HomeMy WebLinkAbout2016-OR-67 R OU(. V es �- /' a
BEFORE THE COMMON COUNCIL FOR CITY OF JEFFERSONVILLE
STATE OF INDIANA
ORDINANCE NO. 2016-OR-�
AN ORDINANCE ESTABLISHING A LANDSCAPING FEE IN LIEU PROGRAM
WHEREAS, the City of Jeffersonville has adopted minimum development standards
requiring landscaping at new developments, and
WHEREAS, occasionally a developer will request a waiver from installing a portion of
the required landscaping, especially trees, for various reasons including, significant site
constraints, blocking of views, maintenance issues, etc., and
WHEREAS, whenever a waiver is granted, the City loses an opportunity to increase the
tree canopy and/or reduce the heat island effect caused by development that includes limited
landscaping, and
WHEREAS, the implementation of a fee in lieu of landscaping program would allow the
City to mitigate these issues by collecting funds that can be used to plant trees and/or install
landscaping in other appropriate areas of the City where it is needed and desired; and
WHEREAS, the Jeffersonville Department of Planning and Zoning has studied this
matter in effort to determine criteria for granting a landscaping waiver, the fee structures and the
mechanisms for spending the in lieu funds, and
WHEREAS, the Jeffersonville Planning Commission has recommended the adoption
and implementation of the fee in lieu of landscaping consistent with the terms herein;
NOW, THEREFORE, BE IT ORDAINED by the Common Council of the City of
Jeffersonville that the Fee in Lieu of Landscaping ordinance is hereby adopted as follows:
Section 1: Purpose
The purpose of the fee in lieu of landscaping waiver program is to adequately provide an
alternative mechanism for developers to meet the development standards by paying a fee in lieu
of constructing a portion of the required landscaping associated with new development and/or
redevelopment of parcels within the City of Jeffersonville while still supporting the benefits that
are provided to the City by trees and landscaping.
Section 2. Administration
The Jeffersonville Department of Planning and Zoning shall administer the fee in lieu of
landscaping program. Any developers seeking eligibility shall make application with the
Department of Planning and Zoning.
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Section 3. Eligibility
Eligibility for the fee in lieu of landscaping waiver shall be determined by the Director of
Planning & Zoning. Such eligibility shall be relayed to the Planning Commission at the time of
any necessary development plan review. The following criteria shall be used to determine
eligibility.
1. The trees/landscaping to be waived do not exist along a primary arterial or other
street where specific landscaping standards have been approved for consistency
along the corridor.
2. The trees/landscaping to be waived do not exist along a primary sidewalk where the
lack of landscaping would significantly reduce walkability
3. The landscaping to be waived is not required for some other significant purpose such
as screening undesirable views (mechanical, electrical, large blank walls, etc.),
stormwater detention, erosion control, etc.
4. The landscaping to be waived is not more than 50% of any component of the
landscaping required by the development code (e.g. no more than 50% of the
required deciduous trees) AND no more than 25% of the total landscaping required
for the site. All landscape plans must maintain a minimum of 75% of the total
required landscape.
5. At buffer yards, no more than 25% of the required landscaping may be removed. The
required setback or fencing/screening requirements may not be reduced by this
waiver program.
Section 4. Approval
Approval of a Landscape Fee in Lieu application shall be granted by the Plan
Commission at the time of development plan review.
Section 5. Fee Determination and Payment
In the event that the Plan Commission grants a fee in lieu of landscaping waiver and, if
necessary, such development plan is approved by the Planning Commission, the developer
shall be charged a fee based on the schedule set forth in Exhibit "A." Applicants will agree to
pay the fee following approval of the site plan by either the Director or Planning or, if necessary,
the Planning Commission. Fees must be paid in full prior to the Building Commissioner issuing a
Certificate of Occupancy. The in lieu fee schedule is attached as Exhibit "A"
Section 6. Non Reverting Fund
The fees collected shall be deposited into the Planning and Place-Making Non-reverting
Fund and be earmarked for landscape improvements throughout the City.
Section 7. Expenditure of Funds
Funds collected from the Fee in Lieu of Landscape program shall be used primarily for
the planting of trees and provision of landscape screening or other landscape elements such as
gardens, swales, trail plantings, signage enhancements, etc. throughout the City. Preference for
the use of funds shall be given to:
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I. Planting of new trees or landscaping/beautification projects on City owned
property or within the public right-of-way
II. Planting of new trees or landscaping/beautification projects on non-City owned
public property (such as libraries, schools, government buildings, etc.)
III. Planting of new trees or landscaping/beautification projects on property owned by
a non-profit organization or a quasi-governmental entity (e.g. redevelopment
authority, housing authority, special district, etc.)
IV. Planting of new trees on private residential properties in order to shade City
sidewalks.
Such funds may be expended by the filing of a proper claim in issuance of a warrant for
payment by the Fiscal Office after appropriation by the Common Council for the City of
Jeffersonville.
This Ordinance shall be in full force and effect from and after its passage by the Common
Council and approval by the Mayor.
SO ORDAINED this day of � Q 2016.
COMMON COUNCIL OF THE
CITY F JEFFERSONVILLE, INDIANA
By:
Matt O en, dent
A ST:
Vicki Conlin, Clerk
Presented by me as Clerk to the Mayor of City of Jeffers \ville this
day of `VLcA%a , 2016.
Vicki Conlin, Clerk
This Ordinance approved and signed by me this LL day of T1 , 2016,
Mike Moore, Mayor
Exhibit "A"
Fee schedule for Landscape Waiver
Item Fee
Deciduous Tree $175 ea.
Evergreen Tree $175 ea.
Flowering Ornamental Tree $125 ea.
Foundation Planting $30 ea.
Parking lot screening $10 / linear foot
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