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Landscape Ordinance Appendix Cover Page

Landscape Ordinance Appendix
Section 1. Title 
Section 2. Purpose, Intent, and Definitions
Section 3. Applicability of Landscape Ordinance
Section 4. Land Clearing and Modification
Section 5. Site and Landscape Design Standards
Section 6. Landscape Maintenance 
Section 7. Landscape Plan and Irrigation Plan Required
Section 8. Alternative Compliance and Landscape Credit
Section 9. Permit Application Procedures
Section 10. Enforcement, Penalties, and Appeals
Section 11. Administrative Guidelines
Section 12. Conflicts
Section 13. Severability
Section 14. Effective Date


LANDSCAPING ORDINANCE FOR THE CITY OF MCCOMB CITY, MISSISSIPPI

Section 1.  Short Title.

This ordinance shall be known as the “Landscaping Ordinance” for the City of McComb City, Mississippi. 

Section 2.  Purpose, Intent, and Definitions.

A.  Purpose

The purpose of this ordinance is to provide for the orderly and aesthetic development of the City and to promote the health, safety and general welfare of the community.

B.  Intent

It is the intent of this ordinance to achieve the following:

- A balance between the need for landscape treatments and the need for commercial growth in the City;

- Promote a flexible attitude of enforcement sufficient to meet the spirit and intent of these                            requirements;

- Promote mutually beneficial improvements by utilizing incentives rather than penalties;

- To aid in stabilizing the environment’s ecological balance by contributing to the processes of air                purification, oxygen regeneration, ground-water recharge, storm water runoff retardation and erosion    control;

- Provide for the separation and buffering of incongruous uses and intensity of activities; and provide        for the visual softening of building masses;

- Reduce glare from paved surfaces; dust nuisances; and the impact of noise;

- Protect and promote the value of residential and commercial properties within the City;

- Promote a positive image for the attraction of new business enterprises within the City;

   and

- Encourage the protection of healthy trees and vegetation and promote the natural ecological                     environmental and aesthetic qualities of the City.

         C.  Definitions

I.      General Rules:  For the purpose of this ordinance, the following rules shall be applied in                         constructing, interpreting or otherwise defining the terms and provisions hereof.

1. Words used in the present tense shall include the future, words used in the singular number shall include the plural number and words used in the plural shall include the singular.

 

 2. The word “shall” is mandatory and the word “may” is permissive.

II.     Definitions:  For the purpose of this ordinance, certain words or terms applicable hereto are
defined as hereinafter provided.  Words and terms used in this ordinance, but not defined in
this ordinance, shall have the meanings ascribed thereto in the Land Use Regulations Ordinance
of the City.  Words and terms defined in both ordinances shall be read in harmony unless there
exists an irreconcilable conflict in which case the definition contained in this ordinance shall control.

 

ADA Spaces.  Site spaces, defined by the Americans with Disabilities Act, which must be barrier free. ADA spaces must be of a certain size, location, gradient, surfacing and use.  Often found in parking lots and near building entries.

 

Administrative Standards.  The set of rules, procedures and requirements set forth in a landscape code for both public administrators, consultants, builders, developers or contractors associated with making permit application, assembling materials for pubic review, meeting the requirements of the landscape or tree regulations, seeking approvals, enforcement, conducting site inspections, collecting fees, issuing permits and filing reports.

 

Arborist or Urban Forester.  A person trained in arboriculture, forestry, landscape architecture, horticulture, or related fields and experienced and licensed in the conservation and preservation of native and ornamental trees.

 

Berm.  An earthen mound utilized to meet landscape screening requirements.

 

Board.  The Board of Mayor and Selectmen of the City of McComb City, Mississippi. 

 

Buffering.  The use of landscaping or retained native vegetation or the use of landscaping along with berms, walls or decorative fences that at least partially and periodically obstruct the view from the street or an abutting property in such a manner that vehicular use areas, parking lots, parked cars, detention ponds and conflicting activity areas will be partially or completely screened.

 

Bufferyard.  A landscaped area usually at the side or rear of development sites which are provided to separate and partially obstruct the view of adjacent land uses or properties.

 

Caliper.  The diameter of a tree trunk (indicated in inches or centimeters) measured at diameter breast height; the instrument used to measure the diameter. 

 

The caliper shall be determined for all new material. 

 

 City.  The City of McComb City, Mississippi.

 

 

Clearing.  The removal or material damage of landscape material by disturbing,
excavating, or removing the underlying soil.

 

Comprehensive Landscape Code or Land Alteration Code.  Very sophisticated ordinance and/or code that regulate not only landscaping but land alteration, tree protection, tree removal, storm water management, erosion control, ground water recharge and land clearing and habitat preservation.

 

Deciduous.  Vegetation, plants, or trees which tend to shed their leaves each year.

 

Design Components.  Sections of a landscape ordinance that make reference to specific parts of a site, building lot or development property that must be designed using standards, specifications or technical requirements specified in that ordinance.

 

Design Manual.  A companion document to a landscape code which is prepared to summarize the technical language of a landscape code or tree regulations and the administrative procedures involved with preparing landscape design plans, seeking building permits, tree removal permits, land alteration permits conditional use of property.

 

Design manuals generally contain information that is helpful to designers such as descriptions of design components, technical standards, and administrative procedures included within the landscape code. Design manuals often contain formulas, tables, diagrams, typical construction details, materials lists, standard specifications and helpful appendix material. Design manuals are written in easy to understand language and illustrated with graphics so that city officials, permit applicants, and property owners can under stand the technical landscape architecture, construction, horticulture and forestry terms contained within the landscape ordinance.

 

Detention Area:  An area designed by hydrological calculations for the temporary storage of a determined quantity of water with a release rate that is either fixed or variable.

 

Diameter Breast Height.  A height four and one-half (4 ½) feet above grade.

 

Display Area.  Outdoor open air area where merchandise for sale or lease is stored throughout the day and the night.

 

Drive Through.  A paved extension of a vehicular use area whose sole purpose is to allow for the pick up of deliver of goods.

 

Encroachment.  Any disturbance in the natural grade, construction of impervious surfaces, trenching or excavation, storage of equipment, materials or earth and the temporary or permanent parking or circulation of vehicles of equipment.

 

Evergreen.  A plant or tree which tends to retain its leaves year round.

 

Fence.  An enclosure or barrier intended to mark a boundary, screen a view, or prevent intrusion.

 

Foundation Area.  A proscribed area of ground of a defined width adjacent to a building wall.

 

Governing Authority.  See Board.

Habitat Protection Areas (HPA).  An area identified on an approved site plan containing native vegetation, natural features or unique habitat which will remain undisturbed when the property is fully developed.

 

Heavy Vehicle Loading Area.  A paved area designed to accommodate the maneuvering, loading and unloading, and parking of commercial vehicles having extra length and excessive weight which may require an increase in pavement depth or ability to carry heavy loads.

 

Hedge.  See Shrub.

 

Hydro-zone.  A portion of the landscaped area having plants with similar water needs that are served by one irrigation valve and a set of head with the same schedule of water flow and timing.

 

Impervious Surface.  Land area covered by a surface treatment that hinders the ability of the underlying soils to percolate water.

 

Irrigation.  The water supply system to support the landscaping which may be an underground sprinkler system, or outlets for manual watering.  

 

Island.  In road and parking area design, one of several types of a raised planting area, usually curbed, and placed to guide traffic, separate lanes, limit paving (impervious surface), preserve existing vegetation and increase aesthetic quality.

 

Landscape Administrator.  The Director of the Zoning, Inspections, and Permits Department.

 

Landscape Architect.  Professionally educated and licensed designer who is authorized to prepare landscape plans, specifications and provide expert testimony in regards to site development and compliance with municipal landscape regulations.

 

Landscape Code.  Created as a result of a landscape ordinance to create and set forth of set of technical landscape standards and responsibilities which are included within a municipal zoning ordinance to ensure that the public health, safety, and welfare is protected in regards to the development of land and changes to natural systems such as vegetation, soil, water, climate and wildlife associated with such land.

 

Landscape Code Standards.  These are specifications, requirements, quality determinations or performance guidelines for judging acceptable compliance with the provisions of a landscape code.

 

Landscape Best Management Practices (LBPM's).  Any planting, maintenance or sound ecological practices, standards or requirements that alter horticultural or arboricultural methods that reduce garden waste, recycle natural materials, conserve water, eliminate chemical discharge, capture storm water, trap sediments, improve pest management and assist plant growth through mulching, soil building, nutrient enhancement and systemic growth improvement methods.

 

Landscape Ordinance.  A public law, requiring public review and approval of a permit and creating a landscape code or tree regulations, often contained within a zoning ordinance or land development code that regulates landscape design, landscaping, landscape installation, horticultural practices, tree removal, planting, care and general site maintenance.

 

Landscape Plan.  The preparation of graphic and written criteria, specifications, and detailed landscape plans to arrange and modify the effects of natural features such as plantings, ground and water forms, circulation, walks, irrigation, landscape lighting, erosion control, on site drainage and other features to comply with the provisions of a community landscape code

 

Light Vehicle Loading Area.  A paved area designed to accommodate the maneuvering, loading and unloading, and temporary parking of commercial vehicles.

 

Loading Areas.  An area which contains trash collection areas of dumpster type refuse containers, outdoor loading and unloading spaces, docks, outdoor shipping and receiving areas, outdoor bulk storage of materials or parts thereof, and outdoor repair areas of any service stations, safety equipment, inspection stations, or dealers.

 

Native Plant Community.  A natural association of plants dominated by one or more prominent native plant species growing in its natural habitat.

 

Open Space.  The unoccupied portion of a lot or building site that is open to the sky and which may or may not contain landscaping, landscaping structures, or garden facilities..

 

Outdoor Storage Area.  An uncovered area used for storage of equipment, materials, goods, and supplies including the keeping of automobiles, trucks, boats, trailers, buses, and lawn and garden equipment which are not enclosed within building walls.

 

Parking Bay.  A defined number of parking stalls separated by interior landscape islands, plantings or shade trees.

 

Parking Lot Screen or VUA Landscape Strip.  A landscaped area which separates the vehicular use area of any development site from adjoining property and/or public right-of-way and whose purpose is to enhance the visual appearance of the site and to provide screening of the vehicular use area and certain other activities.

 

Permeable Pavement.  An area of a vehicular use area paved with material that permits water penetration into the soil. Permeable pavement may consist of any porous surface materials which are installed, laid or poured.

 

Permit.  An official public document, authorizing performance of a specific regulated activity, on a development site.

 

Pervious Area.  The area of a development site remaining after the area of structures, vehicular use areas, storage areas, utility areas, access ways, pedestrian pavement or wet retention ponds are subtracted.

 

Planting Area.  An area of plantings as specified by the landscape ordinance, i.e. street yard, transitional protective yard, and landscape island. 

 

Post Construction Certification Statement.  A statement that is filed with municipal officials by the landscape architect certifying that all landscape construction has been implemented according to the requirements of the landscape ordinance or any public law that may apply.

 

Protected Tree.  A tree of a certain size, species, age or character which can not be removed without a tree removal permit.

 

Public Safety Device.  Devices such as fire hydrants, sprinkler valves, and warning signals whose purpose is for the safety of the public or operated by public safety agencies.

 

Retention Area.  Areas designed usually by hydrological calculations and used for the permanent storage of storm water runoff. Micro-retention areas are sculpted minor depressions, swales and irregularly shaped parts of a building site whose purpose is to interrupt, slow and allow the seepage of storm water into landscape beds or directly into the ground.

 

Screening.  Landscaping, berms, fences, walls, or any combination thereof used to block or significantly obscure, in a continuous manner, the view from one area to another. 

 

Service Area.  An area which serves an establishment or building including, without limitation, mechanical systems areas, utility meters, loading docks, and outdoor storage areas.

 

Shurb.  Self-supporting, woody, evergreen species a minimum of thirty (30) inches in height at maturity and eighteen (18) inches at planting from grade.      See Hedge.

 

Sight Triangle.  The area on either side of an access way at its junction with a public street forming a triangle within which clear visibility of approaching vehicular or pedestrian traffic must be maintained.

 

Storage Area.  Any exterior of a site which is used for the keeping of garbage or trash cans, dumpsters, newspaper containers, oil and bottled gas tanks, swimming pool equipment, air conditioners and mechanical appurtenances.

 

Stream Bank Buffer.  This is a setback zone along an active bayou, creek, stream, river or other water course which is left in its natural state for the purpose of preventing sedimentation or pollution from finding it way into a public water supply.

 

Street Buffer.  An area with a defined depth which is attached to a front property or servitude line which lies between the street right-of-way line and the actual front wall line of the building facing a public street. A variant is the preserved street buffer in which all native trees of a certain size must be preserved.

 

Street Tree Planting Area.  The street tree planting area is the area of a development site which lies between the street right-of-way line and the edge of the street curb parallel to the street.  This land is publicly owned but is often used for street tree planting, public utilities and street maintenance.  It may also include public space within the center of boulevard medians fronting development sites.

 

Street Wall.  A planting space of a proscribed dimension attached to the building wall fronting a public street.

 

Street Yard.  The area of a lot, which lies between the street right-of-way line and the actual front wall line of the building facing a public street.  

 

Technical Standards.  Criteria, requirements and standards of a technical nature, usually specified in quantities, dimensions, sizes, qualities and performance outcomes and spelled out in a landscape ordinance to guide designers in the proper design of various parts of the development site, building lot or property.

 

Transitional Protective Yard.  A landscaped protective yard adjacent to lot lines, but not right-of-way lines, which screens the adjacent properties.

 

Travel Lane.  The main access way, one-way or two-way, which serves a vehicular use area or parking lot.

 

Tree Protection Area (TPA).  Any portion of a site wherein are located numerous existing trees and other native plant materials which are proposed to be preserved.

 

Tree Protection Zone.  The area at the base of a tree where roots grow that is protected, from any of a number of harmful activities.

 

Turf.  A covering of compact, dense vegetation plus the matted upper stratum of earth filled with roots and/or rhizomes.

 

Utility Service Area.  An area which contains any surface mounted HVAC equipment, utility boxes, booster stations, switch boxes, irrigation controllers and transformers that are part of a site utility system.

 

Vehicular Use Areas.  All areas subject to vehicular traffic including access ways, driveways, loading areas, service areas, and parking stalls for all types of vehicles. Commonly thought of as parking lots, driveways and interior streets.

 

Vine.  Herbaceous or semi-woody plants requiring support upon which to grow or creeps along the ground.  A vine is used to provide some screening or buffering effects. 

Visual Screen.  A physical obstruction, partially opaque, consisting of living plant material, natural or manmade construction material, or a combination thereof used to visually separate two areas of a building site.

 

Wall.  An enclosing structure made of brick, stone, earth, or other materials, intended to mark a boundary, screen a view, or prevent intrusion. 

 

Yard Area.  That portion of any building site covered by the front, side and rear yard areas as established by the minimum setback requirements of a zoning ordinance.

 

Yard, Waterfront.  A waterfront yard is the yard adjacent to public waterways.           Waterfront yards front bays, bayous, wetlands, lakes, canals, aquatic conservation areas, aquatic preservation areas and similar waterways.
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Section 3.  Applicability of Landscape Ordinance.
I.  Except as otherwise provided below, this ordinance shall apply to:

               A.     All new construction within the City obtaining a building permit, i.e., residential,
                       commercial, industrial, and special use districts. 

               B.    All repairs, alterations, or enlargements which require submission of a plan, whether
                       done voluntarily or required because of damage by fire or other casualty loss, if the
                       cost of reconstruction or repair exceeds fifty percent (50%) of the reproduction
                       cost of the structure.

               C.     Any change requiring a thirty percent (30%) or more increase in the number of
                        parking spaces.

               D.     Any additions, exterior renovations, or remodeling which increase the square footage                                          of a development by more than fifty percent (50%).

As to new developments and vehicular use areas, a common development which includes more than one (1) lot shall be treated as one (1) lot for the purposes of satisfying these landscape regulations.  Split ownership, planning in phases, construction in stages, and/or multiple building permits for a project shall not prevent it from being a common development as referred to in the definitions.  Each phase of a phased project shall comply with these requirements. 

 II.  The requirements for landscaping shall not apply to the following, unless otherwise noted:

A.     Building permits for buildings located on property zoned A-1 General Agricultural.

B.     Building permits for buildings less than one hundred (100) square feet on an
         out-parcel within a shopping center.

C.     Clearing of trees for forestry or agricultural purposes, and for safety and the
         protection of property.

D.     Building permits for the restoration of a building when restoration is required as
         a result of damage and/or destruction by fire or natural causes, provided said permit
         is applied for within twelve (12) months of the occurrence of fire or natural causes.

E.     Multi-storied parking or covered parking structures shall be exempt from providing
         interior landscaping.

F.     Property identified, platted, and under development or under an existing contract for
         sale and development at the time of adoption of this ordinance.

Section 4.  Land Clearing and Modification.

No construction shall begin or land shall be cleared until a horizontal construction permit has been acquired and the landscape plan for the site has been approved according to the provisions of this ordinance.  It shall be unlawful for any person to remove, destroy, or permanently damage an existing appropriate native tree that is four (4) caliper inches or higher without first obtaining written permission from the Director of the Zoning, Inspections, and Permits Department.        All existing appropriate native trees designated as remaining in their original placement as part of the landscape plan shall be protected during construction and land clearing from permanent damage to any part of the tree.  A developer shall follow the guidelines for protecting existing native trees during construction and land clearing pursuant to this ordinance.
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Section 5.  Site and Landscape Design Standards.

I.  Any development or construction shall comply with these regulations.

II.  A final landscape plan shall not be required for individual single-family or duplex lots.

III.  If the site (including proposed buildings and parking areas) meets or exceeds current landscape standards, additional landscaping shall not be required.

IV.  Specific landscaping requirements may be imposed on developments within the Historic Preservation District, or properties affected by special permit, special exception, or variance. These requirements may be more or less restrictive than the requirements of this ordinance.

V.  A maximum of ten percent (10%) of the number of required parking spaces may be replaced with landscaping.

VI.  An inspection of all plantings to ensure compliance with the submitted landscape plan is required prior to the issuance of a Certificate of Occupancy.

VII.  Nothing herein shall affect in any way the rights of, or exercise by, any public utility or City department of its present and future acquired rights to clear trees and other growth from lands used by the public utility or City department. The utility or City department shall cooperate and coordinate with the City when clearing or pruning in the rights-of-way.

VIII.  Nothing herein shall reduce the lines of sight and traffic visibility standards adopted in the Land Use Regulations Ordinance.  Plantings within the sight triangle shall not exceed a height of eighteen (18) inches.

IX.  Property owners in all zoning districts shall be responsible for landscaping the area within the street right-of-way between the curb-line and the property line. 

          A.        The type and location of vegetation shall not interfere with utilities and the safe 
                      and efficient flow of street traffic. Approval by the appropriate City departments
                      responsible for street and utilities shall be required.

          B.        Any turf grass planted in the street right-of-way shall be sodded.

          C.        The use of gravel shall not satisfy this requirement for landscaping.  In addition, 
                      this area shall not be hard-surfaced, other than a permitted driveway or sidewalk,
                      and it shall not be used for parking or display.

X.  All plant material planted to meet the minimum requirements of these regulations shall be ina healthy condition at the time of planting and shall meet quality standards set forth by the American Standard for Nursery Stock. 

XI.  All plant material except trees must be a minimum of one- (1) gallon container size.

XII.  Automatic irrigation systems or hose bib connections must be installed in order to provide water to all planted or grassed areas.  Irrigation system must be operational at the time of inspection.

XIII.  All refuse and outside storage areas must be screened from street or public view.              The screening must be a minimum of six feet (6’) in height and may either be provided by evergreen plant material or a solid wall or fence.             

XIV.  Turf grass shall be planted, seeded or re-seeded as necessary, watered and maintained in such a manner as to completely cover all exposed areas of soil after one (1) full growing season.

XV.  No disturbed ground shall be left exposed. Grass and other approved and appropriate groundcover or mulch shall cover all non-paved and non-built developed areas.

XVI.  There shall be a landscaped buffer between all newly developed or renovated non-residential uses and any and all residential uses.  The buffer must be a minimum of five feet (5’) in height and run the entire length of the property line of the non-residential use that abuts or faces the residential use. 

XVII.  Every newly developed or renovated non-residential use shall provide interior landscape islands within areas designated as parking lots.  The purpose of such landscape islands is to:

          A.     Break up large expanses of pavement;
          B.     Provide relief from heat island effect associated with paved areas;

          C.     Provide pervious surfaces to reduce storm water run-off;

          D.     Add decorative elements to a parking lot; and

          E.     Allow for the potential to absorb some rain water.

XVIII. All landscape islands as specified in Section 5, XVIII, must meet the following requirements.
          A.     All landscape islands and buffer areas adjoining parking areas shall be curbed.

          B.     Parking lots with fewer than ten (10) spaces shall not be required to have interior
                   landscaping.

          C.     Parking lots with between ten (10) and twenty (20) spaces shall provide at least five
                   percent (5%) of the gross parking area for landscaping purposes, with one (1) shade tree
                   planted for every three hundred (300) square of landscaped area.

           D.     Parking lots with greater than twenty-one (21) spaces shall provide at least ten percent
                    (10%) of the gross parking area for landscaping purposes, with one (1) shade tree
                    planted for every three hundred (300) square of landscaped area.

           E.     Trees shall be located in every landscape island.  There shall be at least one (1) tree
                    planted per island.  At least one (1) shade tree shall be planted in each island.  Each
                    island shall have a minimum width of five feet (5’) and a minimum length of
                    eighteen feet (18’).  There shall be one (1) landscape island per each ten (10) parking
                    spaces.

          F.     Landscape islands shall be located at each end of a parking row and intervals of no
                   less than every ten (10) spaces, as well as at the corners of the parking lots.

          G.     Divider islands in parking lot interiors shall be a minimum of five feet (5’) wide.

          H.     Continuous rows of parking spaces shall be terminated at both ends by landscaped
                    islands.  Each island shall be a minimum of three feet by three feet (3’ X 3’) in width,
                    with the average size of such islands being five feet by five feet (5’ X 5’).

          I.     All landscape islands shall be planted with grass, shrubs, or groundcover, excluding
                 gravel, sand, and pavements. 

          J.     All vehicular areas and landscape islands shall be curved.

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Section 6.  Landscape Maintenance.

I.  To ensure that newly planted vegetation survives and serves the purpose of this ordinance and to ensure the health, safety, and welfare of the public, it is the intent of this section to specify certain minimum maintenance standards of watering, pruning, fertilizing, and plant care.

II.  All landscaping shall be of nursery stock quality and shall be installed in a sounds workmanlike manner and according to accepted good planting procedures.

III.  All landscaping shall be adapted to climate conditions of the area, and consideration shall be given to not planting large trees near utilities. 

IV.  All landscaping soil and fill shall be maintained and reasonably free from weeds, refuse, and debris at all times.

V.  Landscaping elements such as walls and fences shall be constructed in a sound workmanlike manner with adequate support or footings and shall be repaired or replaced, as needed, to preserve an attractive appearance and to function as intended.

VI.  Any dead plant material or material which fails to show health growth must be removed within thirty (30) days, dependent upon seasonal variations, after being identified.

VII.  Replacement of removed plant material must take place within ninety (90) days of removal or notification by the City, whichever occurs first.

VIII.  Any replacement plant material must meet the size and other characteristics of newly planted materials as required in this ordinance.

IX.  Maintenance of all landscaping is the responsibility of the property owner(s).

X.  Trees and large shrubs shall be adequately supported as necessary, using stakes and guys.  Such supports shall be designed to protect trees and shrubs from injury.  Trees and shrubs shall be fastened to the supports with an acceptable commercial tree tie of plastic or hose covered wire.

XI.  In the event of a natural disaster, the Board of Mayor and Selectmen reserve the right to approve the time frame for replacement of the approved landscape plan.

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Section 7.  Landscape Plan and Irrigation Plan Required.

I.  The Landscape Plan shall be prepared by a design professional that is licensed by the State of Mississippi.  However, Landscape Plans for all single-family and two-family (i. e., duplex) residential units may be prepared by a Landscape Designer or Contractor who is knowledgeable in plant materials and landscape design.  The Director of the Zoning, Inspections, and Permits Department must provide written approval to the developer or his or her designee of said Landscape Designer or Contractor before a Landscape Plan may be submitted. 

II.  An Irrigation Plan shall be required if there will be any significant water or rain run-off produced by the development as determined by the Director of the Zoning, Inspections, and Permits Department and the Public Works Director.  The Irrigation Plan shall be prepared by a Civil Engineer or a Landscape Architect that is licensed by the State of Mississippi.         

III.  The Landscape Plan shall be submitted to the Director of the Zoning, Inspections, and Permits Department on a sheet of paper at least twenty-four inches (24”) wide by thirty-six inches (36”) long.  The following items shall be provided on the required Landscape Plan:

            A.     Acceptable scale (for example, 1” = 10’; 1” = 20’; 1” = 30’) as approved by the Director of
                     the Zoning, Inspections, and Permits Department;

            B.    North arrow, graphic, and written scale in close proximity;

            C.    Appropriate title (i. e. “Landscape Plan”);

            D.    Title block that includes street address, lot and block, subdivision name, city, state,
                     and date of preparation;

            E.    Name and address of owner;

            F.    Name, address, and phone number of firm or individual preparing the plan;

            G.    Property lines shown with dimensions;

            H.    Any existing easements and utilities (i.e. water, sewer, storm drain, gas,
                    electric, cable, municipal, etc.);

            I.     Width and type of bufferyard(s) labeled on all sides, if applicable;

            J.     Location, caliper size, and name of all existing trees of at least six inches
                    (6”) in caliper which are to be preserved;

            K.    Location, quantity, size, and name of all proposed plant materials;

            L.    Visibility triangles, if applicable;

            M.   Stamped seal, signed and dated, of a design professional that is licensed by the State of                                       Mississippi;  

            N.    Diagrams of visibility triangles, if any;

            O.    List of proposed plants and plant material;

            P.    Contours of the subject property in increments as approved by the Director
                   of the Zoning, Inspections, and Permits Department; and

            Q.    The seal of a design professional that is licensed by the State of Mississippi, if required

IV.  The Irrigation Plan shall be submitted to the Director of the Zoning, Inspections, and Permits Department on a sheet of paper at least twenty-four inches (24”) wide by thirty-six inches (36”) long.  The following items shall be provided on the required Irrigation Plan:

 

            A.       Acceptable scale (for example, 1” = 10’; 1” = 20’; 1” = 30’) as approved by the Director
                       of the Zoning, Inspections, and Permits Department (must be the same scale as
                       the Landscape Plan);

            B.       North arrow, graphic, and written scale in close proximity;

            C.        Appropriate title (i. e. “Irrigation Plan”);

            D.       Title block that includes street address, lot and block, subdivision name, city, state,
                        and date of preparation;

            E.       Name and address of owner;

            F.       Name, address, and phone number of firm or individual preparing the plan;

            G.      Property lines shown with dimensions;

            H.     Any existing easements and utilities (i.e. water, sewer, storm drain, gas, electric, cable,                                        municipal, etc.);

            I.      Location caliper size, and name of all existing trees of at least six inches (6”)
                     in 
caliper which are to be preserved;

            J.     All pipes labeled as to size.

            K.     All heads labeled as to type (legend is acceptable).

            L.      Backflow prevention labeled with type and size.

            M.     Connection to water service shown after meter.

            N.     Second meter (with size) shown, if intended.

            O.     Note on plan that states the following:  “All backflow installations and connections to
                     City of McComb water lines must be permitted separately by the City’s Zoning,
                     Inspections, and Permits Department.”

            P.     The seal of a Civil Engineer or a Landscape Architect that is licensed by the State of
                     Mississippi.

V.  All of the requirements of the City’s Land Use Regulations with regard to screening and buffers shall be met and shown on the Landscape Plan.

VI.  All of the requirements of the City’s Land Use Regulations with regard to accessory structures shall be met and shown on the Landscape Plan.   

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Section 8.  Alternative Compliance and Landscape Credit.

I.  Because each parcel, plot, or subdivision of land has different circumstances and issues,

there needs to be a procedure for encouraging an innovative, unique, and site specific landscape design that exceeds the minimum requirements of this ordinance.

II.  In addition to the requirements of Section 5 of this ordinance, landscape plans must earn a minimum of seventy (70) points by utilizing the electives listed in a project.  All plants and landscape planting must have a street view to receive points. 

 

ELECTIVES                                                                                                 POINTS

Irrigation System                                                                                           20

Grass/Groundcover (minimum area of 50 square feet)                                                          

            50 – 99 square feet                                                                            10

            100 – 199 square feet                                                                        15

            200 – 300 square feet                                                                       20       

            More than 300 square feet                                                              25

Planter Box (each box up to a total of 4 boxes)                                       10 each

Parking/Landscape Islands                                                                         15

Landscape Around Signage                                                                         10

Small Tree                                                                                                       See Table 1

Large Tree                                                                                                       See Table 1

Existing Tree                                                                                                  See Table 3

 

III.  Tables 1 and 2 (new trees, shrubs/perennials, and other plantings) shall be used in conjunction with the elective system of Section 8, II, as listed above to determine the minimum point score of seventy (70) points for a project.    

 

TABLE 1.  POINT VALUES FOR VARIOUS PLANTINGS

Type of Plant Material

Minimum Size (at time of planting)

Point Value

 

Deciduous Trees

Evergreen Trees

Large Tree

8-inch or greater caliper

22 feet and over

35

7-inch caliper

19-21 ft. height

33

6-inch caliper

16-18 ft. height

31

5-inch caliper

13-15 ft. height

29

4-inch caliper

11-12 ft. height

27

3-inch caliper

9-10 ft. height

25

Medium Tree

2-inch caliper

7-8 ft. height

20

Small Tree

Single Trunk:  1-inch caliper

5-6 ft. height

15

 

Ornamental Tree

 

Multiple Trunk (minimum 3 trunks):  Smallest trunk 1-inch caliper

 

5-6 ft. height

 

10

Large Shrub/Perennial

5 gallon and 24-inch height at planting

5

 

 

TABLE 2.  POINT VALUES FOR VARIOUS PLANTINGS

Type of Plant Material

Minimum Size (at time of planting)

Point Value

Medium Shrub/Perennial

3 gallon and 12-inch height

5

Small Shrub/Perennial

2 gallon and 8-inch height

4

Groundcover/Perennial

1 gallon 4-inch pots

2

Landscaped Berm

30-inch height; 10-foot length;

3:1 slope

1 per each 5 linear feet

Turf Grass

Not Applicable

1 per square yard

 

IV.  Table 3 (existing trees) shall be used in conjunction with the elective system of Section 8, II, as listed above to determine the minimum point score of seventy (70) points for a project.    

 

TABLE 3.  POINT VALUES FOR EXISTING TREES

SIZE

LANDSCAPE POINTS APPLIED

6-inch caliper

20

7-inch caliper

25

8-inch to 10-inch caliper

30

10.1-inch to 15-inch Diameter Breast Height (DBH)

35

15.1-inch to 20-inch DBH

40

20.1-inch to 25-inch DBH

45

Over 25 DBH

50


Section 9.  Permit Application Procedures.

I.  The Director of the Zoning, Inspections, and Permits Department shall establish administrative procedures necessary to facilitate the implementation and the enforcement of this ordinance.

II.   All submittals shall be accompanied by the appropriate materials as listed in Section 7 of this ordinance and at least one (1) sheet of regularly sized paper (8 ½” X 11”) indicating the attainment of the minimum elective point score as indicated in Section 8 of this ordinance.

The attainment sheet shall contain a breakdown of the scores as provided in Section 8 of this ordinance.

III.  The Director of the Zoning, Inspections, and Permits Department shall be responsible for the review of all plans submitted in accordance with the requirements of this ordinance.

IV.  The Director of the Zoning, Inspections, and Permits Department shall review the required submittals and provide the applicant with a written summary of the review.  It shall be the applicant’s responsibility to revise the submittals as necessary to obtain approval.   

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Section 10.  Enforcement, Penalties, and Appeals.

I.  It is the purpose of this section to describe the enforcement procedures to be followed to insure compliance with the provisions of this ordinance. 

II.  Violation by any person of the provisions of this ordinance or failure to comply with any of its requirements, after written notification by the Zoning, Inspections, and Permits Department of the type, nature, and extent of the violation of this ordinance, shall, upon conviction thereof, constitute a misdemeanor. 

III.  Any person who violates the provisions of this ordinance or fails to comply with any of its requirements within ninety (90) days after having been duly notified in writing, by certified mail, return receipt requested, by the Zoning, Inspections, and Permits Department, shall, upon conviction, thereof, be fined not more than one hundred ($100.00) dollars.  Each day such violation continues shall constitute a new and separate offense.  Nothing herein contained shall prevent the City from taking such other lawful action as is necessary to prevent or remedy any violation.     

 

Section 11.  Administrative Guidelines.

I.  Variances.  It is not the intent of the Landscape Ordinance to create undue hardship on affected properties.  Where there are unusual circumstances peculiar to the site being developed and where a literal application of the specific provisions of this ordinance would unnecessarily restrict the development of a site and result in undue hardship to the owner(s) or other interested persons, a variance from specific provisions of this ordinance may be requested.  The application requesting a variance from the requirements of this ordinance shall include a description of the property, the exact nature of the proposed variance, and the grounds upon which it is requested.  The applicant shall further demonstrate that the granting of such variance will not adversely affect the surrounding properties nor otherwise be detrimental to the public welfare.                 The application shall be filed with the Director of the Zoning, Inspections, and Permits Department.  Upon receiving an application for a variance, in which all required information is supplied, the Director of the Zoning, Inspections, and Permits Department shall make a recommendation within ten (10) working days from receipt of the application and forward said application and recommendation to the Board of Mayor and Selectmen for their consideration.  The Board shall, at its discretion, place the matter on the agenda of a regularly scheduled meeting for consideration of the application and the Director’s recommendation.  During said meeting, the Board shall vote to approve or deny a variance from the provisions of the ordinance.  Every decision of the Board shall be final, subject, however, to such remedy as any aggrieved party may have at law or in equity. 

II.  Administrative Interpretation.  In the event there is a question concerning the general intent or meaning of any provision of this ordinance text, the Director of the Zoning, Inspections, and Permits Department shall have the right to make such administrative decisions or interpretations.  Any persons aggrieved by this administrative decision or interpretation may submit a written appeal of the decision or interpretation to the Board of Mayor and Selectmen.  The Board of Mayor and Selectmen shall affirm, reverse, or modify the original decision or interpretation rendered by the Director of the Zoning, Inspections, and Permits Department.      An interpretation from which an appeal is made must be in writing and must be in response to a written request for an administrative decision or interpretation.  It is expressly intended that such administrative decision or interpretation shall in no manner be construed to permit or to grant exceptions or variances to the provisions of this ordinance.  With regard to appeals of administrative decisions or interpretations, every decision of the Board of Mayor and Selectmen shall be final, subject, however, to such remedy as any aggrieved party may have at law or in equity.  

 

Section 12.  Conflicts.

This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City, and this Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this Ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed.

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Section 13.  Severability.

It is hereby declared to be the intention of the Board of Mayor and Selectmen that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph, or section of this Ordinance shall be declared to be unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this Ordinance, since the same would have been enacted by the Board of Mayor and Selectmen without the incorporation in this Ordinance of any unconstitutional phrase, clause, sentence, paragraph, or section.

 

Section 14.  Effective Date.

This Ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is ordained.