)

Plant selection.

(a)

Only trees and shrubs listed on the recommended tree and shrub list of Appendix A may be used to satisfy the minimum landscape requirements of this section, provided that the zoning administrator is authorized to permit the use of other species if such species are non-invasive and not listed as "not recommended" on the species list in Appendix A.

(b)

Trees and plant material must comply with the specifications found in American Standards for Nursery Stock (ASNS).

(4)

Curbs and vehicle barriers. Landscaped areas in or abutting parking lots must be protected by concrete curbing, anchored wheel stops, or other durable barriers approved by the zoning administrator. Alternative barrier designs that provide improved infiltration or storage of stormwater are encouraged. Curbs protecting landscape areas may be perforated, have gaps or otherwise be designed to allow stormwater runoff to pass through.

(5)

Sight vision triangles. Placement of trees and landscape material is subject to the sight vision triangle regulations of section 12.05.

(6)

Installation.

(a)

All landscaping must be installed in a sound manner and in accordance with accepted landscape planting practices.

(b)

Newly planted trees may not be staked or guyed unless they are unable to stand upright without support. Any staking and guying materials must be removed within one year of installation.

(7)

Maintenance. The property owner, occupant, tenant and respective agent of each, if any, are jointly and severally responsible for the maintenance and protection of all required landscaping, in accordance with the following regulations:

(a)

Landscaping must be kept reasonably free of visible signs of insects and disease and appropriately irrigated to enable landscaping to exist in a healthy growing condition.

(b)

Landscaping must be mowed or trimmed in a manner and at a frequency appropriate to the use of the material and species on the site so as not to detract from the appearance of the general area. Growth of plant material at maturity must be considered where future conflicts such as view, signage, street lighting, utilities and circulation might arise.

(c)

All landscaping must be maintained to minimize property damage and public safety hazards, including removal of invasive species, dead or decaying plant material, and removal of low-hanging branches next to sidewalks and walkways obstructing street lighting.

(d)

All pruning must be done in accordance with ANSI A300 (part 1) "Standards for Tree Care Operations—Pruning." Tree topping is prohibited. Crown reduction pruning may be used instead to reduce the height of a tree when necessary. Topped trees may not be counted toward tree planting requirements.

(e)

Failure to maintain landscaping in accordance with the approved landscape plan is a violation of this article.

(f)

Refer to chapter 86 of the village code for regulations governing weeds.

(F)

Detention area landscaping.

(1)

The Village of Westmont is committed to improving and enhancing the environment and quality of life in Westmont. Native landscaping and the naturalization of detention basins contribute greatly to the improvement of the local environment. The village encourages the implementation of these "Best Management Practices" (BMP's) wherever possible and practical. The benefits include:

(a)

Filtration and removal of nutrients and other contaminants from stormwater runoff;

(b)

Reduction of erosion and sedimentation;

(c)

Reduction of pollution, resulting from less mowing activity;

(d)

Reduction of long-term maintenance costs;

(e)

Reduction of congregating nuisance waterfowl on sites;

(f)

Provide habitat for local wildlife;

(g)

Help meet the goals of the National Pollution Discharge Elimination System (NPDES) Phase II of the Clean Water Act.

(2)

The design and installation of "BMP's" must be performed by a practitioner with at least five years of experience in the practice of native landscaping or ecological restoration.

(3)

Native plants require a longer establishment period than turf grass and therefore, the developer will be required to provide a management and maintenance bond with services for a period of no less than three years. Upon the completion and acceptance of the three-year maintenance period, responsibility for long-term maintenance will be assumed by the owner of the development or the homeowners association.

(4)

Long-term maintenance will require controlled burns as the primary management tool and be required at least once every three years. Spot herbicide application may also be employed where burning is not effective in controlling invasive species. All persons employed or contracted to perform a controlled burn must have the proper certification and insurance and be responsible for acquiring the necessary open burn permit through the Illinois Environmental Protection Agency (IEPA). The Westmont Police and Fire Departments must be notified of the controlled burn at least two weeks before the activity.

(G)

Alternative compliance.

(1)

Applicability and approval criteria. To accommodate creativity in landscape design and to allow for flexibility in addressing site-specific development and redevelopment challenges, alternative compliance landscape plans, sealed by a landscape architect licensed to practice in the State of Illinois, may be approved at the time of site plan approval. In order to approve an alternative compliance landscape plan, the applicable decision-making body must determine that one or more of the following conditions or opportunities are present:

(a)

The subject site has sufficient mature trees and vegetation to meet the intent of the landscape regulations of this article and plans to properly protect existing trees or vegetation and protection measures will be carried out properly throughout the entire construction process.

(b)

Installing plant material to the full extent required by the regulations of this article would compromise the health, vitality, or ecology of the existing vegetation on the site, or on neighboring sites.

(c)

The subject site has space limitations, an unusual shape or other factors that make strict compliance with applicable landscaping and screening regulations impossible or impractical;

(d)

Physical conditions on or adjacent to the site such as topography, soils, vegetation or existing structures or utilities are such that strict compliance is impossible, impractical or of no value in terms of advancing the general purposes of this section;

(e)

Safety considerations such as intersection visibility, utility locations, etc., make alternative compliance necessary; or

(f)

Creative, alternative landscape plans will provide an equal or better means of meeting the intent of the landscape regulations of this section.

(2)

Variances. Requests to waive or vary the applicable landscape regulations of this article that do not qualify for approval of an alternative compliance landscape plan must be processed as variances, in accordance with the procedures of section 14.06.

(Ord. of 08-07-2025(1), 8-7-2025)