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HomeMy WebLinkAbout01-13-2011 Regular MeetingPublic Meeting Notice Committee: Tree Committee Date & Time: Thursday, January 13, 2010 at 3:00 p.m. Place: Delchamps Room 161 North Section Street Subject: See Posted Agenda Notice must be stamped, dated and initialed before posted on bulletin board. POSTED 1-11 -11 SIGNATURE Fairhope Tree Committee Agenda -January 13, 2011 3:00 p.m. in the Delchamps Room City Hall -161 N. Section St., Fairhope, AL • Discussion -ordinance revisions • Arbor Day -Jennifer, Sherry • Bishop/Boothe Road -Skip • 20 11 Chair and Vice-Chair Nomination/Elections The Tree Committee of the City of Fairhope met Thursday, January 13 , 2011 at 3 :00 PM at the City Administration Building, 161 N. Section Street. Present: Bobby Green, Chairman; Maria Gwynn , Rick Kingrea, City Council Representative , Skip Jones , Jennifer Fidler, Public Works Director and Horticulturist; and Paul Fontenot. Pandora Heathcoe , City Administrative Assistant took the minutes. Absent: Tom Ellis and Walt Bolton. The minutes of the November 17 , 2010 meeting were duly approved. Skip Jones moved to do this , Maria Gwynn 2 nd the motion and it carried unanimously It w as agreed the committee would work from a document of suggested ordinance changes (see attachment) provided by Councilman Kingrea. T hi s document is from a review by Council Member Kingrea, Mixon and C ity Administrator, Greg Mims . New Ordinance Language-Upon discussion , Rick Kingrea exp lained that the changes made to the ordinance make the Tree Committee an advisory committee, not an enforcing committee. Tut Wynne , City Attorne y came to the meeting to discuss the various languages within the new ordinance. Tut voiced his opinion that the City Council has the authority to set the limits of the ordinance to either Police Jurisdiction or corporate limits. He also stated that zoning is within the corporate limits , not Police Jurisdiction. He also posed the question would it open the City of Fairhope itself to potential lawsuits if the ordinance was either corporate limits or Police Jurisdiction? Tut did express however that he felt the Planning Director should be included in the approval process along with the City Horticulturists. Skip Jones moved to have the limits set to Police Jurisdiction , Maria Gwynn 2nd the motion and it carried unanimously 20.5-12 Definitions -C ity Horticulturist: Skip Jones moved to strike the sentence "Minimum qualifications shall include: Degree in Ornamental Horticulture and/or Urban Forestry certification plus a Landscape Architecture license or State-Certification in Landscape Design", Maria Gwynn 2nd the motion and it carried unanimou sly . (This sentence was already struck from the ordinance) 20.5-5 Special Provisions for City Properties and Utility Rights-of-Way: 20.5-9 Restitution: Rick Kingrea explained that restitution money wi ll be de signated within the City of Fairhope General Fund specifi cally for the planting of trees. Skip Jones motioned to have the restitution fund remo ved , Maria Gwynn 2nd the motion and it carried unanimously 20.5-13 Overstory Trees The word "however" should be added in the beginning of the second sentence to read: "Howe ver, other species that are recognized as suitable for this area may be used (if approved by the City Horticulturist) species native to coastal Alabama (Bald win, Escambia, and Mobile Counties) are preferred". Skip Jones motioned to have the word added , Maria Gwynn 2 nd the motion and it carried unanimously 1 20.5-14 Understory Trees The word "however" should be added in the beginning of the second sentence to read : "However, other species that are recognized as suitable for this area may be used (if approved by the City Horticulturist) species native to coastal Alabama (Baldwin, Escambia, and Mobile Counties) are preferred". Skip Jones motioned to have the word added, Maria Gwynn 2nd the motion and it carried unanimously 20.5-15 Evergreen Plantings The word "however" should be added in the beginning of the second sentence to read: "However, these species may be used in buffer zone landscaping. Other species that are recognized as suitable for this area may be used if approved by the City Horticulturist. Skip Jones motioned to have the word added , Maria Gwynn 2nd the motion and it carried unanimously 20.5.2-4 Duties and Powers After discussion as to continued viability of the Tree Committee: Keep the two (2) paragraphs struck out in red. Skip Jones motioned to have the paragraphs kept, Maria Gwynn 2nd the motion and it carried unanimously. Grants -Skip Jones reported that no progress has been made concerning grants which were going to be applied for to construct sidewalks on Bishop Road. He feels that Charlene Lee and Wendy Allen of Smart Coast are concentrating on sidewalks for the intermediate school and not for Bishop Road. He spoke to the Fairhope Single Tax Colony concerning donating money for the Bishop Road sidewalks , however was told the FSTC could not contribute at this time. Arbor Day-Jennifer Fidler reported that 2011 Arbor Day has been scheduled for Saturday , February 19 th . She is going to try to move the festivities from in front of Centennial Hall over to the new Medical and Nursing Building area. Only one nomination for Beautification Awards has been submitted. The BW drive around has been scheduled for Wednesday, January 26 th at 2:00 p.m. beginning from City Hall. Paul Fontenot suggested that when presenting the awards a picture slide show be shown so people can see the buildings who are receiving the awards. He told the committee that he could assist with this presentation. Jennifer also asked for suggestions on education seminars to show at Arbor Day . She felt that possibly a Tree Trail walk about could be held. She also thought about involving the Environmental Committee in with a Formosa terminate seminar. 2011 Nominations & Elections -It was decided that since several members were not present, the nominations and elections for new officers should be postponed until the spring meeting. Date for the spring meeting has not been determined yet. New Business -There was no new business to discuss. There being no further business , the meeting was dul y adjourned at 5:45 p.m. 2 The Tree Committee of the City of Fairhope met Wednesday, November 17, 2010 at 3:00 PM at the City Administration Building, 161 N. Section Street. Present: Bobby Green, Chairman; Vice Chairman Members: Rick Kingrea, City Council Representative , Skip Jones , Jennifer Fidler, Public Works Director and Horticulturist; Maria Gwynn, Walt Bolton andPaul Fontenot. Pandora Heathcoe , City Administrative Assistant took the minutes . Absent: Tom Ellis. - The minutes of the July 29 , 2010 meeting were duly approved. Skip Jones moved to do this , Maria Gwynn 2nd the motion and it carried unanimously New Ordinance Language-Tut Wynn , City Attorney came to the meeting to discuss the various languages within the new ordinance . Tut voiced his concerns over the language in the "fines and fees " section of the ordinance . He feels the wording within "Fines and Penalties" should include "in a case that is going to court, the restitution amount would be determined by the City Court." Tut said the Alabama League of Municipalities recommends the ordinance be part of the Planning and Zoning , however Tut felt it could be included in the Police Power (Jurisdiction). Tut also explained that each case would go to court and the City Judge would set the fines /penalties and restitution . Any appeals from municipal court would then go to the Court of Appeals. Tut said that the City of Mobile got a special legislative act from the State of Alabama for their tree ordinance. Discussion followed that perhaps Fairhope consider asking for legislative act sometime in the future . Maria Gwynn will revise the ordinance to reflect the language changes within "Fines and Penalties ", double-check with Tut, and resubmit to Lisa Hanks, City Clerk to be included in the next City Council meeting agenda in December. Rick then said he would introduce the ordinance at that meeting for possible voting at first Council meeting of 2011. Grants -Skip Jones spoke concerning grants which were going to be applied for to construct sidewalks on Bishop Road. He feels that Ms. Stacy McKean, Premier Grants Consulting, LLC , along with Charlene Lee and Wendy Allen of Smart Coast are concentrating on sidewalks behind the elementary school and not for Bishop Road. He spoke to the Fairhope Single Tax Colony concerning donating money for the Bishop Road sidewalks, however was told the FSTC could not contribute at this time. Jennifer Fidler reported that the two grants for tree planting which were applied for were not received. New Business -There was no new business to discuss . There being no further business , the meeting was duly adjourned at 4 :00 p.m. 1 Beautification Awards-February 27 1 '\ 2010 (Arbor Day) Villa Decor 306 Fairhope Avenue "Extraordinary renovation of existing building using attractive faf;ade and roof'' Raja Health Spa 59 North Section Street "Attractive addition to Downtown Fairhope through renovation of existing building" Kennedy Place 308 Magnolia Avenue "Best new Construction in Downtown 2009" Fairhope Pediatrics 19087-B South Greeno Road "Best use of traditional elements in building's architectural detailing" Windmill Market 85 North Bancroft Avenue "Best demonstration of sustainability through design and construction" CK Collection 326 Fairhope Avenue "Best Exterior Renovation and Expansion of Downtown Building" BEAUTIFICATION AWARDS-2009 ARBOR DAY AWARD WALCOTT, ADAMS & VERNUILLE, ARCIDTECTS 1 SCHOOL STREET "FOR BUILDING DESIGN CONSISTENT WITH FAIRHOPE'S HISTORIC ARCIDTECTURE AND FOR PRESERVATION OF EXISTING TREES" EASTERN SHORE HEART CENTER DR. CRAIG R. PETERSON, M.D. 19725 SOUTH GREENO ROAD "FOR PROTECTING MANY EXISTING TREES AND INCORPORATING THEM fN A FINE NATURALISTIC LANDSCAPE DESIGN" JADE CONSULTING, LLC JINRIGHT & ASSOCIATES DEVELOPMENT ENGINEERS 206 GREENO ROAD "FOR HIGHLY IMAGINATIVE LANDSCAPING OF RUNOFF WATER RETENTION AREAS, USING WETLAND PLANTS" BEAUTIFICATION AW ARDS -2008 ARBOR DAY AW ARD WANDA AND MIKE DOBSON 311 MAGNOLIA AVENUE "FOR A VERY ATTRACTIVE MIXED-USE BUILDING WHICH ENHANCES THE FAIRHOPE CENTRAL BUSINESS DISTRICT AND SUPPORTS FAIRHOPE'S COMPREHENSIVE PLAN" JOHN BETHEA MCCULLOUGH OFFICE BUILDING 2 CHURCH STREET "FOR OUTSTANDING RENOVATION OF AN EXISTING CHURCH STREET BUILDING" FAIRHOPE MUSEUM OF HISTORY FAIRHOPE SINGLE TAX COLONY CORPORATION "FOR OUTSTANDING RENOVATION OF ONE OFF AIRHOPE'S MOST IMPORTANT HISTORIC BUILDINGS" COLONY NATURE PARK-HWY. 44 FAIRHOPE SINGLET AX COLONY CORPORATION "FOR GIVING THE PUBLIC AN IMPORTANT NATURE PARK, BEING RESTORE D WITH NATIVE TREES AND PLANTS " SU MMER LAKE SUBDIVISION DUCK, DUCK, GOOSE, INC. "FOR PROTECTION OF EXISTING TREES AND EMPHASIS ON NAT URAL FEATURES" THOMAS HOSPITAL THOMAS HOSPITAL EMPLOYEE PARKING LOT "FOR OUTSTANDING LANDSCAPE DESIGN WHICH PRESERVES EXISTING TREES AND USES PERVIOUS PAVING TO REDUCE STORM WATER RUNOFF" PELICAN SQUARE LOTTIE LANE "FOR ESPECIALLY ARTISTIC USE OF PLANTS TO ENHANCE AN ATTRACTIVE BUILDING" BANKTRUST BUILDING 236 N. GREENO ROAD "FOR ESPECIALLY GOOD USE OF PLANT MATERIALS TO ENHANCE A COMMERCIAL BUILDING" ORDINANCE NO. AN ORDINANCE TO PROVIDE FOR THE PUBLIC HEAL TH , SAFETY, WELFARE AND AESTHETIC BEAUTY OF THE CITY OF FAIRHOPE, ALABAMA KNOWN AS THE TREE ORDINANCE WIIlCH REPLACES AND REPEALS ORDINANCE NO. 1193 , ORDINANCE NO. 1223, AND ORDINANCE NO. 1351 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA , as follows: Chapter 20.5. TREES AND LANDSCAPING Sec. 20.5-1. Statement of Purpose. The purpose of this ord inance is to define landscaping regulations and protocols for the Ci ty of Fairhope. These requirements are for the purpose of protecting existing vegetation and encouraging the planting and maintenance of additional vegetation wi thin the Pel-iee Jtitiseielien corporate limit s of the City of Fairhope. Plants, particularly trees , benefit the city and its residents by supplying oxygen and absorbing carbon di oxide, by reducing soil erosion and storm water runoff, glare from vehicles, wind , heat , noise and other offensive conditions. Landscaping screens and buffers maintain and enhance the character of neighborhoods and generally create a safer, more attractive and more pleasant living and working environment for all residents of the Ci ty of Fairhope. Sec. 20.5-2. Establishment end Duties of the Fairhope Tree Committee. The Fairhope Tree Committee was etigina lly established per Oreinanee 747 one ameneee per Oreinanee 998 with the fo ll owing duties: • • • • • te Determine and make recommendation to the mayor and council on the needs of the municipality in connection with its tree planting program; te Recommend the type and kind of trees to be planted upon municipal streets , parks and other public places within the municipality; le Assist the mayor and council in the di ssemination of news and information regarding the protection, maintenance, removal and planting of trees on public property; !lflfr; where ret1t1e s1ee, B)' 1he ewner en pti~·01e preperty; le Meet with the city planning one 20 11ing commission and give advice in the formulation of said plan; le Recommend to the mayor and council which trees are considered unwant ed weed species and identify and recommend remova l of dead, dying, diseased or insect infested trees ; • te Examine trees proposed to be removed or destroyed upon private property, except on single family lot s; • te Make studies and report to the mayor and council with recommendations on matters concerning trees in the municipality as from time to time requested by the mayor and council. 1) Membership. The mayer, with tile eenetirrenee ef tile city council, shall appoint on this committee one (I) member of the council. The City Horticulturist and the mayor shall serve as advisory members. Tile term ef 11le eetineil member sl10ll ellpire en the eale 1h01 a newly eleetee eetineil shall lake effiee. In add ition , I-he rnByeF the co un ci l shall appoi nt, willl Ille eenetirrenee ef Ille eetinei l, eigh t (8) additional persons in the City of Fairhope; two of which shall be appointed for a one-year term, two (2) of which sha ll be appointed for two-year terms , and four (4) which sha ll be appointed for three-year terms . Following the initial appointment, all members shall be appointed to serve for a period of three (3) years and thereafter until their suc cessors are appointed and qualified . 2) Vacancies. Any vacancy in the membership sha ll be filled for the unexpired term in the same manner as the initial appointment. Ordinance No . Page -2 - 3) Meetings. The tree committee shall meet at least quarterly or more often as may be necessary to fulfill this ordinance. In addition, meetings may be called by the mayor, by the one (1) council member, th e c ha ir or vice chair, or by three (3) of the eight (8) other members , after givin g not less than five (5) business days notice of the date, time and place of the special meeting . 4) Duties and Powers. The duties and pow ers of th e Fairhope Tree Committee are as follows: • Make recommendations to the mayor and council on the city's tree and planting protection programs . • Provide publi c forums and educational outreach programs concerning city development and landscaping . • At tke req1c1est ef tke eity kertie1c1ltwist , re·,.iew site <k•relepmeAI plaAs aAd ed\·ise the eity kertie1c1ltwis1 regerdiAg tree preteetiefl eAd leAdseapiAg prier le site eleeriAg ef BH)' kiHEI. • At the Feq1c1est ef tke eit)' kertie1c1l1t1ris1 , re\·ie·,,· leHdseepe plans end eitl,er iss1c1e er def!)' eppFeval , eased 1c1peH g1c1ide liAe s ef tl,i s ehepter. • At the request of the C it y Horticulturist and th e Pl a nning and Building Director, review application s for tree pruning or removal perm.its on public property . • Suggest amendments and improvements to this chapter when deemed necessary. 5) Rules of Procedure. The Fairhope Tree Committee shall observe the fo ll owing procedures: Sec. 20.5-3 • Dec isions of the Fairhope Tree Committee will be based on a majority approval of five (5) ~ of the eight (8) appointed members . • The Fairhope Tree Committee shall elect one (!) of it s members as chairman and one member as vice chairman. Each shall serve for one (I) year or until he/she is re-elected or his/her successor is elected. • All meetings of the Fairhope Tree Committee shall be open to the public . • The Fairhope Tree Commi tt ee shall keep minutes of it s proceedings ske·wiflg the \'ete ef eeek member 1113eA q1c1estieAs , er if eesei,t , feilii,g te vele, iAElieeting s11eh feet, and shall keep records of its examinations and other official actions, a ll of which shall be filed immediately in the office of the city clerk and shall be public record. Planning Submission Steps for Approval I) Submission of a Landscape Site Pia 11. A landscape si-li! plan must be submitted for review and acceptance by eeth the City horticulturist and the Planning and Building Director er his /her e111heri2ed desigi,ee . A landscape site plan shall consist of the following : I) An inventory of all live trees greater than tw enty (20) inches in diameter at breast height (DBH) on a site shall be included in the site plan submitted to the City Horticulturist and the Planning and Building Director er his/her e111heri2ed desigAee so that the developer may be advised o n tree protection prior to site clearing or developme nt. Such trees will hereinafter be referred to as "Heritage trees". 2) A flll.l--landscape plan. Landscape plans must comply w ith the General Landscape Requirements in Section 20 .5.4 of this document. It is required that landscape plans be drawn by a licensed landscape architect or a state certified landscape designer. The landscape plan must be in printed and e lectronic form and shall include : 1. Date, scale, north arrow, title, and names and contact information for property ow ner(s), developer and land scape designer. • Location of ex isting boundary lines ; dimensions of building site; location of existing water courses; significant drainage features; existing and propo sed streets or alleys; existing or proposed utility easements on or adjacent to th e building site; road rights-of-way ; required setbacks ; Ordinance No . Page -3 - • location of proposed parking spaces; location of existing or proposed sidewalks . • The locations, species and DBH of ex isting, Heritage trees indicating those to be retained for credit and tho se to be removed , along with written justificati o n for removal of and any H eritage trees . Common name and botanica l name must both be included . The Heritage tree canopies mu st be shown to full dimension and sca le . • The location(s) and dimension(s) of the proposed landscape area including desc riptions and locations of new trees and plant materials to be placed within landscape area(s). • A tree protection plan, using written and graphic information, to show how the applicant proposes to preve nt damage to existing trees and other vegetation to be retained for credit. The plan also shall indicate measures to protect all trees, shrubs, and other landscape vegetation on adjacent public or private land that may be affected by the applicant's construction. Minimum requirements for such protection are described in section 20.5 .6 . This plan also shall indicate which, if any , Heritage trees (see section 20.5.13) must be pruned and specify the proposed extent of such pruning. • Statistics verifying that the rrurumum landscap in g percentages set forth under this ordinance are met. • Location, type and design of any proposed irrigation system(s). • Location and species of all existing buffer zone vegetation. • Locations, species, and sizes of all trees, shrubs, and other landscape vegetat ion (native and/or exoti c), on public right s-of-way adjacent to the develo pment. 2) Staff Review of th e Landscape Sile-Plan. The City Horticulturist and the Planning and Building D irector wi ll review the full landscape Stte plan as certified by the land scape architect/designer. If defici encies are found , the land scape architect/designer will be required to revise the plan . In cases of plan denial, a written explanation mu st be given by the City Horticulturi st and the Pl a nning and Building Direc tor. A revised plan may be resubmitt ed for evaluation and shall be reviewed according to the same p rocedures as the initial submi ss ion. The City Horticulturist and the Planning and Building Director wi ll normally have a period of seven (7) days to review the site plan and repl y to the developer in writing . If more than seven (7) days is required , the City Horticulturist a nd the Pl annin g and Building Director shall notify the d eveloper in writing and s pecify a definite period for completing the revi ew . The City Horticulturist, only, is empowered to make deci sions regarding tree remova l and pruning . Appeal of any deci s ion the City Horticulturi st makes is to the City of Fairhope Municipal Court. lti tl~e eK!eAded easeAee ef the eity he 11ieul!uri s1, hi s/her eutherized desi gAee Jftll)' make deei s im~s en l~i s/her aehalf. T he City Horticulturist and the Pl annin g and Building Director are empowered to consult with a Certified Arborist on large a nd complex site plans. If the City Horticulturist and th e Planning and Building Director deems necessary the developer may be required to present a tree prot ection plan from a Certified Arborist. 3) Presentation Of Staff Approved Landscape Site Plan to the Fairhope Planning Commission . Ordinance No. Page -4 - 20.5-4 When every requirement of Section 20.5.3 is met the developer may present hi s plan to the Fairhope Planning Commission. 4) Po st-Approval Requirem ents 1) A building permit will not be issued unless accompanied by a bef\-lliee Landscape Plan that has been approved by the City Horticulturist and th e Planning and Building Director. [See Section 20 .5-3(2)] 2) If proposed construction changes cause alteration in the landscape site p lan, a revised plan must be submitted to the C it y Horticulturist and the Planning a nd Building Director for reevaluation . 3) Once the approved landscape plan has b een implemented on the site, the City Horticulturist and the Pl anning and Building Director must be contacted for an on-site inspection. The City Horticulturist and th e Planning and Building Director normally shall have a period of five (5) working days to inspect the property and confirm that the landscape plan has been implemented properly. If more than five (5) days is required, the City Horticulturist and the Planning and Building Director shall notify the developer in writing of a specific date for completing the re-inspection . It will be the owner's responsibility to maintain and promote the growth to maturity of the landscape material. It will be the responsibility of the owner to notify landscape maintenance firms of those expectations. 4) Once the on-site approval has been completed, the property owner will be notified in writing and may apply for final plat approval or an occupancy permit. 5) An occupancy permit will not be issued until the submitted and approved landscape plan has been implemented . General Landscape Requirements. I) Applicability. All rules, regulations, and requirements set forth in this section are applicable to the following : • Any new development or construction , except single family r esidences and development or construction in the Centra l Business District (without off-street parking) that falls within the plaRfl:iRg jt1FisElie1i0R corpo rat e limits of the City of Fairhope. This includes all public use buildings (i.e. churches, seheel-s , clubs, etc .) as well as city and private property. • Any a lteration to an existing building or development, excluding single family residences, or construction which changes the amount of gross floor area of a structure or building on a lot by more than thirty (30) percent. The property which undergoes such an alteration shall be required to come into complete compliance with this chapter at that time. This includes all public use and buildings as well as city and private property. • Maintenance of plantings established previously under then-existing Fairhope Ordinances shall be continued as required in section 20 .5-4.12 e & f of this chapter. 2) Protection of Existing Trees. During development of a site, every effort must be made to protect and retain Heritage trees (see section 20 .5-6 . Tree Protection Requirements). Retained trees will be credited toward fulfillment of this chapter (see below). If the City Horticulturist determines that alternatives to tree removal exist , the landscape plan will be rejected. 3) Landscape Percentage Requireme11ts. • On any building site for which an application for a building permit is made, at least twenty (20) percent of the total property (not including right-of-way) shall be landscaped . • At least sixty (60) percent of this landscaping percenta ge requirement shall be located between the building walls and public right-of-ways. Ordinance No . Page -5 - 4) Required Landscaping Adjacent to Public Right-of-Way. • Front perimeter-except at permitted access ways, all interior development and vehicular use areas shall be separated from public right-of-way frontage by a landscaped strip of land at least ten (I 0) feet in width, adjacent and parallel to the right-of-way line. • Secondary perimeter-except at permitted access ways , all interior development and vehicular use area located at intersections of the public right-of-way shall be separated by a landscaped strip at least six (6) feet in width and parallel to the right-of-way line . • Land occupied by curbs and sidewalks shall not count toward required landscape areas. Vehicles shall not overhang more than two (2) feet onto landscaped areas. • The required landscape area between vehicle use area and public right-of-way shall be planted with a solid unbroken visual screen at least forty-eight (48) inches in height at planting, except for four (4) feet each side of permitted access ways. Where non-living material is used for screen, one shrub or vine at least thirty (30) inches in height at planting shall be required on the right-of- way side, for each ten (10) linear feet, or fraction thereof, of screen. 5) Perimeter Landscaping. The front setback must contain at least one (1) reeemmeRded required overstory tree for every thirty (30) feet of road frontage , or any portion thereof. These frontage trees must be planted within the first twenty- five (25) feet of the property line . 1n addition, the site must contain one ( 1) reeeffilfleRded required overstory tree for every thirty (30) feet ofremaining outside lot perimeter, or any portion thereof and one (1) reeemmeRded required overstory or understory tree for every twelve (12) parking spaces , or portion thereof. At least half of the required trees must be overstory trees. Trees may be chosen from section 20.5.13 (overstory) or section 20 .5.14 (understory). Other tree species may be used if approved by the City Horticulturist. 6) Interior Landscaping Requirements. Where accommodations are provided for parking of fifty (50) or more vehicles , interior landscape areas shall be provided , so located as to break the expanse of pavement and to guide traffic flow. The total area provided for interior landscaping shall be at least ten (I 0) percent of the total paved area for parking and access . Trees, shrubs , grass and other ground cover shall be planted in the same ratio as required in perimeter landscaping . 1) 1n addition to the foregoing , for parking lots designed to accommodate large volumes of parking such as shopping centers , the following requirements shall apply : 2) A continuous landscape strip of at least seven (7) feet in width at every fourth parking row, with solid protective curbing . Vehicles shall not overhang more than two (2) feet into landscaped areas. 3) No more than twelve (12) continuous parking spaces shall occur without an intervening planting strip at least seven (7) feet wide located adjacent and parallel to the parking spaces. 4) At least one (I) tree (of species listed in section 20.5.13 or 20.5.14) is required for every twelve (12) parking spaces within the parking lot. 5) Where fifty (50) or more vehicles are to be accommodated, solid, raised curbs shall be installed for protection of landscaped areas and to control traffic flow within the parking lot. Openings may be provided as required for pedestrian walks and passages . Alternative designs to aid storm water management (such as rain gardens) may be approved by the City Horticulturist and the Planning and Building Director. 6) To allow flexibility in tree preservation and landscape development and encourage innovative design, the City Horticulturist may approve alternative proposals . Such proposals must provide for landscaping at least ten ( I 0) percent of the total paved area for parking and access. Ordinance No . Page -6 - 7) To Promote Species Richness. A minimum of four (4) different tree species is req ui red on each s it e; at least one (I) speci es must be an overstory tree. 8) No Bare Ground Shall be Left Exposed. Pl ant materials , grass, or other approved gro und cover or mulch shall cover all non-p aved and non-built developed areas. At least fifty (50) percent of such cover mu st be li v in g vegetation. 9) Cross-Visibility. At the comer of each side of permitted points of access from public right-of-way, or at comers of intersecting streets, landscaping sha ll be so planted and maintained as to provide un o bstructed visibi li ty between the he ights of tw o and o ne-ha lf (2 1/2) feet and ten (I 0) feet within an area defined by cons tructing lines parallel to and tw ent y-five (25) feet from the point of int ersecti on of c urb lines proj ec ted . JO) Vehicular Use Areas. Vehicular use areas and areas not occupi ed by development , located adjacent to side or rear propert y lines, shall be separated from adj acent propert y by a strip of land at least five (5) feet in width , adjacent and parallel to the lot lin e . This strip shall be land sca ped and graded to receive rainfall run-off. Surface water run-off shall not be permitted to pass onto adjacent property . 11) Buffer Zone Landscaping. • In compatible land use buffers . On any comme rcial , industrial, planned unit dev e lopment (PUD) (as approved by th e c it y council) or multi-family development (except duplexes) adjacent to or abutting a res id ent ial zo ning di stri ct, a buffer strip along the incompatible property line(s) of th e d eveloping property is required . The buffer sha ll run the entire length of th e abutting lot line(s) and be at least ten (10) feet wide. Under no circumstances shall this buffer impair vehicular flow. The type of buffer may consist of any or all of the following: • An opaque fence not less than e ight (8) feet in height , with hori zo ntal or vert ica l openings not greater than three (3) inches per one (1) linear foot and a four-foot wide strip of Evergreen Plantin gs (section 20 .5 .15) which will grow to at lea st s ix (6) feet in height within three (3) full growing seasons on the inside of the fence, or; • A staggered doubl e row of Evergreen pl antings at least six (6) feet in width, and at lea st six (6) feet in height at th e time of plant ing . Pl ants shall be spaced in a manner to provi de a nearly impervious vis ual barrier. At no time should the plant s be pruned to a height bel ow six (6) feet. • Natural undi sturbed forest, which provides a nearly impervious vis ua l barrier due to the dense nature of th e plants and/or trees . If this optio n is chosen, the width of the bu ffer zone must be inc reased to twenty (20) fee t in width . The only permitted removals wi thin thi s buffer will be exotic invasive plants such as those li sted in the appendix. • Parking lot bu ffer zones . Paving sha ll not be placed closer than ten ( I 0) fee t to any property li ne . The property line shall be buffered with a landsca ped stri p of at least ten (10) feet in wi dth . Many properti es in the CBD are exempt from thi s requirement, du e to zero lot line development provisions in the Zoning Ordinance. Whenever an applicant for a building permit in the CBD chooses not to build a parking lot up to a property lin e a buffer shall be in sta ll ed . The Ci ty Horticulturi st and the Pl a nnin g and Building Director shall review and approve all parking lot buffer areas in the CBD . • Screening of storm wa ter detenti on/retention areas . Storm water detention/retention areas are here by dec lared to be incompatible uses and sha ll be screened from direct view from all abutting properties by installation and maintenance of living plants not less than those required in 20.5.4 .1 I.a & b., thirt y-s ix (36) inches in height at th e time of pl anting, to achieve a height of not Jess th an s ix (6) feet in three (3) years after planting . Outer slo pes of detenti o n shall not be steeper than fo ur (4) feet horizontal to one (I) foo t vertical. Where wa ter depth and time of detention is sufficient to require safety fencing, such Ordinance No. Page -7 - fencing shall be installed behind required screening, on the pond side. The C ity Horticulturi st and the Planning an d Building Director may waive all or part of thi s requirement for detention areas that are shallow (less than two (2) feet de ep) and maintained in permanent living grass cover. The City of Fairhope promotes the use of bio-retention ponds for water detention/retention areas . Requirements for fencing and screening are waived for qualified bio -retention areas approved by the City Horticulturist and the Planning and Building Director. 12) Planting Requirements. Any trees planted to meet th is ordinance must meet the American Standards for Nursery Stock and the following requirements : • Overstory trees must have an initial caliper diameter of at lea st two (2 .0) inches and mu st be at least ten (I 0) feet in height . • Understory trees must have an initial caliper diameter of at lea st one and half (1.5) inches and be at least eight (8) feet in height. • Multi-stemmed und erstory trees must be a minimum of eight (8) feet in height and must have at least three (3) stems; each with a minimum caliper diameter of three-fourths (3 /4) inches. A multi-stemmed tree only counts as one tree credit. • Trees must be obtained from a reputable source. Trees that have been dug in the wild will not be accepted. • Maintenance of new plantings is the responsibility of the property owner. There will be two (2) required conformance reviews to conf1TI11 the establishment of the land scape . The first will be in six (6) months and the second in twelve (12) months. Any failures of the land scape mu st be replaced by a specified date determined by the City Horticulturi st. • Any vegetation planted or retained to fulfill this ordinance, which dies, becomes damaged or diseased, must be replaced by the property owner. The property owner must notify the City Horticulturist when the replacement has been scheduled and planted . Failure to replace trees that die will result in penalties (see section 20.5 .9). 13) Tree Credits. A major goal of this ordinance is to protect existing tre es. Therefore, incentives are offered to retain existing natural vegetation as follows: • Credit can be taken for a tree if the tree is in good, vigoro us , healthy condition. Tree credits ma y be used towards landscape requirements. However, the front setback must contain one overstory tree for every thirty (30) feet of road frontage, regardless of credited trees. A tree must be at least eight (8) inches DBH (Diameter at Breast Height--4 .5 feet above the grade) to be credited. To determine the number of tree credits allowed, divid e the DBH of the preserved tree by eight (8) and round downward , not to exceed seven (7) credited trees for any one preserved . Trees listed in section 20.5.14 will not receive credit towards fulfillin g this chapter. Lands Adjacent to the Following Roads: U.S. Hig hway 98, Alabama Highway 104, North Section Street (Excluding any properties within th e Central Business District), South Section Street (excluding properties within th e Central Business District), South Mobile Street, Parker R oad, Volanta Avenue, Gayfer Road, Gayfer Road Extension, Fairhope Avenue, Morphy Avenue, Nichols Avenue, Middle Street , Twin Beech Road and County Road 32. All lands within twenty (20) feet of the boundaries of U.S . Highway 98, Alabama Highway I 04, North Section Street (Excluding any properties within the Central Business District), South Section Street (excluding properties within the Central Business District), South Mobile Street , Parker Road , Volanta Avenue, Gayfer Road , Gayfer Road Extension, Fairhope Avenue, Morphy Avenue, Nichols Avenue, Middle Street, Twin Beech Ro ad and County Road 32 within the corporate limits of th e City of Fa irhop e, in all zoning districts , are hereby required to be reserved by owners or developers of such land as greenspace and tree protecti on zones, s uch land s being required to conform to all applicable provi sions of this chapter. Provided , however, that the greenspace shall be landscaped as follows: Ordinance No. Page-8 - • Where no vegetation, other than grass exists , new land scaping and plantings shall be installed within the 20-foot strip as approved by the City Horticulturist ; otherwise the following shall apply: • For front facing structures, the reserved area may be: • Left in it s natural state; • Natural growth retained, but enhanced with addition of trees and shrubs; Sec. 20.5-5. Special Provisions for City Properties and Utility Rights of Way. Sec. 20.5-6 1) City Right-of-Way. The City Horticulturist (or appeiAlee staff) shall have the right to plant, prune, maintain and remove trees, plants, and shrub s within the city rights-of-way and all other publi c property as may be necessary to insure public health, safety and welfare or to preserve or enhance the beauty and symmetry of such public grounds. HoweYer , the Gil)' l l0r1ie1:1lt1:1rist aREl,lor Fairhope Utilities Beare m1:1st oetaiA proper pemtissioR from the Fairhope Tree CofflHlittee prier to remo~·el of eAy llerilege tree 1:1Rless the Heritage tree is eiseasee er represems e p1:1elie hazers . 2) City Owned Property. Development of any city owned property must adhere to thi s chapter. 3) License Required . It shall be unlawful for any person, individual, corporation, institution, or agent of such to engage principally in the business or occupation of pruning, fertilizing, or removing trees within the planning and zoning jurisdiction of the City of Fairhope without first applying for and procuring the appropriate business license from the City of Fairhope. 4) Unlawful Removal. It shall be unlawful to remove, prune, or otherwise damage any tree on public property or the right -of-way without written approval from the City Horticulturist. 5) Contractor Requirements. All work on city property covered und er this ordinance must be performed by a licensed , bonded , and insured contractor under the direct supervision of a certified arborist. 6) Permits. Public utilities that perform routine tree maintenance operations must apply for an annual permit. 7) Standards. All routine pruning of trees on city owned property and city maintained utility easements mu st conform to standards set forth by the International Society of Arboriculture and the National Arborist Association. Routine pruning shall be based on a maximum three-year rotation. 8) Permitted Removals . The City Horticulturist may grant permission for the removal of trees on city-ow ned property when removal is in the public interest or when the City Horticulturist deems it possible to make reasonable mitigation that will maintain the city's landscapes. Restitution may include planting trees on city property at any location the horticulturist designates or providing replacement funding to be used solely for tree planting within the city. Expenditure of such funds will be under the directi on of the city council and admini stered by the eily hor1ie1:1lt1:1ris1 Ci ty Treasurer. (see Section 20.5-7). 9) State of Emergency . In the event of a State of Emergency being declared, permits will not be required for emergency pruning or removal of hazardous trees as long as the work is supervised by a Certified Arborist and the process is well documented with digital photographs. Tree Protection Requirements. The follow ing requirements apply to all properties inside the central business district regardless of use . Outside the central business district, these requirements apply to all properties, regardles s of use, except properties zoned R-A, R-1 , R-la, R-lb, R-lc, R-2 , R-3 and R-3 PGH . Please see Appendix A (Managing Trees During Construction). l) A "Heritage Tree" is defined as any living tree (overstory or understory) with a stem diameter that exceeds twenty (20 .0) inches . Such diameter will be measured at four and one-half (4 1/2) feet above ground level in the case of single-stem trees or as the sum of stem Ordinance No . Page -9 - diameters at four and one-half(4 1/2) feet above the ground level in the case of multi-stemmed trees. Heritage trees are protected under this ordinance and cannot be cut, pruned or otherwise intentionally harmed without express written permission of the City Horticulturist. 2) Any person wishing to remove or relocate a Heritage tree shall, under the provisions of this section, make written application with the City Horticulturist. The application shall include a landscape plan (as defined above). The City Horticulturist must approve or deny the permit within fourteen (14) working days after receipt of the application. 3) All tree removal will be at the property owner's expense except for ( 1) trees on the city right-of-way which are diseased, injured , in danger of falling close to existing structures, or which create unsafe vision clearance, the removal of which shaJI be funded by the city; or (2) trees beneath utility lines which threaten to damage the utility line, the removal of which is the duty of the utility company. 4) Criteria for issuance of a tree removal p ermit. (a) The tree is located in an area where a structure or improvement will be placed according to an approved plan . (b) The tree is diseased or injured, in danger of falling to close to an existing or proposed structure(s), interferes with existing utility service, creates unsafe vision clearance or conflicts with other ordinances or regulations . (c) The tree is, or will be after construction, in violation of federal, state, or local laws , including but not limited to laws and regulations pertaining to government programs for financing the construction . (d) A permit may be denied if the tree is considered vital to the natural heritage of the City of Fairhope aRe,/or the Fairho13e Tree Committee and/or the City Horticulturist determines that reasonable alternatives to cutting the tree exist. 5) Development on parcels shall comply with the following requirements to protect Heritage trees and other trees that are to be retained for landscape credit on the applicant's parcel : (a) Protective barricades shall be placed around all retained trees , to create a protective radius, and shall remain in place until land alteration, site clearing, and construction activities are complete. Barricades for the protective radius shall be erected with a minimum distance of twenty (20) feet from the trunks of Heritage trees and ten ( I 0) feet of other retained trees . Barricade shall consist of chain link fencing with signage. No entry, storage, temporary parking, or disturbance will be allowed within the barricade . (b) A minimum distance of twenty (20) feet from all Heritage trees and ten (I 0) feet from all other retained trees shall be maintained when installing underground utilities . lf this results in unreasonable hardship , a soil auger shall be used to tunnel under the tree roots . (c) Installation of protective barriers , fences , posts or walls shall not destroy or irreversibly harm the root systems of protected trees. Footers for walls shall end at the point where large roots are encountered , and the root s shall be bridged . Post holes and trenches located close to retained trees shall be adjusted to avoid damage to major roots . (d) All roots to be removed during site clearing and/or construction shall be severed cleanly at the perimeter of the protected radius . (e) A protective dry well and drainage/aeration system shall be provided where a retained tree would be adversely affected by raising the grade at or beyond the perimeter of the protected radius. (f) A protective retaining wall shall be constructed at or beyond the perimeter of the protective radius where a retained tree would be adverse ly affected by lowering the grade . Ordinance No . Page -10 - Sec. 20.5-7 (g) Paving base placement within the outside five (5) feet of the protective radius may be approved by the City Horticulturist and th e Plannin g and Building Director, provided that effective pervious material/design is used . Such pervious material must be placed on grade, to reduce root system damage . (h) Structural foundations may be located at a distance of five (5) feet from the trunk of a retained tree, provided an effective pervious area radius is extended proportionally in three (3) other directions to allow a minimum of four hundred (400) square feet of pervious area . Additiona ll y, the guidelines in Appendix "A" shall be a part of this ordinance. Nuisance Trees The City Horticulturist may require landowners, inclusive of single family residences , to prune and remove trees , which may endanger public safety or be like ly to endanger other trees through the spread of disease or insect infestation . Sec. 20.5-8 Exotic Invasive Trees Those trees listed in 20 .5-16 will alw ays be pennitted for removal. When removed within any described buffer zones , pennitted removal must be performed without disturbing surrounding vegetation and with proper pennit. Sec. 20.5-9 Restitution All monies collected will be used exclusively to plant new trees within city parks and right of ways . Suek ff!eRies shell be keJlt iR e seJlBFBte fuRe BREI eeffliRisteFee B)' the C ity HertieultuFis1. I) Fines/Penalties V iolators of the terms of this ordinance may be cited to municipa l court by means of a municipal offense ticket issued by any authorized enforcement officer of the city . Such violators may also be brought before the court on issuance of complaint and arrest summons by any such officer. Upon conviction of any provision herein , a violator shall be subject ten days in the Fairhope City Jail , to pay a fine of up to $500 and restitution as ordered by the Court . Upon a second or subsequent conviction, the vio lator shall be subject to a minimum of three days and up to six months in the Fairhope city jail, a fine of up to $500 and restitution as ordered by the Court. The Municipal Judge shall have the discretion to allow community service in lieu of jail time at the rate of five (5) days community service for every one (I) day of jail time . 2) Restitution . (a) Persons who are convicted of causing intentional injury or harm to any tree on city property or on pub lic rights-of-way will be required to make restitution to the City in an amount to be detennined by the Municipa l Judge . The Tree Committee recommends restitution in the following amounts: $100 .00 for each tree 1.0--1.9 inches DBH $500 .00 for each tree 2.0--4.9 inches DBH $1,000.00 for each tree 5.0--9 .9 inches DBH $2 ,000 .00 for each tree I 0.0--14 .9 inches DBH $3,000 .00 for each tree 15.0--19 .9 inches DBH $10 ,000 .00 for each tree 20 .0--29 .9 inches DBH $20 ,000.00 for each tree 30 .0 plus inches DBH (b) When the City Horticulturist gives approval for removals of trees on city property or public right-of-way , the person requesting such approval will be required to make payments to the City TFee FuREI as follows : Ordinance No. Page -11 - $50 .00 fo r eac h tree 1--1.9 inches DBH $250.00 for each tree 2.0--4 .9 in ches DBH $500 .00 for each tree 5 .0--9 .9 in ches DBH $1 ,000.00 for each tree 10 .0--14.9 inches DBH $1 ,500 .00 for eac h tree 15 .0--19 .9 in ches DBH $5 ,000 .00 for each tree 20 .0--29 .9 inches DBH $10 ,000 .00 fo r eac h tree 30 .0 plus inches DBH When only stump s are availab le fo r meas urement , stump top diameter rather than DBH sha ll apply . Any restitution set forth in section 20 .5.9 . ma y be redu ced or avoided when th e C it y Hort iculturi st determines that req ues ted tree removal is in the publi c interes t. The C it y Horticulturi st shall use th e hi gher of th e above sc hedu les in estimating res titution or mitigation fo r the unauthorized remova l or int enti o nal degrading of Heritage tre es at pri va te development sites . Sec. 20.5-10 Appeal of Grant or Denial of Permit. Appeal s of ei ther a grant or denial of permits pursua nt to thi s requ irement shall be to the Cit y of Fairhope Municipal Co urt and may be made by th e applicant or any officer, department, or board of th e city aggrieved by any decision of th e City Horticulturist with respect to the administration or enforcement of these requirements . T he Fairh o pe Municipal Court Ju dge sha ll ha ve the power to grant permits upon a show in g by the applicant of clear an d co nvi ncin g evidence that the applicant will suffer an extreme and extrao rdina ry hardship. T he Fa irh ope Municipal Co urt Judge sha ll have the power to deny permit s up on a showing of an aggrieved party that tree removal is not in the best interest of the C it y of Fairhope. A party aggrieved by the decision of the Fairhope Municipal Co urt may appeal to the Circuit Court of Baldwin County. Sec. 20.5-11 Interference. No person sha ll hinder, prevent , delay or interfere with the City Horticulturist, Feirhe pe Tree Cemrnillee, or any other dul y authorized individual , whil e engaged in carrying out the execution or enforcement of this ordinance; provided, however, that nothing he rein shall be construed as an attempt to prohibit the pursuit of any remedy, le ga l or equi tab le, in any co urt of competent jurisdiction for th e protection of propert y rights by th e owner of any property within the munici palit y. Sec. 20.5-12 Definitions. Caliper: Diameter of a tre e trunk . Caliper is used to determine the minimum size of trees planted to fulfill this chapter. For trees less than four (4) inches in diameter, it is measured six (6) inches above the ground. For trees betw een four ( 4) inches and twelve ( 12) in ches in diameter, it is meas ured tw elve (12) inches above the gro und. City Horticulturist: Refers to the officia l appointed by th e city co un cil to enforce the C it y of Fairhope Tree Protection and Landscape Ordinance. Mieimttlfl tjttelifieetim~s shell ieelttde : DegFee ie Offi£lmee tel llertiettl!tt re eml/er Ureell Ferestf)' eertifieetiee IW!§ e Le,~clseelle ArehileetttFe lieeese er Stele Certifieetiee iR Leedseepe Desiga . DBH: Diameter at DBH: Diameter at breast height , or four and one-ha lf (4 1/2) feet a bove grade . Used to measure all existing trees . In the case of multi-stemmed trees, d iameters at breast height will be summed for th e purposes of thi s chapt er. Landscape Plan: Detailed drawings of proposed landscaping . wbeh ere e~•eltteted eJ' the Cit y llertiettl!ttFisl eed the Feirhe!le Tree Cemff¼iuee le meet this ehepter. (See seeliee 20.5 5) Overs tory Trees: Trees which , at maturity , comprise the ca nopy of a natural forest. These are generally twe nt y (20) to forty (40) feet and upw ards at mature height. Ordinance No. Page -12 - Public Tree: Any tree located on City of Fairhope property. This includes city right-of-ways. ReeeRtRtended Req uir ed Tree: Any of the trees li sted in Section 20.5.13 and 20.5.14, or others as approved by the Foirhsf!e Tree Cs1t:ffl:ittee th e C it y Horticulturist and the Planning and Building Director. Heritage Tree: Any li ving tree (overstory or understory) with a DBH that equals or exceeds twenty (20.0) inches. Site Plan: Initial drawings or sketches of a proposed development , which are reviewed by staff; and if required are submitted with recommendations to S!le1ttit1ed ts esth the Fairhope Planning Commission oAd the Foirl'lsf!e Tree Cemmittee ss the de~•elsf!er FAB)' ee odYised f!risr te el½)' eleoriAg sf the flFBf!erty . Tree Credits : A means of crediting existing trees for trees that would have to be planted if existing trees could not be saved and protected as stated in this chapter. Understory Trees: Trees which, at maturity are typically 10-30 ' in height. Sec. 20.5-13 Reeenlff!eAded Required Overstory Trees The following species are reesFAJfleAded required for planting within the City of Fairhope. Other species that are recognized as suitable for thi s area may be used (if approved by the City Horticulturist) species native to costal Alabama (Baldwin, Escambia, and Mobile Counties) are preferred. TABLE INSET: Southern Red Ma le ive to coastal Alabama ecies native to coastal Alabama Taxodium distichum Ulmus alata Sec. 20.5-14 Reee1½-1ffle Aded Required Understory Trees The following species are reesfflffieAded required for planting within the City of Fairhope . Other species that are recognized as suitable for this area may be used if approved by the City Horticulturist. Species native to coastal Alabama (Baldwin, Escambia and Mobi le Counties) are preferred in most cases. TABLE INSET: Amelanchier aboreum Downv Serviceberrv Carpinus caroliniana American Hornbeam Chamaecyparis thyoides Atlantic White Cedar Chionanthus virginicus Fringe-tree/G raybeard Crataegus marshallii spp, Parsley Native Hawthorne Ginkgo biloba Ginkgo/Maidenhair Tree (use male plants only) Halesia caroliniana Carolina Silverbell Halesia diptera Two-wing Silverbell Hex SPP. Holly/!Jex (arborescent species native to coastal Alabama) Juniperus virgj niana Eastern Red cedar Ordinance No. Page -13 - Juniperu s silic icola Lagerstroemia sop . Magnolia spp. Nyssa ogec he Ostrya virginiana Oxydendrum arboreum Persea borbonia Styrax america num Ulmus parvifolia Southern Red cedar Crape-mvrtle (va ri eti es over fift een (15) feet tall a t maturi ty) Magnolia (any species native to coastal Alabama plu s arborescent deciduous ori enta l varieties) OgeecheGum Eastern Hophornbeam Sourwood Redbay American Snowbelt Chinese Elm Sec. 20.5-15 Reeommended Required Evergreen Plantings The fo ll owing species are reeo1t.mended required for pl anting within the City of Fa irhope. These species may be used in buffer zone landscaping. Other species that a re recognized as s uitable for thi s area may be used if approved by the Cit y Horticulturist . TABLE INSET: Agarista poouli fo li a Fetterbush Camellia spp . Camellia sasanqua, japoni ca, and related spec ies. Cliftonia monophylla Buckwheat tree/B lac k Titi llex Hybrids and spec ies adapted to the Gulf coast llex cass in e Dahoon Holly Ilex myrtifolia Myrtle Hoity Ilticium fl ori danum Florida Anise lllicium parvi florum Star Anise M yrica cerifera Southern Bayberry/Wax myrtle Osmanthus americanus American Olive/Devilwood Rhododendron sp p . Azalea (large evergreen spec ies/varieties adapted to coasta l Alabama) Viburnum sp p . Viburnum (evergreen species adapted to northern Gulf coast) Sec . 20.5-16 Plants Not Supported By This Chapter The following pl ant s are exoti c species, which are diffic ult to control, or otherw ise uns uit ab le for this area , and are not acceptable to meet an y of th e requirements for overstory trees, understory trees or buffer zone planting. TABLE INSET: Albizia iulibrissin Mimosa Ailanth us a lt iss ima Tree of heaven Cinnamonum camphora Camphor tree Ligustrum sinense Chi ne se Pri vet Melia azedarac h Chinaberrv Pawlonia tomentosa Princess tree Triadeca se bi fera Chinese Tallowtree/Popcorn Tree Additiona ll y, alt non-native species of bamb oo (except th ose in the genus Bambusa) and a ll invasive exotic vin es (s uch as Kudzu, Chinese Wisteria, Japanese Honeysuckle, and Air Potato) are not accepta ble. Ordinance No. Page -14 - Sec. 20.5-17 ReeemmeAEieEi Required Native Plants for Bio Retention/Detention Use I) Plants Helianthus angusqtifolius Swamp Sunflower Rudbeckia fulgida Orange Coneflower J uncus effuses Soft Rus h Liatris spicata Blaz ing Star Muhlenbergia capillaris Hairawn Muhlv Grass Stokesis la evis Stoke 's Aster Iri s virginica Virginia Iris Aristida beyrichiana Wiregra ss Osmunda c innamomea Cinnamon Fem Osmunda regalis Royal Fem Thelypteris kunthii Southern Shield Fem Sisyrinchium angustifolium Narrow leaf Blue-eved Grass Canna flaccida Bandanna of the Everglades (2) Shrubs Lyonia lucida F etterbrush Leucothoe axillari s Coastal Doghobble M yrica ceri fera Wax Myrtle ll ex vornitoria Yaupon llex ve rticicillata Winterberrv Cyri lla racerniflora Titi Cliftonia monophylla Black titi/Buckwheat tree Rhododendron austrinum Florida flame Azalea Halesia dipteral Two-wing Silverbell Serenoa repens Saw Palmetto Sabal minor Dwarf Palmetto or Bluestem Palmetto Sec. 20.5-18 Fite, Kelby and E. Thomas Smiley. "Best Management Practices -Managing T rees During Construction" in ANS] A300 Part 5: Tree, Shrub , and Other Woody Plant Maintenance - Standard Pra ctices (Management of Trees and Shrubs During Site Develo pment, and Construction) ADOPTED THIS 27TH DAY OF DECEMB ER, 2010 Timothy Kant , M ayo r ATTEST : Lisa A. Hanks, Cit y Clerk