1. Individual lots of record that are used for single-family or two-family dwellings are subject only to the on-lot landscaping requirements, and only when a vacant lot is developed, or when a lot is redeveloped. This exception does not extinguish any requirements, conditions, or covenants associated with development approval of any lot or subdivision.
2. Sites which are proposed for redevelopment or substantial improvement, where due to the geometry of the site or existing improvements, installation of landscaping in full compliance with this Article would be impracticable or an unreasonable financial burden on the applicant, in which case the City may approve a lesser landscaping requirement, provided that the reduction of landscaping standards is only to the extent necessary to make the installation practicable or financially reasonable.

1. The landscape requirements of this Article are computed as provided in this Section.
2. Landscaping for yards, open space, parking, and bufferyards is specified in three layers of plant material:
   1. Large trees (mature height over 25 feet) at the upper level (or overstory);
   2. Small trees and medium to large shrubs (mature height from 3 feet to 25 feet) at the middle level (or understory); and
   3. Herbaceous perennials, grasses and small shrubs (mature height 3 inches to 3 feet) at the lower level (or groundcover). See Figure 10.202, Landscaping Layers.

1. On-lot landscaping, which is controlled by Section 10.301, On-Lot Landscaping.
2. Landscaping within the areas of required bufferyards, which is controlled by Division 10.400, Bufferyard Requirements.

1. Are interior to a site and have fewer than 15 parking spaces; or
2. Require five or fewer canopy trees. See Figure 10.304, Small Parking Lot Landscaping.

1. Table 10.403, District Boundary Bufferyard Standards, sets out the classification of bufferyard that is required between zoning districts that are not separated by a public street. The table is a matrix in which all districts are shown. Rows show the zoning of the parcel proposed for development, and columns show the zoning of the adjoining land. The grey cells indicate where both properties have the same zoning classification. Two letters are shown for each condition (for example, A and C). The bufferyard required for the proposed use is listed first. The letter listed second is the buffer that is required on the adjoining property. A “-“ means that no bufferyard is required. 

1. The Planning Director verifies that the existing fence or wall is sturdy and in good condition;
2. The height, opacity, and extent of the fence or wall meets the intent of this Article with regard to buffering;
3. The applicant records an agreement with the City that includes appropriate assurances that if the fence or wall deteriorates, or is damaged, destroyed, or removed, the applicant will cause it to be repaired or replaced with a fence or wall that meets the standards of this Article;
4. The applicant's final plat or, if no plat is required, development approval, includes an annotation regarding the applicant's responsibilities under the agreement required by C3 above.

1. width: 25 feet
2. Large trees: two per 100 linear feet
3. Small trees: two per 100 linear feet
4. Other: A three-foot high opaque wall or fence; or a three-foot high dense hedge; or a three-foot high berm.

1. First, Class A bufferyards may be reduced from 10 feet in width to 4 feet in width, provided that a five foot high opaque wall is provided with a one foot high hedge (at planting) installed along its outer face, and small trees are planted (on either side of the wall) along the bufferyard, regularly spaced 25 feet on-center. Notwithstanding the permitted reduction, small trees shall be planted so that they have a four-foot radius of permeable soil at their base.
2. Second, Class B bufferyards may be reduced from 15 feet in width to 5 feet in width, provided that a 6 foot high opaque wall is provided with a one foot high hedge (at planting) installed along its outer face, and small trees are planted (on either side of the fence) along the bufferyard, regularly spaced 25 feet on-center. Notwithstanding the permitted reduction, small trees shall be planted so that they have a four-foot radius of permeable soil at their base.
3. Third, Class C bufferyards may be reduced from 25 feet to 18 feet in width, provided that they include all of the plantings that are required of a Class C bufferyard.

1. Landscape plans containing street trees and open spaces shall be submitted for approval at the primary plat application stage.
2. Landscape plans containing site features, bufferyards and required landscaping shall be submitted for approval at the building permit stage.

Generally. In the alternative to the bufferyards set out in Section 10.403. District Bufferyard Standards, an applicant may use this Bufferyard Model to establish a bufferyard with comparable opacity. The bufferyard model computes the opacity of bufferyards based on user-defined width; plant unit type; numbers of plant units per 100 linear feet of bufferyard; the presence of, and height of, berms; and the presence of, opacity of, location of, and height of fences and walls.

Approval of Modeled Bufferyards. Alternative bufferyards developed using this Bufferyard Model shall be approved if it is demonstrated that:

1. Opacity. The opacity of proposed bufferyards that apply the bufferyard model shall be at least that which is required by this UDO.
2. Width.
   1. The width of the proposed bufferyard shall be not less than 10 feet, and shall be reduced by not more than 5 feet from the narrowest bufferyard of the same opacity described in Table 10.403.  District Bufferyard Standards, unless the site is constrained as defined in Section 10.407, Constrained Sites. If a bufferyard width is mandated by a limited or special use standard, no reductions from the specified width are permitted unless authorized by a variance.
   2. The bufferyard model must show that the proposed bufferyard width is adequate, or a registered landscape architect shall certify that the plants selected for the bufferyard will fit in the proposed space at maturity without compromising their health, longevity, or stability.
3. Planting Requirements.  The planting requirements of the bufferyard model are measured on a per 100 linear feet basis. Planting requirements for bufferyards shall be calculated as set out in Section 10.402,  Bufferyard Classifications.

1. For publicly dedicated areas:

1. Recreational structures are permitted, such as courts for games, swimming pools, bridges for foot and bicycle crossings of steams. However, general recreation buildings and paved parking lots are not permitted in open space areas.
2. Detention structures are permitted.
3. Utilities may cross open space or use its edges.

1. As common land by homeowners', condominium, or landowners' associations, with a conservation easement in favor of the City and all property owners within the association;
2. By the landowner with a conservation easement in favor of the City;
3. By a public agency (by dedication), provided such agency shall have the final decision to accept and the right to refuse such offers of dedication; or
4. By a City-approved, private, non-profit organization that is capable of managing the open space with a conservation easement running in favor of the City and the owners of rest of the property in the development.

1. Trees with a DBH of less than 10 inches; 
2. Exempt trees; 
3. Single-family homes;
4. Twin homes;
5. Duplexes; and
6. Unimproved properties of less than one-half acre, unless subject to a landscape plan or conditions of approval related to tree protection.

1. No street trees other than those species identified by the City Tree Commission as small trees may be planted under or within five lateral feet of any underground water line, sewer line, transmission line or other utility.
2. The Tree Advisory Board shall have the authority to develop rules and regulations relating to the planting of trees with regard to spacing for curb and gutter and sidewalk.

1. On an unimproved lot or parcel, up to three non-exempt trees may be removed within a calendar year. However, if the lot or parcel contains more than one acre of tree canopy, up to three non-exempt trees per acre may be removed within the tree canopy within a calendar year.
2. No tree removal in excess of that permitted by subsection C.1., above is permitted unless:
   1. Approved by site plan or landscape plan approval; and
   2. Trees are replaced pursuant to subsection E.1. and E.2., below, or contributions to the tree fund are made pursuant to subsection E.3., below.
3. Notwithstanding the other requirements of this subsection, a person must remove within a reasonable period of time, and need not replace, a tree if:
   1. The person owns the property on which the tree is located;
   2. The tree cannot be saved; and
   3. Any of the following conditions are present:
      1. The tree causes a safety hazard to pedestrians or vehicular traffic;
      2. The tree causes a safety hazard to a building;
      3. The tree is diseased or substantially weakened.

1. Tree replacement shall be based on the below ratio for every non-exempt tree of 10” DBH or greater that is removed in excess of subsection C.1.
   1. 1 to 1 tree replacement to removal for trees that are at least 10 inches DBH, but less than 16 inches DBH;
   2. 2 to 1 tree replacement to removal for trees that are at least 16 inches DBH, but less than 24 inches DBH;
   3. 3 to 1 tree replacement to removal for trees that are at least 24 inches DBH, but less than 30 inches DBH; and
   4. 4 to 1 tree replacement to removal for trees that are at least 30 inches DBH.
2. Replacement trees shall be:
   1. Planted on the site from which trees were removed; or
   2. Planted on a site that is a subsequent phase of the same development; or
   3. Planted on another site in the City with the consent of the City.
3. In lieu of replacement, the applicant may pay the City $200 per replacement tree, which shall be deposited in the Tree Fund. See Section 10.605, Tree Fund. The maximum mandatory contributions to the Tree Fund shall be:
   1. For a developer: $10,000 per project;
   2. For a building contractor: One percent of the estimated cost of construction as indicated on the application for Building Permit; and
   3. For the City: $10,000 per project.

1. No cutting or filling, nor storage of building materials or debris, nor disposal of wastes, shall take place within the larger of the drip-line or critical root zone of any protected tree.
2. No impervious paving shall be placed within the critical root zone of any protected tree that is retained on the parcel proposed for development.
3. The larger of the drip-line or critical root zone of all protected trees shall be barricaded during construction to prevent damage to the trees and their roots by construction equipment.

1. Topping (cutting large vertical branches of the tree to reduce its height). See Figure 10.604.A.
2. Tipping (cutting branches between nodes). See Figure 10.604.B.
3. Bark ripping (cutting branches so that the bark rips when the branch falls). See Figure 10.604.C.
4. Flush cuts (cutting the branch too close to the collar, the area where the branch connects to the tree). See Figure 10.604.D.
5. Stub cuts (cutting branches too far away from the collar, the area where the branch connects to the tree). See Figure 10.604.E.

1. To be eligible for reimbursement the tree shall be: 
   1. visible from a public way;
   2. 2” caliper or greater; and
   3. a species approved by the Valparaiso Parks Department. 
2. Prior to purchasing a tree, the applicant shall complete a form as supplied by the Department of Parks and Recreation requesting reimbursement; 
3. Approval or denial of an application shall be based on compliance with requirements in subsection C.1., above, and on sufficient funds within the Tree Fund to remit reimbursement; 
4. After the tree has been planted, the Department of Parks and Recreation shall verify compliance with requirements in subsection C.1., above, and remit to the applicant 50 percent of the cost of such tree(s).
5. No applicant shall be reimbursed more than $100 per year.

1. Planting materials used by any person in conformance with provisions of this section shall be species that are expected to thrive in the climate of Northwest Indiana.
2. All landscaping material used by any person shall be installed in accordance with planting procedures which shall be established and made available by the City of Valparaiso Parks and Recreation Department.
3. The scale and nature of landscape material should conform at maturity to the site and structures. For example, larger scaled buildings should ordinarily be complemented by larger scaled plants.
4. Evergreens should be incorporated into the landscape treatment of a site, particularly in those areas where parking lots are otherwise required by law to be screened.

1. Plant materials shall be of good quality.
2. Large trees shall be 2.5 inch caliper at the time of planting.
3. Small trees shall be 1.5 inch caliper at the time of planting.
4. Evergreens shall be six feet tall at the time of planting.
5. Perennials, grasses ans small shrubs shall conform to the current issue of the American Standard for Nursery Stock published by the American Nursery & Landscape Association (ANLA), available via website www.anla.org..
6. All trees planted within parkways shall have single-stemmed trunks and be branched no lower than six feet above the ground (for visibility purposes). No tree selected for planting shall be less than 2.5 inches in caliper.

1. The landscape plan shall indicate the techniques that will be used during construction to preserve existing trees to be retained or relocated on site.
2. The following tree protection measures shall be required on all sites:
   1. Prior to construction activities, a sturdy fence or barrier should be erected around designated trees for protection at a minimum distance of one linear foot for every inch of DBH. No machinery, tools, chemicals, or temporary soil deposits may be permitted within this area. 
   2. Tunneling shall be used for utility placement in all areas where trees are to be preserved. If trenches must be used, they should be planned for minimal root damage.
   3. Soil grading around preserved trees shall be avoided. A depth of no more than six inches of soil may be placed over tree roots within the protected area, nor shall soil be graded away. 

1. Scaled illustrations that demonstrate how the proposed landscape plan will achieve screening and aesthetic results that are comparable to what would be achieved through strict compliance with these regulations;
2. Narrative regarding the environmental benefits of the alternative landscape plan comparated to what would be achieved through strict compliance with these regulations.

1. No street or canopy trees shall be planted under or within 10 lateral feet of any overhead utility wire.
2. No trees, except street trees approved by the City, shall be planted over or within five lateral feet of any underground water line, sewer line, transmission line, or other utility.

1. Street trees shall be spaced from each other as provided in Section 10.305, Street Trees.
2. Evergreens and evergreen shrubs shall be planted with a 15 foot spacing to maximize their chance for survival.

1. Short-term maintenance is maintenance that is needed for the first two years after planting to ensure trees get sufficient water and other care and that areas of groundcover are kept free of weeds or other material that prevent it from stabilizing. In natural areas, this may require intensive initial care to keep out invasive species.
2. The long-term maintenance program shall set out the type and frequency of care, such as mowing, watering, applying fertilizer, and periodic work in natural areas.