(A) Purpose. The landscape provisions are intended to establish minimum time, place and manner standards for landscaping in the Town of New Palestine. More specifically the purpose of the landscape provisions are:
(1) To promote the community's goals and objectives.
(2) To amend the landscaping provisions within the Town of New Palestine's zoning ordinance.
(3) To insure that landscaping is an integral component of design and development and not an afterthought.
(4) To require landscape planting such to benefit the health, safety and general welfare of the community.
(5) To protect the natural environment.
(6) To require a reasonable amount of landscaping materials in order to reduce glare, reduce heat buildup, enhance visual quality of developments, screen and mitigate potential conflict between land uses, reduce noise pollution, reduce erosion, minimize stormwater runoff, and improve air quality.
(7) To require regular maintenance and ongoing compliance with the regulations.
(8) To require the use of appropriate plant and tree species and disallow invasive plant species.
(9) To manage and minimize the removal of existing significant plant material.
(10) To establish punitive recourse for violations or noncompliance regarding these landscape provisions.
(B) Application. The landscape provisions apply to any project requiring an Improvement Location Permit, any primary plat, or any detailed development plan. Only projects that meet these regulations shall be granted the required permits.
(C) Conflicting ordinances. The provisions of this section are additional regulations in concert with other ordinances of the town. In the case of conflicting regulations, the most restrictive shall apply.
(D) Severability. If any provision of this section is adjudged to be invalid or unconstitutional, such an adjudication shall not affect the validity of the landscape section as a whole or any provision thereof not adjudged invalid or unconstitutional.
(E) Exempt projects. Any proposed project that has completely and accurately submitted an application for review or approval prior to the effective date of this section shall be exempt from this section. However, all landscape regulations in effect prior to the effective date of this section shall be applicable.
(F) Definitions. For the purposes of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
APPLICANT. The owner, owners or legal representative of lot who makes application to the Town of New Palestine's Plan Commission and/or Board of Zoning Appeals for action by said Commission or Board affecting the lot owned thereby.
BOARD OF ZONING APPEALS (BZA). The Town of New Palestine's Board of Zoning Appeals or any division thereof.
CALIPER. Diameter measurement of the trunk of nursery stock taken six inches above ground level for trees up to and including four-inch caliper size. Measurement shall be taken 12 inches above the ground for larger trees.
CANOPY TREE. Deciduous trees that grow to at least 30 feet in height and that have a canopy that is round or oval in shape. Conical or tubular shaped trees are not CANOPY TREES.
CONTINUOUS MOUND. See MOUND, CONTINUOUS.
CRITICAL HABITATS. Land with plant and animal species which are listed as threatened or endangered by the Indiana Department of Natural Resources publication Indiana's Rare Plants and Animals.
DBH (DIAMETER AT BREAST HEIGHT). An urban forestry term and is sometimes used instead of caliper. DBH is the diameter of a tree four and one-half feet above ground level. If the tree is multi-trunked or the tree is not over four and one-half feet tall, the diameter measurement of the trunk taken six inches above the ground level shall constitute DBH.
DRIP LINE. A vertical line running through the outermost portions of the tree crown extending to the ground.
EXISTING SIGNIFICANT PLANT MATERIAL. Evergreens over six feet in height, deciduous trees over two and one-half inches DBH, and shrubs over four feet in height.
GREEN SPACE. Areas designated for public gathering or recreation (passive or active), held in private or public ownership.
IMPERVIOUS SURFACE. Any building, structure, paved surface, gravel surface or compacted area which by its dense nature does not allow absorption of stormwater or the passage of sufficient oxygen and moisture.
LANDSCAPE AREA. Places on a lot or abutting right-of-way that are identified for application of landscaping regulations. LANDSCAPE AREAS include: street tree planting areas, parking lot planting areas, foundation planting areas, bufferyard areas, retention pond planting areas, and perimeter planting areas.
LOT. A piece, parcel or tract of land designated by its owner or developer to be used, developed or built upon as a unit under single or multiple ownership or control.
MOUND. A landscape feature in which earth is piled up in irregular, round or oblong shapes. Particularly, mounds do not have consistent crest elevations, but are irregular in form and overlapping such to emulate a more natural landscape feature.
MOUND, CONTINUOUS. A landscape feature which earth is piled up in a regular oblong shape and that has a top elevation (crest) relatively consistent from one end to the other.
ORNAMENTAL TREE. Generally, a deciduous tree that does not exceed 30 feet in height at maturity. ORNAMENTAL TREES typically are flowering trees.
PLANNING COMMISSION. The Town of New Palestine Planning Commission or any division thereof.
PLANNING COMMISSIONER. The person appointed by the Town Council of the Town of New Palestine, Indiana to have the responsibility for administration of the zoning ordinance including the Planning Commissioner and/or his or her authorized designee.
PLANT MATERIAL. Trees, shrubs, perennials, vegetative ground cover, and similar living vegetation.
RIGHT-OF-WAY. A strip of land occupied or intended to be occupied by transportation facilities, public utilities, or other special public uses.
RIPARIAN AREA. Of or pertaining to the wooded or vegetated areas along creeks, streams, rivers or designated regulated drains.
ROOT PROTECTION ZONE. Generally, 18 to 24 inches deep and a distance from the trunk of a tree equal to one-half its height or its drip zone.
SPECIMEN TREE. Trees with a DBH of 24 inches or greater.
STRUCTURE. Anything constructed or erected which requires location on the ground or attachment to something having a location on the ground, including but not limited to buildings, sheds, detached garages, mobile homes, manufactures homes, above ground storage tanks, freestanding signs and other similar items.
TOWN. The Town of New Palestine.
TOWN ARBORIST. A person certified in tree and plant care.
TURF. Lawn type grasses that are intended to be manicured and maintained at no more than eight inches of height.
WOODED LOT. An area which contains trees at a rate above 250 cumulative inches DBH per acre. Trees under two and one half inches DBH are not included in the cumulative DBH calculation per acre.
(G) General landscaping standards. This division applies to new development requesting an Improvement Location Permit (IPL) or approval of a development plan, or primary plat in all zoning districts. It is the intent to treat landscape material the same as other development requirements (such as parking lots) by requiring regular maintenance and ongoing compliance with the regulations, to encourage the use of appropriate species and to disallow invasive plant species.
(1) Landscape material with the exception of street trees shall not be planted or placed in the right-of-way easements without permission from the Town of New Palestine or the easement holder unless otherwise required by this section. A tree canopy may project over a right-of-way or easement.
(2) Trees, vegetation, irrigation systems, fences, walls and other landscape material are essential elements of a project. The applicant and/or landowner and their successors in interest are responsible for the regular maintenance of all landscaping elements such that they are kept in good condition. Specifically:
(a) All plant material shall be maintained alive, healthy, and free from disease and pests.
(b) All landscaped areas shall be free of weeds, litter, graffiti, and similar signs of deferred maintenance.
(c) All landscape structures such as fences, irrigation systems, and walls must be repaired or replaced periodically to maintain a structurally sound condition.
(3) Landscape plans shall be designed by landscape professionals (landscape architects, landscape designers, landscape contractors, nursery personnel) and include the following features:
(a) Property lines, north arrow, scale;
(b) Existing and proposed structures;
(c) Existing and proposed pavement;
(d) Rights-of-way and easements;
(e) Topography with two foot contour lines;
(f) Mounds shown by one foot contour lines;
(g) Utilities;
(h) Fencing and walls;
(i) Existing wooded areas;
(j) Proposed plant material with identification of botanical and common name, DBH, quantity, and planting details; and
(k) Irrigation system location.
(4) Plant material shall be selected from Exhibit A - the town's list of recommended species. Additions and substitutions to the list may be submitted to the Plan Commission for approval as the list is intended to be a guide and is not inclusive of all appropriate selections available.
(5) Species identified in Exhibit B - "Invasive and Poor Characteristic Species" shall be avoided and shall not be counted toward landscaping requirements for projects requesting an ILP.
(6) Landscape material exceeding three feet in height shall be located outside of the vision clearance triangle as defined in the Town of New Palestine's Zoning Code, as amended.
(7) All newly planted deciduous trees shall be at least two inch caliper and newly planted evergreens at least six feet tall. Shrubs shall be at least two gallon container size or 18 inches tall from the adjacent ground level. Minimum sizes shall apply to trees mentioned in all divisions below.
(8) Upon request, the Planning Commission Director may grant an extension of up to 180 days for the complete installation of landscaping materials due to seasonal or weather conditions which preclude the quality installation of plant materials. As a condition of the extension, the Planning Commission Director may require a performance bond, letter of credit, or other satisfactory assurance from the person requesting the extension.
(9) The installation of irrigation systems is strongly encouraged to ensure establishment and long term survivability of plant material.
(10) All plant material shall be living species. Dead, diseased or artificial plants shall not be recognized by the town as contributing to required landscaping.
(11) The Planning Commission Director may allow required plant material to be moved to alternate locations both on and off site but only if there are site features or constraints that prevent installation of or it is determined that there is not appreciative improvement to the site by installing the landscape materials. Any lessening of the requirements must be noticed to adjacent property owners prior to construction or installation, and may be appealed to the Planning Commission by an interested party within 30 days of the public notice.
(12) When wooded areas, tree rows or specimen trees are designated to be conserved or has been included in the commitments, the following measures should be taken:
(a) Install highly visible (orange) construction fencing at least three feet outside the dripline of the trees.
(b) Avoid injuring roots when installing anchoring posts for fencing.
(c) Signs should be posted clearly identifying the plant protection zone.
(H) Perimeter planting standards. This division applies to all residential projects requesting an Improvement Location Permit or approval of a development plan or primary plat that abut a major or minor collector, primary or secondary arterial street or road. It is the intent of this section to buffer the public right-of-way from developments, to provide a soft barrier between pedestrians and developments, to better define the edge of roads for vehicular safety and flow, and to maintain community character goals and enhance aesthetics along public streets.
(1) Residential properties that abut a road or external right-of-way along rights of way other than that which the main residence faces shall have a 20-foot landscaping area adjacent to the road or right-of-way as shown on the New Palestine Zoning Code. The landscaping shall be located in an area designated as "common area" or "landscape easement" and shall not overlap any other easement which prohibits the placement of landscape materials. The landscape area shall be labeled as common area and shall not be counted as open space.
(2) (a) A single- and/or multi-family residential development that abuts a major or minor collector, primary or secondary arterial must install the following landscape elements.
(b) Trees and shrubs. Trees provided at a rate of six trees per 100 lineal feet and shrubs provided at a rate of ten per 100 lineal feet of perimeter planting. Trees and shrubs shall be prorated and rounded up to the nearest whole number for every foot over the initial 100 feet. It is suggested that the required trees and shrubs be at least 50% evergreen, planted in clusters or irregular patterns, and be combined with either fencing or mounding as described below.
1. Development perimeter fences shall be combined with plant material and shall be constructed of masonry, stone, wood, or metal. Fences constructed of synthetic materials that simulate natural materials will also be considered. Fences shall be at least 36 inches in height, but not over 72 inches in height. Fencing may only be provided by the developer and only located in the area designated as "common area" or "landscape easement".
2. Mounds. Mounds shall be combined with plant material, as described above, and may include fencing. Mounds shall be located in an area designated as "common area" or "landscape easement". Mounds shall be a minimum of three feet in height. Maximum side slope shall not exceed 3:1 ratio. Engineering design requirements shall determine the setback from the right-of-way line of a public or private street and from the property line of an adjoining property. Continuous mounds are not permitted.
3. Where a common area is designated on the plat or development plan of a commercial or residential project, a property or Homeowner's Association shall be formed and shall be required to provide all necessary maintenance to said common areas as set forth in this section under division (G).
(I) Residential subdivision lot and foundation planting standards. This division applies to all single-family detached uses located in a residential subdivision requesting an Improvement Location Permit or approval of a development plan or primary plat.
(1) The following planting requirements apply to all single-family residential uses.
(a) Lots with 6,000 or less square feet shall be required to plant one deciduous tree or one evergreen lawn tree in the lot planting area in the front yard.
(b) Lots over 6,000 square feet but less than 15,000 square feet shall he required to plant two trees in the lot planting area in the front or sideyard within ten feet of the established building line.
(c) Lots over 15,000 square feet shall be required to plant three trees in the lot planting area with at least one in the frontyard.
(2) All lots shall have a minimum of six shrubs planted along the foundation facing a street. Corner lots shall install six shrubs per side facing a street.
(J) Commercial, multi-family, institutional (schools, churches, government offices, parks) uses lot and foundation planting standards. This division applies to all commercial, multi-family, and/or institutional projects requesting an Improvement Location Permit or approval of a development plan or primary plat.
(1) The following lot planting requirements apply.
(a) Lots over 15,000 square feet but less than 30,000 square feet shall be required to plant one canopy tree.
(b) Lots over 30,000 square feet but less than 45,000 square feet shall be required to plant two trees, one of which must be canopy trees.
(c) Lots over 45,000 square feet shall be required to plant three trees plus one more per every 15,000 square feet over 45,000 square feet. At least one-third of all trees planted must be canopy trees.
(2) The following foundation planting requirements apply to all structures unless determined by the Planning Commissioner as unnecessary.
(a) The foundation plantings shall be located within 20 feet of the foundation wall. Plantings may be grouped.
(b) At least one shrub or ornamental tree shall be planted for every 12 lineal feet of building circumference exclusive of window, door and loading dock openings.
(c) Trash enclosures and ground mounted heating and cooling units shall be completely screened with a fence or wall constructed of similar materials as the primary structure and be supplemented with landscaping.
(K) Parking lot planting standards. This division applies to projects in all zoning districts requesting an Improvement Location Permit or approval of a development plan or primary plat. The intent is to require a reasonable amount of plant materials around parking lots such to reduce glare, reduce heat buildup, enhance visual quality of developments, screen and mitigate potential conflict between land uses, reduce noise pollution, reduce erosion, minimize stormwater runoff, and improve air quality.
(1) Perimeter landscaping. Parking lots with six or more spaces shall have the following perimeter planting.
(a) Parking lots shall be screened from streets and adjacent uses using a combination of plant materials, decorative fences, decorative walls, and/or earthen mounds.
(b) Shrubs shall be planted at a maximum ratio of one shrub per four lineal feet around the perimeter and be maintained at a height of at least 36 inches tall at maturity in order to minimize headlights projecting onto adjacent properties.
(c) A wall or mound may be installed in lieu of shrubs. Walls or mounds, if used, shall be a minimum of 36 inches and maximum of 42 inches in height.
(d) One deciduous tree per 35 feet of parking lot perimeter shall be planted within ten feet of the parking lot edge.
(e) The screen may be broken into segments to allow for pedestrian movement.
(f) Drive aisles located along property lines shall be required to have half of the above landscaping requirement.
(2) Interior parking lot landscaping. Parking lots with 20 or more parking spaces are required to have the following. The portion of an institutional use's parking lot used primarily for bus circulation and staging is not required to install the landscape islands required in this section for that portion of the parking area.
(a) One landscape island shall be provided per 20 spaces and the islands shall be distributed equally throughout the parking lot.
(b) Each island shall be at least 180 square feet in size and contain at least one tree. One-third of trees planted in islands shall be canopy trees.
(c) Each landscape island shall be designated such that any tree when planted is not within three and one half feet of a curbed or paved edge.
(d) Parking lot landscape areas shall not be filled with gravel or impervious surface. They must be free of litter and be maintained with plant materials and mulch.
(3) The Planning Commission may require a graphic depiction (perspective sketch or elevation) of the parking lot screening and islands as seen from the street.
(4) Parking lots may project into the perimeter landscaping areas by up to ten feet. When a parking lot extends into any portion of a perimeter landscape area, the requirements in division (K)(1) above are no longer required in those areas. However, fencing (as noted in division (H)) shall be used instead of mounding within the perimeter landscaping area.
(L) Bufferyard standards. This division applies to projects in all zoning districts requesting an Improvement Location Permit or approval of a development plan or primary plat. The intent is to soften the potential conflicts between uses in one zoning district from the uses in an adjacent district by using distance, plantings, fences, walls and mounds. The degree of conflict (or potential conflict) between two zoning districts will determine the extent of buffering required.
(1) The bufferyard standards only apply along the property lines (side and rear property lines included) where the two conflicting zoning districts meet.
(2) The property which is zoned for higher intensity uses is responsible for installing the bufferyard.
(3) A natural or irregular row and spacing of trees is preferred. However, trees shall be planted no more than 20 feet apart. A plant list including a "living fence" category is included in Exhibit A. Plant material shall be installed within the bufferyard within the setback.
(4) If the applicant can produce evidence that the planting area is too wet for evergreen trees, the applicant may substitute another type of tree as approved by the Planning Commissioner.
(5) The following small sized bufferyard is required where single-family uses abut either a multi-family, institutional or B-1 commercial use. The following quantities are minimums.
(a) Three canopy trees and three evergreen trees per 100 lineal feet. Trees shall be prorated and rounded up to the nearest whole number for every foot over the initial 100 feet of contiguous boundary with the conflicting district.
(b) All trees must be planted in the setback between five and 15 feet from the property line that is contiguous to the conflicting property.
(c) A reasonable attempt to screen the most obnoxious, noise producing, unsightly, tallest, most intrusive or most visible parts of buildings on the subject property should be made.
(d) Undulating mounds with a minimum height of three feet must be installed for a distance equivalent to 60% of the distance contiguous to the conflicting property. Maximum height of undulating mounds is eight feet.
(6) The following medium sized bufferyard is required where single-family, multi-family, or institutional uses abut B-2 and B-3 district. The following quantities are minimums.
(a) Four canopy trees and four evergreen trees must be planted for every 100 feet of contiguous boundary with the conflicting district. Each evergreen tree may not be spaced more than 25 feet from one another. Trees shall be prorated and rounded up to the nearest whole number for every foot over the initial 100 feet.
(b) All trees must be planted in the setback within 25 feet from the property line that is contiguous to the conflicting property.
(c) Ten shrubs shall be planted for every 100 feet of contiguous boundary with the conflicting district.
(d) A reasonable attempt to screen the most obnoxious, noise producing, unsightly, tallest, most intrusive or most visible parts of building on the subject property should be made.
(e) Undulating mounds with a minimum height of four feet must be installed for a distance equivalent to 80% of the distance contiguous to the conflicting property. Maximum height of undulating mounds is eight feet.
(7) The following large sized bufferyard is required where single-family, multi-family, or institutional uses abut an I-1 or 1-2 industrial district. The following quantities are minimums.
(a) Five canopy trees must be planted for every 100 feet of contiguous boundary with the conflicting district; and
(b) Five evergreen trees must be planted for every 100 feet of contiguous boundary with the conflicting district. Trees shall be prorated and rounded up to the nearest whole number for every foot over the initial 100 feet.
(c) All trees must be planted within 25 feet from the property line that is contiguous to the conflicting property.
(d) Twenty shrubs shall be planted for every 100 feet of contiguous boundary with the conflicting district.
(e) Undulating mounds with a minimum height of four feet must be installed for a minimum distance equivalent to 80% of the contiguous conflicting property. Maximum height of undulating mounds is eight feet.
(f) A reasonable attempt to screen the most obnoxious, noise producing, unsightly, tallest, most intrusive or most visible parts of building on the subject property should be made.
Bufferyards (single-family abutting multi-family or B-1 district
) | 6 trees (50% canopy/50% evergreen) per 100' plus minimum 3' mound |
Bufferyards (residential abutting B-2 or B-3 district) | 8 trees and 10 shrubs per 100' plus minimum 4' mound for 60% distance |
Bufferyard (residential abuts I-1 or I-2 districts) | 10 trees and 20 shrubs per 100' plus minimum 4' mound for 60% distance. |
(M) Optional natural area protection.
(1) This division 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. The intent is to prevent the unnecessary cutting, removal or killing of trees in wooded areas, to prevent the unnecessary cutting, removal or killing of specimen trees, to promote and maintain a high level of community aesthetics through the conservation and planting of trees. Other areas to be given priority to 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.
(2) An in kind credit toward meeting the landscaping requirements of this section may be available in order to encourage the preservation of an existing healthy tree. Development density increases could be granted by the Town Council as an additional incentive. Greater open space credit could be granted due the preservation of quality in natural areas as well. A credit shall be given per tree that contributes to and satisfies similarly the intent of a particular provision of this section. The following credits shall be granted for an existing tree as follows:
(a) For each preserved deciduous tree over four inches but less than eight inches DBH a credit for three deciduous trees shall be granted.
(b) For each preserved deciduous tree over eight inches but less than 12 inches DBH a credit for four deciduous trees shall be granted.
(c) For each preserved deciduous tree over 12 inches DBH a credit for five deciduous trees shall be granted. The Planning Commissioner may grant larger credits for trees over 12 inches DBH upon request.
(d) For each preserved evergreen tree over six feet tall but less than ten feet tall shall be granted credit for two evergreen trees.
(e) For each preserved evergreen tree over ten feet tall shall be granted credit for three evergreen trees. The Planning Commissioner may grant larger credits for evergreen trees over ten feet tall upon request.
(3) If preserving the natural landscape is chosen, prior to construction on or removal of trees from a wooded area, the following standards apply:
(a) 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.
(b) 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: 1. within the building site pad; 2. within 15 feet of the perimeter of the primary structure or accessory structures; 3. between the front of the primary structure and the interior roadway of the subdivision; and/or 4. required to be removed in order to comply with safety requirements of any governmental agency.
(c) Tree retention areas shall be a minimum of 35 feet wide and minimum contiguous area of 10,000 square feet.
(d) 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 2-inch caliper trees or two 3-inch caliper trees to total this caliper of the trees removed.
(4) Prior to construction around a specimen tree in a tree conservation area, the following standards apply.
(a) Install highly visible (orange) construction fencing at least three feet outside the dripline of the trees.
(b) Avoid injuring roots when installing anchoring posts for fencing.
(c) Signs should be posted clearly identifying the plant protection zone.
(d) If a portion greater than 30% of the area within the dripline is unavoidably impacted, applicant shall install a root aeration system, tree well, retaining wall or raised boardwalk as appropriate permanent protection.
(5) Prior to construction in a riparian area:
(a) The petitioner shall work with the Town of New Palestine Planning Commissioner regarding conservation of riparian areas on site.
(b) Establish or enhance forest buffers of at least 50 feet wide adjacent to intermittent and perennial streams.
(c) Newly planted trees and shrubs shall be species native to central Indiana.
(d) Tree sizes may be a minimum of one-inch caliper unless otherwise approved by Planning Commission Director.
(e) For optimal survival and unless irrigated with an automatic system, planting should occur in the spring or fall.
(N) Enforcement and penalties. Enforcement of the provisions herein shall be subject to the terms and conditions set forth above. In addition to the duties and obligations set forth above, it shall be the responsibility of the adjacent property owners to maintain and provide routine care of plant material located within the rights-of-way within the town. For purposes of this section, maintenance and care shall include but not be limited to pruning, watering, fertilizing, and mulching as well as the removal of any item that would constitute a safety hazard to pedestrian or vehicular traffic.
(Ord. 051805A, passed 8-17-2005)