All new developments in the city limits must meet certain requirements that are outlined in the Zoning ordinance and the Subdivision Control Ordinance of the city. Recreational space shall be provided to serve all proposed residential developments to meet the recreational needs to the residents of the development. In addition, existing shade trees will be retained or new trees planted along all public streets in accordance with the standards and specifications of the city. Street trees are to be planted every 40' in the right of way for residential developments and 50' along the right of way for non-residential developments. When reviewing developments, both the recreational requirements as well as the street tree requirements are examined.
Tree Protection Policy
If the development is residential in nature but not a subdivision (apartment complex, mobile home park, etc.) then the Zoning Ordinance applies. Recreational space shall be provided at a minimum of 750 square feet per dwelling unit. Developers have three options:
1) Provide private recreation facilities
2) Donate and dedicate recreation areas and facilities within the subdivided land, for a public park.
3) Make in lieu of payments.
For more information on all of these options, consult the online City Code
If the development is a Subdivision, then the developer should review section # 155.025 of the Subdivision Control Ordinance. The acreage shall be determined by the Plan Commission from the table, which has been prepared on the basis of providing three acres of recreational area for every 100 dwelling units, and may be waived if the total required recreational space is less than 10,000 square feet. Said ratio shall be applied to all sections of a subdivision, and to the combination of all sections of a subdivision. Please click here for the link to the entire section that explains all the requirements in detail.
Subdivision Recreation Space
In order to satisfy the Subdivision Control Ordinance, the developer may donate and dedicate grounds for public park development, may establish private recreational facilities, or may pay appropriate in lieu of fees. The developer has three options:
1) Private recreational facilities
2) Park land donation & dedication
3) In lieu of payment
For more information on all of these options, consult the online City Code
FOR DEVELOPERS POLICY STATEMENT AND PROCEDURE
Approved by the Fort Wayne Board of Park Commissioners
This street tree policy applies to developers of plats and subdivisions in the City of Fort Wayne for residential, commercial, and industrial property.
As stated in the City of Fort Wayne, Indiana Code of Ordinances, all developments within the City of Fort Wayne shall conform to the Zoning Code and the Subdivision Control Ordinance (157.061) Further, 157.120 (G) (9) (c) states, "Existing shade trees shall be retained or new trees planted along all public streets in accordance with the standards and specifications of the city." Other ordinances outlining street tree specifications are: 155.041, 99.140, 99.141, and 99.142.
The enforcement and penalties associated with Chapter 157 of the Code of Ordinances are outlined in 157.225 and 157.226.
1. Submittal requirements
A. Primary Submittals:
I. The location of existing tree cover to be removed;
II.The location of existing tree cover that is to be retained:
III.Potential locations of all new trees taking into account requirements of the design standards.
B. Secondary Submittals:
I) Existing tree protected zones, including the methods to be used to protect such trees:
II) Existing trees, species, variety and size. Show only the locations of trees larger than 3" DBH (Diameter at Breast Height).
III) Proposed location of all new trees.
It is understood that amendments to this plan may be required as development proceeds. Field amendments may be made to accommodate driveways, adjustments for utilities, and other elements that may result in a reduction of the trees to be planted. Field amendments may also be made to adjust for the destruction of tree masses marked for preservation, resulting in an increase in the number of trees to be planted. Approvals are based on the concept that as many trees as possible should be provided within the confines of the design standards. Refer to the Tree Management Plan adopted March 27, 1996 for specific information. For a copy of the plan, call Alec Johnson at 260.427.6425
2. Plan Approval
The Fort Wayne Parks and Recreation Department will recommend approval of a secondary subdivision plat when a secondary street tree plan has been approved and financing arrangements secured via one of the options listed in #5.
3. Cost Estimates
The developer or the developer's representative will need to determine with the Park Arborist the appropriate amount of funds required for street trees. The amount will be based on the number of 2" caliper street trees needed for the required spacing, and the unit price established by the Fort Wayne Parks and Recreation Department.
Unit prices will be reviewed no less than yearly, and adjusted as needed. The current unit price as of 8/17/2000 is $200.
4. Guarantee of Tree Plantings
Unlike other infrastructure improvements, street trees are more susceptible to damage during lot construction. For this reason it is mandatory to ensure that street tree plantings are scheduled in a manner that minimizes the potential for damage.
The developer shall have the following options available for compliance:
A. The developer may pay the entire estimated costs for street trees in a lump sum to the Fort Wayne Parks and Recreation Department.
B. The developer may establish a payment procedure with the Fort Wayne Park and Recreation Department that allows for partial payment and provide a surety bond for the balance.
The developer and the Fort Wayne Parks and Recreation Department would establish a time payment schedule that provides for:
I) An initial payment or deposit;
II) A time schedule for installment payments and minimum amounts which may include balloon payments, if acceptable to both parties; and
III) Provisions to provide a surety bond or other acceptable instrument/s for the remainder of the total amount, and a time schedule for completion of payments. All funds would be deposited in a trust fund account set-up and managed by the Fort Wayne Parks and Recreation Department. Time payments could be scheduled for up to one year after the plat has been recorded, providing that the developer posts sufficient surety acceptable to the Fort Wayne Parks and Recreation Department.
The one year time payment option may be renewed for an additional year, up to a maximum of four (4) times if agreeable to both parties. In no case shall time payments extend beyond five (5) years from the date of plat recordation.
Once 50% of the subdivision lots have been developed, or five (5) years from the date of plat recordation, whichever comes first, the Fort Wayne Park and Recreation Department will schedule the subdivision for tree plantings. The department shall plant trees in accord with applicable standards.
The Fort Wayne Parks and Recreation Department will make necessary street tree replacements with any funds left in the trust after the trees have been planted. Replacements will be limited to the funds that are available.
C. The Developer may be responsible for the purchasing/planting of the street trees. If he or she chooses this option, a performance bond or a letter of credit at a financial institution is to be secured for the entire cost based on $200 per street tree (2000 rate). The performance bond or letter of credit needs to be set-up for a two-year period renewable for an additional year as necessary until all the street trees are planted and inspected. Park & Recreation Department specifications will be given to the developer if this option is chosen. These specifications will be the criteria upon which the inspection by the City Arborist is based.
I. Any permits for work in the right-of-way (check with the City Right of Way Department) or any other such permits as they pertain to the planting of street trees are the responsibility of the developer.
II. Since there are two planting seasons (March-May 15 and October 15 until the ground freezes) the planting should be done during one of these time periods and only adjacent to lots where the building is completed, and the chance of damaging the trees is minimized. If only 20% of the lots contain buildings and one of the planting seasons is reached, then the trees adjacent to these lots should be planted.
III. It is the Developer's responsibility to contact the Fort Wayne Parks and Recreation Department as the street trees are planted. An inspection will then be scheduled by the City Arborist. If the street trees have been installed correctly (species, size, location, etc. according to the specifications the developer received from the City Arborist) and all street trees are living at the time of inspection, the Developer needs to guarantee the trees for one year. The Developer covers the cost of replacement for the first year after planting except in cases of vandalism. One year after the street trees have been planted, the appropriate portion of the bond or letter of credit will then be released. If all street trees are planted at one time and a satisfactory inspection is made by the City Arborist, then the entire bond or letter of credit will be released one year after the trees have been planted. Prior to this time, the developer is responsible for the cost of replacement except in cases of vandalism.
IV. If there are problems noticed during the inspection, a written report will be given to the Developer and after corrections and a satisfactory follow-up inspection is made, the entire bond or letter of credit (or the appropriate percentage of the bond or letter of credit, whichever is applicable) will be released one year after the street trees have been planted. Prior to this time, the developer is responsible for the cost of replacement except in cases of vandalism.
V. As the bond or letter of credit is released, the City of Fort Wayne Park and Recreation Department assumes all responsibility for maintenance/ownership of the street trees.
VI. If the Developer fails to meet our standards on a prior project, the Developer will not be eligible for this option and must use options A or B.
6. Other Street Tree Programs
Nothing contained herein shall prevent any lot owner in the new subdivision from participation in any other street tree program that may be offered and/or planting street trees with proper permits issued by the Fort Wayne parks and Recreation Department.
1) The letter of credit is to be addressed to the Board of Park Commissioners, 705 E. State Blvd., Fort Wayne, Indiana 46805.
2) The letter of credit should contain the credit number, the amount in US currency, and the expiration date.
3) The letter of credit should contain contact information for the financial institution.
For a copy of the Performance Bond requirements, please call Alec Johnson, 260.427.6425
If you have questions about any of the Park and Recreation Department planning requirements, please call Alec Johnson, 260.427.6425