Model Landscape Code

Appendix C – Definitions                                                                                                   Not Included
Appendix D–Landscape Tabulation Summary Standard Form .         Not Included
Appendix E – Certificate of Completion Document                                                         Not Included

Appendix F – Plant List Not Included

Appendix G – Landscape Design Standards Not Included
Appendix H – On-site Storm Water Design Standards Not Included

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Generalized Outline To

Chapter 17

Community Landscape Code

Landscaping, On-Storm water Management, Tree Preservation, Irrigation, Water Conservation

Section 17.1. Recitals, Purpose And Intent

A. Whereas the purpose of this Part is to provide minimum landscaping and on-site storm water management requirements

B. The (Municipal Council) has determined that the use of urban Best Management Practices such as on-site storm water management procedures

C. Further, the standards, requirements and administrative procedures of this Part seek establish city wide management of natural resources through the establishment of an administrative program properly staffed and managed to promote the preservation, protection and enhancement of nature’s unique features and resources with particular emphasis on the urban drainage system and its network of swales, settling basins and streams including forest canopy floor, open water resources and existing wetland patterns consistent with appropriate requirements of (Section 404 of the Clean Water Act) and the (National Environmental Policy Act.)

D. Lastly, landscape design standards contained within this

1) Minimal site landscaping, on-site storm water management, irrigation design, water conservation, tree preservation and tree planting are design principles consistent with protecting nature in this community.

a) Planted buffers, screens, landscape plantings, ground cover treatments, plant material installation and landscape maintenance standards will perpetuate community development, economic expansion and redevelopment of older neighborhoods toward sustainability and lower energy consumption.

b) On-site storm water management practices will reduce the volume of downstream water that must be managed at public expense by the maintenance, enlargement and repair of expensive underground catch basins, conveyance pipe, open ditches and large retention ponds.

c) Irrigation, water conservation principles and the use of re-claimed water contained within this ordinance also will work to reduce water waste and reuse storm water to minimize the consumption of potable water for landscape irrigation, outdoor cleaning and lawn sprinkling.

d) Tree preservation practices and replanting within lot development yards will conserve the urban forest canopy that provides many public services that are critical in maintaining the quality of life traditional with this community.

E. Section 17 of the Unified Development Code, a section of the Municipal Code shall be known as “The Community Landscape Code”

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Section 17.2 Applicability of Landscape Requirements

A. The provisions of this Part shall apply to specific areas on real property known as planting areas within certain zoning districts of this community.

B.. Applicability of Landscaping and On-site Storm Water Management Provisions and design standards of this ordinance shall apply to all new development and redevelopment projects for which a (Zoning, Conditional Use Permit, Tree Removal or Building Permit) is required. This code shall apply to all land uses that disturb more than fifteen thousand (15,000) square feet) of land area, provided they are not part of a larger planned development.

C. Exemptions.

D. Waivers to Storm Water Management Requirement.

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Section. 17.3 Definitions

A. For the purpose of this Ordinance, definitions are contained throughout this document as hyper-links to describe the meaning of the terms used in this Part. They are also included within Appendix C, and the Landscape Design, Irrigation and Tree Manual (LDIT Manual) for convenience.^2.

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Section 17.4 Landscape Design, Irrigation, and Storm Water Management Standards

A. The following areas of zoned lots and tracts of land defined by the (Planning Commission), and as seen in the Appendix B, Illustration no. 1-Landscape Design and On-site Storm Water Management Design Components attached, shall be designed, planted and maintained in accordance with commonly accepted site design practices and technical standards for landscaping, irrigation, water conservation, tree preservation and on-site storm water management

1). Developed Site Open Space.³

2). Street Yard

3). Buffer Yard.

5).Vehicular Use Area.

6).Vehicular Use Area Interior.

7).Vehicular Use Area Screens..

8).Street Wall or Foundation Wall.

9). Habitat Preservation Areas and Tree Protection Area.

10).On-site Storm Water Management Facilities.

a) Micro-detentions,

b) Planted buffers,

c) French drains, infiltration trenches,

d) Sand filters,

e) Grassed swales or vegetated ditches,

f) Parking lot detentions,

g) Porous paving,

h) Underground storage chambers,

i) Irrigation cisterns,

j) Retained natural wetlands,

k) Preserved forest floor,

l) Stream bank or riparian buffer.

11). Site Service Areas.

12). ADA Standards.

13). Stream Bank Buffers or Waterfront Yards

14). Irrigation Hydro-zones.

15). Water Conservation.

B. The following minor technical standards for aboricultural, horticultural, landscape installation, maintenance and plant material have been created

1). Landscape Installation.

2). Single Trunk Tree Standard.

3). Multi-trunk Tree Standard.

4). Shrub Size and Quality Standard.

5). Ground Cover and Vines Size and Quality Standards.

6). Evergreen Plant Material Standard.

7). Palm and Tropical Plant Material Standards.

8). Native Tree and Shrub Standard.

9). Prohibited and Nuisance Plants.

10). Bed Prep & Mulch Standard.

11). Drainage Provision Standard.

12). Staking Standard.

13). Trim Pruning Standard.

14). Irrigation and Watering Standard.

15). Planting Area Standard.

16). Landscape Best Management Practices (LBMP).

17). Wetland and Facultative Plants Standards.

_{18). Turf Grass and Installation Standard.}

_{19). Chemical Use.

20). Lawn Mowing.}

_{21).
Recycling, Composting and Forest Litter.}

_{22. Plant Material Standards.}

C. Plant Material Maintenance.

D. Native Tree Protection, Credit and Removal Standards:

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Section 17.5. Landscape, Irrigation, and Tree Preservation Plan Preparation.

All Building Permit applications shall describe the site to be developed or redeveloped and all proposed changes in regard to tree removal, storm water management, irrigation, water conservation and landscaping as described in Sec. 17.4.A of this Part.

A. All Building Permit applications covered by this landscape code shall be accompanied by landscape plans, details and specifications

B. Landscape plans shall include such landscape plan design criteria that may be required

C. Storm water Management Plan Required and Requirements for Storm Water Management Plan Approval

1) On-site storm water management plan required.

2) No (building permit or occupancy permit) shall be issued for any property until an approved on-site storm water management plan showing all proposed on-site storm water management facilities, artificial drainage systems and connections to public storm water conveyance systems or sanitary systems have been approved and accepted for that property, and a developer's agreement has been executed,

D. Tree Preservation Plan Required, Tree Protection and Requirements for Tree Removal Permit Approval.

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Section 17.6 Alternative Compliance

A. The landscape design standards contained in Section 17.4 are intended to encourage development, which is economically viable, aesthetically pleasing and environmentally sensitive. Project conditions associated with individual sites may justify approval of alternative methods of compliance when normal compliance is impractical or impossible.

B. Requests for alternative compliance will be accepted

C. A request for alternative compliance shall be submitted in writing

D. The (Director of Public Works) may grant alternative compliance to the storm water management requirements of this Part

E. In a situation where compliance with the provisions of this Part is not possible, and where the Director of Public Works indicates there is no feasible alternative for compliance the applicant shall apply to the (Municipal Council) for a waiver of this Chapter of the (Zoning Code).

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Section 17.7 Administrative Procedures, Permits and Inspections Requirements

A. Permits. Prior to any clearing of tracts of one (1) acre or more, the property owner shall obtain appropriate permits from the (Department of Public Works) and the (Landscape Administrator).

B. Tree Removal Permit

C. Building Permit and Certificate of Occupancy.

D. Approved Landscape Plans, along with a Tree Survey and Tree Preservation Plan, if required, as well as a copy of a Tree Removal Permit issued by the (Landscape Administrator) shall be submitted to the (Building Official) along with Building Plans when applying for a commercial Building Permit

E. Inspection of Storm Water Management Areas, Maintenance and Repair.

1) Maintenance of storm water facilities

2) Requirements are proscribed for the maintenance of storm water facilities

3) Right-of-Access.

4) Construction Inspection and Construction Inspection

5) Failure to Maintain Practices

F. Permitting:

G. Certification: Prior to issuance of a Certificate of Occupancy and release of any fiscal security that may be required, the Owner shall provide to the (Landscape Administrator), a Certificate of Completion Appendix E, prepared by the Landscape Architect who drew the landscape plans certifying that the project has been implemented in accordance with the approved plans and in compliance with the provisions of this ordinance.

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Section 17.8 Administrative Guidelines & (Design Manual)

A. The ( The Landscape Administrator ) shall publish design and administrative guidelines to this ( Chapter of the Zoning Code ) which will be referred to as The Landscape Design, Irrigation and Tree Manual (LDIT Manual).

1) Specific Design Criteria

For the purpose of this Ordinance, the following technical documents are incorporated by reference to be used as technical data and storm water design manuals for the design of storm water management facilities:

a.). The 2000 Maryland Storm water (Design Manual) Volumes I & II (Maryland Department of the Environment, April 2000) is incorporated by reference by (governing authority/agency) and shall serve as the official guide for storm water principles, methods, and practices.

b). USDA Natural Resources Conservation Service Maryland Conservation Practice Standard Pond Code 378 (January 2000). (State of MD)

c). State of Louisiana Department of Transportation and Development, Hydraulics Manual, 1987 or latest editions.

d). State of Louisiana Department of Environmental Quality, Louisiana's Nonpoint Source Management Plan, Vol 6. Office of Environmental Asscessment, 2000.

e). Office of Water, United States Environmental Protection Agency, national Menu of Best Management Practices for Storm Water Phase III.

2) Best Management Practices

The community shall adopt and make available recommended local non-structural storm water best management practices (BMP’s),and landscape best management practices (LBMP’s) that are suitable for implementation within the confines of the community landscape ordinance

3) Construction, Installation, Aboricultural and Horticulture Details .

B. Changes or modifications to the Landscape Standards contained in this Part shall be approved by majority vote of the ( Tree and Landscape Commission ), the ( Planning Commission ) and the (Municipal Council) following public hearings.

C. The Municipality through the (Inspection Division of the Department of Public Works) shall be authorized to collect a (one hundred ($100.00) dollar) application fee to cover processing charges of digital plans or a (one hundred and fifty ($150.00) dollar ) application fee to cover processing charges of conventionally drawn plans which shall be included in the total building permit fees as required for the implementation of this (Zoning Code).

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Section 17.9 Penalties for Violation of Part.

A.. Violation of this part shall be considered a misdemeanor.

B. Removal of any protected tree without a tree removal permit or failure to maintain plant materials, planting areas, irrigation systems or on-site storm water management facilities according to the specifications, regulations or in any Design Manuals incorporated by reference in to this Part shall constitute a violation of this Chapter of the ( Zoning Code).

C. Failure to comply with (Louisiana Horticulture Commission) laws in the preparation of landscape plans

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Section 17.10 Enforcement and Appeal.

A.     The (Building Official and City Attorney) shall enforce the requirements set forth in this Part

B.     The (Landscape Administrator) shall review each (Landscape Plan, Irrigation Plan, Tree Preservation Plan) and within ten (10) days from receipt of such plan either approve or issue a written denial.

C.     Any applicant whose Landscape Plan is rejected may appeal to the (Tree and Landscape Commission)

D.     Upon the receipt of an appeal, the (Tree and Landscape Commission) shall first hear the

E.      A decision of the ( Tree and Landscape Commission ) to affirm, modify or reverse a decision of the ( Building Official ) shall be in writing

F. A decision of the ( Tree and Landscape Commission ) may be appealed to the Zoning Code Board of Adjustment and then the (Municipal Council) according to procedures established in the (Municipal Code of the Municipality of ___________) and as state law requires.

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Section 17.11 Landscape Administrator, Staff and Tree and Landscape Commission

A. There is hereby created and established the (Office of Landscape And Forestry) that shall consist of a (Landscape Administrator) and (Municipal Arborist and Landscape Plan Reviewer/Inspector) and civil service office staff all of who shall oversee the urban forest, public gardens and natural resources of the community.

B. There is hereby created and established a (Tree and Landscape Commission) whose composition, powers, duties and compensation shall be developed by separate ordinance by the (Municipal Council).

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Section 17.12 Part Supplementary to Other Ordinances.

A. This part shall be supplemental to and not intended to interfere with, abrogate or annul any other ordinances, statute, provision of law or regulations designed to protect public property, street right-of-ways public landscapes, or zoned land or contained within the (Zoning Ordinance, City Code or Comprehensive Land Use Plan) of the Municipality.

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Section 17.13 Conflicts

A. Shall any part of this ordinance conflict with other ordinances, statute, provision of law or regulations of the (Municipality), the more restrictive provisions or higher standards shall control public lands or zoned land of this community.

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Section 17.14. Severability

A. Shall any part of this ordinance, any article, section, subsection, heading, point, phase, paragraph or sentence of this ordinance be judged invalid by a court of competent jurisdiction, or in conflict with national or state constitutions, the language in conflict shall be deemed null and void without nullifying the meaning and intent of this ordinance and shall not affect or invalidate the remainder of any article, section, subsection, heading, point, phase, paragraph or sentence of this ordinance.

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Section 17.15 Effective Date

A. Passed by vote of the ( Municipal Council of the City of Municipality/East Municipality Parish, Louisiana ) in session on (_______________, 2006______) with the following yea and nea votes.

Council District no. 1____________________Y/N___ Council District no. 2__________________ Y/N ___

Council District no. 3____________________Y/N___ Council District no. 4___________________Y/N ___

Council District no. 5____________________Y/N___ Council District no. 6___________________Y/N ___

Council District no. 7__________________Y/N___

This ordinance shall be known as Ordinance No._____________ “The Community Landscape Code” and become effective on ( ______________2006 ).

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Enrollment

_______________________________

This document shall be properly enrolled by the ( City Clerk of the City of Municipality/ Parish, Louisiana )

Appendix

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Appendix A- Landscape Design Manual                                          Not Included

Appendix B- Design Components and Storm Water BMP’s         Not Included

Appendix C- Definitions                                                                    Not Included

Appendix D- Landscape Tabulation Summary                                 Not Included

Appendix E- Certificate of Completion Standard Form                   Not Included

Appendix F- Plant List                                                                       Not Included

Appendix G- Landscape Design Standards               Not Included

Appendix H- On-site Storm Water Design Standards Not Included

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1.17.06 v.22

Abbey Associates, Inc.

Landscape Architects – Planners

Baton Rouge

,

Louisiana

70810

Model Landscape Code

Containing On-Site Storm Water Management Standards

State of Louisiana

Louisiana Department of Environmental Quality

Non-point Program

John James Clark, Administrator

Containing On-site Storm Water Management Standards

State of Louisiana

v. 22. December 17th, 2005

Outline To the Model Landscape Code (click on the link) Note 1.

Sec. 17.1. Recitals, Purpose & Inten

Section 17.1. Recitals, Purpose And Intent

Section 17.4 Landscape Design, Irrigation, and Storm Water Management Standards

v. 22. December 17^th, 2005

Outline To the Model Landscape Code (click on the link) Note ^1.