Chapter 18.75
LANDSCAPE REGULATIONS

Sections:

18.75.010    Purpose.

18.75.020    General provisions.

18.75.030    Landscape design standards.

18.75.040    Naturalized storm water detention/retention facilities.

18.75.050    Alternative compliance.

18.75.060    Recommended and unacceptable plant lists.

18.75.010 Purpose.

It is the intent of this chapter to ensure that landscaping is an integral component of design and development in the town. The chapter further intends to promote higher quality living environment, reduce or mitigate harmful effects of noise, enhance visual quality of developments, screen and mitigate potential conflict between land uses, and to preserve the quality of life for the residents. It is further believed that appropriate landscaping will reduce heat buildup, minimize storm water runoff, promote ground water recharge, and protect and preserve the natural environment of the town. [Ord. 1659 § 1, 2017].

18.75.020 General provisions.

(A) Where the requirements imposed by any provision of the zoning ordinance involving landscaping, screening, green buffer strips, yards, or other open space requirements are either more or less restrictive than the provisions of this chapter, the regulations which impose a higher standard or requirement shall govern.

(B) Where a lot is occupied by two or more land uses, landscape standards consistent with the requirement of the most intense use shall apply.

(C) With the exception of residential uses as noted in subsection (D) of this section, all development applications involving buildings, parking, drainage, riparian work, or areas with substantial environmental values must include landscape plans.

(D) The following uses are required to meet the landscaping standards of this title but are not required to submit landscape plans:

(1) Single-family dwellings and duplexes.

(2) Accessory buildings and structures.

(3) Changes internal to an existing structure.

(4) Building additions involving less than 500 square feet.

(5) Reconstruction, repair, or replacement of any damaged structure involving less than 50 percent of the value of the original structure.

(E) Except as provided herein, all other land uses or changes in land use are required to submit a landscape plan in conjunction with other plans as required by this title. The plan must be prepared by a registered landscape architect licensed to practice in the state of Indiana.

(F) Landscape plans for planned developments or other uses requiring site plan review approval shall be concurrently reviewed and approved by the applicable administrative agencies as meeting the requirements of this title and chapter.

(G) Such landscape plans shall contain, or have attached thereto, the following information:

(1) North arrow and graphic scale.

(2) The location and dimensions of all existing and proposed structures, parking lots and drives, roadways and right-of-way, sidewalks, bicycle paths, ground signs, refuse disposal areas, bicycle parking areas, fences, freestanding utility meters and equipment, playgrounds and other recreational facilities, irrigation systems, and other freestanding structural features.

(3) The location of existing and proposed natural habitat and greenway areas, and their relationship to adjacent areas.

(4) The location, quantity, size, planting condition (balled and burlapped, bare root, etc.) and name, both botanical and common, of all proposed plant materials.

(5) The location of existing buildings, structures and plant materials on adjacent property within 50 feet of the site.

(6) Existing and proposed grading of the site, including proposed berms, indicating contours, at one-foot intervals.

(7) A reasonably comprehensive description of the location, quantity, size, and name of existing woody and nonwoody plants. Trees and significant vegetation designated for preservation shall be identified by both the common and botanical names. The plan shall indicate existing screening materials.

(8) Elevation views and details of all fences proposed for location on the site.

(9) Location of buried utilities and delineation of easements.

(10) Show clearance for installation and servicing of ground mounted mechanical (HVAC) and utility (pedestals and transformers) equipment.

(11) Elevations, cross-sections and other details of proposed improvements necessary by the zoning administrator or appointed designee.

(12) Location of all existing and proposed watercourses and federally regulated wetlands on, or within, 50 feet of the property.

(13) Planting specifications, including installation, soil and guying specifications.

(14) Symbols representing proposed plant material shall be drawn to scale showing two-thirds of full mature size and labeled as to quantity and type.

(15) Location of underground irrigation system, if any.

(16) Planting schedule.

(H) Once a landscape plan has been approved and a building permit issued, the applicant may request a modification. Such modification shall be approved by the town staff, provided:

(1) The modification does not diminish the benefits of the approved landscape plan.

(2) The modification involves only minor grade changes or substitution of materials.

(3) The modification does not involve more than 15 percent of the total plant materials.

(I) A revision shall be considered minor where there is no reduction in the quantity and quality of plant material, no significant change in size or location of plant material, and new plants are of the same general category (canopy, ornamental, evergreen etc.) and have the same general design characteristics (mature size, shape, spread, density) as the materials being substituted. Burden for proof of equivalency is on the applicant using published standards such as Plant Guides or Plant Fact Sheets in the United States Department of Agriculture/Natural Resources Conservation Service (USDA/NRCS) Plants database.

(J) Failure to implement a permitted landscape plan, or to maintain the lot or use in substantial conformance with the landscape plan, shall be cause for revocation of the occupancy permit and/or the application of fines and penalties, as established in this title.

(K) Occupancy of a development that required improvement or permit approval may be allowed prior to the complete installation of all required landscaping and irrigation only under the following circumstances:

(1) Occupancy is requested between December 1st and April 1st.

(2) A security is provided to the town equal to 110 percent of the cost of the labor and materials (plants, ground covers, and any required irrigation) that have not been installed, as verified in writing by a landscape contractor or the landscape architect. Security may consist of a performance bond payable to the town of Highland, certified check, certificate of deposit, or lending agency certification that funds are being held until completion or such other assurances as may be approved by the town staff.

(3) The applicant and the town agree to a specified installation completion date.

(4) To verify that the landscaping and/or irrigation has been installed per the approved plan, an inspection shall be made prior to any security being released.

(L) A security bond may be provided to cover the expected monitoring and management activities following substantial completion of the installation of an approved landscape improvement plan. The above letter of credit will be released and the security bond will be held until the landscape is accepted by the town.

(M) Vegetation and plant material that exists on a site prior to development may be used to satisfy the landscaping requirements in this title; provided, that the size, variety, and location of the plant material meets the minimum requirements of this title.

(N) Trees proposed for preservation shall meet the following additional requirements:

(1) Preserved trees shall be healthy and free of mechanical injury, and may not be damaged by skinning, barking, bumping, or similar induced wounds.

(2) There shall be no evidence of active disease or insect infestation.

(3) A protection area of 10 feet outside the entire area of the tree drip line shall be naturally preserved or provided with pervious landscape material, with no soil compaction or storage of fill, paint, chemicals and other foreign substances, or heavy machinery permitted in the protection area.

(4) No grade changes or removal of soil shall be permitted within 10 feet of the trunk of any preserved tree.

(O) When natural areas, groves, tree rows, or specimen trees are designated to be conserved or have been included in a preservation commitment, the following measures shall be taken.

(1) Install highly visible (orange) construction fencing at least three feet outside the dripline of the trees in the protected area.

(2) Avoid injuring roots when installing anchoring posts for fencing.

(3) Signs should be posted clearly identifying the plant protection zone.

(P) Where a common area or a public area is designated on a plat of subdivision, or development plan of a commercial or residential project where multiple ownership of the site is expected, a property or homeowners’ association shall be formed and shall be required to provide necessary maintenance to said common areas.

(Q) Where two or more differing landscaping provisions (such as buffering, screening, transition yards, etc.) overlap, they can be incorporated into a single landscaping area; provided, that the requirements for each landscaping provision is fulfilled within the combined landscaping treatment area.

(R) No Plant Zones.

(1) A no plant zone for trees shall be established within 10 feet of any fire hydrant, clear zone for vehicular access way, or street light, and five feet of all other utility easements and sidewalks, when measured from its center.

(2) A no plant zone for shrubs shall be established within five feet of any fire hydrant, vehicular access way, or all other utility easements when measured from its perimeter.

(3) Landscaping, except for turf grasses, shall not be permitted in any no plant zone. The owner shall be responsible for the full cost of removal of any plants located within a no plant zone.

(S) All landscaping in easements shall provide adequate clearance to assure no impairment of access, or damage to the infrastructure from such landscaping. The clearance shall be at minimum five feet.

(T) All vegetative screens shall be required to achieve a minimum opacity of 75 percent within two years of planting.

(U) Vegetable gardens and similar agriculture gardens shall only be permitted in the rear yard of a lot.

(V) Plant Material Standards.

(1) Planting materials used in conformance with the provisions of this chapter shall be of good quality, of a species normally grown in, or native to, Northwestern Indiana (typically Zone 5), capable of withstanding the extremes of individual site microclimates, and shall conform to the standards in the most recent edition of the American Standard for Nursery Stock ANSI (http://www.americanhort.org). Size and density of plant material, both at the time of planting and at maturity, are additional criteria which must be avoided. Not more than 50 percent of any planting area shall be of one species or plant type.

(2) Secondary published sources that may be consulted are:

(a) Urban Trees, LC-992, distributed by Purdue University Cooperative Extension Service, Lake County Office.

(b) Standard Specifications, Section 914 – Roadside Development Materials, published by the Indiana Department of Transportation.

(3) The use of stone, rock, or gravel as a ground cover is not acceptable unless used as a decorative accent or as part of an appropriate landscape concept.

(4) Recommended and unacceptable plant species are listed by category in HMC 18.75.060. Species identified in HMC 18.75.060(I) and (J), or by the Indiana Department of Natural Resources as updated periodically, shall be avoided. Such species, if planted, shall not be counted toward landscaping requirements of this title.

(5) Plant material shall be living species. Dead or artificial plants shall not be accepted as contributing to the required landscaping.

(6) Plant material used in conformance with the provisions of this chapter shall be selected to provide:

(a) Climate hardiness of plant material.

(b) High disease resistance and stress tolerance.

(c) Adaptability of proposed plant material to the particular microclimate (sun, shade, dry or wet soils, alkalinity, etc.) in which it is to be located.

(d) Inclusion of native plant material where appropriate.

(e) Select plants for drought tolerance.

(f) Overall year-round ornamental effect.

(g) Conformance with best management practices (BMPs).

(7) Plant material shall be healthy, free of insects and diseases, physical damage (bark bruises, cracked branches, scrapes, etc.), and exhibit a straight central leader when applicable.

(8) Trees in parks and open space areas shall only include those species native to Northwest Indiana.

(9) Landscaping projects requiring more than 25 or more new trees shall maximize diversity by providing a variety of trees, shrubs, and ground covers. Single species planting shall not be permitted.

(10) The minimum sizes of all plant materials required by this chapter shall be according to the following provisions:

(a) Street trees, as listed in HMC 18.75.060(C), shall be at minimum two-inch caliper for single-family residential uses, and two-and-one-half-inch caliper for all other uses, with the bottom-most six feet clear of branches in all locations.

(b) Deciduous canopy trees shall be at minimum one-and-one-half-inch caliper for single-family residential uses, and two-inch caliper for all other uses, with the bottom-most six feet clear of branches in all locations.

(c) Evergreen trees shall be at least six feet tall for single-family residential uses, and eight feet tall for all other uses.

(d) Ornamental and understory trees shall be one-and-one-half-inch caliper or six feet high.

(e) Shrubs shall be five-gallon container size or two feet tall from the ground after planting.

(f) Perennial plants shall have one full season growth with a minimum size of one-half gallon.

(g) Ground Cover. Grass and other vegetative ground cover shall be used for all pervious areas excluding planting beds, with sufficient space to achieve full cover in the second year after planting.

(W) Landscape Management.

(1) The owner of the premises shall be responsible for the management, repair and replacement of all landscaping materials, plants, screens and buffers as required by the provisions of this title, including those in easements and rights-of-way, in an attractive manner free of weeds and noxious vegetation.

(2) All landscaping materials shall be maintained in good condition so as to present a healthy, neat and orderly appearance, and plant material not in this condition shall be replaced when necessary and shall be kept free of refuse and debris. All dead plant material shall be replaced with the same at the next available planting season.

(3) Urban Tree Care, LC-1193, distributed by the Lake County Office of the Purdue University Cooperative Extension Service, may be consulted as a guide.

(4) Fences, walls, curbing and other barriers shall be maintained in good repair.

(5) The owner of trees overhanging public streets or right-of-way shall prune the branches so that such branches do not obstruct the light from any street lamp or obstruct the view of any street intersection or traffic control device and shall provide a clear space of eight feet above the surface of the sidewalk and 12 feet above the pavement surface from back of curb to back of curb. Said owner shall remove all dead, diseased, or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public.

(6) The town shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light or interferes with the visibility of any traffic control device or sign. The property owner shall be charged the cost of such service that the town initiates for public safety.

(7) Owner Responsibilities.

(a) The responsibility for pruning and maintenance of landscaping that overhangs or crosses over property lines and creates a nuisance, discomfort, or otherwise impedes the enjoyment of the abutting property owners shall be that of the plant owner.

(b) In the event of refusal of the plant owner, the adjoining property owner may prune such overgrown and encroaching plants up to the property line.

(c) On sites where landscaping of the public right-of-way complies with the provisions of this chapter, the adjacent property owner assumes full responsibility for maintenance and upkeep of the right-of-way. The owner also accepts full financial responsibility for the cost of movement, replacement, and relocation of landscaping should the town require the use of the right-of-way.

(X) Dead or Diseased Tree Removal.

(1) The town shall have the right to cause the removal of any dead, damaged or diseased trees on private property within the town, when such trees constitute a life and property safety hazard, or harbor insects or disease which constitute a potential threat to other trees within the town. The owner(s) of such trees shall remove them upon written notification. Removal shall be done by said owners at their own expense within 60 days after the date of the service of notice. In the event that the owners fail to comply with such provisions, the town shall have the authority to remove such trees and charge the cost of removal to the property owner.

(2) The town shall have the right to plant, prune, maintain and remove trees, plants and shrubs, within the right-of-way of all streets, alleys, avenues, lanes, squares, and other public grounds, as may be necessary to ensure public safety or to preserve or enhance the symmetry and beauty of such public grounds. The town may remove any tree or part thereof which is in an unsafe condition or, by reason of its own nature, is injurious to sewers, electric power lines, gas lines, water lines, or other public improvements. [Ord. 1659 § 1, 2017].

18.75.030 Landscape design standards.

(A) General Requirements.

(1) Required landscape areas are exclusive of utility easement requirements and in addition to right-of-way landscaping.

(2) Landscaping shall be designed with pedestrian access in mind, with amenities, materials, and features that encourage and promote walkability and pedestrian movement. In no case shall any landscape design impede pedestrian access to any public building or amenity.

(3) If a berm or undulating mound is used in a landscape, a maximum height of six feet and maximum slope of 3:1 shall be maintained.

(B) Landscaping Credits.

(1) Green Energy Lot Coverage Credit. Lots that incorporate green roofs, solar panels, and/or geothermal wells in the development of a building or lot shall be eligible to increase their allowable lot coverage by one percent for every 10 percent of lot area that employs such systems.

(2) Credit may be allowed for existing plant material that is protected in place or salvaged and transplanted on the site, providing that all other requirements of this chapter are met. Maximum credit allowed is one to one (1:1) for each plant based on requirements for plant material of similar type and size.

(3) Credit may be allowed for freestanding site features other than greenscape that provide community gathering or public space uses. Maximum credit allowed is one to one (1:1) based on area and proposed type of use, unless otherwise specified herein. Credit examples are:

(a) A dry bottom detention facility that is maintained as lawn with perimeter planting will be credited at one-quarter to one (1:4) for its single use, provided the facility is designed as a natural green with varying topography, organically shaped banks, and pedestrian walkways. Dry bottom detention facilities not meeting this standard shall not be eligible for an open space credit.

(b) A water feature built into a wet bottom detention facility will be credited at one-half to one (1:2) for dual use, provided the facility is designed as a natural garden with varying topography, organically shaped banks, and pedestrian walkways. Wet bottom detention facilities not meeting this standard shall not be eligible for an open space credit.

(c) A naturalized detention facility will be credited at one to one (1:1) for creation of new naturalized habitat, provided the facility is designed as a natural green with varying topography, organically shaped banks, and pedestrian walkways. Naturalized detention facilities not meeting this standard shall not be eligible for an open space credit.

(d) A public amenity placed in front of a building, such as a public plaza or transit station, will be credited at one to one (1:1) for its public use.

(C) Monument and Freestanding Signs. The base of all monument and freestanding signs shall be landscaped at a minimum width of six feet from all sides of the sign. The landscaping base shall include a minimum of 16 shrubs with a maximum mature height of three feet, with the remaining area including a mixture of perennials or annuals. A minimum of two trees shall also be included in the landscape design, with all trees located a minimum of 10 feet away from all sign faces, and having a minimum vertical clearance of eight feet.

(D) Park Signs. The base of all park signs shall be landscaped at a minimum width of four feet from the front and back of the sign. The landscaping base shall include a minimum of eight shrubs with a maximum mature height of three feet, with the remaining area including a mixture of perennials or annuals.

(E) Right-of-Way Buffering.

(1) All uses, except parks and single-family residential uses, fronting an existing right-of-way shall provide a landscape buffer adjacent to the right-of-way. This buffer area shall serve as a landscaped easement and shall not be obstructed or interrupted with other materials except for approved improvements, signage, and access drives. Buffering treatments for various streets shall be as listed in Table 5.

Table 5 – Right-of-Way Buffering Treatments 

Location

Width

Treatment (per 100' of frontage)

Local Residential Streets

10'

•    Min. 100 sq. ft. of rain gardens, perennials, and/or annuals.

 

 

•    One of the following treatments:

 

 

•    Two canopy trees, provided there is sufficient clearance from underground utilities, street lights and traffic control devices.

 

 

•    One understory, ornamental or evergreen tree, plus one large or two small shrubs.

 

 

•    Two large and three small shrubs.

Collector Residential Streets

15'

•    Min. 100 sq. ft. of rain gardens, perennials, and/or annuals.

 

 

•    One of the following treatments:

 

 

•    Two canopy trees, provided there is sufficient clearance from underground utilities, street lights and traffic control devices.

 

 

•    One canopy tree, at least eight feet in height if there is sufficient clearance from underground utilities, street lights and traffic control devices, plus two ornamental trees or three evergreen trees.

 

 

•    Two ornamental trees or three evergreen trees, plus nine large or 12 small shrubs.

Arterial Streets and Highways

20'

•    Min. 100 sq. ft. of rain gardens, perennials, and/or annuals.

 

 

•    One of the following treatments:

 

 

•    Two canopy trees, provided there is sufficient clearance from underground utilities, street lights and traffic control devices, plus three ornamental or nine evergreen trees, plus six large or 18 small shrubs.

 

 

•    Three ornamental trees, plus three evergreen trees, plus 12 large or 18 small shrubs.

 

 

•    Five ornamental trees or nine evergreen trees, plus 12 large or 18 small shrubs.

(2) Frontage roads, service roads and reliever streets parallel to major arterials, if any, shall provide a seven-foot-wide planting strip, but street trees are not required on both sides of a frontage road. Street trees shall only be required on the side of the street where primary structures are located.

(3) Bulbout islands shall be completely curbed where they abut a street, and include one canopy tree and decorative ground cover containing at least 10 shrubs for every 100 square feet of landscape area.

(4) Landscaping shall be provided on each corner and double frontage lot, along the frontage which does not have access to the public right-of-way. The landscaping shall provide a buffer to the traffic and noise associated with the right-of-way. The landscaping shall be located parallel to the lot line and shall extend along the entire frontage of the lot immediately adjacent to the property line. The required landscaping shall be comprised of plant material in accordance with the above schedule depending on the classification of the adjacent right-of-way.

(F) Parkway Trees.

(1) Except where prohibited by local, state or federal authorities, one street tree, as defined in HMC 18.75.060(C), on the parkway for each 35 feet of frontage is required.

(2) Where a parkway does not exist, street trees shall not be permitted unless approved by the town staff and provided such trees are located only within the outer 10 feet of the right-of-way. If space does not exist within the outer 10 feet of right-of-way, then the trees shall be planted on the abutting property within 10 feet of the right-of-way and all such planting shall be credited toward applicable perimeter or front yard planting requirements.

(G) Cul-de-Sac Turning Circle.

(1) Turning circles in cul-de-sacs shall be fully landscaped with a mixture of canopy and street trees, small shrubs no more than three feet at mature height, perennials, and turf grasses. Neighborhood amenities, such as plazas, seating areas, arbors, trellises, and the like, shall also be permitted.

(2) The development of rain gardens and bioswales shall be encouraged in cul-de-sac turning circles as a means of storm water management.

(H) Front Yard Landscaping.

(1) All developments in all zoning districts shall be required to provide landscaping on front yard or the side yards, if fronting a street, prior to issuance of the occupancy permit.

(2) Front yard landscaping in all zoning districts shall be as provided in Table 6.

 

Table 6 – Front Yard Landscaping Treatments

Location

Treatment (per 1,000 sq. ft. of front yard)

Residential Districts

•    One canopy tree.

 

•    Four shrubs or accent plants on the front elevation.

 

•    The remaining area treated with attractive ground cover(s) (e.g., lawn, perennials, and shrubs) with a deep root system that holds soil and prevents erosion.

 

•    Corner lots shall install six shrubs and one canopy tree per side facing a street.

Professional Business District (PB)

•    One canopy tree.

 

•    Six large shrubs or 12 small shrubs, trees or accent plants.

 

•    Corner lots shall install 10 shrubs and two trees per side facing a street.

 

•    The remaining area treated with suitable living ground cover, lawn, perennials or other attractive plant materials.

Other Business Districts

•    One canopy tree.

 

•    Five large shrubs or eight small shrubs, trees or accent plants.

 

•    Corner lots shall install six shrubs and one tree per side facing a street.

 

•    The remaining area treated with suitable living ground cover, lawn, perennials or other attractive plant materials.

Industrial Districts

•    One canopy tree.

 

•    Five large shrubs or eight small shrubs, trees or accent plants.

 

•    The remaining area treated with suitable living ground cover, lawn, or decorative treatment of bark, rock, or other attractive ground cover.

 

•    Where the yard adjacent to a street of an industrially zoned property is across a right-of-way from other industrially zoned property, only 50 percent of this standard shall apply.

(3) Additional Requirements for Residential Uses.

(a) All front yards (exclusive of driveways and other permitted hard surfaces) are required to be landscaped prior to issuance of an occupancy permit. A temporary occupancy permit for up to one year may be issued according to the provisions of this title.

(b) Walls that do not exceed two feet in height may be permitted only when shown as an integral part of a landscape plan. Walls shall be constructed of masonry materials that complement the architecture of the primary building.

(c) An approved landscape plan, meeting the requirements of HMC 18.75.020 and 18.75.050, may be used in lieu of the standards in Table 6.

(4) Additional Requirements for Business and Professional Office Uses.

(a) All required yards adjacent to a street (exclusive of driveway and other permitted hard surfaces) are required to be landscaped prior to issuance of an occupancy permit.

(b) Walls are not permitted in front yards unless they are used to screen off-street parking lots. Walls shall be constructed of masonry materials that complement the architecture of the primary building.

(5) Additional Requirements for Business Park and Industrial Uses. All required yards adjacent to a street (exclusive of driveway and other permitted hard surfaces) are required to be landscaped prior to issuance of an occupancy permit. A temporary occupancy permit for up to one year may be issued according to the provisions to this title.

(I) Side Yard Landscaping in Nonresidential Zones. Where two adjoining lots have a minimum combined side yard width of 20 feet, but not exceeding 30 feet, the lot owners may be permitted to develop a pedestrian plaza in the combined side yard. An increase of one percent of allowable lot coverage shall be permitted for every five percent of lot area that employs such open space, subject to the following conditions.

(1) The plaza shall be open to the public and accessible to pedestrians from all adjoining public streets, alleys, and parking lots, where they exist.

(2) A minimum of one building entrance for each building utilizing the plaza shall be provided in the side yard, in addition to all other building entrances that may be required.

(3) The design of the plaza shall be approved by the plan commission.

(J) Transition Yard Planting.

(1) Side and rear yards of business or industrial districts adjacent to residential zoned property shall provide adequate screening to maintain a 75 percent opacity in two years. The planting shall include at least the following for every 100 feet of lot length:

Table 7 – Transition Yard Landscaping Treatments

Location

Treatment (per 100' of lot length)

Business Districts

•    Three canopy trees, if sufficient clearance from overhead and underground utilities exists.

 

•    One of the following treatments:

 

•    Six large evergreen trees, plus 12 large or 20 small shrubs.

 

•    Four understory or ornamental trees, 12 evergreen trees, plus 12 large or 24 small shrubs.

 

•    Other combination of plantings as prepared by a landscape architect provided such planting plan meets 75 percent opacity.

 

•    The remaining area treated with suitable living ground cover, lawn, perennials, or other attractive plant materials.

Industrial Districts

•    Four canopy trees, if sufficient clearance from overhead and underground utilities exists.

 

•    One of the following treatments:

 

•    Eight large evergreens, 12 small evergreen trees, plus 24 large and 36 small shrubs.

 

•    Twelve understory or ornamental trees, 16 evergreen trees, plus 18 large or 24 small shrubs.

 

•    Other combination of plantings as prepared by a landscape architect provided such planting plan meets 75 percent opacity.

 

•    The remaining area treated with suitable living ground cover, lawn, perennials, or other attractive plant materials.

(2) Open Storage Yards.

(a) Open storage yards shall be screened on all sides by solid walls or fences (including solid doors or gates) not more than eight feet high, but in no case lower in height than the materials to be stored.

(b) The wall or fencing shall be landscaped on all sides if it adjoins uses other than industrial or abuts a public right-of-way.

(c) When a storage yard fronts a public right-of-way, a setback of 60 feet shall be required. A continuous berm with minimum three feet height shall be provided, and the area shall be landscaped in accordance with the provisions of subsection (J)(2)(b) of this section.

(d) When a storage yard with fencing abuts uses other than industrial, an outside perimeter landscaping shall be required in accordance with the provisions of subsection (J)(2)(b) of this section.

(K) Parkway Landscaping. The following provisions shall apply to all properties that have street curbs and/or gutters:

(1) Property owners may maintain native grasses to a maximum height of six inches; however, these properties shall not maintain rocks, gravel, bark, or other similar materials within the public right-of-way.

(2) Turf shall be permitted in all parkways and is recommended on slope grades up to 50 percent (1:1 slope). Turf is not recommended on slopes greater than 50 percent.

(3) Canopy trees, planted at specified distances, are permitted.

(4) Driveways and walkways shall be permitted in all parkways.

(5) Rain gardens shall be permitted with approval of the plan commission and public works. Planting plans and grading plans shall be submitted as part of an application for rain gardens.

(6) Prohibited Materials. Materials prohibited in parkways include brick pavers, gravel, asphalt, ground cover and shrubs exceeding 18 inches in height at maturity, and concrete, unless such materials are used in conjunction with driveways, walkways, and plazas.

(L) Principal Building Foundations. In addition to the general design criteria prescribed in this chapter, the following requirements shall also apply to foundation landscaping of principal buildings.

(1) All nonresidential and multiple-family development shall provide perimeter landscaping as provided herein.

(2) A landscaping area not less than five feet in width shall be located around the perimeter of all buildings, except where impractical, e.g., loading dock areas, entryways, etc.

(3) Required foundation landscaping areas shall remain open and free of all paving except where walks to buildings and other similar paving is required.

(4) Foundation landscaping consists of shade and ornamental trees, evergreens, shrubbery, hedges, and/or other living plant materials. Particular attention shall be paid toward screening mechanical equipment and loading docks, softening large expanses of building walls, and accenting entrances and architectural features of the building(s).

(M) Parking Lot Landscaping.

(1) Landscaping for parking areas shall consist of a minimum of seven percent of the total parking area, plus a ratio of one tree per eight parking spaces for large parking lots (50 spaces or more) and one tree per 10 parking spaces for small parking lots. All parking spaces, travel aisles, sidewalks, and abutting landscape areas shall be included as part of the parking area.

(2) All parking lots located adjacent to an existing public right(s)-of-way shall establish roadside landscape buffer of not less than eight feet in width. Such buffer shall complement the existing road parkway where practical or district’s yard setback requirements as provided in Chapter 18.55 HMC.

(3) Entryway Landscaping. Entryways into parking lots shall be bordered by a minimum five-foot-wide landscape planting strip with canopy trees of not less than 35 feet on center, except that no sight obscuring trees or shrubs are permitted.

(4) Parking Space Buffers. Parking areas shall be separated from the exterior wall of a structure by pedestrian walks or loading areas or by a five-foot strip of landscaping materials.

(5) A parking lot shall be broken up with physical relief by providing one or more of the following:

(a) Landscape strips between parallel parking rows that are a minimum five feet in width. When incorporating pedestrian walkways, such strips shall be a minimum of 12 feet wide for all such applications except for double-sided sidewalks, which shall require a minimum 17-foot-wide strip.

(b) Landscape island, with minimum six feet width and 18 feet long.

(c) Rain gardens and bioswales, and other storm water retention structures may be incorporated into landscaping strips.

(6) Perimeter Landscaping. Parking lots with eight or more spaces shall have the following perimeter improvements.

(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) The screen may be broken into segments to allow for pedestrian movement, diversity and variety.

(c) Shrubs shall be planted at a minimum ratio of one shrub per four lineal feet around the perimeter or create a 75 percent level of opacity in two years, and be maintained at a height of at least three feet tall, but not exceeding eight feet in height. Shrubs shall be planted within five feet of the parking lot edge.

(d) A wall or mound may be installed in lieu of the planting screen. Walls, if used, shall be a minimum of 36 inches and maximum of 42 inches in height.

(e) One deciduous tree per 35 feet of parking lot perimeter shall be planted within 10 feet of the parking lot edge.

(7) Interior Landscaping. Parking lots with eight or more parking spaces are required to have the following:

(a) Landscape Island. Parking areas shall be divided into bays of not more than 12 parking spaces. Between or at the end of each parking bay, there shall be curbed island of at least five feet in width. Each island shall contain one canopy tree and decorative ground cover containing at least 10 shrubs for every 100 square feet of landscape area.

(b) Charging Stations. Charging stations for electrical vehicles shall be located in a curbed landscape island. Such island shall be at least five feet in width. Each island shall contain decorative ground cover containing at least 10 shrubs for every 100 square feet of landscape area.

(c) Rest Area. Where parking rows in a large parking lot exceed 300 feet in length, resting areas shall be provided every 200 feet for every two parking rows. Resting areas shall be a minimum of 15 feet in width and shall be completely curbed. Each resting area shall contain one canopy tree and decorative ground cover containing at least 10 shrubs for every 100 square feet of area.

(d) Landscape Walk. Where a sidewalk abuts a parking lot, a five-foot-wide landscape strip shall be provided between the walk and the parking lot.

(e) Each landscape island shall be bordered by a four-inch or higher curb above the surface of the parking lot, except when such island is used as a rain garden or for bioswales where it could be broken as required.

(f) 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.

(g) Institutional uses with parking lots used primarily for bus circulation and staging are not required to install landscape islands for that portion of the parking area.

(h) Parking lots that incorporate pervious paving in their design shall be exempt from provided landscaped islands (except those required for charging stations), but shall still provide all other required landscaping.

(8) Buffer Yards. A buffer yard shall be required along the property lines (side and rear property lines included) where parking lots abut other conflicting zones. The following standards shall apply where the two conflicting zoning districts meet:

(a) The property which is zoned for higher intensity uses is responsible for installing the buffer yard.

(b) A natural or irregular row and spacing of trees is preferred. However, trees, shrubs and other living landscape materials shall be planted in such a manner to achieve a 75 percent opacity level within two years of the planting. All plant materials shall be installed within five to 15 feet from the property line in the required setback or side yards.

(c) Rolling mounds or berms or opaque fencing may be installed for the total length of conflicting property. Undulating mounds shall not exceed a slope of 3:1, nor exceed six feet in height.

(N) Outdoor Storage, Loading, Utility and Trash Collection Areas.

(1) Areas for outdoor storage, truck parking, loading, trash compaction, or other such uses shall not be visible from public or private rights-of-way and shall be enclosed on all sides by an enclosure of comparable materials to that of the primary structure or surrounded by an earth berm with landscape plantings of not less than six feet in height. No areas for outdoor storage, truck parking, loading, trash compaction, or other such uses shall be located within 20 feet of any public or private street, and public sidewalk.

(2) Utility meters, pedestals and transformers, HVAC equipment, and other service functions shall be incorporated into the overall design of the building and the landscaping plan so that the visual and acoustic impacts of these functions are fully contained and out of view from adjacent properties and public streets, and no attention is attracted to the functions by the use of screening materials that are different from or inferior to the principal materials of the building and landscape.

(3) Dumpsters, recycling containers, and utility or equipment areas must be completely enclosed within an opaque enclosure consisting of materials architecturally compatible with the primary structure. All enclosures must include a gate, consisting of similar design and opaque materials such as solid wood or vinyl. Evergreen landscaping, with a minimum height of eight feet, shall be provided around the enclosure. Chain link or post and rail fences and gates with similar materials shall be prohibited.

(4) All ground mounted utility equipment, including accessory buildings and structures for telecommunication towers, shall be screened with evergreen landscaping at a minimum height of eight feet.

(O) Parks and Open Space.

(1) All parks and managed open space areas shall be landscaped with appropriate plant materials and turf grass.

(2) No more than 25 percent of the area of any park or managed open space shall be used for nonpermeable surfaces. Parks with public community centers shall be allowed a maximum of 70 percent of area with nonpermeable surfaces. Building areas that incorporate green roofs as part of the building design shall not count against this requirement.

(3) A minimum of four different plant materials and variety shall be used in park landscaping. Parks less than three acres in size are exempt from this requirement.

(4) Where trails and pathways are developed, a minimum three-foot setback from trees and shrubs shall be provided on all sides.

(P) Storm Water Detention/Retention Facilities.

(1) Perimeter planting area shall be installed to a minimum width of 20 feet measured perpendicular from the top of bank, or if greater than 20 feet, a width equivalent to the distance from top of bank to the toe of the landward embankment. The area shall be planted in conformance to the schedule in subsection (E)(1) of this section.

(2) In no case shall any storm water facility be located within the front yard of any lot. Access to any storm water facility shall be located only within the lot interior.

(3) The use of rain gardens, bioswales, filtering ponds, chain of ponds, and other similar natural storm water management systems shall be permitted, either in whole or in part, as acceptable storm water management facilities, provided they meet the provisions of this title and all other applicable provisions of the town code. An approved landscape plan shall be required for such use.

(4) Where practical, storm water facilities shall be linked among neighboring properties to create a single storm water system.

(5) A naturalized planting area shall conform to HMC 18.75.040. [Ord. 1659 § 1, 2017].

18.75.040 Naturalized storm water detention/retention facilities.

(A) Where naturalized landscape areas are installed around storm water detention/retention facilities, the areas must remain as naturalistic as possible, resemble natural water features, provide habitat and storm water management benefits, and improve water quality.

(B) Naturalized landscape plans for all storm water detention/retention facilities must be prepared by a registered landscape architect, and clearly demonstrate the ability of the proposed plant material to survive expected periods of inundation, based upon hydrologic studies. The plan shall include the following elements in addition to those required in HMC 18.75.020:

(1) Topographic information and proposed grades, slopes, and gradients for the facility.

(2) Location of existing and/or proposed inlets and outlets.

(3) Identification of all plant zones by elevation range (i.e., 721 – 723.5, HWL – 719, etc.).

(4) Identification all seed mixes and planting rates per plant zone (i.e., prairie, wet prairie, emergent wetland, riparian woods, forested wetland, turf grass, etc.).

(5) Hydrograph data for the two- and 100-year rainfall events on a time vs. stage graph. Data for five- and 10-year events may also be required if determined necessary by the town staff.

(6) Herbivory protection netting for emergent planting zones based on plant selection.

(7) Maintenance and monitoring plans described in subsections (C) through (F) of this section.

(C) A long-term operation and maintenance plan shall also be provided for naturalized landscape areas, and shall include the following:

(1) Names, addresses and telephone numbers of the property owner(s) of the storm water facility.

(2) Names, addresses and telephone numbers of the party or parties legally responsible for operations and management of the storm water facility.

(3) Written documentation of acceptance by public agencies, as applicable; including associated capital expenses.

(4) A copy of the terms demonstrating that the long-term management agreement is recorded against all lots in the project.

(5) Location map identifying all permanent access (public and private), boundaries between traditional turf grass areas and the naturalized areas covered by the plan, overland flow paths, and control structures.

(6) Educational pamphlet to be distributed at closing for all lots in the development that the storm water retention/detention facility serves.

(7) Schedule of expected long-term management activities.

(8) Cost estimate for routine and nonroutine expenses and dedicated source(s) of funding for continued inspection, operation and maintenance.

(D) Naturalized landscapes are to be installed and managed by individuals/companies with qualifications and/or experience with such landscapes. Qualifications are to be provided to the town through submittal of references, photographs, resumes, and/or other means that demonstrate the ability to install and/or manage naturalized landscapes.

(E) Near-Term Reporting Requirements.

(1) The developer is to notify the town at least 48 hours prior to the start of plant installation.

(2) Following substantial completion, the developer is to submit documentation that natural area landscape installation or revegetation has been completed. Nursery packing lists indicating the species and quantities of materials installed are to accompany this notice.

(3) The developer (or a designated representative) is to submit an annual monitoring of the naturalized landscape toward design goals. The report shall include the following:

(a) A location map.

(b) Summary of annual monitoring observations; including five to 10 photographs representative of at least 10 percent of each vegetative community to identify the following:

1. The limits of all vegetation areas by general community type and dominant species within each planting zone (e.g., wetland and prairie zones).

2. All plant species (native and nonnative) in each planting zone.

3. The five most dominant species within each planting zone.

4. The percent survival of planted species.

5. The approximate percent ground cover by native species within each planting zone.

6. The percent ground cover by nonnative or invasive species in each planting zone.

7. Erosion and sedimentation problems.

8. Water level or drainage problems.

9. Areas of bare soil larger than three square feet.

10. Observations on specific management strategies necessary to achieve acceptance requirements.

(c) Description of management performed during the year.

(d) Tabular summary of annual progress relative to acceptance standards.

(e) List of recommendations for management during the upcoming year.

(f) Quarterly observations/inspections of earthen dam embankments, control structures/spillways.

(F) Long-Term Reporting. Every five years following the town’s acceptance of the naturalized landscape plantings, the owner of the property shall submit a report to the town on the condition of naturalized landscapes, recommended management actions to correct deficiencies, and a proposed schedule for implementing the recommended actions. Following implementation of corrective actions, documentation is to be provided to the town demonstrating that deficiencies have been corrected.

(G) Safety Standards.

(1) Special consideration for safety shall be made during the design of storm water facilities including fencing, slope benching, access roads, and flattened side slopes. Fencing is not desirable, but may be incorporated in the design of the storm water facility if other more desirable safety measures are not feasible.

(2) Fencing may be required when a water depth of over two feet for over 24 hours remains after any design storm event, and safety benching or side slopes of 8:1 (12 percent) or flatter cannot be provided. Where provided, fencing shall be in accordance with all applicable regulations in this title.

(H) Naturalized Landscape Acceptance. Satisfactory landscape development associated with naturalized vegetation in storm water facilities or other naturalized areas will be based on the following:

(1) Within three months of seed installation (or three months after the start of the growing season following dormant seeding), at least 90 percent of the seeded area, as measured by aerial cover, will be vegetated or otherwise stabilized against erosion.

(2) Naturalized landscapes shall not have single areas of more than three square feet devoid of vegetation, as measured by aerial coverage.

(3) Seeded areas shall have no rills or gullies, and basin shorelines shall be adequately protected against erosion.

(4) Areas seeded to turf grass or low-maintenance turf shall have 95 percent ground cover.

(5) Emergent areas shall have minimum of 35 percent ground cover (average 50 percent) and other wetland and prairie areas shall have a minimum of 35 percent ground cover (average 60 percent) by species in the approved plant list and/or native species with native coefficient of conservatism (C) value = 2 (per Swink and Wilhelm 1994 or more current version).

(6) Naturalized landscapes shall have a minimum of 30 percent presence by species seeded or planted for the permanent matrix and/or native species with C value = 2 (per Swink and Wilhelm 1994 or more current version).

(7) Installed woody materials shall be alive, in healthy condition, and representative of the species.

(8) No specific plant community, individual or collective, shall have more than 25 percent cover of nonnative or weedy species.

(9) None of the three most dominant species may be nonnative or weedy, as provided in HMC 18.75.060(I) and (J).

(10) Cattails (Typha spp.) do not count towards the 25 percent nonnative criterion provided they represent no more than 10 percent cover.

(I) Prohibited Activities. The following activities are prohibited within areas of naturalized landscaping except as needed to achieve and maintain a naturalized landscape consistent with an approved plan and as directed by a town approved landscape restoration specialist.

(1) Dumping of yard waste, fill material or debris.

(2) Replacement of approved vegetation with nonapproved materials.

(3) Construction or placement of structures, except for pedestrian walks or trails.

(4) Application of pesticides, fertilizer, or herbicides.

(5) Mowing.

(6) Commercial, industrial, agricultural, residential developments, buildings, or structures, including but not limited to signs, billboards, other advertising material, or other structures.

(7) Removal or destruction of trees or plants, draining, plowing, mining, removal of topsoil, sand, rock, gravel, minerals or other material.

(8) Operation of snowmobiles, dune buggies, motorcycles, all-terrain vehicles or any other types of motorized vehicles. [Ord. 1659 § 1, 2017].

18.75.050 Alternative compliance.

(A) Alternative methods of compliance with the provisions of this chapter may be used when one or more of the following conditions exist:

(1) The existing topography, soil, or other site constraints are such that full compliance with the regulations in this chapter are impossible or impractical.

(2) Improved environmental quality and aesthetics would result from the alternative compliance.

(3) Safety considerations make alternative compliance necessary.

(B) All approved alternative compliance landscape plans shall demonstrate an equal or higher level of compliance of material quality, visual effect, and effectiveness of meeting the purpose of this chapter as compared to a traditional landscape plan.

(C) Application Procedure. A request for alternative compliance shall be submitted to the town staff at the time the landscape plan is submitted. Included with the submission shall be the proposed alternative landscape plan, showing in sufficient detail and justification (written, graphic, or both) for the alternative compliance request. The town staff shall make the final determination on whether alternative compliance is warranted for the site. [Ord. 1659 § 1, 2017].

18.75.060 Recommended and unacceptable plant lists.

(A) Canopy Trees. The recommended plant materials for canopy trees, defined as trees with mature heights greater than 50 feet, are listed below, with the following provisions:

(1) Certain species may not be recommended from time to time due to current biological threats or other recognized industry practices.

(2) No canopy tree shall be planted within 30 feet of any structure or overhead utility line.

Table 8 – Recommended Plant Materials for Canopy Trees 

Botanical Name

Common Name

Acer nigrum var.

Black maple

Acer rubrum var.

Red maple

Acer saccharum var.

Sugar maple

Aesculus glabra

Ohio buckeye

Carya ovata

Shagbark hickory

Celtis occidentalis

Hackberry

Corylus colurna

Turkish filbert

Ginkgo biloba (male only)

Maidenhair tree

Gleditsia triacanthos inermis var.

Thornless honeylocust

Gymnocladus dioicus

Kentucky coffeetree

Juglans nigra

Walnut

Liriodenron tulipifera

Tuliptree

Ostrya virginiana

Ironwood

Plantanus acerifolia or occidentalis

London planetree, sycamore

Populus tremuloides

Quaking aspen

Prunus serotina

Black cherry

Pyrus calleryana

Callery pear

Quercus alba

White oak

Quercus bicolor

Swamp white oak

Quercus coccinea

Scarlet oak

Quercus imbricaria

Shingle oak

Quercus macrocarpa

Bur oak

Quercus muehlenbergii

Chickapin oak

Quercus robur

English oak

Quercus rubra

Red oak

Quercus velutina

Black oak

Syringa reticulate

Japanese tree lilac

Taxodium distichum

Bald cypress

Tilia americana

American linden

Tilia cordata var.

Littleleaf linden

Tilia europaea

European linden

Tilia vulgaris

Common linden

Tilia tomentosa

Sterling silver linden

Ulmus var.

Elm (newer hybrids)

Zelkova serrata

Japanese zelkova

(B) Understory Trees. The recommended plant materials for understory trees, defined as trees with mature heights less than 10 feet, are listed below, with the following provisions:

(1) Certain species may not be recommended from time to time due to current biological threats or other recognized industry practices.

(2) No understory tree shall be planted within 30 feet of any structure or overhead utility line.

Table 9 – Recommended Plant Materials for Understory Trees 

Botanical Name

Common Name

Alnus glutinosa

European black alder

Amelanchier arborea

Downy serviceberry

Amelanchier canadensis

Shadblow serviceberry

Amelanchier grandiflora

Apple serviceberry

Amelanchier laevis

Allegheny serviceberry

Amelanchier sanguinea

Juneberry

Betula nigra var.

River birch

Betula platyphillis japonicum

Whitespire birch

Carpinus carolina

American hornbeam

Cercis canadensis

Eastern redbud

Corylus cornuta

Hazelnut

Crataegus crusgalli inermis

Thornless cockspur hawthorn

Crataegus phaenopyrum

Washington hawthorn

Crataegus viridis

Winter King hawthorn

Hamamelis virginiana

Common witch hazel

Magnolia x loebneri “Merrill”

Merrill Loebner magnolia

Magnolia x soulangeana

Saucer magnolia

Magnolia stellata

Star magnolia

Malus “prairifire”

Prairiefire crab

Malus “red jewel”

Red jewel crab

Pyrus calleryana “Chanticleer”

Chanticleer pear

Syringa reticulate

Japanese tree lilac

(C) Street Trees. The recommended plant materials for street trees, defined as trees with mature heights between 30 and 50 feet, are listed below, with the following provisions:

(1) Certain species may not be recommended from time to time due to current biological threats or other recognized industry practices.

(2) No street tree shall be planted within 10 feet of any structure or overhead utility line.

Table 10 – Recommended Plant Materials for Street Trees 

Botanical Name

Common Name

Acer x freemanii

Autumn blaze or marmo

Acer pseudoplatanus

Sycamore maple

Acer saccharum

Sugar maple

Aesculus hippocastanum

Horse chestnut

Amelanchier sp.

Serviceberry

Carpinus caroliniana

American hornbeam

Carya ovata

Shagbark hickory

Celtis occidentalis

Hackberry

Cercidiphyllum japonicum

Katsura tree

Cladrastis kentukea

Yellowwood

Ginkgo biloba

Ginkgo (male only)

Gleditsia triacanthos inermis var.

Thornless honeylocust

Gymnocladus dioicus

Kentucky coffeetree

Ostrya virginiana

Ironwood

Pyrus calleryana “Chanticleer”

Chanticleer pear

Quercus alba

White oak

Quercus bicolor

Swamp white oak

Quercus coccinea

Scarlet oak

Quercus velutina

Black oak

Tilia americana

American linden

Tilia x euchlora “Redmond”

Redmond linden

Tilia tomentosa

Sterling silver linden

Zelkova serrata

Japanese zelkova

(D) Large Evergreen Trees. The recommended plant materials for large evergreen trees, defined as trees with mature heights greater than 30 feet, are listed below, with the following provisions:

(1) Certain species may not be recommended from time to time due to current biological threats or other recognized industry practices.

(2) No large evergreen tree shall be planted within 30 feet of any structure or overhead utility line.

Table 11 – Recommended Plant Materials for Large Evergreen Trees 

Botanical Name

Common Name

Abies concolor

White fir

Juniperus virginiana

Eastern red cedar

Picea abies

Norway spruce

Picea glauca

White spruce

Picea omorika

Serbian spruce

Picea pungens

Colorado green spruce

Picea p. “Glauca”

Colorado blue spruce

Pinus flexilus

Limber pine

Pinus ponderosa

Ponderosa pine

Pinus strobus

Eastern white pine

Pinus sylvestris

Scotch pine

Pseudotsuga menziesii

Douglas fir

Tsuga canadensis

Canadian hemlock

(E) Small Evergreen Trees. The recommended plant materials for small evergreen trees, defined as trees with mature heights less than 30 feet, are listed below, with the following provisions:

(1) Certain species may not be recommended from time to time due to current biological threats or other recognized industry practices.

(2) No small evergreen tree shall be planted within 10 feet of any structure or overhead utility line.

Table 12 – Recommended Plant Materials for Small Evergreen Trees 

Botanical Name

Common Name

Abies koreana

Korean fir

Ilex opaca

American holly

Ilex pedunculosa

Longstalk holly

Juniperus chinensis “Fairview”

Fairview Chinese juniper

Picea gluaca “Densata”

Black hills spruce

Pinus virginiana

Virginia pine

(F) Shrubs. The recommended plant materials for shrubs are listed below, with the provision that certain species may not be recommended from time to time due to current biological threats or other recognized industry practices.

Table 13 – Recommended Plant Materials for Shrubs 

Botanical Name

Common Name

Chaenomeles speciosa

Flowering quince

Forsythia spp.

Forsythia

Hamamelis virginiana

Witch hazel

Hydrangea arborescens

Smooth hydrangea

Hydrangea quercifolia

Oak leaf hydrangea

Itea virginica

Virginia sweetspire

Juniperus various

Juniper

Myrica pensylvanica

Bayberry

Philadelphus

Mock orange

Photinia aronia

Chokeberry

Rhus aromatica

Dwarf fragrant sumac

Rhus glabra

Smooth sumac

Rosa rugosa

Rugose or Japanese rose

Spirea various

Spirea

Syringa spp.

Lilac

Taxus spp.

Yew

Viburnum spp.

Viburnum

(G) Preservation Trees. The recommended plant materials for preservation trees are listed below, with the provision that certain species may not be recommended from time to time due to current biological threats or other recognized industry practices.

Table 14 – Recommended Plant Materials for Preservation Trees 

Botanical Name

Common Name

Aesculus species

Buckeye/horse chestnut

Acer rubrum

Red maple

Acer saccharum

Sugar maple

Carpinus caroliniana

Blue beech

Carya var.

Hickory

Celtis occidentalis

Hackberry

Gymnocladus dioicus

Kentucky coffeetree

Juglans nigra

Walnut

Ostrya virginiana

Ironwood

Platanus occidentalis

Sycamore

Quercus (all except palustris)

Oaks (all except pin oak)

Taxodium distchum

Bald cypress

Tilia americana

American linden

(H) Storm Water Detention/Retention Trees. The recommended plant materials for detention and retention ponds are listed below, with the provision that certain species may not be recommended from time to time due to current biological threats or other recognized industry practices.

Table 15 – Recommended Plant Materials for Detention Ponds 

Botanical Name

Common Name

Acer rubrum

Red maple

Acer saccharum

Sugar maple

Alnus glutinosa

European alder

Alnus rugosa

Speckled alder (native)

Betala nigra

River birch

Carpinus caroliniana

Blue beech

Carya ovata

Shagbark hickory

Crataegus crus-galli inermis

Thornless hawthorn

Gymnocladus dioicus

Kentucky coffeetree

Jaglans nigra

Black walnut

Platanus occidentalis

Sycamore

Quercus bicolor

Swamp white oak

Quercus rubra

Red oak

Taxodium disfichum

Bald cypress

(I) Unacceptable Trees and Shrubs. Unacceptable plant materials are listed below.

Table 16 – Unacceptable Trees and Shrubs 

Botanical Name

Common Name

Acer negundo

Box elder

Acer platanoides

Norway maple

Acer saccharinum

Silver maple

Ailanthus altissima

Tree-of-heaven

Betula papyrifera

White paper birch

Elaegnus angustifolia

Russian olive

Frangula alnus

Glossy buckthorn

Fraxinus spp.

Ash

Ginkgo biloba (female)

Female ginkgo

Koelreuteria bipinnata

Golden rain tree

Lonicera spp.

Honeysuckle

Maclura pomifera

Osage orange, hedge apple

Malus spp.

Apples, crabapples (unless otherwise noted)

Morus spp.

Mulberry

Pinus nigra

Austrian pine

Phellodendron amurense

Corktree

Populus spp.

Poplars, cottonwoods

Prunus spp.

Cherries, plums

Pyrus calleryana “Bradford”

Bradford pear

Quercus acutissima

Sawtooth oak

Quercus palustris

Pin oak

Robinia pseudoacacia

Black locust

Rhamnus spp.

Buckthorn

Salix spp.

Willows

Sorbus spp.

Mountain ash

Ulmus spp.

Elms (unless otherwise noted)

(J) Invasive Species. Plant materials identified as invasive species in Indiana are listed below.

Table 17 – Invasive Plant Species 

Botanical Name

Common Name

Acer platanoides

Norway maple

Ailanthus altissima

Tree-of-heaven

Alliaria petiolata

Garlic mustard

Alnus glutinosa

Black alder

Bromus inermis

Smooth brome

Cirsium arvense

Canada thistle

Euonymus alatus

Winged burning bush

Elaeagnus umbellata

Autumn olive

Euonymus fortunei

Purple winter creeper

Festuca elatio

Tall fescue

Glechoma hederacea

Creeping Charlie

Hesperis matronalis

Dame’s rocket

Humulus japonicus

Japanese hops

Lespedeza bicolor

Bicolor lespedeza

Lespedeza cuneata

Sericea lespedeza

Ligustrum vulgare

Common privet

Lonicera spp.

Bush honeysuckle

Lysimachia nummularia

Creeping Jenny

Lythrum salicaria L.

Purple loosestrife

Melilotus alba and M. officinalis

Sweet clover

Microstegium vimineum

Japanese stilt grass

Miscanthus sinensis

Maiden grass

Morus alba

White mulberry

Ornithogalum umbellatum

Star of Bethlehem

Phalaris arundinacea

Reed canary grass

Phragmites australis

Common reed grass

Polygonum cuspidatum

Japanese knotweed

Pueraria spp.

Kudzu

Robinia pseudoacacia

Black locust

Rosa multiflora

Multiflora rose

Viburnum opulus v. opulus

Highbush cranberry

Vinca minor

Periwinkle

[Ord. 1659 § 1, 2017].