Ordinance Number 484 AN ORDINANCE REGULATING LANDSCAPING IN THE CITY OF PONCHATOULA Section I Purpose and Intent 1.1 BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF PONCHATOULA LOUISIA that to promote the health, safety and welfare of existing and future residents by establishing minimum standards for the protection of natural plant communities, natural features and the installation and continued maintenance of landscaping within the City of Ponchatoula for the following purposes: 1.1.1 Water Conservation - To promote the conservation of potable and non-potable water by encouraging the preservation of existing plant communities, encouraging the planting of natural or uncultivated areas, encouraging the use of site specific plant materials, providing for natural water recharge, preventing excess off-site runoff, mitigating flood impacts down stream and in down pipe, establishing techniques for the installation and maintenance of landscape materials and irrigation systems. 1.1.2 Aesthetics - To improve the aesthetic appearance of commercial and residential areas through landscape design which incorporates living plant materials, appropriate non-living landscape materials and other site elements in open space development in ways that harmonize and enhance the natural and built environment in a way that is conducive to economic development. 1.1.3 Environmental Quality - To improve environmental quality by recognizing the numerous beneficial effects of landscaping upon the environment including 1. improving air and water quality through such natural processes as photosynthesis, mineral uptake and chemical conversions that will promote oxygen production, carbon dioxide reduction and greenhouse effect mitigation; 2. maintaining permeable land areas essential to surface water management, aquifer recharge and the conservation of fresh water resources; 3. reducing and reversing air, noise, heat, and chemical pollution through the biological filtering capacities of trees and other vegetation; 4. promoting energy conservation through the creation of shade, reducing heat gain in or on buildings or paved areas; 5. providing habitat for urban wildlife; 6. reducing the temperature of the microclimate through the process of evaportranspiration; and 7. encouraging the conservation of topsoil resources through the use of site specific plants and various planting and maintenance techniques to prevent erosion and farm lands wastage. 1.1.4 Land Values - To maintain and increase the value of land by requiring a minimum amount of landscaping to be incorporated into development, thus becoming by itself a valuable capital asset. 1.1.5 Human Values - To provide direct and important physical benefits to human beings through the use of landscaping to reduce noise and glare, and to break up the monotony and soften the harsher aspects of urban development. To provide a sense of the countryside and nature in the City thereby promoting a psychological sense of place for citizens and visitors alike. 1.1.6 Preservation and Addition of Vegetation - To preserve existing natural vegetation and encourage the incorporation of plant materials, especially native plants, plant communities and ecosystems into landscape design, where possible. 1.1.7 Improved Community Design - To promote innovative and cost-conscious approaches to the design, installation and maintenance of landscaping. Section II Geographic Boundaries of Ordinance 2.1 The City shall have full power and authority enforcing this ordinance within the corporate limits. 2.2 This Ordinance shall exclude the Historic District. Section III Definitions of Landscape Regulation Terminology 3.1 Accessways - For purposes of landscape regulations, an accessway is an all weather surface for vehicular access to parking and loading spaces traversing a greenbelt area on a development site. 3.2 Buffer Zone - A landscaped area between any building or vehicular use area and providing a visual screen of vegetation only or vegetation in conjunction with a non-living screening material for the purpose of providing a buffer between non-compatible land uses. 3.2 Clearing Permit - a permit that is issued by the City of Ponchatoula allowing a Property Owner the right to remove trees on his property in accordance with the City Landscape Ordinances provisions for such removal. 3.3 DBH- Diameter Breast Height- The caliper measurement taken approximately four foot high on the trunk of a tree. 3.4 Drip Line - The outer edge of the foliage of a tree extending in all directions parallel to the ground. 3.5 Ground Cover, Decorative - Any mulch material (vegetative or mineral) that is used to cover the surface of the ground to prevent erosion or retain moisture. 3.6 Ground Cover, Vegetative - Plant material which reaches a maximum height of not more than twelve (12) inches at maturity, including turf. 3.7 Interior Landscape Area - Any landscaped area within the interior of a development site and beyond the required periphery landscape area that is planted with trees, shrubs and ground covering material to provide for infiltration of runoff, shade of parking areas or aesthetic enhancement of the site. 3.8 Landscape Inspector - That person authorized by the Ponchatoula City Council and Ponchatoula Tree Board to inspect and enforce the Landscape Ordinance of the City or the Ponchatoula Urban Forester. 3.9 Landscaping Material - Material such as, but not limited to, living trees, shrubs, vines, turf, ground cover, landscape water features, and non-living, durable materials commonly used in landscaping including, but not limited to, rocks, pebbles, sands, decorative walls and fences, brick pavers, and earthen mounds, but excluding paving for vehicular use. Any chain link fence and opaque screening fences greater than four (4) feet in height shall not be considered as decorative walls and fences. 3.10 Mulch - Any material that is used to cover the ground surface to prevent erosion, retain moisture and protect plant material. 3.11 PTB- The PTB is the Ponchatoula Tree Board as established by Ordinance # 482. 3.12 Perimeter Landscape Area - An area of land between the property line adjacent to any street right-of-way and any vehicular use areas or building that is intended for the placement or preservation of landscape materials. 3.13 Plant Material - Any plant including trees, vines, shrubs, ground covers and annuals or vegetation of any size, species or description. 3.14 Planting Area - An area suitable for the installation and maintenance of plant materials. Although small planting areas may be provided, any required planting areas shall be a minimum of one hundred (100) square feet with no side less than five(5) feet. Planting areas surrounding existing trees proposed or required to be preserved shall be a minimum of two-thirds (2/3) of the tree canopy. 3.15 Residential Development- Any parcel of land within the City limits of Ponchatoula subdivided with twenty (20) or more single family lots shall be considered a residential development. 3.16 Tree Canopy - The area within the circumference of the drip line of a tree. For purposes of these regulations, the average canopy of a mature Class A tree, except for live oaks and pines, shall be 700 square feet and the average canopy of a mature Class B tree shall be 125 square feet, the average canopy of a live oak shall be calculated as 1,500 square feet and the average canopy of a pine shall be 200 square feet. 3.17 Tree - Class A - Any self-supporting woody plant of a species which normally grows to an overall height of approximately fifty (50) feet, usually with one main stem or trunk although some species may have multiple trunks, and with many branches. A list of species considered to be Class A trees may be obtained in the office of the Building Inspector. 3.18 Tree - Class B - Any self-supporting woody plant of a species which normally grows to an overall height of approximately twenty-five (25) feet, with one or more main stem(s) or trunk(s) any many branches. A list of species considered to be Class B trees may be obtained in the office of the Building Inspector. 3.19 Under Story Plants - All shrubs and trees twenty-five (25) feet or less in height suitable for growth under the canopy of Class A trees. 3.20 Vegetation Protection Zone - The area within the drip line of a tree required by this to be preserved. 3.21 Visual Screen - An opaque barrier of living or non-living landscape material put in place for the purpose of separating and obscuring from view those areas so screened. Section IV Landscape/Site Requirements 4.1 Obstructions to Vision Prohibited - No vegetation shall be allowed to obstruct vision at vehicle intersections. 4.2 Vegetation Protection Zones - An area extending at least fifteen (15) feet in all directions from the trunk of any existing tree required or proposed to be preserved to meet the requirements of this or encompassing a minimum of two-thirds (2/3) of the entire canopy area of the tree, whichever is greater, shall be required to be maintained undisturbed under the provisions of this Article. This area is defined as the Vegetation Protection Zone. Exception: The Vegetation Protection Zone for live oaks will be a circle with a radius which is eighty-two (82) percent of the canopy of the tree, measured from the trunk to the drip line. A barrier shall be erected and maintained around this area at all times during construction. No soil deposits, construction materials, equipment, or other materials shall be temporarily or permanently stored in locations within or immediately adjacent to the Vegetation Protection Zone which would cause suffocation of root systems of trees required or proposed to be preserved. No paving with concrete, asphalt, or other impervious material shall be allowed within the Vegetation Protection Zone. No structure shall be placed or constructed at any time within the Vegetation Protection Zone. 4.3 Vegetation Protection Zone Barriers: 4.3.1 The Vegetation Protection Zone barrier shall be continuous and at least two (2) feet above the ground. The material used to construct the barrier must be rigid and semi-permanent and must be specified on the landscape plan. 4.3.2 The required tree barriers shall be properly installed and verification of such installation shall be made by the landscape inspector prior to the issuance of a development or clearing permit. 4.3.3 Such vegetation protection barriers may be removed prior to the site landscaping or the issuance of a Certificate of Occupancy. 4.4 Landscape Requirements in Residential Districts 4.4.1 In the residential districts, a minimum of 50 percent of all existing trees larger than six (6)inches DBH in the required yard setback areas shall be required to be preserved. The landscape inspector shall verify the preservation of all required trees before a Certificate of Occupancy will be issued for the structure. Trees required to be preserved shall be shown on the residential site plan approved in conjunction with the clearing permit. This tree location plan may be performed by the homeowner. In addition, the provisions of the Live Oak Protection Section shall also apply. 4.4.2 Single-Family Residential Developments - Developers proposing residential developments within the City of Ponchatoula, with twenty (20) or more single-family lots shall be required to submit a site plan indicating the design for the development. The site plan shall show the location of a development sign and associated landscaping proposed for the entrance. These plans will be submitted with the development plans at the request for a building permit for the development and shall become a legal instrument in enforcing the site and landscape requirements. 4.4.3 Landscape and Site Requirements in Commercial/Multi-Family Districts The requirements of this Article shall apply to all commercial/multi-family residential zoning districts with the exception of the Live Oak Protection requirements, which apply in all zoning districts. In all commercial zoning districts, development sites shall be required to meet the minimum requirements as specified by this Article for Landscaping within the periphery landscape areas, interior planting areas and buffer areas. All required plant materials shall be installed or preserved in accordance with this Article and the landscape inspector shall inspect the required landscaping to verify adherence to code. The developer of a site must submit a site plan, including landscaping plans to the City of Ponchatoula, before construction approval will be given. The approved site and landscape plan shall constitute an agreement between the City and the developer and shall become a legal instrument in enforcing the site and landscaping requirements. Any disputes concerning final installation of plant materials shall be resolved by referring to the City held site/landscape plan. 4.4.4 Site Requirements: All commercial/multi-family uses/developments shall comply with the following: 1. All buildings shall be set back not less than 20 feet from the street right-of-way. 2. The 20 foot setback area, except for approved drives, shall be landscaped with grass, trees and shrubs. 3. No parking or pavement shall be allowed in the 20 foot setback.. 4.5 Overall Landscaping and Design Standards: 4.5.1 All land within the development site not used for buildings or other structures, and not considered part of the vehicular use area, shall be considered green space and shall, at a minimum, contain grass or some other standard vegetative ground cover. Those greenspace areas abutting a public right-of-way that do not contain trees, shrubs or vegetative ground covers shall be sodded with turf grass from the street R.O.W. to the building face. 4.5.2 Prior to any site clearance, a tree survey shall be conducted and all buildings and vehicular use areas shall be designed as to preserve as many trees as possible. This tree survey shall be submitted as part of the site/landscape plan submittal. 4.5.3 Off-street parking spaces shall be provided in accordance with the requirements of the underlying zoning district. No parking shall fall within the 20 foot building setback, which is to be landscaped. If parking cannot occur on either side of the building, due to lot width, then the building setback shall increase in depth to allow for such parking in front of the development. 4.5.4 Service drives or other areas shall be provided for off-street loading and in such a way that, in the process of loading or unloading, no truck will block the passage or other vehicles on the service drive or extend into any other public or private drive or street. Loading docks shall not be designed to face the public street. 4.5.5 All areas subject to vehicular use, including accessways, loading areas, and service areas, shall be paved with hard all-weather material. 4.5.6 All loading docks and refuse areas must be screened by wooden, brick or masonry fences at least 7 feet in height. 4.5.7 No lighting shall be taller than 25 feet. 4.5.8 Curbs and curb cuts on the street frontage shall be vertical curbs. No curb cut shall be greater than 25 feet in length, nor occur at an interval of less than 25 feet, nor at a frequency greater than 2 per development frontage. 4.5.9 All required planting shall be maintained in a healthy and productive condition and shall be routinely examined. Plant materials are to be replaced as necessary. 4.6 Perimeter Landscaping: 4.6.1 Within 6 feet from the street right-of-way, two and one-half inch caliper trees at least 10 feet in height shall be planted 30 feet on center. These tree plantings shall contain "Class A" trees. Where a commercial/multi-family development abuts an existing residential site the following landscaping requirements shall apply: 4.6.2 When a vehicular use area is visible from an adjacent residential site, the vehicular use area shall be screened from view from the adjacent residence with an opaque vegetative screen as part of the perimeter landscape requirements. This screen shall be of a living material that is opaque from the ground to a height of four feet. This screen shall be planted in a prepared planting area no less than twenty-four inches in width immediately adjacent to the vehicular use areas or along the common property line. 4.7 Interior Landscaping Requirements - Interior Landscape Requirements in vehicular use areas shall be landscaped as follows. These are minimum standards and may be exceeded. 4.7.1 There must be (1) one, 2 1/2" caliper tree at least 10' in height at the time of planting for every (10) ten parking stalls. Trees must be placed in the immediate vicinity of the parking stalls; credit will not be given for perimeter tree plantings. Trees may, however, be clustered in "islands" within the interior parking area. 4.7.2 Any (1) one "island" must contain (3) three shrubs (at least 2 feet in height when planted) for each tree required in 4.7.1 above. 4.7.3 The interior landscaped areas shall be raised and curbed with permanently anchored material at least six (6) inches in height. Curb material may be concrete, natural stone, or asphalt. Section V Landscape Maintenance and Replacement Provisions 5.1 Maintenance of Vegetation - All trees, vegetation, and screening required in commercial/multi-family developments or buffer zones, periphery and interior landscaped areas shall be preserved and maintained. Any cutting, clearing, removal or land filling which does not preserve and maintain the required trees and vegetation is prohibited. Any required trees cut to meet flooding or drainage requirements shall be replaced to meet the provisions of Item 5.2 of this section. 5.1.1 The owner shall be responsible for the maintenance of required landscaping in good condition so as to present a healthy, neat and orderly appearance; and said landscaped areas shall be kept free from refuse and debris. 5.1.2 Plant beds shall be mulched to prevent weed growth and maintain soil moisture. 5.1.3 Plant materials shall be pruned as required to maintain good health and character. 5.1.4 Turf areas shall be mowed periodically. 5.1.5 All roadways, curbs and sidewalks shall be edged when necessary in order to prevent encroachment from the adjacent grassed areas. 5.1.6 Watering 1. Operation of Automatic Irrigation Systems - whenever possible, automatic irrigation systems should be operated between the hours of midnight and 6 a.m. Irrigating during these hours conserves loss of water due to evaporation. 2. Maintenance of Irrigation Systems - Irrigation systems shall be constantly maintained to eliminate waste of water due to seasonal change, loss of heads, broken pipes or mis-adjusted nozzles. 3. Manual Watering - When no irrigation system is provided, the owner of the property shall be responsible for the provision of adequate water to required plant materials. 4. Fertilizers shall be used as necessary to maintain good plant health. 5. Maintenance of Natural Plant Communities - Natural plant communities left intact on all site developments shall be maintained to promote good ecology. 5.2 Replacement of Vegetation - Should any required tree, shrub or other landscape vegetation die or be removed, or a non-living screen need replacement, the tree, shrub, vegetation, or screen shall be replaced by a similar tree, type of vegetation, or screen meeting the requirements of this Article. 5.3 Live Oak Protection Requirements - In all zoning districts, within the city limits of Ponchatoula, all live oak trees 6" DBH or greater, shall be protected as follows: 5.3.1 A tree removal permit shall be obtained from the Building Inspector prior to cutting, clearing or removing any live oak tree. 5.3.2 The applicant wishing to remove a live oak tree must state in writing that such activity will enhance the health, safety and welfare of the public, or otherwise benefit the public interest and the applicant must offer evidence to that effect. The Building Inspector is empowered to issue or deny the permit based on the application and the evidence. Prior to the issuance of a tree removal permit, the applicant must submit a plan or written statement offering evidence of compliance with the tree replacement provisions of this Article. 5.3.3 It shall be unlawful for any person to place soil in such a way that would cause live oaks to become diseased or die. If filling with soil is necessary to properly drain the land, all efforts should be made to protect the area within the drip line of a live oak from the impact of such activity. Should all efforts fail and a tree removal permit be issued for the removal of the live oak, the provisions of these regulations regarding replacement of trees shall be required to be met. 5.3.4 A tree removal permit will be required to prune the primary and secondary branches of any live oak tree 12" DBH or greater. Such pruning shall be required to be recommended in writing and supervised by a licensed arborist or a state forester. 5.4 Supplemental Planting and Plan Preparation Requirements 5.4.1 Minimum Planting Requirements - The following standards shall be considered the minimum requirements for the installation of all required landscaping within the City. 5.4.2 Tree planting methods and overall care and maintenance shall conform to the standards contained in the Forestry Handbook, 2nd Edition, Karl Werger, Editor for the Society of American Foresters Sections 8 and 16, 1984, John Wiley & Sons, N.Y., N.Y. 1. Installation Standards - All landscaping shall be installed in a sound workman-like manner by a person knowledgeable of proper horticultural practices. All contracted landscape installations shall be installed by landscape contractors who are licensed with the Louisiana Department of Horticulture and the Louisiana Horticulture Commission and according to accepted and proper planting procedures with the quality of plant materials as hereinafter described. 2. Plant Quality Standards - Plants installed pursuant to this shall conform to or exceed the minimum standards as promulgated by the American Association of Nursery-men or the Louisiana Horticulture Commission. 3. Plant Ball Sizes - Ball sizes on all transplanted plant materials shall conform to or exceed the minimum standards as noted in the most correct edition of "Grades and Standards for Nursery Plants," prepared by the American Association of Nurserymen. 4. Use of Planting Soil - All required landscape materials shall be installed using planting soil of a type appropriate to the individual plant material and the soil conditions in which the planting is occurring. 5. Use of Organic Mulches - The use of organic mulches reduces the growth of weeds and adds nutrients to the soil as well as retains moisture over the root zones of plant materials. A. Application specifications - When appropriate, a minimum of 2" (3" preferred), of organic mulch shall be placed over all newly installed tree, shrub and ground cover planting areas. B. Types of Mulch - The use of pine bark, rather than cypress (or other valuable species) mulch is encouraged. Pine straw from tree farming operations is acceptable. 6. Size Standards - All trees required to be planted shall be a minimum of ten (10) feet in height and two and one-half (2-1/2") inches immediately after planting. 7. Proximity to Accessways - Landscape material, except turf or ground cover, shall not be located closer than three (3) feet from the edge of any accessway pavement. 5.5.3 Plan Preparation Requirements - 1. Prior to the issuance of a landscape permit or a development permit for a site on which landscaping or tree preservation is required, a landscape plan shall be required to be submitted to , reviewed by, and approved by the Landscape Inspector. The landscape plan shall be accompanied by the required permit fee. If, in addition to the preservation of trees, plant materials are required to be installed, the landscape plan shall include or be accompanied by a detailed planting plan. 2. Plans for Commercial/Multi-Family Development - The landscape plan and any additional material required for any landscape development that exceeds ($5000) five thousand dollars in cost, shall be prepared and bear the seal of a registered Landscape Architect or otherwise be prepared by persons authorized to prepare landscape plans or drawings in Louisiana according to Revised Statutes Acts 1950, No. 224 and amended and specifically SS3808-E-(1) and (2). 5.5.4 Contents of Landscape Plans - The landscape plan shall be drawn to scale and fully dimensioned and include the following: 1. The location and dimensions of all structures and vehicular use areas and accessways and relative topographic elevations. 2. The dimensions of all planting areas and the location, type and size of all existing vegetation required or proposed to be preserved and all new vegetation proposed to be planted. 3. A legend clearly describing the required landscaping in comparison to the proposed landscaping including the number and type of vegetation and square foot area of landscaping area. 4. A detailed planting plan, if additional planting is required or proposed, including the size and type of plant materials proposed to be planted and including specifications and cross sections describing proper planting techniques in accordance with these regulations. 5. The name, address and telephone number of the person who drew the plan and the date, including any revision dates, that the plan was drawn. 6. The landscape and/or planting plan shall be sufficient to illustrate compliance with this; the Landscape Inspector may require additional information if needed to document compliance. Section VI Emergencies 6.1 Emergencies - In the case of emergencies, such as wind storms, ice storms, hurricanes, general pestilence or disease, or other disasters, the requirements of this Section may be waived by the Building Inspector during the period of such emergencies so as not to hamper private or public work to restore order to the City. In the event of emergency situations such as hurricanes, thunderstorms, ice storms, tornadoes, work by public utilities on trees endangering electric lines shall not require prior approval. Section VII List of Trees, Shrubs and Ground Cover Materials 7.1 List of Trees, Shrubs and Ground Covering Materials - A list of examples of the acceptable types of Class A and Class B trees and shrubs approved (but not limited to) is available from the City of Ponchatoula. Section VIII Landscape Permit Required 8.1 Landscape Permit Required - A landscape permit shall be required to be issued by the Building Inspector for any proposed landscape construction in all commercial/multi-family zoning districts, prior to commencement of landscape construction. Requirements and fees for the issuance of landscape permits are included in the provisions of Section XII. Section IX Clearing Permit Required 9.1 General - Unless otherwise noted in this section, no person, corporation, association, public agency, or agent or employee thereof, shall effectively remove from any property within the City of Ponchatoula without first obtaining a clearing permit from the Building Inspector. 9.2 Objectives of Clearing Permit - The objectives of the requirement for the issuance of a clearing permit for the monitoring of land clearing are: a) To limit the removal of valuable existing trees in advance of the planning and approval of site development plans. b) To limit the destruction of natural stormwater retention basins & water recharge zones by promoting the preservation of existing plant communities & natural areas on site. 9.3 Requirements for the Issuance of a Clearing Permit - Prior to the cutting, clearing, removal of any tree greater than six inches (6") DBH on any lot(s) or parcel(s) of land on which there is no existing building, or which has an existing building and additional undeveloped portions of the lot not required to be preserved as landscaped area, a clearing permit for such activity shall be obtained from the landscape inspector. No clearing permit shall be issued except in conjunction with a duly approved development plan for the site proposed for clearing. Prior to the issuance of a clearing permit the barriers for the protection of vegetation required to be preserved shall be erected and the landscape inspector shall inspect the site to determine compliance with the provisions of this article. Section X Inspection of Landscape Installations 10.1 Inspection of Landscape Installations - Inspection of required landscape installation by a qualified landscape inspector employed by the City shall be required prior to the issuance of a Certificate of Occupancy for a structure associated with the required landscaping to be inspected. 1. Landscape Inspection Fee - A twenty ($20) dollar fee shall be paid for each required landscape inspection. 2. Landscape Reinspection Fee - An additional twenty ($20) dollar fee will be paid for reinspection of any facility required to be reinspected after failure to pass an inspection. Section XI Violations 11.1 Each required tree, shrub, non-living screen, or other plant matter cut, cleared, removed, caused to become diseased or die, or otherwise acted upon in violation of the provision of this Article shall constitute a separate offense. Each separate day in which a violation occurs or continues shall be considered a separate violation of this Article. 11.2 Should any tree(s), shrub(s), non-living screen(s) or other plant matter be cut, cleared, removed, caused to become diseased or die, or otherwise acted upon in violation of this section prior to the issuance of a building permit, no such permit shall be issued until the proper replacements are provided and all fines resulting from the violation are paid. 11.3 Should any tree(s), shrub(s), non-living screen(s) or other plant matter be cut, cleared, removed, caused to become diseased or die, or otherwise acted upon in violation of this section after the issuance of a building permit, the permit shall automatically be suspended until the appropriate replacements are provided and all fines resulting from the violation are paid. 11.4 Failure to maintain the required vegetation protection zone barrier during the construction process shall constitute a violation, shall automatically suspend the development permit for which the tree barrier was required to be erected and shall be subject to the maximum penalty of Section 4.2 of this section. Section XII Fines 12.1 Violations to this Ordinance as stated in Sections 11.1 through 11.4 shall be fined two-hundred fifty dollars ($ 250.00) per offense. 12.2 Fines for tree violations as stated in Sections 11.1 through 11.4 shall be assessed based upon the DBH caliper size of the tree in question. The following fines per caliper inch shall apply: Live Oak Trees: two hundred dollars ($200) per caliper inch All other trees: one hundred dollars ($100) per caliper inch. 12.3 After notification of violation, the Owner will have 30 days to pay all fines associated with such violation and satisfy the requirements of this Ordinance. If after 30 days any such violation continues, each day will constitute a separate violation of this Article. The building inspector may call upon the Chief of Police to furnish personnel to carry out his orders. Section XIII Permit Fees 13.1 At the time of submission of an application for a landscape/site plan permit, a non-refundable plan review fee shall be paid to the Building Inspector based upon the following types of permits. 13.1.1 Clearing Permit - Twenty-five Dollars ($ 25.00) 13.1.2 Residential Development Landscape/Site Plan Permit - Seventy-five Dollars ($ 75.00) 13.1.3 Commercial/Multi-Family Landscape/Site Plan Permit - One Hundred Dollars ($ 100.00) Section XIV Issuance of Permits 14.1 All applications for required permits shall be reviewed and approved by the Building Inspector and two (2) Ponchatoula Tree Board representatives prior to the issuance of any permit. 14.2 Required Review - if the applicant's proposed activity as set forth in his permit application is, upon review by the Building Inspector and the Ponchatoula Tree Board, found to be in conformity with the provisions of the landscape ordinance and all other laws, ordinances and regulations of this City then in force, the chairman of the Ponchatoula Tree Board shall endorse his approval on said permit application, and the Building Inspector shall issue the appropriate permit for the proposed activity. If the proposed activity is found by the Ponchatoula Tree Board, or by the Building Inspector to violate any provisions of this landscape ordinance or of any other laws, ordinances or regulations of the City then in force, the Building Inspector shall so advise the applicant in writing and the request for the permit shall be denied unless plans are amended to conform to the stated ordinances or submitted by the applicant within thirty (30) days of the issuance by the Building Inspector of written notice of nonconformity. 14.3 Appeals - If the violation or nonconformity so discovered involves a matter within the jurisdictional authority of the City Council, the applicant shall then have thirty (30) days, from denial of the permit, in which to submit an amended application not in violation of said laws, ordinances or regulations or to submit to the City Council an appeal of the decision of the Ponchatoula Tree Board or Building Inspector or a petition for other applicable relief from the provisions of the otherwise offended law, ordinance or regulation. Timely application to the City Council shall stay the denial of the landscape/site plan permit application for ninety (90) days. The application shall be denied after said ninety (90) days and the requested permit refused of the applicant cannot show that all necessary relief has been granted by the City Council. Section XV Enforcement and Administration 15.1 Any person violating any provision of this ordinance or who shall fail to comply with any of the requirements hereof shall be guilty of a misdemeanor punishable by a fine as outlined in Section XII. 15.2 The provisions of this Article shall be enforced by the Police. The provisions of this Article shall be administered by the Building Inspector. All such officers shall the power and authority to make inspections on premises necessary to carry out their duties in the coordination and the enforcement of the provisions of this Article. CLASS "A" TREES Class A Trees: Any self supporting woody plant of a species which normally grows to an overall height of at least fifty (50) feet, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks, as in several varieties of oaks. The following is a list of examples of the type of Class A trees: Acer Rubrum "Drummondii" Swamp Red Maple Carya cordiformis Bitternut Hickory Carya illinoinensis Pecan Carya tomentosa Mockernut Hickory Celtis laevigata Sugar Hackberry Fraxinus pennyslvanica Green Ash Ilex opaca American Holly Liquidambar styraciflua American Sweet Gum Liriodendron tulipifera Yellow Poplar Tuliptree Magnolia grandiflora Southern Magnolia Magnolia virginiana Sweet Bay Magnolia Morus rubra Red Mulberry Nyssa aquatica Tupelo Gum Nyssa sylvatica Black Gum Pinus elliottii Slash Pine Pinus palustris Longleaf Pine Pinus taeda Loblolly Pine Platanus occidentalis American Sycamore Quercus falcata Southern Red Oak Quercus falcata pagolifolia Cherry Bark Oak Quercus laurifolia Laurel Oak Quercus lyrata Overcup Oak Quercus marilandica Blackjak Oak Quercus michauxii Swamp Cow Oak Quercus shumardii Swamp Red Oak Quercus stellata Post Oak Quercus virginiana Southern Live Oak Taxodium ascendons Pond Cypress Taxodium distichum Common Bald Cypress Ulmus alata Winged Elm CLASS "B" TREES Class B Trees: Any self supporting woody plant of a species which normally grows to an overall height of at least twenty-five (25) feet, usually with one main stem or trunk and many branches. It may appear to have several stems or trunks, for example Crepe Myrtle. The following is a list of examples of the type of Class B trees Aralia spinosa Walking Stick Betula nigra River Birch Catalpa bignonioides Southern Catalpa Cercis canadensis Redbud Chinonanihus virginicus Greybeard Crataegus marhsallii Parsley Hawthorn Crataegus opaca Mayhaw Crataegus viridis Green Hawthorn Diospyros virginiana Common Persimmon Ilex cassine Cassine Holly Ilex decidua Deciduous Holly Ilex vomitoria Yaupon Malus angustifolia Southern Crab Apple Myrica cerifera Wax Myrtle Ostrya virginiana Hop Hronbeam Persea borbonia Red Bay Pinus glabra Spruce Pine Populus delitodes Cottonwood Prunus americana Wild Plum/American Plum Prunus caroliniana Cherry Laurel Prunus mexicana Mexican Plum Prunus serotina Black Cherry Quercus acuta Japanese Live Oak Rhus copallina Sumac Rhus glabra Sumac Salix nigra Black Willow Sassafras albidum Sassafras Symplocos tinctoria Horse Sugar UTILITY SERVITUDE AREAS The following shrub species are suitable for utility servitude planting Aesculus pavia Red Buckeye Arundinaria gigantea Southern Cane Azalea indica Azalea species Baccharis halimifolia Groundsel Bush Callicarpa americana French Mulberry Calycanthus floridus Sweet Shrub Camellia sasanqua Camellia Cyrilla racemiflora Titi Ilex aquafolium English Holly Ilex attenuata Foster's Holly Ilex cassine Cassine Holly Ilex decidua Deciduous Holly Ilex glabra Gallberry Ilex myrtifolia Dahoon Holly Ilex vomitoria Yaupon Ilex vomitoria 'Pendula" Weeping Yaupon Illicium parvifolium Yellow Anise Itea virginica Virginia Willow Lagerstroemia indica Crape Myrtle Lantana species Lantana Lonicera fragrantissima Winter Honeysuckle Loropetalum chineensis Chinese Witch Hazel Myrica cerifera Wax Myrtle Nerium oleander Oleander Osmanthus frangrans Sweet Olive Prunus caroliniana Cherry Laurel Sabal minor Palmetto Spiraea species Spiraea Virburnum dentatum Arrowwood Virburnum nudum Possumhaw viburnum VEHICLE USE SCREENING PLANTS Vehicle use screening plants are defined as "....non-dwarf evergreen species attaining a height of at least 8 feet." Sabal minor Palmetto osmanthus americanus Devilwood Myrica cerifera Wax Myrtle Baccharis halimifolia Groundsel Bush Cyrilla raccmiflora Titi Illicoim floradanum Starbush Illicium parvifolium Yellow Anise Prunus caroliniana Cherry Laurel Ilex vomitoria Yaupon Azalea indica Azalea Arundinaria giganea Southern Cane Ilex attenuata Foster's Holly Ilex aquafolium English Holly Ilex cassine Cassine Holly Persea borbonia Red Bay Pinus glabra Spruce Pine Ilex myrtifolia Dahoon Holly Loropetalum chineensis Chinese Witch Hazel Osmanthus fragrans Sweet Olive Michellia species Banana Shrub Ilex glabra Gallberry Ilex vomitoria 'Pendula' Weeping Yaupon 1