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Ordinance 2006-136 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- 1"Mo ORDINANCE AMENDING, REPEALING, AND RESTATING ORDINANCE 2004 -54 UNITED CITY OF YORKVILLE LANDSCAPE ORDINANCE (Title 8, Building Regulations, Chapter 12 Landscape Ordinance) SECTION 1: APPLICABILITY: 1. Existing buildings: All lots which have buildings constructed upon them prior to the date of this ordinance are exempt from the standards in this ordinance, except for any property which is being substantially redeveloped, rezoned, or which a special use is being requested. Substantial redevelopment consists of any construction activity that will result in a greater than 25% increase to the existing building square footage or the addition of twelve (12) or more parking spaces. If a property is being rezoned, or for which a special use request is being approved, the following landscape standards shall apply: a. Parkway Landscaping b. Perimeter Landscaping c. Parking Lot Landscaping —for the purpose of this category, parking lot landscaping requirements shall apply only to the construction of the new portion of a parking lot and shall not apply to existing parking lots. d. Storm Water Storage Basin Landscaping —for the purpose of this category, storm water storage basing landscaping requirements shall apply only to the construction of the new portion of a storm water storage basin and shall not apply to existing storm water storage basins. 2. For a single detached and duplex residential development: a. New Construction: The applicable landscape requirements for this development activity are as follows: 1. Parkway Landscaping 2. Landscaping adjacent to Primary and Secondary Arterials and Collectors 3. Median Landscaping 4. Tree Preservation 3 For all other development, other than single family detached and duplex residential development: 1 a. New Construction: The applicable landscape requirements for this development activity are as follows: 1. Parkway Landscaping 2. Perimeter Landscaping 3. Parking Lot Landscaping 4. Lot Landscaping 5. Storm Water Storage Basin Landscaping 6. Median Landscaping 7. Tree Preservation 1 SECTION 2: LANDSCAPE AND TREE PRESERVATION REOUIREMENTS: The following requirements in this section are cumulative: 1. Parkway Landscaping: a. For all single detached and duplex residential development, the minimum required number of parkway trees are as follows: Interior lots — one (1) tree per lot Corner lots — two (2) trees per lot (one tree per side) All other lots — (such as parks and retention/detention areas) one (1) tree per 50 lineal feet of frontage b. For all development other than single - family detached and duplex residential development, the minimum required number of parkway trees is one tree per 50 lineal feet of frontage. c. For commercial developments, parkway landscaping shall be sensitive to the sight line to freestanding signage on adjacent parcels from the public right -of -way, neighboring properties, and access drives. Include adjacent property signage location, including size and height, as part of the landscape plan. d. All parkways shall have minimum of six inches (6 ") of good, clean, clump -free topsoil nearly leveled to uniform grade from the top of curb to the top of sidewalk after settling. Trees shall be planted within the public parkway between the curb and sidewalk and trail as applicable. e. Parkways will be a minimum of ten feet (10') in width from the back of the curb to the front edge of the sidewalk. All parkways shall have a good, thick stand of grass utilizing sod or seed per IDOT specifications, including fertilizing. The developer, as covered by the required maintenance letter of credit, will repair any settling of grass loss during the one -year maintenance period. The minimum 2 gradient of all parkways toward the curb shall be 2% and the maximum shall be 8 %. All areas shall be seeded or sodded and fertilized in an approved manner. Grass watering and mowing to a maximum height of five inches (5') will be the responsibility of the developer through the one year required maintenance period after City acceptance. f. No tree shall be planted closer than thirty feet (30') of the right -of -way intersection. g. If a stop or yield sign is located at an intersection, no tree, when approaching the intersection, shall be planted closer then 50 lineal feet in front of a sign. h. Trees shall have a minimum spacing of twenty feet (20') from light poles, street signs, fire hydrants and any other such items that may, in the opinion of the City Planner or Public Works director, require similar intervals. i. Trees under wires are not to exceed twenty feet (20') in height at maturity. j. Parkway trees shall be planted prior to the issuance of a certificate of occupancy. It shall be the responsibility of the developer or builder to properly water all newly planted parkway trees at the time of planting, and subsequently thereafter, to ensure their survival for a period of one year after City Council acceptance of the public improvements. k. Only approved parkway trees, as indicated under the permitted plantings shade tree list, may be used as parkway trees. 2. Perimeter Landscaping: a. Non - residential adjacent to residential: Where a non - residential property is adjacent to residential property at thirty foot (30') wide bufferyard shall be provided. The buffer yard shall consist of a berm or architectural masonry wall, at least three feet (3') in height as measured from the property line. The buffer yard shall also consist of two (2) shade trees, five (5) evergreen trees and three (3) ornamental trees per 100 lineal feet of bufferyard. b. Multi - family residential adjacent to single family detached and duplex residential: Where multi - family residential property is adjacent to single family detached or duplex residential a thirty foot (30') landscape buffer yard shall be provided. The buffer yard shall consist of three (3) shade trees, three (3) evergreen and two (2) ornamental trees per 100 lineal feet of bufferyard. 3. Parking Lot Landscaping: a. Interior Parking Lot Landscaping: 3 1. Interior Landscaping: One tree shall be provided for every twenty (20) parking spaces and shall be planted within the interior of the parking lot. Trees shall be located in landscape medians, which have a minimum area of 190 square feet and a minimum dimension of ten feet (10'). The landscape median shall be covered with shrubs, groundcover, turf, or organic mulch. Include in plans typical landscape median detail. 2. Visibility: To ensure proper visibility within the parking lot, the branches of shade trees shall start no less than eight feet (8') above the pavement and shrubs shall be maintained at a height of no greater than thirty -six inches (36 ") above the pavement. The plant height selection should be sensitive to the crown of the median. Single stem ornamental trees will be allowed in center parking lot median islands only and branches must be trimmed to a minimum of six feet (6') above the pavement. b. Perimeter Parking Lot Landscaping: 1. When a parking lot, which is located on a non - residential property, is adjacent to another non - residential property, a five foot (5') perimeter buffer yard shall be planted with two shade trees and fifteen shrubs per 100 lineal feet of bufferyard. 2. When a parking lot is adjacent to a public right -of -way, a landscape buffer yard shall be provided and shall be the width of the required parking lot setback or thirty feet (30'), whichever is less. The bufferyard shall consist of one (1) shade tree, one (1) evergreen tree and thirty -three (33) shrubs per 100 lineal feet of buffer yard. 3. Parking lot buffer yard landscaping shall be sensitive to sight line visibility of lot signage and adjacent lot signage. 4. Lot Landscaping: Lot landscaping shall be required for all developments other than single family detached residential and duplex developments in accordance with the following: a. Multi- family: Two (2) shade trees and fifteen (15) shrubs shall be provided for every four units. b. Non - residential: Two (2) shade trees and fifteen (15) shrubs shall be provided for every 20,000 square feet of lot area. 5. Landscaping Adjacent to Primary and Secondary Arterials and Collector: Residential lots which back up to an Arterial or Collector as defined in the Yorkville Comprehensive Plan, shall provide a minimum thirty foot (30') wide landscape easement running the full length of the residential lots. This easement shall be planted with three (3) shade trees, four (4) evergreens and twenty (20) shrubs per 100 lineal feet. 4 6. Storm Water Storage Basin Landscaping: A thirty foot (30') wide buffer yard shall be provided around any storm water storage basin that has its high water line within the front or side yards of a lot. The thirty foot (30') buffer yard shall be measured from the property line to the average elevation between normal water line and the high water line for retention basins and from the property line to the average elevation between the lowest basin elevation and the high water line for detention basins. The bufferyard shall be planted with one (1) tree per 30 lineal feet of bufferyard length. The bufferyard may be reduced to ten feet (10') wide. If so, the ten foot (10') bufferyard shall be planted with two (2) trees per 30 lineal feet of bufferyard length. 7. Median Landscaping: The following information is to be used as general guidelines for designing parkway medians and parking islands that are constructed with a six inch (6 ") barrier curb. It is intended for use as a resource to develop median designs. Several recommendations are subjective in nature and may require modification to fit median openings, width or stopping site distances. It is important that significant deviations from the guide be based on operational experience and objective analysis. These guidelines do not pertain to the design of bioswales. a. Landscape elements within a median should include shade trees, ornamental trees, shrubs, low- growing evergreens, perennials, grasses, and groundcovers. Species shall be primarily heat and salt tolerant. b. Median plant heights refer to the mature plant height with the exception of all shade and ornamental trees. Any variance from the following guidelines must be approved by the City. 1. In the first 25 lineal feet of the median, all plant material shall be no taller than one foot (1') at mature height and no shade or ornamental trees can be located in this area. 2. Twenty -five to 50 feet from the intersection no plant material shall be no taller than eighteen inches (18 ") at mature height and no shade or ornamental trees can be located in this area. 3. Fifty to 75 lineal feet back from the intersection, plant height shall be no taller than twenty four inches (24 ") at mature height. Shade and ornamental trees may be located in this area as long as it does not affect visibility. 4. For the remainder of the median, until 75 lineal feet from an intersection, opening, or the end of the median, no plant height shall reach above thirty inches (30 ") at mature height. Shade and ornamental trees can be located in this area as long as it does not affect visibility. 5. Any plant material located within site triangles shall be no taller than twenty four inches (24 ") at mature height. Site triangles are dependent upon the intersection stopping site distances. 5 6. Shade and ornamental trees must be single stem and pruned up to a minimum of six feet (6'). No `clump varieties' will be accepted. 7. A "clear zone" in the first one and one -half feet (1 ' /') from the curb towards the center of the median on both sides of the median shall have no plant material taller than one foot (1') to allow turn lanes clear visibility of oncoming traffic. 8. Design shall be sensitive to the crown of the median. Plant material cannot be higher than thirty -six inches (36 ") above the pavement at mature height. c. Tree distance to intersection: 1. No shade or ornamental tree shall be closer than fifty feet (50') to the right -of -way of an intersection. Shade trees should be spaced one tree per 30 to 50 lineal feet and ornamental trees should be spaced one tree per 15 to 20 lineal feet, depending on the mature canopy of the species. NOT TO SCALE V MAXIMUM PLANT HEIGHT FOR FIRST 50 LF FROM INTERSECTION 18" MAXIMUM PLANT HEIGHT BETWEEN 50 to 75 LF OF INTERSECTION FIRST TREE LOCATED 50' FROM INTERSECTION 30 " MAXIMUM PLANT HEIGHT (EXCLUDING TREES) ._......� CLEAR ZONE: NO PLANT IN THE FIRST V -6" OF THE MEDIAN CAN -BE ABOVE VAT MATURE HEIGHT � - - - - -- °- TURFGRASS MEDIAN \ --.3 P HEIGHT 6' C RB NOTES: �.— 1) DRAWING IS FOR PREFERENCE ONLY. f 2) FINAL MEDIAN LANDSCAPE DESIGN MUST BE APPROVED BY THE CITY PLANNER. 6 d. A separate landscape plan shall be submitted of the public landscape(s) for any part of the median that is to be maintained by the City to provide clear definition for maintenance workers between public /private properties. e. Plant list shall include mature height of species in addition to the required size and height at installation. 8. Tree Preservation: The following standards shall apply to all lots which are five (5) acres or greater in area. No live tree(s) with a four inch (4 ") DBH (diameter at breast height) may be removed without first submitting an application for tree removal and receiving approval from the City. Failure to apply and submit a tree preservation and removal plan will result in a monetary fine per tree removed without authorization (as stated on the application form.) a. Tree Removal Permit: The application for a tree removal shall be made to the Building Department. This application must be submitted and approved prior to the Site Grading Plan permit issuance. If no mass grading is required for construction, the tree removal application must be submitted and approved prior to any site re- development involving tree removal. The application shall include: 1. Tree Preservation and Removal Plan. The plan shall include: a) A tree survey showing the location of all trees four inches (4 ") in caliper or greater within 100 feet of any tree proposed to be removed, including a description of the tree(s), botanical name, common name, caliper size and general condition or health of the tree(s). The survey shall be completed by an International Society of Aboriculture Certified Arborist or Illinois Department of Natural Resources Consultant Forester, or other qualified professional as approved in writing by the City Planner. b) Delineation of trees to be removed and trees to be preserved. c) Details and specifications or procedures to be used to protect trees being preserved. d) Location, size and name of replacement trees. 2. Tree Preservation and Removal Guidelines: a) Every reasonable effort shall be made to retain existing trees shown on the tree survey through the integration of those trees into the site plan and landscape plan for a proposed development. 1. Critical areas, such as floodplains, steep slopes, and wetlands, should be left in their natural condition or only partially cleared. 7 2. Roadways, storage areas, and parking lots should be located away from valuable tree stands. 3. Cutting and filling in the vicinity of valuable trees should be minimal. 4. If more than one -third of the tree's root system is to be affected by construction, the tree should be part of the removal plan and replaced with the appropriate number of trees. b) Pre - construction protection measures: 1. A temporary six foot (6') orange construction safety fence, rigid wood, or chain link fence must surround the periphery of the tree dripline as a construction barrier prior to the start of any site work. a. Fence type may be designated by the City depending on the value of the tree and the location to construction traffic. b. This fence must be in place before any site work begins and remain in place until all construction has been completed or final occupancy permit has been issued, whichever is latest. c. A warning sign shall be placed on the fence stating the following: Warning: This fence shall not be relocated or removed without written authorization from the City of Yorkville. c) If construction limits encroach within the dripline of the tree the following procedures will be required: 1. Trunk wrapping from the base of the tree to a height of ten feet (10'). Clear indication of trees to be wrapped and detail showing materials should be included as part of the landscape plans. No boards shall be nailed to the trunk of a tree. 2. In the event that underground utility lines are proposed within five feet (5) of the trunk of a tree, then auguring or boring of the utility line will be required by the City. This must be clearly indicated on the plans. 8 3. Root trimming should occur by hand, not with machinery, and exposed root systems should be protected to maintain moisture levels. During construction, any root accidentally damaged (exposed) should immediately be cleanly cut and protected. 4. If excavation must occur within the dripline of a tree, an excavation trench shall be saw cut for a minimum depth of two feet as near to the intended trench as possible. All root pruning must be completed prior to any excavation activity near the tree. d) Construction procedures: 1. During the mass grading of the site, a Certified Arborist or Consultant Forester must be on -site during the mass grading to ensure that proper protection methods are being followed. 2. Grading and construction equipment shall be prohibited from encroaching within the dripline of a tree. 3. Any soil that is located or stockpiled within the critical root zone of the tree will result in the loss of tree protection credit(s) and will require that the job be stopped until a revised Landscape Plan is approved. 4. Crushed limestone and other material detrimental to trees shall not be stored or dumped within the drip line of any tree nor at any higher location where drainage toward the tree could conceivably affect the health of the tree. 5. Any preserved trees damaged during construction should be repaired. Damage should be analyzed by a Certified Arborist, Consultant Forester, or approved qualified professional, and a repair plan should be submitted to the City for approval. 6. If the tree begins to show signs of stress (i.e. leaf dieback, wilting, etc.), additional measures may be required by the City such as fertilizing or watering to aid the tree in survival. e) Tree Preservation protection measures must be checked by the City of Yorkville before the permit for development will be released. Periodic inspections will occur during construction. 9 f) Failure to provide adequate tree protection will result in the loss of tree protection credits and will require that the job be stopped until a revised Landscape Plan is approved. b. Tree Replacement Standards: 1. Any tree approved for removal shall be replaced with new trees in accordance with the following schedule: Caliper (Inches) of tree to be removed Number of Replacement Trees 30 or greater 6 13 -29 5 8 -12 4 4 -7 2 2. In the event that a tree identified to be preserved is removed or damaged, such tree shall be replaced as follows: Caliper (Inches) of tree to be removed Number of Replacement Trees 30 or greater 12 13 -29 10 8 -12 8 4 -7 4 3. All replacement trees shall have a minimum caliper of two and one -half inches (2 1 /2 ") and shall consist of the shade tree varieties listed under Permitted Plantings. 4. If the tree(s) approved for removal is (are) dead from natural causes prior to the date of the tree removal permit, then no replacement tree(s) are required for them. c. Approval Criteria: The City shall approve a tree removal application if one or more of the following conditions exist: 1. The tree to be removed poses a safety hazard to persons or property. 2. The tree is substantially diseased or weakened by age, storm, fire or other injury. 3. The tree removal is in accordance with good forestry practice such as when a parcel of land will only support a certain number of healthy trees which is less than the number of existing trees on the parcel. 4. The tree removal is of a nuisance tree listed under Section 3 General Standards, #7. 10 5. The tree removal is part of an approved overall landscape plan. d. Failure to Replace Trees: If replacement trees, which are required by the approved tree removal permit, are not planted within the time frame set out by the tree removal permit, the City may, at its option, replace the trees. All costs associated with purchasing and planting the replacement trees shall be charged to the owner or other person or entity causing the removal of the trees. SECTION 3: GENERAL STANDARDS 1. Landscape Plan: Prior to receiving site plan approval, a landscape plan shall be submitted to the City for review and approval. It is recommended that prior to submitting a site plan or landscape plan, a pre - submittal conference be conducted to review the site plan implications and the standards of this Chapter. The landscape plan shall contain the following information: a. The location and dimensions of all existing and proposed structures, parking lots, sidewalks, ground signs, refuse disposal areas, free standing electrical equipment and other freestanding structural features. b. Name, location, right -of -way and pavement widths of abutting streets. c. The current zoning and land use for adjoining properties and properties located across abutting streets. d. The location of all freestanding signage on adjacent parcels. e. The location, quantity, size and type (both botanical and common names) of all existing landscaping to be preserved and removed, and all proposed landscaping to be added. A separate document containing only the parkway tree list shall be included as part of the landscape plan submittal. f. The location and contours, at one foot (1') intervals, of all proposed berming and storm water detention/retention ponds. g. Specification of the type and boundaries of all proposed ground cover. h. Elevation and location of all existing and proposed fences. i. Location of all existing and proposed utilities and easements. j. Property line dimensions. 2. Quality: All trees shall be planted according to the minimum standards established by the American Association of Nurserymen. Plant material shall be grown in nurseries from the 11 Central or Northern Illinois region. All trees shall be balled and burlapped (BB) and all shrubs shall be BB or container grown. The City may visit the nursery to tag trees for parkways, parks, or other city -owned properties. 3. The size of plant material required by this ordinance shall be as follows: Shade Tree — 2 '/2 caliper measured 6" above grade Evergreen Tree — 8' (eight feet) tall Ornamental Tree — 6' (six feet) tall Shrubs — 24" (twenty -four inches) tall 4. Substitutions: For the purpose of providing flexibility in the landscape design substitutions may be allowed at the following rates: 1 Tree equals 1 Evergreen Tree 1 Tree equals 2 Ornamental Trees 1 Tree equals 10 Shrubs 5. A mixture of trees is required so that a maximum of 33% of the total amount of required trees should not be of the same genus (i.e. Acer, Malus, etc.) 6. Alternative Methods of Compliance: Site conditions may arise where normal compliance is impractical or impossible or where maximum achievement of the City's objectives can only be obtained through alternative methods. a. Requests for alternative methods of compliance may be considered by the City for any application to which the requirements of the Ordinance apply when one (1) or more of the following conditions are present: 1. Topography, soil, vegetation or other site conditions are such that full compliance is impossible or impractical, or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas. 3. A change of use on an existing site increases the screening required to more than what is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification, written and graphic, to allow appropriate evaluation and decisions by the City Planner. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality, effectiveness, durability, hardiness and ability to meet the landscape standards of the Ordinance. 12 d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other cases. 7. Credit for Existing Vegetation: Credit shall be given for existing trees preserved. This does not include any species found under the nuisance tree list. Each tree that is preserved with a caliper four inches (4 ") or larger and is listed under Permitted Plantings, shall be credited towards the required tree planting as follows. Other existing vegetation may be credited towards the required plantings subject to the review and approval of the City Planner. Caliper (Inches) of tree Trees credited towards to be preserved required plantings 30 or greater 6 13 -29 5 8 -12 4 4 -7 2 No credit will be given for nuisance trees listed below: Nuisance Trees Scientific Name Common Name Acer negundo Boxelder Acer saccharinum Silver Maple Ailanthus altissima Tree of Heaven Eleagnus angustifolia Russian Olive Eleagnus umbellata Autumn Olive Fraxinus excelsior European Ash Gingko biloba Gingko (female) Koelreuteria paniculata Golden Rain Tree Maculra pomifera Osage Orange Morus alba White Mulberry Populus deltoides Cottonwood Rhamnus cathartica Common Buckthorn Robinia pseudoacacia Black Locust Salix, spp. Willow Sorbus americana Mountain Ash Ulmus pumila Siberian Elm 8. Permitted Plantings: The plantings used to meet the requirements of this ordinance shall be selected from the list of approved plant material. Soft maples that are not on the approved shade tree list below will not be accepted. The shade trees marked with an asterisk ( *) are acceptable parkway trees. All trees listed are suitable for all landscape uses including natural areas, detention basins, berms, bufferyards, etc. 13 Permitted Planting List Scientific Name Common Name Shade Trees Aesculus jlava Yellow Buckeye Aesculus glabra Ohio Buckeye Aesculus hippocastanum Common Horsechestnut Acer miyabei `Morton' State Street Miaybe Maple* Acer platanoides, spp. Norway Maple `Deborah' `Deborah' Norway Maple* Emerald Lustre Emerald Lustre 8* `Summershade' `Summershade' * `Superform' `Superform' * Acer nigrum, spp. Black Maple ` Greencolumn' Greencolumn Black Maple* Acer rubrum, spp. Red Maple Autumn Flame Autumn Flame ® * `Brandywine' 'Brandywine'* `Franksred' Red Sunset (B* Acer saccharum, spp. Sugar Maple Legacy Legacy `Morton' Crescendo `PNI 0285' Green Mountain ® * Carya cordiformis Bitternut Hickory Carya ovata Shagbark Hickory Catalpa speciosa Northern Catalpa Celtis occidentalis, spp. Common Hackberry* `Chicagoland' `Chicagoland' * `Windy City' `Windy City'* Cercidiphyllum japonicum Katsuratree Cladastris kentukea American Yellowwood* Corylus colurna Turkish Filbert* Fagus sylvatica European Beech `Riversii' Rivers Purple Leaf Beech Ginkgo biloba, spp. (Male only) Ginkgo `Autumn Gold' `Autumn Gold' `Magyar' 'Magyar'* `PN 22720' `Princeton Sentry' * Gleditisia tricanothos var. inermis, spp. Thornless Honey Locust* `Skyline' Skyline `Shademaster' Shademaster ° * `Suncole' Suncole ® * Gymnocladus dioica, spp. Kentucky Coffeetree `Espresso' `Espresso'* `Prairie Titan' Prairie Titan* Juglans nigra Black Walnut Liquidambar styrac flua American Sweetgum 14 Scientific Name Common Name Shade Trees (cont'dl Liriodendron tulipifera Tuliptree Nyssa sylvatica Black Tupelo Phellodendron amurense `Macho' Amur Corktree Phellodendron lavallei `Longnecker' Eyestopper Lavalle Corktree Phellodendron sachalinense `His Majesty' Sakhalin Corktree Platanus x acerfolia London Planetree ` Bloodgood' Bloodgood London Planetree `Exclamation' Exclamation Planetree Platanus occidentalis Sycamore Populus deltoides, spp. Eastern Cottonwood (male) `Siouxland' Siouxland Poplar Pyrus calleryana, spp. Callery Pear* `Cleveland Select' `Chanticleer'* Aristocrat Aristocrat `Redspire' `Redspire' * Quercus alba White Oak Quercus bicolor Swamp White Oak* Quercus bicolor x robur `Fastigiata' Regal Prince Oak Quercus coccinea Scarlet Oak Quercus imbricaria Shingle Oak Quercus macrocarpa Bur Oak* Quercus muehlenbergii Chinkapin Oak* Quercus rubra Red Oak* Quercus x macdenielli `Clemon's' Heritage Oak* Taxodium distichum Baldcypress Tilia americana, spp. American Linden* Tilia cordata, spp. Littleleaf Linden* Tilia tomentosa, spp. Silver Linden* Tilia `Redmond' Redmond Linden* Tilia x flavescens ` Glenleven' Glenleven Linden* Ulmus americana, spp. American Elm `Valley Forge' `Valley Forge'* `Princeton' 'Princeton'* `New Harmony' `New Harmony'* Ulmus `Morton' Accolade Elm* Ulmus `Morton Glossy' Triumph Elm* Ulmus `Frontier' `Frontier' Elm* Ulmus `Patriot' `Patriot' Elm* Ulmus wilsoniana `Prospector' Elm* Ulmus x Homestead `Homestead' Elm* Ulmus x Regal `Regal' Elm* *Acceptable parkway tree. 15 Scientific Name Common Name Ornamental Trees Acer campestre Hedge Maple Acer tataricum, spp. Tatarian Maple `Ganknn' `GarAnn' `Patdell' `Patdell' `Summer Splendor' `Summer Splendor' Acer tatariucum subsp. ginnala, spp. Amur Maple Alnus glutinosa Alder Amelanchier canadensis Shadblow Serviceberry Amelanchier x grandiflora, spp. Apple Serviceberry Amelanchier laevis, spp. Allegheny Serviceberry Betula nigra, spp. River Birch `Cully' Heritage Betula papyrifera, spp. Paper Birch `Varen' Prairie Dream ` Whitespire' Whitespire White Birch Carpinus betulus Hornbeam `Fastigiata' Columnar Hornbeam Carpinus caroliniana Ironwood Cercis canadensis Eastern Redbud Cornus alternifolia Pagoda Dogwood Cornus mas Comeliancherry Dogwood Crataegus crus -galli var. inermis Thornless Cockspur Hawthorn `Cruzam' Crusader Crataegus mollis Downy Hawthorn Crataegus phaenopyrum Washington Hawthorn Crataegus viridis `Winter King' Winter King Hawthorn Maackia amurensis, spp. Amur maackia `Starburst' `Starburst' Summertime Summertime Magnolia stellata, spp. Star Magnolia Malus spp. ** Flowering Crabapple ** Ostrya virginiana American Hophornbeam Prunus maackii Amur Chokecherry Prunus sargentii Sargent Cherry Prunus `Accolade' Accolade Cherry Syringa pekinensis, spp. Peking Lilac Syringa reticulata, spp. Japanese Tree Lilac X* Species selected must be primarily disease resistant with small fruits. 16 Scientific Name Common Name Everereens Abies concolor White Fir Picea abies Norway Spruce Picea glauca White Spruce Picea glauca var. densata Black Hills Spruce Picea pungens Colorado Spruce Picea pungens var. glauca Blue Colorado Spruce Pinus flexis 'Vanderwolf' Vanderwolf Limber Pine Pinus strobiformis Southwestern White Pine Pinus strobus White Pine Pseudotsuga menziesii Douglas Fir Shrubs Those species and varieties hardy to USDA Zone 5. Other plant material not listed may be allowed on a case -by -case basis a determined by the City Planner. 9. Completion of Landscape Improvements: All required landscape improvements shall be installed prior to the issuance of a certificate of occupancy. If landscape improvements are unable to be completed due to weather conditions which, in the determination of the City, are unfavorable for plant survival and growth, a temporary certificate of occupancy, valid for no more than six (6) months, may be issued. 10. Replacements: The developer shall be responsible for replacing all required landscape improvements that die during a period of two (2) years from the date of installation. The City shall use the bond to replace any plant material if the developer fails to do so within thirty (30) days of notification by the City. After the two -year period, the property owner shall be responsible for maintaining and replacing any required plant material that dies. 11. Appeals: Any applicant may appeal any decision of the City Planner to the Zoning Board of Appeals for recommendation to the City Council. a. Any appeal to the standards of this chapter may be considered by the City Council when one or more of the following conditions are present: 1. Topography, soil, vegetation or other site conditions are such that full compliance is impossible or impractical, or improved environmental quality would result from the alternative compliance. 2. Space limitations or the existing character surrounding neighborhood may justify alternative compliance for infill sites and for improvements or redevelopment in older developed areas. 17 3. A change of use on an existing site increases the screening required to more than is feasible to provide. 4. Safety considerations make alternative methods of compliance necessary. b. Requests for alternative methods of compliance shall be accompanied by sufficient explanation and justification, written and graphic, to allow appropriate evaluation and decisions by the City Council. c. A proposed alternative compliance measure must be equal to or better than normal compliance in terms of quality, effectiveness, durability, hardiness and the ability to meet the landscape standards of the Ordinance. d. Alternative compliance shall be limited to the specific project under consideration and shall not establish precedents for acceptance in other cases. 12. Severability: The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of Competent jurisdiction, the remainder of the Resolution shall not be affected thereby. 13. Repealer: This Ordinance repeals, and replace the former Landscape Ordinance enacted as City Ordinance 2004 -54 in its entirety. (Title 8 Building Regulations, Chapter 12 Landscape Ordinance) In addition, any other Ordinance or parts thereof in conflict with the provisions of this Ordinance is hereby repealed to the extent of such conflict. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS (ter JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall Coun , Illinois, this day of . A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK 18