Ordinance 2004-54 STATE vF ILLINOIS )
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COUNTY OF KENDALL )
Prepared by: Schoppe Design Associates, Inc.
Date: May 5, 2004
Revised: July 19, 2004
Revised: October 8, 2004
ORDINANCE NOS- Q'e-A s-�
ORDINANCE AMENDING
UNITED CITY OF YORKVILLE LANDSCAPE ORDINANCE 2000-48
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 rezoned or which a special use is being requested.
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 basin 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 single family 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
Collector
3. Tree Preservation
3. For all other development, other than single family detached and duplex
residential development:
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a. New Construction: The applicable landscape requirements for this
development activity within this category are as follows:
1. Parkway Landscaping
2. Perimeter Landscaping
3. Parking Lot Landscaping
4. Lot Landscaping
5. Storm Water Storage Basin Landscaping
6. Tree Preservation
SECTION 2• LANDSCAPE AND TREE PRESERVATION REOUIREMENTS:
The following requirements in this section are cumulative:
1. Parkway Landscaping:
a. For all single family detached and duplex residential development, the
minimum required number of parkway trees are as follows:
Interior lots - one tree per lot.
Corner lots -two trees per lot(one tree per side).
All other lots - (such as parks and retention/detention areas) one 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. All parkways shall have minimum of 6 inches of good, clean, clump-free
topsoil neatly 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.
d. All parkways shall have a good, thick stand of grass utilizing sod or seed
per the 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
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 5
inches will be the responsibility of the developer through the one year
required maintenance period after City acceptance. Parkways will be a
minimum of 10 feet in width from the back of the curb to the front edge of
the sidewalk.
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e. No tree shall be planted closer than 30' of the right-of-way intersection.
f. Trees shall have a minimum spacing of 20 feet from light poles, street
signs, fire hydrants and any other such items that may, in the opinion of
the Public Works Director, require similar intervals.
g. Trees under wires are not to exceed 20 feet in height at maturity.
h. 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 insure their survival for a period of one year
after City Council acceptance of the public improvements.
i. Only approved shade trees 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 a 30' wide bufferyard shall be provided.
The bufferyard shall consist of a berm or architectural masonry wall, at
least 3' in height as measured from the property line. The bufferyard shall
also consist of 2 shade trees, 5 evergreen trees and three 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 30' landscape e buffe
and shall be
provided. The bufferyard shall consist of three shade trees, three
evergreen and two ornamental trees per 100 lineal feet of bufferyard.
3. Parking Lot Landscaping: All parking lots with ten (10) or more parking
spaces, shall provide landscaping in accordance with the following:
a. Interior Parking Lot Landscaping:
1. Interior Landscaping: One tree shall be provided for every 20
parking space 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 10 feet. The landscape median shall be covered with shrubs,
ground cover, turf or organic mulch.
2. Visibility: To ensure proper visibility within the parking lot, the
branches of trees shall start no less than six feet(6') above the
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pavement and shrubs shall be maintained at a height of no greater
than 30" 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 5' perimeter
bufferyard 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 bufferyard shall be provided and shall be the width of
the required parking lot setback or 30', whichever is less. The
bufferyard shall consist of one shade tree, one evergreen tree and
thirty-three shrubs per 100 lineal feet of bufferyard.
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 canopy trees and 15 shrubs shall be provided for every
four units.
b. Non-residential: Two shade trees and 15 shrubs shall be provided for
every 20,000 sf 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 30' wide landscape
easement running the full length of the residential lots. This easement shall he
planted with 3 shade trees, 4 evergreens and 20 shrubs per 100 feet.
6. Storm Water Storage Basin Landscaping: A 30 foot wide bufferyard 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 30' bufferyard 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 1 tree per 30 feet of bufferyard length. The
bufferyard may be reduced to 10' wide. If so, the 10 foot bufferyard shall be
planted with 2 trees per 30 feet of bufferyard length.
7. Tree Preservation: The following standards shall apply to all lots which are 5
acres or greater in area. No live tree(s)with a trunk diameter of four inches (4")
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or greater in diameter, as measured 5' from the ground, may be removed without
first obtaining a tree removal permit from the City.
a. Tree Removal Permit: The application for a tree removal permit shall be
made to the Building Department. The application shall include:
1. A Tree Preservation and Removal Plan. The plan shall include:
a. A tree survey showing the location of all trees 4" or
greater in diameter with 100' of any tree
proposed to be removed, including a
description of the trees,botanical name, common
name, caliper size and general condition or health of
the tree(s)
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 Standards:
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
b. Grading and construction equipment shall be prohibited
from encroaching within the drip line of a tree
C. Crushed limestone hydrocarbons 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 conceivable affect the health
of the tree
d. Snow fencing or other approved construction barrier shall
be temporarily installed at the periphery of the tree's drip
line
e. In the event that underground utility lines are proposed
within five feet(5') of the trunk of a tree, then auguring of
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the utility line should be considered and may be required by
the City
3. Tree Replacement Standards:
a. Any tree approved for removal shall be replaced with new
trees in accordance with the following schedule:
CALIPER(INCHES)OF TREE NUMBER OF REPLACEMENT
TO BE REMOVED TREES
30 or greater 6
13-29 5
8-12 4
4-7 2
b. 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 NUMBER OF REPLACEMENT
TO BE REMOVED TREES
30 or greater 12
13-29 10
8-12 8
4-7 4
C. All replacement trees shall have a minimum caliper of 2 '/2"
and shall consist of the shade tree varieties listed under
Permitted Plantings
d. If the tree(s) approved for removal is (are) dead prior to the
date of the tree removal permit, then no replacement tree(s)
are required for them.
4. Approval Criteria: The City shall approve a tree removal permit
application if one or more of the following conditions exist:
a. The tree to be removed poses a safety hazard to persons or
property
b. The tree is substantially diseased or weakened by age,
storm, fire or other injury
C. 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
d. The tree removal is part of an approved overall landscape
plan
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5. 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 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, 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.
e. The location and contours, at one-foot(P) intervals, of all proposed
berming and storm water detention/retention ponds.
f. Specification of the type and boundaries of all proposed ground cover.
g. Elevation and location of all existing and proposed fences.
h. Location of all existing and proposed utilities and easements.
i. 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 Central or Northern Illinois region.
3. Size: The size of plant material required by this ordinance shall be as follows:
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Shade Tree- 2 1/2 cal. measured 6" above grade
Evergreen Tree- 8'height
Ornamental Tree- 6'height
Shrubs - 24"
4. Substitutions: For the purposes 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 species.
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 he 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 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.
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d. Alternative compliance shall be limited to the specific project under
consideration and shall not establish precedents for acceptance in other
eases.
7. Credit for Existing Vegetation: Credit shall be given for existing trees that are
preserved. Each tree that is preserved which is greater than 3" caliper 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
8. Permitted Plantings: The plantings used to meet the requirements of this
ordinance shall be selected from the follow list of approved plant material.
Shade Trees
Ash, Green Fraxinus pennsylvanica spp.
Ash,White Fraxmnus americana spp.
Coffeetree, Kentucky Gymnocladus dhioica
Ginkgo Ginko biloba
Hackberry Celtis occidentialis
Linden American Tilia americana spp.
Linden, Littecleaf Tilia cordata spp.
Linden, Silver Tilia tomentosa
Maple, Black Acer nigrum
Maple, Norway Acer platanoides spp.
Maple, Red Acer rubrum spp.
Maple, Sugar Acer saccharum spp.
Oak, Burr Quercus macrocarpa
Oak Red Quercus rubra
Oak, Swamp White Quercus bicolor
Oak, White Quercus alba
Pear, Bradford"Cleveland select" Pyrus calleryana—Cleveland select
Sycamore Platanus occidentahis
Tuliptree Liriodendron tuhipifera
Honey Locust Gleditsia tricanthos
Evergreen Trees
Fir, Douglas Pseudotsuga menziesii
Fir, White Abies coneolor
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Pine, Austrian Pinus nigra
Pine, Scotch Pinus sylvestris
Pine, White Pinus strobus
Spruce, Blackhills Picea glauca "densata"
Spruce, Colorado Picea pungens
Spruce,Norway Picea abies
Spruce, White Picea glauca
Ornamental Trees
Alder Alnus glutinosa
Birch, River Malus spp.
Hawthorne, Downy Craetoegus mollis
Hawthorne,Washington Craetoegus phaenopynu,
Hawthorne, Thorn less Cockspur Crataegus crusgalli "inermis"
Hombean, American Carpinus caroliniana
Lilac, Japanese Tree Syringa reticulata
Magnolia, Saucer Magnolia souulangiana
Magnolia, Star Magnolia stellata
Redbud Cercis canadensis
Serviceberry, apple Amelanchier grandiflora
Serviceberry, Shadblow Amelanchier canadensis
Shrubs
Those species and varieties hardy to USDA Zone 5.
Other plant material not listed may be allowed on a case by case basis as
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 months, may be
issued.
10. Replacements: The developer shall be responsible for replacing all required
landscape improvements that die during a period of two 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 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.
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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.
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 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
eases.
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: Any Ordinance or parts thereof in conflict with the provisions of this
Ordinance are hereby repealed to the extent of such conflict.
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PAUL JAMES MARTY MUNNS
RICHARD STICKA WANDA OHARE
VALERIE BURD ROSE SPEARS
LARRY KOT JOSEPH BESCO
APPROVED by me,as Mayor of the United City of Yorkville, Kendall County, Illinois,
this _day o A.D. 2004.
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois,
this day of A.D. 2004.
Atte .
CITY CLERK
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