These landscaping standards are organized into nine main sub-sections. They include:

Transcription

1 d. Access to a Street Article 23-6: Development Standards Section (A): Section Organization Every loading area shall be provided with safe and convenient access to a street, but in no case shall the loading space extend into the required aisle of the parking lot. e. Paving The ground surface of loading areas shall be paved with a durable, dust free, and hard material, such as surface and seal treatment, bituminous hot mix, Portland cement, concrete, or some comparable material. Such paving shall be maintained for safe and convenient use at all times. f. Landscaping Loading areas shall be landscaped in accordance with Section (D), Vehicular Use Area Landscaping. g. Exterior Lighting 3. LANDSCAPING 371 Exterior lighting for loading areas shall comply with the standards in Section , Exterior Lighting. (A) SECTION ORGANIZATION These landscaping standards are organized into nine main sub-sections. They include: (1) Section (B), Purpose and Intent, which sets out the purpose and intent for the standards; (2) Section (C), General Standards for Landscaping, which includes the applicability provisions, requirements for landscaping plans, and standards for new plantings; (3) Section (D), Vehicular Use Area Landscaping, which contains the standards for landscaping around the perimeter and within vehicular use areas; (4) Section (E), Perimeter Buffers, which includes the landscaping buffer standards applied to the edges of some developments and base zoning districts; (5) Section (F), Street Trees, which includes requirements for provision of street trees; (6) Section (G), Screening, which sets out the screening requirements for site features like refuse, loading, and service areas; (7) Section (H), Stormwater Pond Landscaping, which contains the landscaping requirements for stormwater retention and detention pond facilities; (8) Section (I), Alternative Landscaping Plan, which sets out the standards and procedure for review of alternative landscaping plans; and 371 This section replaces the landscaping, buffer, and screening standards in Article 16 of the current LDO. It adds standards for new plantings (including a minimum requirement for plant diversity) and landscaping berms, consolidates and revises landscaping standards for parking lots, expands options and flexibility for provision of perimeter buffers (based on use rather than zoning district), adds a street tree requirement, largely carries forward screening standards, adds landscaping standards for stormwater ponds designed as a site amenity, enhances landscaping installation and maintenance provisions, and provides flexibility to deviate from landscaping standards through use of an alternative landscape plan. City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-43

2 Section (B): Purpose and Intent (9) Section (J), Other Landscaping Standards, which includes the other landscaping standards, installation timing, maintenance, monitoring for compliance, and incentives. (B) PURPOSE AND INTENT It is the purpose of this section to promote and protect the public health, safety and general welfare by providing for the planting, maintenance, and preservation of trees, shrubs, and other plants within the city. The intent of this section is to promote this purpose by: (1) Ensuring and encouraging the planting, maintenance, restoration, and survival of trees, shrubs, and groundcover; (2) Ensuring the protection of community residents and visitors from personal injury and property damage, and the protection of the city from property damage, caused or threatened by the improper planting, maintenance, or removal of trees, shrubs, or other plants; (3) Mitigating against erosion and sedimentation; (4) Reducing stormwater runoff and the costs associated therewith; (5) Preserving and protecting the water table and surface waters; (6) Reducing audible noise from automobiles and land uses; (7) Restoring soils and land denuded as a result of construction or grading; (8) Increasing the tree canopy to provide shade and moderate the effect of urban heat islands; (9) Limiting glare created by exterior lighting; (10) Reducing visual pollution from the urban environment and increasing privacy between incompatible uses; (11) Safeguarding and enhancing property values and protecting public and private investment; (12) Preserving and protecting the aesthetic qualities that contribute to the city s unique character and the economic such qualities attract; (13) Helping differentiate streets and other areas of the public realm from private lands; (14) Providing additional improvements to air quality through the oxygen production and carbon dioxide uptake provided by trees and landscaping; and (15) Providing visual screening, where appropriate. June 2010 Page 6-44 City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

3 (C) GENERAL REQUIREMENTS FOR LANDSCAPING (1) Applicability of Landscaping Standards 372 a. General Article 23-6: Development Standards Section (C): General Requirements for Landscaping Except where expressly exempted, these standards shall apply to all development in the city. b. Review for Compliance Review for compliance with the standards of this section shall occur during review of an application for approval of a Site Plan (Section (E)), Conservation Subdivision Preliminary Plat (Section (F)(5)), Major Subdivision Preliminary Plat (Section (F)(6)), or Certificate of Zoning Compliance (Section (L)), as appropriate. c. Existing Development 1. Change in Use Any change in use of an existing development shall provide any additional off-street landscaping required for the new use to comply with this section. 2. Expansion and Enlargement If an existing structure or use is expanded or enlarged (in terms of the number of dwelling units, floor area, number of employees, seating capacity, or other size unit), additional landscaping shall be provided in accordance with the requirements this section to serve the expanded or enlarged part of the structure or use. 3. Upgrading of Nonconforming Landscaping 373 Nonconforming landscaping on the site of a remodeled structure or expanded structure shall comply with the requirements of this section in accordance with the standards of Section , Nonconforming Site Features. (2) Landscape Plans Required 374 To ensure compliance with the standards of this section, a landscape plan demonstrating how landscaping will be planted on a development site shall be included as a part of any application for approval of a Major Site Plan (Section (E)), Conservation Subdivision Preliminary Plat (Section (F)(5)), Major Subdivision Preliminary Plat (Section (F)(6)), or Certificate of Zoning Compliance (Section (L)), as appropriate. Landscape plans shall be prepared in accordance with the requirements in the Administrative Manual. 372 Current landscaping, buffer, and screening standards do not apply to single- or two family dwellings. The new general landscaping standards do not include such an overall exemption, though they do exempt single-family detached dwellings (and other minor residential development) from landscaping standards for parking areas, perimeter buffers, screening of refuse containers, and site landscaping. Current standards also do not apply to changes in use unless they involve increased parking requirements, or to additions of less than 25% of the existing floor area, or to reconstruction or remodeling whose cost is less than 50% of the structure s replacement cost. 373 The current LDO requires additional parking spaces provided for expansions to equal at least 85% of the total number of parking spaces required for the entire development. As proposed in Module One, Section provides a sliding scale by which nonconforming parking is upgraded closer to full compliance proportionally to the degree of expansion (or remodeling). We believe this approach is fairer and more effective at achieving ultimate compliance with parking standards, especially with small existing businesses that wish to expand. 374 This is a new provision that requires all major development applications subject to the landscaping standards to include a landscape plan showing compliance with the landscaping standards. City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-45

4 Section (C): General Requirements for Landscaping (3) New Planting Standards 375 New plantings provided in accordance with this section shall comply with the following standards: a. Minimum Size at Time of Planting 1. At the time of planting, deciduous and evergreen canopy or shade trees shall have a caliper of at least two inches, as determined in the American Standard for Nursery Stock, ANSI Z , as amended, and shall be at least eight feet in height above ground level. 2. At the time of planting, understory, small maturing, or ornamental trees shall have a caliper of at least one-and-one-half inches, as determined in the American Standard for Nursery Stock, ANSI Z , as amended, and shall be at least six feet in height above ground level. 3. Large deciduous or evergreen shrubs shall be upright in nature and be a minimum of 24 inches in height at the time of planting. 4. Small deciduous and evergreen shrubs shall be at least 15 inches in height at the time of planting. 5. Where an aggregate caliper inch (ACI) requirement is utilized to derive a required amount of vegetation, and the ACI figure includes a fraction, an applicant may: A. Utilize a tree or trees with a caliper inch measurement exceeding the minimum size at planting standard to meet the required ACI; or Figure (C)(3): Minimum New Planting Standards B. Round the ACI figure upwards until the figure corresponds with a whole number of trees meeting the minimum size at time of planting standard. 6. When trees exceeding the minimum size at time of planting standard are proposed, the minimum calipers of such trees shall be clearly noted on the PD Master Plan, Site Plan, or Preliminary Plat, as appropriate. 375 This sets out standards for new plantings that include: minimum size standards for canopy trees and understory trees (based on caliper and height), and for shrubs (based on height); minimum standards for the types and quality of planting materials; and minimum standards for plant diversity. June 2010 Page 6-46 City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

5 Section (C): General Requirements for Landscaping 7. Where application of the requirements in this subsection results in a fraction in the number of shrubs to be provided, the minimum number of shrubs or trees to be provided shall be rounded upwards to the next highest whole number. (See Figure (C)(3), Minimum New Planting Standards.) b. Plant Materials 1. All planting materials shall correspond to the approved materials listed in the Administrative Manual, unless alternative materials are proposed as part of an alternative landscape plan (See Section (I), Alternative Landscaping Plan.). 2. All landscape plant materials shall conform to the latest version of the American Standard of Nursery Stock (ANSI Z60.1, as amended). Plant material shall be of standard quality or better, true to name and type of species or variety. 3. The use of native, drought tolerant vegetation is encouraged to reduce dependency upon irrigation. c. Plant Diversity 376 To curtail the spread of disease or insect infestation in a plant species, new tree plantings shall comply with the following standards: 1. When fewer than 20 trees are required on a site, at least two different species shall be utilized, in roughly equal proportions. 2. When more than 20 but fewer than 40 trees are required to be planted on a site, at least three different species shall be utilized, in roughly equal proportions. 3. When 40 or more trees are required on a site, at least four different species shall be utilized, in roughly equal proportions. 4. Nothing in this subsection shall be construed to prevent the utilization of a larger number of different species than specified above. (4) Existing Vegetation Existing healthy, well-formed canopy and understory trees as well as healthy shrubs shall be credited toward the requirements of this section, provided the vegetation meets the minimum size standards of this Ordinance, and is protected before and during development of the site in accordance with Section (H), Tree Protection during Construction, and maintained thereafter in a healthy growing condition. (5) Stabilization All required landscape planting areas shall be stabilized and maintained with lawn, ground covers, mulches, or other approved materials to prevent soil erosion and allow rainwater infiltration. (6) Berms 377 All berms shall comply with the following design standards: a. Berms shall have a slope not exceeding a horizontal to vertical ratio of two to one, a top width at least one-half the berm height, and a height at least eight feet above the toe of the berm. 376 A diversity of plants reduces the likelihood that a substantial portion of landscaping will be lost to any one plant disease, thereby better ensuring that the landscaping survives. 377 This provision adds new minimum standards for berms used for landscaping. City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-47

6 Section (D): Vehicular Use Area Landscaping b. All berms, regardless of size, shall be stabilized with a ground cover or other suitable vegetation. c. Berms proposed to be placed along street rights-of-way shall be designed and constructed to provide adequate sight distances at intersections and shall not impair safe operation of vehicles. d. In no case shall berms damage the roots or trunks of existing healthy vegetation designated to be preserved. (7) Easements Nothing except groundcover shall be planted or installed within any underground or overhead utility, drainage, or gas easement, or within three feet of a fire protection system, without the consent of the utility provider, easement holder, or the city, as appropriate. (D) VEHICULAR USE AREA LANDSCAPING 378 Except where exempted by Section (D)(1), Exemptions, all vehicular use areas shall include landscaping both within the interior of the vehicular use area and around its perimeter, as a means of mitigating the parking area s microclimate and visual impacts. (1) Exemptions The following uses shall be exempt from the standards of this subsection: a. Single-family detached residential development; b. Two-family dwellings; c. Three- to four-family dwellings; d. Manufactured homes; and e. Off-street surface vehicular use areas with five or fewer spaces. (2) Interior Landscaping Standards Vehicular use area shall provide and maintain landscaped planting areas within the interior of the vehicular use area in accordance with the standards in this subsection. These standards shall not apply to parking structures or vehicle display areas. a. Configuration Interior planting areas shall be designed in accordance with the following standards: 1. Islands shall be located at the end of parking bays and have an area of at least152 square feet for single-loaded parking bays, and at least 304 square feet for double-loaded bays This subsection carries forward, consolidates, and revises the interior and perimeter landscaping standards for vehicle use areas in current Sections , (b), and (f). The amount of parking lot landscaping is increased. Current standards apply only to vehicle use areas with an area greater than 5,000 sq. ft. They require landscaping to occupy at least 10 % of the vehicle use area, and require 1 landscaped island and tree per 20 parking spaces. The new standards lower the threshold of applicability (5 parking spaces), require landscape islands at the end of parking bays, require organization of large parking areas into modules separated by landscaped islands, set minimum rates for trees based on the modern concept of aggregate caliper inches (ACI), require a canopy tree within 60 feet of every parking space, and require perimeter landscaping to screen parking areas. The new standards should provide clearer guidance as to how landscaping material should be best located to achieve the city s landscaping objectives. 379 These landscaped island size standards vary slightly from the current standards, to correspond to the standard parking space size. June 2010 Page 6-48 City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

7 Section (D): Vehicular Use Area Landscaping 2. Off-street surface parking areas with 500 or more spaces shall be organized into a series of smaller modules of 25,000 square feet or less per module, and be visually separated by continuous landscaped islands at least 11 feet wide that contain pedestrian pathways located at least every six parking bays. 3. Landscaped planting areas shall be distributed throughout the parking area for the purpose of heat abatement. 4. Driveway medians with shrubs shall be at least four feet wide and six feet and driveway medians with shrubs and understory trees shall be at least six feet wide. 5. No parking space shall be separated from the trunk of a deciduous canopy tree by more than 60 feet. Perimeter vehicular use area landscaping or other required landscaping may be used to meet this requirement Each interior planting island shall contain canopy or understory trees at the minimum rate of one-and-one-half aggregate caliper inches (ACI) per every 152 square feet, or portion thereof, of the total vehicular use area. (See Figure (G)(3)b, Vehicular Use Area Configuration.) b. Screened Backfill Soil utilized in vehicular use area islands, driveway medians, and other areas internal to a vehicular use area shall be screened prior to deposition in planting areas. c. Protection of Planting Areas All planting areas shall be protected from vehicle damage by the installation of curbing, wheel stops, or other comparable methods. This standard shall not prohibit the use of planting areas as on-site stormwater management devices. (3) Perimeter Landscaping Strips 381 Where a vehicular use area serving a use subject to these standards abuts a street right-of-way, vacant land, or any other development (except another vehicular use area), perimeter landscaping strips shall be provided and maintained between the vehicle use area and the abutting right-of-way or property line in accordance with the following standards. (See Figure (D)(3), Perimeter Landscaping Strip.) a. Location 1. Perimeter landscaping strips shall be located on the same land as the vehicular use area, and shall be placed to assure visibility and safety of pedestrians on the public street and within the vehicular use area. 2. Perimeter landscaping strips may not be placed within future street rights-of-way as identified in the adopted Biloxi Thoroughfare Plan. 380 This requirement should result in a slightly greater number and more even distribution of trees than the current standards (and thus greater shading). 381 Current Sections (b)(1) and (F) require a perimeter landscaping strip that includes a tree every 35 feet and a 6-foot-high fence, wall, or hedge screen between the parking area and any adjoining residential use or zoning. The new standards require 3-foot-high vegetative screening around all parking areas plus at least 8 ACI of canopy trees per 100 feet. The screening height is limited to facilitate police surveillance of parking lots. If a surface parking lot abuts single-family development, the development would be subject to transitional standards, which prioritize locating parking lots away from abutting single-family development. The new standards also provide incentives for locating parking to the side or rear of buildings, shared parking arrangements, and use of pervious surfacing materials. City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-49

8 Section (D): Vehicular Use Area Landscaping b. Minimum Width When a vehicular use area is located within 50 feet of a street right-of-way, the perimeter landscaping shall be located within a planting strip at least eight feet wide. In all other instances, the strip shall be the minimum width necessary to assure required landscaping is not damaged by vehicles or other onsite activity. In no instance shall the strip be less than three feet wide. c. Continuous, Opaque Visual Screen Required Perimeter landscaping strips shall form a continuous, opaque visual screen, excluding required sight clearances at driveways. d. Protection of from Vehicular Damage The perimeter landscaping strip shall be protected from vehicular damage by the installation of curbing, wheel stops, extra width in the landscaping strip, or other method approved by the Director of Community Development. e. Planting Height 1. Shrubs associated with the perimeter landscaping strip shall be maintained at a minimum height of three feet above the surface elevation of the adjacent vehicular use area within four years of planting. To allow security surveillance of parking areas, the maximum height of shrubs in the perimeter landscaping strip shall be five feet. 2. The perimeter landscaping strip shall allow compliance with all city, state, and federal highway sight distance standards. f. Required Materials 1. Evergreen shrubs shall be used to form the continuous, opaque visual screen in the perimeter landscaping strip. 2. In addition to the evergreen shrub requirements, each perimeter Figure (D)(3): Perimeter Landscaping Strip landscaping strip shall include at least eight aggregate caliper inches (ACI) of canopy trees per 100 linear feet of landscaping strip. Understory trees may be used beneath overhead utilities. g. Adjacent to Perimeter Buffers (4) Incentives Perimeter landscaping strips associated with a vehicle use area may be credited towards perimeter buffer standards (See Section (E), Perimeter Buffers.), provided the minimum buffer standards of this section are met. a. The total aggregate caliper inch (ACI) requirements for canopy and understory trees in this June 2010 Page 6-50 City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

9 Section (E): Perimeter Buffers subsection may be reduced by five percent when: 1. At least 30 percent of the required parking is located to the side or rear of the building; 2. At least 30 percent of the total required parking is subject to a shared parking agreement (See Section (H)(2), Shared Parking;); or 3. Pervious parking surfacing is used for 20 percent or more of the total vehicular use area. b. Nothing shall prohibit the combination of these incentives or the resulting cumulative reduction in the amount of required tree ACI. (E) PERIMETER BUFFERS 382 (1) Purpose and Intent Perimeter landscape buffers are intended to mitigate potential negative effects of contiguous uses in different zoning districts. (2) Applicability Except for single-family detached dwellings and uses in the Downtown (DT) district, all development shall provide a perimeter landscape buffer to separate it from a different existing use on abutting land, or from vacant abutting land in a different zoning district, in accordance with Table (E)(3), Buffer Types, and Table (E)(4), Buffer Type Application. (3) Types of Buffers Table (E)(3), Buffer Types, describes four different types of perimeter buffer in terms of their function, opacity, width, and planting requirements. Where a particular buffer type is required in Table (E)(4), Buffer Type Application, the requirement may be met with the combination of minimum buffer width and minimum screening requirements specified under either Option 1 or Option 2. The option used shall be designated on the site plan for the development. Where an option utilizing a berm or fence is selected, the berm or fence shall comply with the standards of Section (C)(6), Berms, or Section , Fences and Walls, as appropriate. TABLE (E)(3): BUFFER TYPES ACI = AGGREGATE CALIPER INCHES BUFFER TYPE AND CONFIGURATION OPTION 1: MINIMUM WIDTH 20 FEET This perimeter buffer functions as basic edge demarcating individual properties with a slight visual obstruction from the ground to a height of ten feet. TYPE A - BASIC MINIMUM SCREENING REQUIREMENTS WITHIN PERIMETER BUFFER 1,2,3,4 OPTION 2: MINIMUM WIDTH 10 FEET 5 2 ACI of canopy trees + 10 ACI of understory trees + 15 shrubs per 100 linear feet 382 Section of the current LDO establishes 2 options for meeting perimeter buffer requirements: a 10-foot wide buffer with 80% screening,; and a 20-foot wide buffer with 80% screening. They also provide little guidance on how to achieve the 80% screening. The new standards provide 8 options for meeting perimeter buffer requirements. They retain the 10- and 20-foot minimum widths, but establish 4 buffer types, defined by the level of screening, for each. Each buffer type is defined by specific planting or alternative screening standards. In addition to providing developers more options for meeting buffer requirements, this allows buffer requirements to be better tailored to the various relationships between adjoining uses. It also provides more guidance on how the buffers are to be met, yet provides additional flexibility through the use of ACI-based standards. City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-51

10 Article 23-6: Development Standards Section (E): Perimeter Buffers TABLE (E)(3): BUFFER TYPES ACI = AGGREGATE CALIPER INCHES MINIMUM SCREENING REQUIREMENTS WITHIN PERIMETER BUFFER 1,2,3,4 BUFFER TYPE AND CONFIGURATION OPTION 1: OPTION 2: MINIMUM WIDTH 20 MINIMUM WIDTH 10 FEET FEET 5 TYPE B - AESTHETIC This perimeter buffer functions as an intermittent visual 8 ACI of canopy trees ACI of canopy trees +14 obstruction from the ground to a height of at least 20 ACI of understory trees + ACI understory trees + 35 feet, and creates the impression of spatial separation 15 shrubs per 100 linear shrubs per 100 linear feet without eliminating visual contact between uses. feet TYPE C - SEMI-OPAQUE One 4-foot-high berm or 12 ACI of canopy trees + one 4-foot-high solid fence 14 ACI of understory trees This perimeter buffer functions as a semi-opaque screen + 2 ACI of canopy trees + from the ground to at least a height of six feet shrubs per 100 linear 16 ACI understory trees feet per 100 linear feet TYPE D OPAQUE This perimeter buffer functions as an opaque screen from 18 ACI of canopy trees + One 6-foot-high solid fence the ground to a height of at least six feet. This type of 20 ACI of understory trees + 12 ACI of canopy trees buffer prevents visual contact between uses and creates a + 55 shrubs per 100 linear per 100 linear feet strong impression of total separation. feet NOTES: 1. Any required perimeter buffer width can be reduced to five feet with the provision of a solid masonry wall at least five feet in height, along with ten large shrubs per every 100 linear feet. 2. Perimeter buffer widths (but not vegetation amounts) may be reduced in accordance with Section (Q), Administrative Adjustment. 3. Where an adjacent use is designed for solar access, understory trees can be substituted for canopy trees. 4. Berms shall comply with the standards in Section (C)(6), Berms, and fences and walls shall comply with the standards in Section , Fences and Walls. Figure (E)(3)a: Example of a Type A (Basic) Buffer June 2010 Page 6-52 Figure (E)(3)b: Example of a Type B (Aesthetic) Buffer City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

11 TABLE (E)(3): BUFFER TYPES ACI = AGGREGATE CALIPER INCHES BUFFER TYPE AND CONFIGURATION OPTION 1: MINIMUM WIDTH 20 FEET Article 23-6: Development Standards Section (E): Perimeter Buffers MINIMUM SCREENING REQUIREMENTS WITHIN PERIMETER BUFFER 1,2,3,4 OPTION 2: MINIMUM WIDTH 10 FEET 5 Figure (E)(3)c: Example of a Type C (Semi-Opaque) Buffer Figure (E)(3)d: Example of a Type D (Opaque) Buffer EXISTING USE TYPE ON ABUTTING LAND Single-Family Detached Dwelling All Other Residential 4 Mixed-Use & Public and Institutional (4) Buffer Type Application 383 Table (E)(4), Buffer Type Application, specifies the type of perimeter landscape buffer that new development shall provide between it and adjacent property, based on the proposed use type on the development site and the existing use type on the abutting property or the zoning district in which abutting vacant property is located. The buffer type is indicated by a letter corresponding to one of the four buffer types depicted in Table (E)(3), Buffer Types. TABLE (E)(4): BUFFER TYPE APPLICATION 1 A = TYPE A BUFFER B = TYPE B BUFFER C = TYPE C BUFFER D = TYPE D BUFFER n/a = NOT APPLICABLE (no buffer required) ZONING OF ABUTTING VACANT LAND A, RE, RER, RS-10, RS- 7.5, RS-5 RM-10, RM- 20, RM-30, RMH SINGLE- FAMILY DETACHED RESIDENTIAL ALL OTHER RESIDENTIAL PROPOSED USE TYPE 2,3 MIXED-USE & PUBLIC AND INSTITUTIONAL COMMERCIAL INDUSTRIAL n/a A B C D n/a n/a A B D LB, NB n/a n/a n/a A D Commercial CB, RB, DT, WF n/a n/a n/a n/a C Industrial I n/a n/a n/a n/a n/a 383 Instead of applying buffer requirements based on the zoning of the development site and the abutting property, the new standards base buffer requirements on the proposed use and the existing use on abutting property (or the zoning of abutting vacant property). They also provide that development abutting vacant property need only provide half the required screening. City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-53

12 Section (E): Perimeter Buffers TABLE (E)(4): BUFFER TYPE APPLICATION 1 A = TYPE A BUFFER B = TYPE B BUFFER C = TYPE C BUFFER D = TYPE D BUFFER n/a = NOT APPLICABLE (no buffer required) PROPOSED USE TYPE 2,3 EXISTING USE ZONING OF SINGLE- TYPE ON ABUTTING MIXED-USE & FAMILY ALL OTHER ABUTTING VACANT PUBLIC AND COMMERCIAL INDUSTRIAL DETACHED RESIDENTIAL LAND LAND INSTITUTIONAL RESIDENTIAL NOTES: 1. Letters in cells correspond to the buffer types depicted in Table (E)(3), Buffer Types. 2. Development in PD districts is subject to perimeter buffer requirements in the PD district standards. Where development is proposed next to an existing PD district having no perimeter buffer, the proposed development shall provide a perimeter buffer that is consistent with the type of buffer required for an abutting use comparable to the use type of the PD district as a whole. 3. Multifamily, single-family attached or townhouse, multi-building campus, or shopping center developments shall provide buffers around the perimeter of the development instead of around individual buildings. 4. Manufactured home parks shall provide a perimeter buffer around the park in accordance with the standards in Section (B)(1)i, Manufactured Home Park. (5) Development Abutting Existing Buffer Where a developing parcel abuts an existing use and application of a perimeter buffer is required by Table (E)(4), Buffer Type Application, the developing parcel shall provide the entire minimum perimeter buffer width and screening required by Table (E)(3), Buffer Types, unless a portion or all of a perimeter buffer that complies with the standards of this section already exists between the parcels. Where such an existing buffer does not fully comply with the width and screening standards for the required buffer type, the developing parcel shall be responsible for providing all the additional buffer width and planting material necessary to meet the standards of this section. (6) Location of Buffers Perimeter buffers required by this section shall be located along the outer perimeter of the parcel and shall extend to the parcel boundary line or right-of-way line; however, the perimeter buffer may be located along shared access easements between parcels in nonresidential developments. (7) Development within Required Buffers a. The required buffer shall not contain any development, impervious surfaces, or site features (except fences or walls) that do not function to meet the standards of this section or that require removal of existing vegetation, unless otherwise permitted in this Ordinance. b. Sidewalks, trails, and other elements associated with passive recreation may be placed in perimeter buffers if all required landscaping is provided and damage to existing vegetation is minimized to the maximum extent practicable. c. Overhead and underground utilities required or allowed by the city are permitted in buffers, but shall minimize the impact to vegetation, to the maximum extent practicable. Where required landscaping material is damaged or removed due to utility activity within a required buffer, the landowner shall be responsible for replanting all damaged or removed vegetation as necessary to ensure the buffer meets the standards in this Ordinance. (8) Sight Triangles No fencing, berms, walls, or other landscaping features may exceed a height of three feet above grade within required sight triangles for streets, alleys, or driveways. June 2010 Page 6-54 City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

13 (9) Credit for Existing Vegetation Article 23-6: Development Standards Section (F): Street Trees Existing vegetation located within the perimeter buffer area that meets the size standards of Section (C)(3), New Planting Standards, may be preserved and credited toward the perimeter buffer standards. (10) Credit for Required Landscaping Required landscaping associated with perimeter landscaping around a vehicular use area or stormwater pond, or with required screening located within ten feet of the perimeter buffer, may be credited towards the perimeter buffer requirements of this subsection. (F) STREET TREES 384 (1) Where Required Except in the following circumstances, street trees shall be required along both sides of all streets except alleys. a. Development of Agricultural uses in the A, RE, and RER districts; or b. Development of a lot in a residential subdivision where there are no street trees on the block face. (2) Location Street trees shall be planted between the back of the curb and the sidewalk, and shall be located at least three feet from the edge of the pavement. (3) Configuration a. Street trees shall be canopy trees except beneath overhead utilities or other projections into the public right-of-way, where understory trees shall be located. b. Within the Downtown (DT) district and other urbanized areas where planting strips behind the curb do not exist or are impractical, street trees shall be located within tree pits of at least 25 square feet in size. Tree pits may be located adjacent to the back of the curb. c. All trees planted along rights-of-way maintained by the Mississippi Department of Transportation (MDOT) shall conform to MDOT guidelines. (4) Maximum On-Center Spacing a. Canopy trees shall be spaced between 40 and 50 feet on center. (See Figure (F)(4), Street Tree Spacing.) b. Understory trees shall be spaced between 20 and 30 feet on center; 384 In accordance with recommendations in the Diagnosis/Annotated Outline, this new subsection adds a requirement for provision of street trees between the back of the curb and the sidewalk along all streets. Exceptions are provided for agricultural uses and residential lots on blocks where street trees do not exist. City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-55

14 Section (G): Screening Figure (F)(4): Street Tree Spacing c. Wherever possible, small and medium trees shall be placed between large trees to accommodate the canopy growth of large trees over time. (G) SCREENING 385 (1) General Requirements In addition to the other forms of required landscaping, screening shall be required to conceal specific areas of high visual or auditory impact or hazardous areas from off-site views. Such areas shall be screened at all times, unless otherwise specified, regardless of adjacent uses, districts, or other proximate landscaping material. (2) Items to be Screened The following areas shall be screened in accordance with this section: a. Large waste receptacles (e.g., dumpsters and cardboard recycling containers) and refuse collection areas; b. Loading and service areas; c. Outdoor storage areas (including, but not limited to, inoperable vehicles, appliances, tires, manufactured homes, building materials, equipment, raw materials, and above-ground storage tanks) located within 200 feet of a public right-of-way; and 385 This subsection largely carries forward the current screening requirements in Section (c)-(e) for dumpsters, loading and service areas, and ground-level mechanical equipment, but extends the screening requirement to outdoor storage areas (as discussed in the Diagnosis/Annotated Outline) and uses more performance-based standards. Screening of roof-mounted mechanical equipment is addressed in the building design standards in Sections and June 2010 Page 6-56 City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

15 Section (G): Screening d. Ground-level mechanical equipment and utility meters. (3) Screening Methods a. The following items are permitted for use as screening materials, and more than one method may be used on a development site. 1. Vegetative materials that provide a fully opaque screen to the minimum height necessary to fully screen the facility from off-site views; or 2. An opaque fence or wall consistent with the standards in Section , Fences and Walls. b. Alternative screening materials that are not listed, or alternative configurations, may be proposed as part of an alternative landscaping plan (See Section (I).), if the alternative materials or configuration provide an equivalent or superior screening function. (See Figures (G)(3)a, Screening Methods (General) and (G)(3)b, Screening Methods (Detail).) Figure (G)(3)a: Screening Methods (General) Figure (G)(3)b: Screening Methods (Detail) (4) Configuration of Vegetative Materials Where vegetative materials are used for screening a site feature in accordance with this subsection, the vegetative materials shall: a. Be planted around the perimeter of the site feature in a manner that screens it from all off-site views; City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-57

16 Section (H): Stormwater Pond Landscaping b. Be configured in two staggered rows or other arrangement that provides maximum screening; c. Consist of upright, large, evergreen shrubs capable of reaching at least six feet in height within three years of planting; and d. Be spaced no farther than three feet on-center. (5) Large Waste Receptacles and Refuse Collection Areas Except for facilities serving individual single-family detached dwellings, two-family dwellings, three- to fourfamily dwellings, manufactured homes, and un-manned uses that do not generate any waste, all large waste receptacles and refuse collection areas shall be subject to the following standards. a. Depicted on Master Plans or Site Plans The location and configuration of screening for large waste receptacles and refuse collection areas shall be depicted on all PD master plans and Site Plans. b. Screening Configuration Where access to large waste receptacles and refuse collection areas faces a public right-of-way, the accessway shall be screened with an opaque gate. Chain link shall not be used for such gates. c. Setbacks Large waste receptacles and refuse collection areas shall be set back at least five feet from a side or rear lot line, and shall not be located within front or corner side setback area. d. Surfacing Requirements Areas intended for large waste receptacles and refuse collection shall be surfaced with concrete that meets or exceeds minimum standards in the Administrative Manual. e. Drainage Eating establishments and other uses that produce significant amounts of liquid waste shall configure areas intended for large waste receptacles and refuse collection to drain to the sanitary sewer system through grease traps or similar devices as required by the Director of Public Works. (H) STORMWATER POND LANDSCAPING 386 (1) Purpose These provisions are intended to encourage stormwater retention or detention ponds to be located and configured as an open space amenity within a development site, as opposed to configuration as a utility facility. The standards do not prohibit configuration of the pond as a utility feature (instead of an amenity), but when configured as a utility, a stormwater retention or detention pond shall be fully screened from all off-site and on-site views. 386 As discussed in the Diagnosis/Annotated Outline, this new subsection is intended to encourage integration of retention and detention ponds into a site s design as open space amenities. It allows those ponds so designed to be credited towards meeting open set-aside requirements. Stormwater ponds not designed as site amenities must be surrounded by landscaped fencing. June 2010 Page 6-58 City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

17 Section (H): Stormwater Pond Landscaping (2) Configured as a Site Amenity a. In General Stormwater retention or detention ponds are considered as a site amenity when such features are integrated with the design and location of the other site features (instead of being located in a peripheral location), are designated as a site amenity on the site plan or utility plan for the development, and: 1. Avoid the use of fencing that is higher than 30 inches; 2. Include shrubs and other vegetative material comparable to that used in other areas of the site; 3. Provide pedestrian access to and around the facility, where practicable; 4. Maintain gentle slopes of 3:1 or less in the area around the facility; 5. Avoid rip-rap or stone weirs within areas visible around the facility; 6. Incorporate some form of fountain or other visible water circulation device; 7. Are configured to avoid sharp drop-offs within three feet of the average water line; and 8. Incorporate seating or other use areas. b. Credit towards Open Space Set-Asides Land area occupied by stormwater management devices, including retention or detention ponds shall be counted towards the open space set-aside requirement (See Section , Open Space Set- Aside.), when such features are treated as a site amenity and support passive or active recreation uses. (3) Configured as a Utility Stormwater retention or detention ponds configured as a utility feature (instead of a site amenity) shall comply with the following requirements: a. Fencing 1. Stormwater retention or detention ponds shall be surrounded by a green or black vinyl-coated chain-link fence at least four feet high. All fences shall provide a securable entrance gate. 2. Fences around stormwater ponds shall not be required when the site containing the pond is entirely surrounded by a fence at least six feet high. b. Screening 1. Shrubs All fencing associated with a stormwater retention or detention pond, except gates, shall be fully screened by large evergreen shrubs capable of reaching at least four feet in height within three years of planting. Shrubs shall be planted with no more than five feet on-center. 2. Understory Trees In addition to large shrubs, understory trees shall be planted 50 feet on-center around stormwater retention or detention ponds. City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-59

18 Section (I): Alternative Landscape Plan (I) ALTERNATIVE LANDSCAPE PLAN 387 (1) General An alternative landscape plan may be approved where a deviation from the landscaping standards in this section, or the tree protection standards in Section , Tree Protection, is justified because of site or development conditions that make compliance with such standards impossible or impractical. Such conditions may include: a. Natural conditions, such as streams or topography; b. The likelihood that landscaping material would be ineffective at maturity due to topography, placement, or other existing site conditions; c. Lot size or configuration; d. The presence of utility or other easements; e. The potential for interference with public safety; and f. Other situations where strict adherence to the landscaping or tree protection standards in this Ordinance are determined to be impractical by the Director of Community Development. (2) Submittal and Review An applicant may submit an alternative landscape plan as part of an application for approval of a Site Plan (Section (E)), Conservation Subdivision Preliminary Plat (Section (F)(5)), Major Subdivision Preliminary Plat (Section (F)(6)), or Certificate of Zoning Compliance (Section (L)), as appropriate. With input from other city staff, the Director of Community Development shall review and approve an alternative landscape plan if it meets the purpose and intent of the landscaping standards in Section , Landscaping Standards, or Section , Tree Protection, as appropriate. (3) Allowable Deviations Allowable deviations from the standards of this section include, but are not limited to, the following: a. Reduced Planting Rates due to Public Facilities An adjustment to planting locations or reduction of up to 20 percent in the type or total number of required caliper inches may be allowed when underground connections to public facilities or public utilities, or public easements or rights-of-way, are located on or in close proximity to the parcel. b. Reduction in Standards due to Nature of Parcel A reduction in the count, spacing, or species diversity standards by up to 20 percent may be allowed when desirable in terms of enhanced protection of existing natural resources, greater consistency with the goals of the comprehensive plan, or a site design that exceeds the quality of what would otherwise result under a strict application of the standards in this Ordinance. 387 As discussed in the Diagnosis/Annotated Outline, this subsection enhances the flexibility provided by the current LDO s authorization of adjustments of landscaping standards (Section ) by allowing developers to propose and obtain approval of alternative landscaping that meets the purpose and intent of the standards in this section. June 2010 Page 6-60 City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

19 Section (J): Other Landscaping Standards (J) OTHER LANDSCAPING STANDARDS 388 (1) Time for Installation of Required Landscaping a. Time Limit All required landscaping (including mulching and seeding) shall be installed in accordance with the required planting standards set forth in this section before issuance of a Certificate of Occupancy unless the Director of Community Development grants an extension to this time limit in accordance with Section (J)(1)b, Extensions. b. Extensions 1. The Director of Community Development may, for good cause shown, grant extensions to the above time limit, allowing a developer/owner to delay the installation of required landscaping. Circumstances that may warrant an extension include, but are not limited to, the following: A. Unusual environmental conditions, such as drought, cold weather, hurricanes, or oversaturated soil (deep mud); B. The inappropriateness of the current season for planting the approved plant species; C. Evidence that the approved plant species or required plant sizes are not commercially available and cannot be substituted within a reasonable time despite an applicant s diligent effort to secure the required materials; or D. Completion of utility work occurring in a proposed landscaped area that is incomplete or delayed. 2. No extension to the time limit shall be granted unless a performance guarantee in accordance with the requirements in Section , Performance and Maintenance Guarantees, is in place to ensure that all landscaping standards will be met at a predetermined later date. 3. On receiving a performance and maintenance guarantee, the city may issue a temporary Certificate of Occupancy for a period of up to 180 days. (2) Maintenance of Landscaping Materials The owner shall be responsible for the maintenance of all landscape areas not in the public right-of-way. Such areas shall be maintained in accordance with the approved landscape plan or alternative landscape plan and shall present a healthy and orderly appearance free from refuse and debris. All plant life shown on an approved landscape plan or alternative landscape plan shall be replaced if it dies, is seriously damaged, or is removed. a. Damage Due to Natural Occurrence If any vegetation or physical element functioning to meet the standards of this section is severely damaged due to an unusual weather occurrence, natural catastrophe, or other natural occurrence such as damage by wild or domestic animals, the owner or developer may be required to replant or replace the vegetation or element if the landscaping standards are not being met. The owner shall have one growing season to replace or replant. In determining the extent of replanting or replacement required, the Director of Community Development shall consider the type and location of the landscape buffer or required vegetation area as well as the propensity for natural re-vegetation. 388 This subsection builds on the installation and maintenance provisions in Section (4) of the current LDO. City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-61

20 Section (J): Other Landscaping Standards b. Protection during Operations The owner or developer shall take actions to protect trees and landscaping from unnecessary damage during all facility and site maintenance operations. Plants shall be maintained in a way that does not obstruct sight distances at roadway and driveway intersections, obstruct traffic signs or devices, or interfere with the use of bikeways, sidewalks, or pedestrian trails. c. Maintain Shape All required trees (whether canopy, understory, or otherwise) shall be maintained in their characteristic natural shape, and shall not be severely pruned, sheared, topped, or shaped as shrubs. Trees (including, but not limited to, crape myrtles) that have been severely pruned, sheared, topped, or shaped as shrubs no longer serve the intended buffering or screening function and shall be considered as damaged vegetation in accordance with Section (J)(2)a, Damage Due to Natural Occurrence, and shall be replaced within one growing season. d. Natural Death The natural death of existing vegetation within any required landscape area does not necessarily constitute a violation and does not require re-vegetation to replace the plant material unless the required landscape area no longer complies with the required standards of this section. In no instance shall this provision be construed to prevent re-planting if, in the opinion of the Director of Community Development, the required performance standard of the landscaping is not being met. e. Performance Guarantee All initial replacement landscaping shall be subject to a two-year performance guarantee that ensures proper replacement and maintenance, in accordance with Section , Performance and Maintenance Guarantees. (3) Monitoring of Compliance with Landscaping Standards a. Inspections before Certificate of Occupancy The Director of Community Development shall inspect a development site before issuance of a Certificate of Occupancy for the development and such certificate shall not be issued if the landscaping required under this section is not living or healthy or is not installed in accordance with the approved landscape plan or alternative landscape plan, or the provisions in Section (J)(1)b, Extensions. b. Inspections after First Year The Director of Community Development shall inspect a development site during the second growing season following the installation of required landscaping to ensure compliance with the approved landscape plan or alternative landscape plan, and to ensure that the landscaping is properly maintained. Failure to maintain required landscaping (trees and shrubs) in accordance with the standards of this subsection shall constitute a violation of this Ordinance. June 2010 Page 6-62 City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

21 Section : Tree Protection Section (B): Applicability 4. TREE PROTECTION 389 (A) PURPOSE AND INTENT The purpose and intent of this section is to: (1) Preserve the visual and aesthetic qualities of the city; (2) Encourage site design techniques that preserve the natural environment and enhance the developed environment; (3) Provide for a separation of uses and establish a sense of privacy; (4) Minimize the impact of incompatible land uses; (5) Reduce glare, dust, heat, and noise; (6) Preserve and enhance air and water quality; (7) Increase slope stability, and control erosion and sediment run-off into streams and waterways; (8) Conserve energy by reducing heating and cooling costs; and (9) Maintain and enhance the quality of life in the city. (B) APPLICABILITY (1) General Unless exempted in accordance with Section (B)(2), Exemptions, the standards in this section shall apply to all lands and development in the city. (2) Exemptions 390 The following tree removal activities are exempt from the standards of this section: a. The removal of dead or naturally fallen trees; b. The removal of diseased trees posing a threat to adjacent trees; c. The removal of pecan trees (Carya illinoinensis), Chinese tallow or popcorn trees (Sapium sebiferum), or trees belonging to the pine (Pinus) genus; 391 d. The selective and limited removal of trees or vegetation necessary to obtain clear visibility at 389 This section builds on the standards in Section (i)(3) of the current LDO, which refer to retention or provision of a minimum tree cover for a development site. The section lays out the process for determining a development s site s existing canopy tree cover, the proportion of existing tree cover to be retained, and priorities for the location and configuration of the retained existing tree cover ( tree protection zone ). It also includes standards for replacement of trees removed from tree protection zones, expands standards for protecting trees during construction, and offers developers incentives for preserving more trees on a development site. 390 This subsection expands exemptions to include existing single-family development, agricultural, and forestry activities, as well as the removal of dead, dying, and diseased trees. 391 This carries forward the trees exempted from protection in the current LDO, plus pecan trees City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-63

22 Section : Tree Protection Section (F): Retention of Existing Tree Canopy driveways or intersections; e. Removal of trees on lots within the Downtown (DT) or Waterfront (WF) district; f. Removal of trees by the federal or state government as necessary to maintain safe operations; g. Silvicultural activities undertaken in accordance with best management practices for forestry in Mississippi established by the Mississippi Forestry Commission; and h. Agricultural activities undertaken in accordance with agricultural best management practices for Mississippi established by the Mississippi Department of Environmental Quality. (C) TREE PERMIT REQUIRED No removal of existing trees on a parcel of land or a development site shall occur before approval of a Tree Permit (Section (I)) unless in accordance with the unexpired approval of a Site Plan (Section (E)), Preliminary Plat (Section (F)), Certificate of Appropriateness (Section (G)), Public Works Permit (Section (H)), or Certificate of Zoning Compliance (Section (L)), as appropriate. (D) RESPONSIBILITY FOR COMPLIANCE Failure to comply with the standards of this section is a violation of this Ordinance subject to the remedies and penalties in this section and Article 23-9: Enforcement. (E) EXISTING TREE CANOPY DEFINED For the purposes of this section, existing tree canopy consists of the crowns of all healthy self-supporting canopy trees with a diameter at breast height (DBH) of ten inches or greater and the crowns of all healthy self-supporting understory trees with a caliper size of four inches or greater provided, however, that existing tree canopy shall not include the crowns of pecan trees (Carya illinoinensis), Chinese tallow or popcorn trees (Sapium sebiferum), or trees belonging to the pine (Pinus) genus. (F) RETENTION OF EXISTING TREE CANOPY 392 (1) Requirement A portion of the existing tree canopy shall be retained and protected during and after development in accordance with Table (F)(4), Existing Tree Canopy Retention Standards, and Section (F)(5), Establishment of Tree Protection Zone. (2) Process Description The standards in this section are applied as part of the following three-step process: a. Step 1 involves preparing an inventory of existing tree canopy on a development site and determining the percentage of the site covered by existing tree canopy ( existing tree canopy cover ) in accordance with Section (F)(3), Existing Tree Canopy Inventory Required. b. Step 2 involves determining the percentage of the site s existing tree canopy cover that is required to be retained and protected in accordance with Section (F)(4), Tree Canopy Retention Standards. 392 This subsection expands and clarifies the canopy preservation standards in Section (i)(3) of the current LDO, describing the process by which existing tree canopy cover is determined and the appropriate retention requirement applied to define a tree protection zone. It also provides standards for replacement of trees removed from a tree protection zone. June 2010 Page 6-64 City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

23 Section : Tree Protection Section (F): Retention of Existing Tree Canopy c. Step 3 involves determining the location(s) of those portions of the site s existing tree canopy that will be retained and protected in accordance with Section (F)(5), Establishment of Tree Protection Zone. (3) Existing Tree Canopy Inventory Required Before beginning any tree clearing, development work, or land disturbance, the owner of land subject to this section shall prepare and submit an inventory of existing tree canopy on the development site, subject to the following requirements: a. General The inventory shall identify areas on the development site covered by existing tree canopy and the percentage of the site so covered. Groups of trees in close proximity (i.e., within five feet of each other) may be designated as a clump of trees, with the predominant species, estimated number, and average diameter or circumference indicated. Known dead or diseased trees shall be identified, where practical. The inventory shall also depict any individual trees and areas of existing tree canopy that are proposed to be protected in accordance with this section. b. Accuracy Inventories for lots larger than one acre in size shall have an accuracy of plus or minus three feet. c. Use of Aerial Photo for Sites Larger Than Five Acres For a development site greater than five acres in size, an aerial photograph, or a print of equal quality, may be substituted for the inventory if it provides essentially the same information as the tree inventory. (4) Existing Tree Canopy Retention Standards a. Table (F)(4), Tree Canopy Retention Standards, establishes the minimum percentage of a development site s existing tree canopy cover that is required to be retained and protected, based on the site s existing tree canopy cover and its base zoning district designation. The table identifies minimum required tree canopy retention requirements for existing tree canopy cover at six percentage points (100%, 80%, 60%, 40%, 20%, and 0%). b. Where the existing tree canopy cover falls between two percentage points show on the table (e.g., 65%), the following calculations shall be undertaken to determine minimum required tree canopy retention. 1. In the A, RE, RER, and RS- districts, add 0.25 to the minimum required tree canopy retention percentage for each percentage point the existing tree canopy cover falls below a percentage point identified in the first column of the table. Example for where 65% of the development site is covered by existing tree canopy: Because 65% is 15 percentage points below the 80% existing tree canopy cover shown on the table, 15 x 0.25, or 3.75 percentage points, are added to the Figure (F)(4): Existing Tree Canopy Retention. City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-65

24 Section : Tree Protection Section (F): Retention of Existing Tree Canopy 24% minimum required tree canopy retention designated for an existing tree canopy cover of 80%, yielding a minimum required tree canopy retention of 27.75% (24% %) for an existing tree canopy cover of 65%. (See a graphic depiction of other examples in Figure (F)(4), Existing Tree Canopy Retention.) 2. In the RM-, RMH, LB, NB, and WF districts, the same calculation is made, except is added to the minimum required tree canopy retention percentage for each percentage point the existing tree canopy cover falls below a percentage point identified in the first column of the table. 3. In the CB, RB, and I districts, the same calculation is made, except 0.05 is added to the minimum required tree canopy retention percentage for each percentage point the existing tree canopy cover falls below a percentage point identified in the first column of the table. TABLE (F)(4): TREE CANOPY RETENTION STANDARDS EXISTING TREE CANOPY COVER (AS A PERCENTAGE OF TOTAL SITE AREA) 1 MINIMUM REQUIRED TREE CANOPY RETENTION (AS A PERCENTAGE OF TOTAL PRE-DEVELOPMENT TREE CANOPY COVER), BY DISTRICT 2 A, RE, RER, RS- RM DISTRICTS, RMH, CB, RB, I DISTRICTS LB, NB, WF 100% 19% 7% 3% 80% 24% 9.5% 4% 60% 29% 12% 5% 40% 34% 14.5% 6% 20% 39% 17% 7% 0% 44% 19.5% 8% NOTES: 1. Existing tree canopy cover is the percentage of a development site covered by existing tree canopy before development or land disturbing activities. 2. Minimum required tree canopy retention is the percentage of the existing tree canopy that must be retained during and after development or land disturbing activity. ILLUSTRATIVE EXAMPLE: The existing tree canopy inventory establishes that 65% of a 100,000-square-foot development site in the RS-10 district is covered by existing tree canopy. As shown in the example following provision 1 above, the minimum required tree canopy retention for the site is 27.75% of the existing canopy tree cover, or % of the total development site. (65% x 24.75% = 18.04%), yielding a tree protection zone of approximately 18,038 square feet. c. After the minimum required tree canopy retention is determined in accordance with Table (F)(4), Tree Canopy Retention Standards, a tree protection zone for the site shall be established in accordance with Section (F)(5), Establishment of Tree Protection Zone. (5) Establishment of Tree Protection Zone The tree protection zone is the area of a development site that includes the portions of the existing tree canopy cover (and the associated roots within the drip line of the canopy) that are required to be retained and protected in accordance with Table (F)(4), Tree Canopy Retention Standards. The tree protection zone is established in accordance with the following standards. (6) Protection of Tree Protection Zone a. Before approval of a Planned Development Master Plan (Section (C)), Site Plan (Section (E)), Preliminary Plat (Section (F)), Certificate of Appropriateness (Section (G)), Public Works Permit (Section (H)), or Certificate of Zoning Compliance (Section (L)), as appropriate, all tree protection zones shall be identified for protection. They shall be areas where the existing tree canopy is maintained, and where buildings and structures are not located. June 2010 Page 6-66 City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

25 Section : Tree Protection Section (F): Retention of Existing Tree Canopy b. The tree protection zone shall be identified on the Planned Development Master Plan (Section (C)), Site Plan (Section (E)), or Preliminary Plat (Section (F)), as appropriate. It shall also be identified on a subdivision Final Plat (Section (F)) if it is required before development. c. The Director of Community Development shall have discretion in adjusting the exact location of the tree protection zone based on site conditions and the need for efficient development of the site. (7) Priority Retention Areas The location and configuration of the tree protection zone shall be determined in accordance with the following priority retention areas, which are listed in order of priority. a. Existing tree canopy containing specimen trees, and their associated root zones; b. Existing tree canopy located in riparian buffers, wetlands, or wetland protection areas; c. Existing tree canopy containing stands or groups of mature deciduous trees; Illustrative Example: Sixty-five percent of a 100,000-square-foot development site in the RS-10 district is covered by existing tree canopy. The site is required to maintain percent of the existing tree canopy, which equates to 18,038 square feet of the site s land area. The tree inventory reveals a specimen tree that covers an area of 10,000 square feet, a riparian area with existing tree canopy covering 7,000 square feet, and a group of mature deciduous trees constituting existing tree canopy that covers 51,000 square feet. Based on the priority retention area requirements, the tree canopy protection requirements would be met by including the following in the tree protection zone: 1. The area covered by the specimen tree (10,000 square feet); 2. The area covered by the riparian buffer (7,000 square feet); and 3. 4,280 square feet of the area covered by the mature deciduous trees. The exact location of the mature deciduous trees to be included in the tree protection zone is determined based on site conditions. d. Existing tree canopy needed for required landscaping (i.e., perimeter buffers and perimeter landscape strips around vehicular use areas); and e. Existing tree canopy that is a part of wildlife habitat and other sensitive natural areas. (8) Credits towards Open Space and Landscaping Requirements a. The tree protection zone shall be credited towards the passive recreation open space set-aside standards in Section , Open Space Set-Asides. b. Existing tree canopy located within a tree protection zone that complies with the species, health, and minimum size requirements for landscaping materials (See Section (C)(3), New Planting Standards.), along with the following location standards, shall be credited towards the minimum requirements for perimeter buffers, perimeter landscaping strips adjacent to vehicular use areas, and screening. The applicant shall be responsible for demonstrating how the existing tree canopy in a tree protection zone complies with the standards of this section. 1. Existing, healthy trees within 20 feet of the perimeter of a vehicle use area shall be credited towards the minimum requirements for perimeter landscaping strips adjacent to the vehicular use areas (See Section (D), Vehicular Use Area Landscaping.). 2. Existing healthy trees within 30 feet of a lot line shall be credited towards the planting requirements for a perimeter buffer (See Section (E), Perimeter Buffers.) along that same lot line. 3. Existing healthy trees within ten feet of a site feature to be screened (e.g., service, loading, or refuse area) shall be credited towards the planting requirements for screening (See Section 23- City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-67

26 Section : Tree Protection Section (F): Retention of Existing Tree Canopy 4-3(G), Screening.) the site feature. (9) Removal of Trees in a Tree Protection Zone 393 a. Accidental Damage or Removal If development of a site accidentally damages existing tree canopy, causing removal within the tree protection zone, the damaged or removed tree(s) shall be replaced as follows: 1. Replacement of Trees with Ten-Inch DBH or Greater Any tree with a DBH of ten inches or larger that is accidentally damaged or removed within a tree protection zone shall be replaced by one or more trees with a caliper of at least three-andone-half inches and a cumulative caliper equal to or greater than that of the damaged or removed tree(s). 2. Inch-for-Inch Replacement Required Any other tree that is damaged or removed within a tree protection zone shall be replaced with one or more trees that have a caliper of at least two inches and a cumulative caliper equal to or greater than that of the damaged or removed tree(s). 3. Location of Replacement Trees Replacement trees shall be either planted in the tree protection zone or, where adequate room is not available within the tree protection zone, at another location on the development site. The Director of Community Development may allow replacement trees to be planted to provide street trees in accordance with the standards in Section (F), Street Trees. 4. Establishment Period b. Reforestation Replacement trees shall be maintained through an establishment period of at least three years. The applicant shall guarantee the survival and health of all replacement trees during the establishment period and guarantee any associated replacement costs in accordance with Section , Performance and Maintenance Guarantees. If the replacement trees do not survive the establishment period, the applicant shall purchase and install new replacement trees. Existing tree canopy located within a tree protection zone may be removed subject to an alternative landscaping plan (See Section (E), Alternative Landscaping Plan.) that reforests the development site after development or land disturbing activities, provided the reforested trees are: 1. Planted at a minimum rate of one tree per 400 square feet of site area, and in sufficient numbers to occupy the same amount of the development site as the existing tree canopy required to be retained on the site in accordance with Table (F)(4), Tree Canopy Retention Standards; 2. At least three caliper inches in size; 3. Incompliance with the species diversity standards in Section (C)(3), New Planting Standards; 4. Planted in discrete areas of the development site, and contiguous with one another, as a means of reestablishing the existing tree canopy, to the maximum extent practicable; and 393 As discussed in the Diagnosis/Annotated Outline, staff expressed concerns about abuse of current provisions allowing developers to recompense the city for the removal of protected trees. These replacement standards no longer allow in-lieu payments as a form of mitigating tree removal. Instead, they focus on obtaining replacement trees, with options to relocate them elsewhere on the development site or as street trees. June 2010 Page 6-68 City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

27 Section : Tree Protection Section (G): Protection of Specimen Trees 5. Are planted with sufficient room to accommodate future growth. c. Damage/Removal in Violation If tree clearing, development work, land disturbance as part of construction, or intentional damage to trees occurs without a Tree Permit (See Section (I), Tree Permit), one or more of the following remedies shall be applied: 1. Replacement Damaged or removed trees shall be replaced in accordance with the standards in Section (G)(7)a, Accidental Damage. 2. Accelerated Compliance with Landscaping Standards All subsequent development on the site shall be subject to double the minimum amounts of landscaping required in Section , Landscaping, and Section , Tree Protection. Nothing in this section shall require planting materials to exceed the minimum size at time of planting in Section (C)(3), New Planting Standards. 3. Damage Following Construction If trees within a tree protection zone die within 12 months following the completion of construction activities on a site or portion of a site, and the death of the trees can be linked to the construction activities, the dead trees shall be replaced in accordance with Section (F)(9), Accidental Damage or Removal. (G) PROTECTION OF SPECIMEN TREES 394 (1) Applicability a. General All development in the city, except that exempted in accordance with Section (G)(1)b, Exemptions, and Section (G)(1)c, Exempted Trees, shall be required to protect specimen trees, as defined in Section , Terms and Uses Defined, in accordance with this subsection. b. Exemptions The following development shall be exempt from these standards: 1. Land within the Downtown (DT) or Waterfront (WF) district; and 2. Existing single-family detached residential dwellings on lots of record established before [effective date of this Ordinance]. (2) General Requirement No specimen tree may be removed, except in accordance with Section (G)(3), Removal of a Specimen Tree. In addition, all specimen trees shall have the following protections, whether located on public or private land: 394 This subsection carries forward those provisions in Section of the current LDO that single out oak, magnolia, and bald cypress trees for special protection from development, but revises the provisions to exempt development in the urbanized Downtown and Waterfront districts and to allow the removal of such specimen trees in certain circumstances and with mitigation. The subsection refers to trees subject to its special protection as specimen trees. Section , Terms and Use Defined, defines specimen tree as including the three types of tree currently singled out for protection (and with the same size thresholds), adds all trees with a DBH of 36 inches or greater, and excludes pecan, Chinese tallow, and pine trees). City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-69

28 Section : Tree Protection Section (G): Protection of Specimen Trees a. Cutting, Removal, or Harm Prohibited Specimen trees shall not be cut, removed, pushed over, killed, or otherwise harmed. b. Paving or Soil Compaction Prohibited The area within the drip line of any specimen tree shall not be subject to paving or soil compaction greater than ten percent of the total area within the drip line, or within 12 feet of the tree trunk. (See Figure (G)(2)b, Limits of Paving or Compaction near Specimen Trees.) Figure (G)(2)b: Limits of Paving or Compaction near Specimen Trees Specimen trees may be removed if the landowner demonstrates to the Director of Community Development one of the following conditions: (3) Removal of a Specimen Tree a. Removal of a Healthy Specimen Tree A specimen tree is in healthy condition, and all of the following standards are met: 1. The landowner is otherwise in compliance with this section; 2. The specimen tree is not located within a tree protection zone; 3. The specimen tree prevents development of a lot platted before [effective date of this Ordinance] in a way that limits building area to less than otherwise allowed, or hinders compliance with the standards in Article 23-3: Zoning Districts, Article 23-5: Intensity and Dimensional Standards, Article 23-6: Development Standards, or Article 23-7: Subdivision Standards; and 4. Mitigation is provided in accordance with Section (G)(4), Replacement/Mitigation of Specimen Trees. b. Removal of a Severely Diseased, High Risk, or Dying Specimen Tree A specimen tree is certified by an arborist or other qualified professional as severely diseased, high risk, or dying. Removal of a severely diseased, high risk, or dying specimen tree shall not require mitigation in accordance with Section (G)(4), Replacement/Mitigation of Specimen Trees. (4) Replacement/Mitigation of Specimen Trees Those causing the destruction or removal of a healthy specimen tree, unless exempted, shall be responsible for the following mitigation: a. Replacement Trees Required Each healthy specimen tree removed or destroyed shall be replaced with three replacement trees, measuring at least six inches in caliper by American Nurseryman Standard. The replacement trees shall be replanted within 6 months of the removal or destruction of the specimen tree. b. Location of Replacement Trees Replacement trees shall be either planted on the parcel of land from which the specimen tree was removed, if sufficient space is available, or placed on nearby lands in accordance with Section (E), June 2010 Page 6-70 City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

29 Section : Tree Protection Section (H): Tree Protection During Construction Alternative Landscape Plan. The Director of Community Development may allow replacement trees to be planted to provide street trees in accordance with the standards in Section (F), Street Trees. c. Establishment Period Replacement trees shall be maintained through an establishment period of at least three years. The applicant shall guarantee the survival and health of all replacement trees during the establishment period and guarantee any associated replacement costs (See Section , Performance and Maintenance Guarantees.). If the replacement trees do not survive the establishment period, the applicant shall purchase and install new replacement trees. (H) TREE PROTECTION DURING CONSTRUCTION 395 (1) Owner s Responsibility During development, the owner or developer shall be responsible for the erection of any and all barriers necessary to protect any existing or installed vegetation from damage both during and after construction. (2) Tree Protection Fencing a. Where Required Specimen trees and existing tree canopy retained in a tree protection zone (See Section (F)(3), Existing Tree Canopy Retention Standards.), and other existing trees being used for credit towards landscaping requirements in accordance with Section (F)(3), Credits towards Open Space and Landscaping Requirements, shall be fenced with a sturdy and visible fence before grading or other development activity begins. Fencing shall be erected no closer than one linear foot to the tree s drip line. The Director of Community Development shall consider the existing site conditions in determining the exact location of tree protection fencing. Areas located inside of tree protection fencing are considered as tree save areas. b. Type of Fencing All fencing required by this section shall be a minimum four feet high and of durable construction (i.e., chain link or wooden post with 2x4 wire mesh). Posts shall be located no more than ten feet on-center. Chain link or wire fencing utilized as tree protection Figure (H)(2)a: Tree Protection Fencing Figure (H)(2)b: Tree Protection Fencing Detail 395 This subsection expands the minimal current standards for protecting trees during construction (in Section (3)a) to specify effective means of ensuring that existing trees to be preserved are not inadvertently damaged during the development process. City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-71

30 Section : Tree Protection Section (H): Tree Protection During Construction fencing shall not be required to be vinyl coated. Passive forms of tree protection may be utilized to delineate tree protection zones that are remote from areas of land disturbance. These must be surrounded by fencing, continuous rope, or durable taping (minimum four inches wide). c. Signage Signs shall be installed on the tree protection fence visible on all sides of the fenced-in area at a rate of at least one for every 150 linear feet. The size of each sign must be a minimum of two feet by two feet and shall contain the following language: TREE SAVE AREA: KEEP OUT. d. Trenching Prior to Clearing The removal of trees adjacent to tree save areas can cause inadvertent damage to the protected trees. Prior to clearing activities, trenches with a minimum width of one-and-one-half inches and a minimum depth of 12 inches shall be cut along the limits of land disturbance, so as to cut, rather than tear tree roots. e. Inspection All tree protection measures shall be inspected and approved by the Director of Community Development before start of any land disturbing activities. Failure to have tree protection measures prior to the commencement of construction is a violation of this Ordinance. f. When Required No construction, grading, equipment or material storage, or any other activity shall be allowed within the fenced tree save area. Fencing shall be maintained until after the final site inspection. (See Figure (H)(2), Tree Protection Fencing, and Figure (H)(2)b, Tree Protection Fencing Detail.) (3) Encroachments into Tree Save Areas Encroachments into tree save areas shall occur only when no other alternative exists. If such an encroachment is anticipated, the following preventive measures shall be employed: a. Soil Compaction b. Fill Where compaction might occur due to construction traffic or materials delivery through a tree save area, the area must first be mulched with a minimum four inch layer of wood chips. Equipment or materials storage shall not be allowed within a tree save area. No fill shall be placed within a tree save area without adequate venting to allow air and water to reach the roots. c. Chemical Contamination Trees located within a tree save area shall be protected from chemical contamination from liquids or other materials, including but not limited to paint, chemical solvents, gasoline, oil, diesel fuel, hydraulic fluid, concrete spoils, or rinse water from vehicle cleaning, including rinsing of concrete truck tanks and chutes. d. Paving Limitations Except for driveway access points, sidewalks, curb, and gutter, no paving shall occur within five feet of a tree save area unless authorized through an alternative landscape plan (See Section (E), Alternative Landscape Plan.). June 2010 Page 6-72 City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

31 Section : Environmental Protection Section (A): Wetlands (I) TREE PRESERVATION INCENTIVES 396 (1) Tree Preservation Credits To encourage the preservation of as many trees as practical on a development site, credit towards the minimum landscaping requirements shall be applied to all existing trees retained on a site that are not specimen trees or located within a required tree protection zone. Credits are offered only for trees that are not required to be retained by other sections of this Ordinance. Credits shall be designated on the landscape plan for the development, and shall be granted in accordance with the following standards: a. A credit of one-and-one-quarter (1.25) multiplied by the aggregate caliper of trees that are not specimen trees or trees inside a tree protection zone shall be credited and applied towards the vehicular use landscaping standards in Section (D) and the perimeter buffer standards in Section (E) when the trees that are saved are: 1. Deciduous or evergreen canopy trees of four inches in caliper or greater, measured six inches above ground level; or 2. Deciduous or evergreen understory or ornamental trees of three inches in caliper or greater, measured four inches above ground level. b. In no case shall credits substitute for more than 75 percent of the required site or vehicular use area landscaping material. (2) Reduction in the Minimum Number of Required Parking Spaces Up to a five percent reduction in the number of off-street parking spaces required on a development site shall be allowed if the reduction in the amount of required pavement will preserve the root zones of existing healthy trees with a DBH of ten inches or greater. The amount of reduction can be determined only after taking into consideration any unique site conditions and the impact of the reduction on parking needs for the use, and must be agreed upon by both the applicant and the Director of Community Development. Alternative paving materials (See Section (C)(4), Alternative Materials.) may be required by the Director of Community Development in cases where required parking areas encroach upon root zones. 5. ENVIRONMENTAL PROTECTION 397 (A) WETLANDS (1) Shown on Site Plans and Plats a. Plans submitted as part of an application for approval of a Major Site Plan (Section (E)) or Preliminary Plat (Section (F)) shall show all existing wetlands that have been delineated or are shown on National Wetlands Inventory maps, and shall identify wetlands proposed to be filled or required to be mitigated. b. The Director of Community Development may require an applicant to have a wetlands delineation performed for the proposed development site if any lands suspected to be wetlands are not shown on the Site Plan or Preliminary Plat. 396 This is a new subsection that provides incentives for tree retention that exceeds minimum standards. 397 This section carries forward the wetlands standards in Section of the current LDO, updates current references to the city s independent stormwater management program and flood damage prevention regulations, and adds new riparian buffer requirements. City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-73

32 Section : Environmental Protection Section (B): Riparian Buffers (2) State and Federal Wetlands Permits a. An applicant for approval of a Major Site Plan or Preliminary Plat shall consult with the Mississippi Department of Marine Resources and the U.S. Army Corps of Engineers to determine whether state or federal wetlands permits are required for disturbance of wetlands or for discharge of waters into the public waters. b. If a state or federal wetlands permit is required, the application for approval of a Major Site Plan or Preliminary Plat shall include a copy of the application for the wetlands permit. c. Any approval of a Major Site Plan or Preliminary Plat shall be conditioned on all required state and federal wetland permits being obtained and submitted to the Director of Community Development before approval of a Certificate of Zoning Compliance, Public Works Permit, or Final Plat for the development, as appropriate. (3) Mitigation If a state or federal wetlands permit requires mitigation for loss of wetlands, the developer shall comply with mitigation requirements by acquiring wetlands within in the City of Biloxi, if available. If wetlands are not available for acquisition in the city, then they shall be acquired elsewhere in Harrison County, if practical. If acquisition of mitigating wetlands in Harrison County is not practical, then the wetlands shall be acquired elsewhere in Mississippi. (B) RIPARIAN BUFFERS 398 (1) Intent These riparian buffer standards are intended to protect the quality and quantity of the surface waters on which Biloxi citizens rely for drinking, storm mitigation, fishing, and the recreational and scenic functions that contribute so much to the city s economic health. Specifically, they are intended to limit development and land disturbance adjacent to surface water bodies and wetlands as necessary to protect public and private water supplies, trap sediment and other pollutants in surface runoff, promote bank stabilization, protect wetlands, protect wildlife habitat, protect fisheries, and preserve scenic beauty. (2) Riparian Buffer Required a. General All new development shall maintain a 30-foot-wide vegetated riparian buffer adjacent to perennial surface water bodies shown on USGS quadrangle topographic maps and wetlands that have been delineated or are shown on National Wetland Inventory maps. The width of the buffer shall be measured perpendicular from the bank of a lake, pond, river, or stream, or the mean high water line of tidal waters, or the edge of wetlands. (See Figure (B)(2), Required Riparian Buffer.) 398 As recommended in the Diagnosis/Annotated Outline s discussions of landscaping standards (p. 2-39) and enhancing the city s hazard resiliency (p. 2-52), this new subsection requires vegetative buffers along water bodies other than the Mississippi Sound. It exempts development in the Waterfront district (which is specifically intended to accommodate working waterfront development), single-family lots in existing subdivisions (where lots probably were created without regard to preserving riparian buffers) and agricultural activities consistent with state BMPs for water quality. Development within riparian buffers is limited to crossings, minor bikeway/walkway encroachment, and activities related to maintaining the health of the water body or buffer vegetation. June 2010 Page 6-74 City of Biloxi, Mississippi Land Development Ordinance City Council Public Hearing Draft

33 Section : Environmental Protection Section (B): Riparian Buffers Figure (B)(2): Required Riparian Buffer b. Exceptions The requirement for maintenance of a riparian buffer shall not apply to the following: 1. Land within the Sand Beach (SB) zoning district or otherwise abutting the Mississippi Sound; 2. Land within a Waterfront (WF) zoning district; 3. Development of single-family detached dwellings, two-family dwellings, three- to four-family dwellings, or manufactured homes on lots within subdivisions for which, as of [effective date of this Ordinance], a plat has been recorded or a Preliminary Plat has been approved and is still valid; and 4. Agricultural production that is consistent with state and federal laws, and agricultural best management practices for water quality established by Mississippi Soil and Water Conservation Commission. (3) Allowable Development within Riparian Buffers Development allowed within a riparian buffer is limited to: a. Flood control structures; b. Perpendicular crossings by roadways and driveways (including associated sidewalks, stormwater management facilities, and utility lines); c. Perpendicular crossings by railroad tracks and associated maintenance corridors; d. Perpendicular crossings by utility lines and associated maintenance corridors; e. Bikeways and walkways, and other passive recreational facilities and uses that involve minimal removal of vegetation; f. Stormwater management facilities and sediment and erosion control devices, where determined to be necessary by the City Engineer; g. Temporary stream, stream bank, wetland, and vegetation restoration projects intended to City of Biloxi, Mississippi June 2010 Land Development Ordinance City Council Public Hearing Draft Page 6-75