(A) Applicability. This section is presented as an option for the development community in all zoning districts applying for an Improvement Location Permit or approval of a Development Plan or Primary Plat.
(B) Intent.
(1) To prevent the unnecessary cutting, removal or killing of trees in wooded areas.
(2) To prevent the unnecessary cutting, removal or killing of specimen trees.
(3) Promote and maintain a high level of community aesthetics through the conservation and planting of trees.
(4) Other areas to be given priority for protection are: critical habitats which contain rare, threatened or endangered species, wooded 100-year floodways, wooded wetlands and wooded slopes, wooded or partially wooded stream corridors with drainage areas greater than 50 acres, and riparian areas.
(C) Incentives. The preservation of an existing healthy tree shall constitute an in-kind credit toward meeting the landscape requirements in the Unified Development Ordinance. A credit will be given per tree that contributes to and satisfies similarly the intent of a particular section of the Unified Development Ordinance. The following credits shall be granted for an existing tree as follows:
(1) For each preserved deciduous tree over four inches but less than eight inches DBH a credit for three deciduous trees shall be granted;
(2) For each preserved deciduous tree over eight inches but less than 12 inches DBH a credit for four deciduous trees shall be granted;
(3) For each preserved deciduous tree over 12 inches DBH a credit for five deciduous trees shall be granted. The Director of Community Development may grant larger credits for trees over 12 inches DBH upon request;
(4) For each preserved evergreen tree over six feet tall but less than 10 feet tall shall be granted credit for two evergreen trees; and
(5) For each preserved evergreen tree over ten feet tall shall be granted credit for three evergreen trees. The Director of Community Development may grant larger credits for evergreen trees over ten feet tall upon request.
(D) Development density increases could be granted by the City Council.
(E) Greater open space credit could be granted due to the preservation of quality natural areas.
(F) If preserving the natural landscape is chosen, prior to construction on or removal of trees from a wooded area, the following standards apply:
(1) Provide a tree conservation plan outlining strategies for retaining, protecting and replanting trees on a site. DNR can provide guidance. Prepare a tree conservation map that outlines existing tree cover, priority protection areas, proposed grading and proposed protective devices;
(2) Within the designated conservation areas, no trees with a DBH in excess of six inches or evergreens eight feet or more in height shall be removed from any lot unless trees are:
(a) Within the building site pad;
(b) Within 15 feet of the perimeter of the primary structure or accessory structures;
(c) Between the front of the primary structure and the interior roadway of the subdivision; and/or
(d) Required to be removed in order to comply with safety requirements of any governmental agency;
(3) Tree retention areas shall be a minimum of 35 feet wide and minimum contiguous area of 10,000 square feet; and
(4) A builder who violates the tree conservation plan once established and improperly removes trees shall be required to reestablish such trees consistent with the trees removed. For example, if a six-inch caliper tree is removed, the builder may reestablish such tree by installing three two-inch caliper trees or two three-inch caliper trees to total the caliper of the trees removed.
(G) Prior to construction around a specimen tree in a tree conservation area, the following standards apply:
(1) Install highly visible (orange) construction fencing at least three feet outside the dripline of the trees;
(2) Avoid injuring roots when installing anchoring posts for fencing;
(3) Signs should be posted clearly identifying the plant protection zone; and
(4) If a portion greater than 30% of the area within the drip line is unavoidably impacted, applicant shall install a root aeration system, tree well, retaining wall or raised boardwalk as appropriate permanent protection.
(H) Prior to construction in a riparian area:
(1) The petitioner shall work with the Community Development Department regarding conservation of riparian areas on site;
(2) Establish or enhance forest buffers of at least 50% feet wide adjacent to intermittent and perennial streams;
(3) Newly planted trees and shrubs shall be species native to central Indiana;
(4) Trees sizes may be a minimum of one-inch caliper unless otherwise approved by the Director of Community Development; and
(5) For optimal survival and unless irrigated with an automatic system, planting should occur in the spring or fall.
(Ord. 080403C, passed 12-15-03; Am. Ord. 060412, passed 6-4-12; Am. Ord. 091514A, passed 11-17-14)