The intent of this article is to establish minimum standards for the provision, installation, and maintenance of landscape plantings and tree preservation in order to achieve a healthy, beautiful, and safe community by the following means:

• Aesthetics: Improve the appearance of all areas through the incorporation of open space into development in ways that harmonize, enhance, and build the natural environment.

• Environmental quality: Improve environmental quality by recognizing the numerous beneficial effects of landscaping and tree preservation upon the environment.

• Land values: Maintain and increase the value of land by requiring landscaping and tree preservation to be incorporated into development thus becoming itself a valuable capital asset.

• Human values: Provide direct and important physical and psychological benefits to human being through the use of landscaping and tree preservation to reduce noise and glare, to break up the monotony, and soften the harsher aspects of urban development.

• Preservation of vegetation: Preserve existing natural vegetation and the incorporation of native plants, plant communities and ecosystems into landscape design, where possible.

• Improved design: Promote innovative and cost conscious approaches to the design, installation, and maintenance of landscaping, encouraging existing tree preservation, and water and energy conservation.

• Bio-retention: Innovative landscape design techniques may be considered which encourage the use of bio-retention methods, mechanisms and facilities.

• Improved administration and enforcement: Establish procedures and standards for the administration and enforcement of this article.

(a)

Applicability: The provisions of this article shall be required for all residential projects involving the construction of two (2) or more dwelling units including apartments, town homes, condominiums, planned unit developments, subdivisions, business, commercial, industrial, and/or institutional structures; all existing structures which increase the gross floor area by thirty (30) percent or more, except a single-family residence; construction of a park, public way, open space, public building or structure; construction of a public utility whether publicly or privately owned; and other uses as required by the planning commission.

A golf course which was in existence prior to the enactment of this Ordinance is hereby exempt from the provisions of this article.

(b)

Change in use or ownership provision: The provisions of this article shall apply to any project which requires site plan review for minor expansions of commercial or institutional uses, renovations or changes in use that is subject to administrative review and approval by the director of community development. Where a change in: (a) use of property, (b) occupancy, or (c) ownership—regardless of name change to any business, commercial, industrial or institutional development, it shall be the responsibility of the owner to comply with the provisions of this article and Article XVI, Parking Provisions, within ninety (90) days from the date in which the change occurred.

(a)

Site plan review: A site plan shall not be approved by the planning commission without an acceptable landscape and irrigation plan.

(b)

Subdivision review:

i.

A subdivision shall not be approved by the planning commission without an acceptable landscape and irrigation plan.

ii.

All subdivisions shall require a landscape plan for the common areas of the subdivision: the entrance, detention pond, retention pond, recreational areas and other areas which are deemed appropriate by the planning commission.

iii.

A tree survey shall not be required for a subdivision over fifty (50) acres; however, a developer/owner shall comply with the protection of significant trees as otherwise provided herein.

(c)

Revisions to landscape plan: If proposed construction shall cause changes in the landscape and/or irrigation plan, a revised plan shall be submitted by the project's landscape architect to the department of community development for re-evaluation prior to the installation of plantings. In no case shall the plans be altered unless approved by the landscape architect who originally certified the plans and the director of community development prior to the installation of plantings. Failure to install landscaping in accordance with the landscape plan approved by the planning commission or the City of Daphne shall be subject to a penalty of five hundred dollars ($500.00). Said penalty shall be paid to the City of Daphne prior to the issuance of a certificate of occupancy or final plat approval.

(d)

Issuance of site disturbance permit: A landscape and irrigation plan shall be submitted with the recommendation of the director of community development and approved by the planning commission prior to the issuance of a site disturbance permit as provided in Article XV, Procedures for Site Plan Review and Article XVII, Procedures for Subdivision Review.

(e)

Compliance with landscape provisions: All subject properties, including those owned by the City of Daphne shall comply with the provisions of this article, except those provided herein.

(f)

Certification and plan requirements: Landscape and irrigation plans shall be drawn and stamped by a licensed landscape architect registered in the State of Alabama. All landscape and irrigation plans shall be reviewed and signed by the owner/developer prior to submission to the department of community development. The landscape plan shall be of professional quality and include at least the following:

i.

Date, scale, north arrow, title, and names and contact information for property owner(s), developer, and the landscape architect.

ii.

Location of existing boundary line dimensions of the building site, existing water sources, significant drainage features, existing and proposed streets or alleys, existing or proposed utility easements on or adjacent to the building site including overhead power lines, rights-of-way, minimum setbacks, locations of proposed parking spaces, and location of existing and/or proposed sidewalks or pedestrian paths.

iii.

The location(s) and dimension(s) of the proposed landscaped areas within the parking area(s) and within greenbelt areas including a description of new trees and plant materials to be placed within landscaped area(s). Both common and botanical names shall be included.

iv.

An indication using written or graphic information of plans to protect from damage during construction any existing trees and other vegetation which are proposed to be retained.

v.

An indication using written or graphic information of measures to protect tree roots by controlling erosion or sediment loss during construction.

At a minimum, all trees to remain on site and to be credited toward meeting the minimum landscaping requirements shall be protected before and during construction by a six-foot chain link fence with a two-inch top rail. Said protection fence shall extend to the ground and shall extend ten (10) feet beyond the drip line of the tree so as to encompass the circumference of the tree canopy.

vi.

The proposed irrigation plan shall provide one hundred (100) percent coverage of the landscaped areas. Said plan shall show the location of the source of water, controller, lateral lines, heads, the location and size of sleeves, and the location and routing of the mainline. All items shall be identified and labeled on the plan. When applicable and practical, drip irrigation system shall be installed.

vii.

Location and species of buffer zone vegetation.

viii.

A tree survey shall be performed by a credentialed professional certified to perform such service. Said tree survey shall show all trees with an eight-inch or greater caliper. This information shall be plotted on a twenty-four- by thirty-six-inch drawing at the same scale as the landscape and civil engineer plans. The drawing is to be used to determine which trees will be retained and/or removed.

ix.

The landscape plan shall clearly show what existing trees, shrubbery, and other vegetation will be retained, as well as, what trees, shrubbery, and other vegetation shall be added to complete the final landscaping of the property.

x.

Plans shall provide the locations, species, and diameter at breast height (D.B.H.) of existing significant trees indicating those to be retained and those to be removed along with written justification for the removal of any significant trees.

xi.

Calculation of the trees to be protected and the quantity of credits to be applied to the landscape requirements shall be provided as well as calculations for the protected trees to be removed.

(a)

Except where permitted by the planning commission through either the site plan or subdivision review process, significant trees as defined herein are hereby protected under this article and cannot be cut or intentionally harmed without the express written permission of the designee of the director of public works.

(b)

An overstory tree species, except a live oak, is considered protected as a significant heritage tree if it has a twelve-inch or greater caliper. Likewise, an understory tree species is considered protected if it has an eight-inch or greater caliper.

(c)

Live Oak trees:

i.

Any live oak tree ten (10) inches or greater shall be classified as a significant heritage tree and shall be protected. A live oak ten (10) inches or greater in caliper located within the building foot print of a proposed building shall be replaced by other live oaks at least three (3) inches in caliper.

ii.

Complete removal of all heritage trees on site shall not be permitted unless approved by the planning commission. If approved, developer shall plant replacement trees as noted in section 19-7, Planting requirements.

iii.

Once new heritage trees are established and accounted in a landscape plan approved by the planning commission, said trees shall be preserved in perpetuity.

(d)

Other trees of significance include Cabbage Palms (Sabal palmettos) and Windmill Palms (Trachycarpus fortunei).

(e)

The following trees shall not be considered significant trees: Chinese Tallow tree/Popcorn tree (Sapium sebiferum), Water Oak (Quercus nigra), or Ornamental Laurel (Prunus spp.).

All lands within one hundred (100) feet of the right-of-way of the four-lane U.S. Highway 98, fifty (50) feet of the right-of-way of Main Street, North Main Street, U.S. Highway 90, and all other (nonresidential) city streets including Pollard Road, Whispering Pines Road and County Road 64 are hereby declared to be tree protection zones.

No tree within these zones shall be removed except as provided above in section 19-4(a) nor without first presenting justification based on the criteria noted in section 19-6(b) below and written approval from the designee of the director of public works or upon planning commission approval, as applicable.

(a)

Tree removal—No permit required: Tree removal shall be at the property owner's expense except for the following: (1) trees in the city right-of-way or on city-owned property which are diseased, injured, in danger of falling close to existing structures, creates an unsafe visual clearance, or conflicts with sight distance, the removal of which shall be funded by the city; or (2) trees beneath utility lines which threaten to damage utility lines, of which the removal is the responsibility of the utility company. Said tree removal shall not require permitting.

(b)

Tree removal permit—Sites not subject to planning commission approval: Any person wishing to remove or relocate a significant tree as defined herein or a tree located within the tree protection zone, shall submit a written application on the prescribed documents to the designee of the director of public works accompanied by a site plan. The following criteria must be established in order for the permit to be issued:

i.

The tree shall be located in an area where a structure or improvement is to be placed in accordance with the proposed plan.

ii.

The tree shall be diseased, injured, in danger of falling too close to an existing or proposed structure, interferes with existing utility service, creates an unsafe visual clearance, or conflicts with sight distance or with other ordinances, articles, or regulations.

iii.

The tree shall be prior to or after construction in violation of federal, state, local laws, or regulations including but not limited to laws and regulations pertaining to government programs for the financing of the construction.

iv.

No understory trees greater than eight (8) inches in diameter or greater caliper or an overstory with a twelve-inch or greater caliper shall be removed unless it can be shown that the tree is a safety hazard to pedestrians, property or vehicular traffic, is diseased or weakened by age, storm, fire or other injury, or it is absolutely necessary to construct the proposed improvements without incurring significant additional construction costs, or it is necessary for the installation of solar energy equipment.

v.

A permit may be denied if the tree is considered to have aged or grown to an impressive stature for its species or it is considered an integral part of the natural heritage the designee of the director of public works determines there is a reasonable alternative other than the removal of the tree.

vi.

The property owner shall agree to plant two (2) replacement trees for each significant tree proposed to be removed. The replacement trees shall be shade or flowering trees and shall be at least two and one half (2½) inches or greater in caliper and ten (10) feet in height at planting.

(a)

Trees planted in accordance with this article shall meet the following criteria:

i.

A minimum of four (4) different species shall be planted on each site. Two (2) species shall be overstory (large) trees and two (2) species shall be understory (medium) trees in order to promote species richness.

ii.

Large (overstory) trees shall have at least three (3) inches or greater in caliper and ten (10) feet in height at planting.

iii.

Medium (understory) trees shall have at least three (3) inches in caliper and eight (8) feet in height at planting.

iv.

Multi-stemmed understory trees shall be a minimum of ten (10) feet in height and must have at least three (3) stems; each with a minimum caliper of three-fourths-inch.

v.

Shrubs shall be a minimum of three (3) gallons at planting. Shrubs pruned into tree form variations shall not be credited toward tree planting requirements. These include, but are not limited to the following: Ligustrum, Indian Hawthorn, Tree Yaupon and Camellia.

vi.

Ground cover planting shall be established with pots sized four (4) inches or greater.

vii.

All newly planted trees shall be located in a twelve-foot by six-foot area at least seventy-two (72) square feet.

viii.

On-site relocated trees may be credited toward these requirements.

ix.

Grass shall be composed of solid sod. Seed and mulch shall not be accepted at final inspection.

x.

It is recommended that trees be obtained from a licensed source.

xi.

Cabbage Palms (Sabal palmettos) and Windmill Palms (Trachycarpus fortunei) shall be planted in triangular clusters of three (3) palms and must be no further than six (6) feet apart from each other. Each palm shall be a minimum of five (5) feet clear trunk (CT) in overall height to be credited.

(b)

Tree replacement provisions: The developer shall plant two (2) replacement trees for each significant tree proposed to be removed, except the Live Oak. The replacement trees shall be shade or flowering trees and shall be at least two and one-half (2½) inches or greater in caliper and ten (10) feet in height at planting. The quantity of Live Oak trees to be replanted after removal shall be calculated by adding the calipers of all live oaks proposed for removal divided by six (6) (measured in inches).

(c)

Credits and calculation procedures for existing significant protected trees: All plans submitted to the planning commission shall have an accurate tree survey denoting each tree above eight (8) inches in caliper, its location, elevation and both proper scientific and common name. The landscape plan shall show the placement and species of the number of required new replacement trees. Calculations of trees to be protected and the quantity of credits to be applied shall be provided along with the calculations of trees to be removed and justification of proposed removal.

i.

Measurements:

1)

Trees which are from one (1) inch to four and one-half (4.5) inches in caliper shall be measured six (6) inches above the root zone at the base of the tree.

2)

Trees which are over four and one-half (4.5) inches up to eight (8) inches in caliper shall be measured one (1) foot above the root zone.

3)

Trees which are greater than eight (8) inches in caliper shall be measured four (4) feet above the root zone.

4)

All calculations shall be rounded up for a final count.

ii.

Tree credits:

1)

Tree credits may only account for preserved trees which can be integrated into the design and calculations for the overall landscape plan.

2)

All credited trees shall be at least eight (8) inches in caliper measured as provided above.

3)

Tree credits shall not apply to trees for frontage areas or parking and impervious materials. These tree credits shall only be applied to those trees which are required for the perimeter tree requirements.

4)

One (1) tree credit may be applied for every six (6) inches in total caliper of trees. The credit shall be calculated as follows: sum of calipers of preserved trees divided by six (6) (measured in inches).

5)

Existing trees located within a greenbelt area may be credited at a rate of one (1) to one (1).

6)

In addition to the required tree planting requirements, all trees ten (10) inches in caliper or greater shall be protected if not located within the footprint of the building.

7)

If a tree ten (10) inches or larger is not protected and is either removed or damaged during construction, then two (2) additional trees will be required to be planted for every six (6) inches in caliper of the trees to be removed. Said ten-inch caliper tree shall be measured four (4) feet above the root zone at the base of the tree. Calculation: Total tree calipers of trees to be removed divided by six (6) (measured in inches).

8)

Cabbage Palms (Sabal palmettos) and Windmill Palms (Trachycarpus fortunei) shall be credited as three (3) palms equal to one (1) three-inch caliper heritage tree if planted in clusters of three (3) as provided above in subsection (a).

The term greenbelt zones and greenbelt areas shall be interchangeable within this Ordinance. A greenbelt zone shall be designated on each site to create a natural buffer along the perimeter of proposed development sites. Greenbelt areas shall be landscaped with trees, shrubs, ground cover and grass. Greenbelts may only account for twenty (20) percent of the required landscaping. Sidewalk and/or pedestrian walkway requirements as provided in Article XI, Minimum Standards and Required Improvements, shall be considered in the greenbelt design.

(a)

Frontage area requirements (front property line or area fronting along roadway) shall apply except where otherwise provided herein.

i.

An overstory tree shall be planted for every thirty (30) feet of frontage area. All frontage area trees shall be planted thirty (30) feet from the front property setback and fifty (50) percent of these trees shall be planted ten (10) feet from the front setback.

ii.

The first twelve (12) feet of frontage area shall be protected to create a buffer from the road right-of-way.

iii.

There shall be a minimum of one (1) three-gallon shrub for every five (5) feet of frontage area. The plantings shall be planted within the first twelve (12) feet of the frontage area in the greenbelt.

(b)

Perimeter area requirements (side and rear property lines) shall apply except in a planned business and/or commercial park zoned B-2, General Business or C/I, Commercial/Industrial where side yards and/or rear yards abut other property zoned C/I or B-2.

i.

Either overstory or understory trees shall be planted for every fifty (50) feet of the perimeter property lines. Perimeter areas are side and rear property line landscape setbacks.

ii.

Side and rear property lines shall have a six-foot greenbelt.

(c)

U.S. Highway 98 and County Road 13: All developments along U.S. Highway 98 and County Road 13 shall maintain a minimum of twelve (12) feet of the required fifty-foot setback as a landscaped greenbelt along the entire front width of the property, except where curb cuts provide ingress and egress.

If any of the fifty-foot front setback is used for parking, said greenbelt shall be in addition to the landscape requirements for parking areas as more specifically defined in Off-street parking facilities, section 19-10 of this article. Said greenbelt shall be planted with trees, shrubs, grass, or other ground cover so as to create an attractive appearance representative of the developer's approved landscape plan.

The trees shall be shade or flowering trees and shall be at least three (3) inches or greater in caliper and ten (10) feet in height at planting. There shall be a minimum of one (1) tree planted for every twenty-five (25) feet or fraction thereof of lot frontage, fifty (50) percent of which shall be shade trees having a maximum crown of seventy (70) feet, except under or within forty (40) feet of an overhead power line. (See Definitions, Article VIII, Understory tree).

(d)

U.S. Highway 90 and Alabama State Road 181: All developments along U.S. Highway 90 and Alabama State Road 181 (south of the intersection of Highway 90 and State Road 181) shall maintain a minimum of twenty (20) feet of the required fifty-foot setback as a landscaped greenbelt along the entire front width of the property, except where curb cuts provide ingress and egress.

If any of the fifty-foot front setback is used for parking, said greenbelt shall be in addition to the landscape requirements for parking areas as more specifically defined in Special designs, section 19-12 of this article. Said greenbelt shall be planted with trees, shrubs, grass, or other ground cover so as to create an attractive appearance representative of the developer's approved landscape plan.

The trees shall be shade or flowering trees and shall be at least three (3) inches or greater in caliper and ten (10) feet in height at planting. There shall be a minimum of one (1) tree planted for every twenty-five (25) feet or fraction thereof of lot frontage, fifty (50) percent of which shall be shade trees having a maximum crown of seventy (70) feet, except under or within forty (40) feet of an overhead power line. (See Definitions, Article VIII, Understory tree).

(e)

Multi-family developments: Multi-family developments require greenbelts along all perimeter roadways and all project boundaries. The greenbelt shall not be included as part of the minimum yard requirements. It shall be thirty (30) feet wide along all perimeter roads, and shall be twenty-five (25) feet wide along all remaining project boundaries. The greenbelt shall run the entire length of the project boundaries.

The trees shall be shade or flowering trees and shall be at least three (3) inches or greater in caliper and ten (10) feet in height at planting. There shall be a minimum of one (1) tree planted for every twenty-five (25) feet or fraction thereof of lot frontage, fifty (50) percent of which shall be shade trees having a maximum crown of seventy (70) feet, except under or within forty (40) feet of an overhead power line. (See Definitions, section 8-2, Understory tree).

(Ord. No. 2012-42, § I, 6-18-12)

(a)

General:

i.

Where a business district abuts any part of an existing multi-family residential land use, no buffer shall be required unless deemed appropriate by the planning commission.

ii.

Any decorative fence design constructed in lieu of a planted buffer must be reviewed and approved by the planning commission.

iii.

Where a C/I, Commercial/Industrial district abuts any part of a residential district, a natural undisturbed buffer thirty (30) feet in width and an eight-foot-high privacy fence shall be required, or a planted buffer thirty (30) feet in width and an eight-foot-high privacy fence shall be required.

iv.

Where an industrial district abuts any part of a business district, a planted buffer of twenty (20) feet shall be required. A six-foot-high decorative fence may be constructed in lieu of the planted buffer.

v.

Where a business district, B-1, Local Business, B-1(a), Limited Local Business, or B-3, Professional Office, abuts any part of a residential district, a ten-foot-wide buffer zone shall be required.

vi.

Where a B-2, General Business district abuts any part of a residential district, a natural undisturbed buffer fifteen (15) feet in width and an eight-foot-high privacy fence shall be required, or a planted buffer fifteen (15) feet in width and an eight-foot-high privacy fence shall be required.

vii.

Where any non-residential land use (see Special Exceptions in the Table of Permitted Use) is subject to either site plan approval by the planning commission, administrative review, or approval of a special exception by the board of zoning adjustment in a residential zone district abutting any part of a residential district, a ten-foot-wide buffer zone shall be required.

viii.

Where any institutional use, multi-family use, multi-use district, or innovative design subdivision abuts any part of a single-family zone, the planted buffer zone shall run the entire length of the abutting lot line(s).

(b)

Options: Under no circumstances shall this buffer impair vehicular flow. It shall be part of the yard requirements except where a greenbelt is required. Said protection buffer shall be maintained in such a manner to accomplish its purpose continuously. Zoning districts shall comply with the following minimum standards and said buffer zone shall be constructed of at least (1) one of the following two (2) designs or a combination thereof as recommended by the director of community development and approved by the planning commission during site plan review and/or subdivision plat review process.

i.

Wall or fence options:

1)

In a residential subdivision or planned unit development: All fences or walls shall be a maximum of six (6) feet in height; shall be located at least six (6) feet from the property line; and shall have a six-foot greenbelt area on both sides of the fence. Shrubs shall be planted every five (5) linear feet of the fencing. Plantings shall be installed in clusters and groupings with trees to soften fence exposure.

2)

In a commercial development, multi-family apartment and condominium project: All fencing and/or walls located along the primary frontage area providing ingress and/or egress shall not exceed thirty-six (36) inches in height and shall be located no closer than six (6) feet from the front property line. All fences or walls along other road frontages shall have a maximum height of six (6) feet. Said fence shall be six feet from the property line and shall have a landscaped greenbelt six (6) feet in width on both sides of the fence. Shrubs shall be planted every five (5) linear feet of the fencing. Plantings shall be installed in clusters and groupings with trees to soften fence exposure.

All fences or walls alongside and rear property lines shall be a maximum of six (6) feet in height and may be located on the property line. Said fence or wall shall have a six-foot-wide landscaped greenbelt located on the interior side of the fence.

3)

For retail car lot: All fences or walls along the primary frontage area shall be a maximum of four (4) feet in height and shall be located at least six (6) feet from the property line. Shrubs shall be planted every five (5) linear feet of the fencing. Plantings shall be installed in clusters and groupings with trees to soften fence exposure.

All fences or walls alongside and rear property lines shall be a maximum of six (6) feet in height and may be located on the property line. Said fence or wall shall have a six-foot-wide landscaped greenbelt located on the interior side of the fence.

ii.

Natural forest: A natural, undisturbed forest which provides a nearly impervious visual barrier due to the dense nature of the plants and/or trees. If this option is chosen, the width of the buffer zone shall be fifty (50) feet and shall be shown on the landscape plan. The director of community development shall determine whether the barrier is satisfactory via site inspection prior to approval.

(Ord. No. 2016-39, § I(F), 7-5-16)

The design and appearance of parking areas are intended to be compatible with the character of the community. Toward this objective, the following landscaping standards shall be observed in the construction of off-street parking areas which accommodate six (6) or more parking spaces:

(a)

One (1) tree shall be planted for every two thousand (2,000) square feet of impervious area including parking areas and building areas for all development with the exception of a retail car lot. For a retail car lot development, one (1) tree shall be planted for every seventy-five hundred (7,500) square feet of impervious surface area.

(b)

At least fifteen (15) percent of the total interior area intended for off-street parking shall be suitably landscaped.

(c)

Interior portions of the parking area at intervals of twelve (12) parking spaces shall be broken by provision of landscaped islands. Such landscape islands shall include the placement of shade or flowering trees at least three (3) inches or greater in caliper and ten (10) feet in height at planting.

(d)

Each separate landscaped area must be a minimum of ninety (90) square feet if it is to be counted toward the minimum landscaped area requirements.

(e)

Landscaped areas shall be protected from vehicular encroachment by the use of curbing or wheel stops.

(f)

The owner, tenant and/or agent, if any, shall be jointly and severally responsible for watering and maintaining all landscaping in a healthy, neat and orderly condition, replacing it when necessary, and keeping it free of refuse and debris.

(g)

A minimum of six (6) feet side and rear landscaping may be required in the landscape plan depending on the topography and arrangement of parking facilities.

Such areas shall be planted with a combination of trees, shrubs, and grass or other ground cover adequate to break the expanse of contiguous parking areas and to present an attractive appearance as determined by the director of community development.

(h)

Adjacent property owners may jointly agree on the establishment of a common landscaped area between their properties that meets the requirements of this article and shall be a minimum of ten (10) feet in width; provided that such agreement and the planting and maintenance of the common area shall be binding upon both parties, his/her successors in interest, heirs, and assigns. A signed agreement shall be provided upon submittal of the project review application.

(i)

Innovative landscape designs using "natural cluster of trees" rather than the required one (1) tree at intervals of twelve (12) parking spaces may be approved by the planning commission if it is determined by the landscape architect that the design is compatible with the character of the community, the intent of this article and is shown not to be a safety hazard.

(j)

Landscaped areas and perimeter areas shall be so graded as to receive a reasonable portion of the rainfall from the surrounding pavement. Protective curbing around landscaped areas will leave openings for the flow of water onto unpaved areas.

(k)

No shrub plantings shall be planted closer than four (4) feet from the back of any parking area or curbing. No trees shall be planted closer than three (3) feet from a parking area, back of curb, sidewalk, wall, fence, building or any other hardscape surface.

(a)

Applicability:

(1)

Ten (10) percent of each proposed single family or multifamily residential development shall be set aside for common open space and recreation area. Common open space and recreation provisions shall apply to each residential development within the corporate limits and extraterritorial jurisdiction of the City of Daphne except as exempted below.

(b)

Exemptions:

(1)

Where a unified planned single family residential development (i.e., under single ownership and planned in multiple phases) is five acres (5 ac) or less in total area and the minimum lot size exceeds twenty thousand square feet (20,000 sq. ft.); or,

(2)

Where the entire subdivision is zoned R-1, Low Density Single Family Residential.

(c)

Common open space and recreation area set asides shall include formal recreation areas and/or natural open space areas. There are two (2) types of formal recreation areas: passive and active.

(1)

Passive recreation areas may include but shall not be limited to: open areas that include arranged plantings, gardens, gazebos or similar structures, fountains, sculptures, and other forms of public art, pedestrian walkways, dog parks, picnic areas, general landscaped areas, flower gardens, and other uses typical for passive recreation.

(2)

Active recreation uses may include but shall not be limited to: playground or park for local or neighborhood use with swing sets, ball fields, tennis courts, jogging trails, clubhouses, swimming pools, including accompanying accessory structures, and any other similar use suitable for the common enjoyment of the residents.

Natural open space areas that preserve and conserve the natural condition and hydrology of the property should be included as well as tree groves, wetlands, associated wetland buffers, rock outcrops, pastoral areas, floodplains, lakes, streams, rivers, wildlife habitat, utility and conservation easements, and scenic vistas and trails. Detention ponds and related stormwater facilities, especially low impact development measures, may also be included.

(d)

Phasing/implementation: A common open space and recreation area plan shall be a provided as a component of the subdivision master plan for single family or multi-family residential subdivision development, except where herein exempted.

Upon preliminary plat submission for the first phase of the development an agreement shall be established for the implementation of the common open space and recreation area plan. The agreement shall be made using appropriate forms as provided by the city and shall include:

(1)

The proposed common open space and recreation area plan;

(2)

A cost estimate of all work associated with the common open space and recreation area plan improvements (this excludes land and/or utility costs), and;

(3)

A renewable surety bond valid for two (2) years in the amount of one hundred and ten (110) percent of the cost estimate or a letter of credit drawn on an Alabama based bank.

(e)

Performance standards: The following factors shall be considered to determine the location for common open space and recreation areas.

(1)

Where possible and appropriate, common open space and recreation areas shall be readily accessible and useable by property owners.

(2)

To the maximum extent practical, a portion of the common open space and recreation area should provide focal points for the development.

(3)

Common open space and recreation areas shall have at least one (1) direct access to a public right-of-way.

(4)

The common open space and recreation areas shall be compact and contiguous unless the land is used as a continuation of or link to an existing or planned adjacent open space resource or where specific natural or topographic features require a different configuration.

(5)

In all developments, due regard shall be shown for all natural features such as large trees, heritage trees, water courses, historical spots, and similar community assets which, if preserved, will add attractiveness and value to the overall development.

(f)

Streetscapes:

(1)

A streetscape design shall be incorporated into the common open space and recreation plan as part of the overall master landscape plan.

(2)

At a minimum, the plan shall include a design for street trees and for residential lots.

(3)

One (1) overstory tree shall be planted every fifty (50) feet along the right-of-way with the exception of rear alleys. Said trees shall be planted at a distance of six (6) feet or greater from any adjacent sidewalk.

(4)

This plan shall include the theme for street trees, lot trees, and street furniture that complements the proposed development.

(Ord. No. 2022-74, § 5, 1-3-23)

More stringent design and landscape standards may be required by the planning commission in any district if it is determined the design would be more compatible with the development and/or more beneficial to the aesthetics of the city.

(Ord. No. 2022-74, § 5, 1-3-23)

(a)

Detention ponds—General: Vegetation shall be planted around the circumference of detention areas.

(b)

Subdivisions and planned unit developments: Retention areas shall have embankments planted with a combination of grass (sod) and shrub plantings. Additional requirements for trees may be required as deemed appropriate by the planning commission. There shall be a minimum of one shrub for every five (5) feet of circumference around retention or detention areas.

(Ord. No. 2022-74, § 5, 1-3-23)

The landscape architect shall be responsible for the supervision of all plantings. Upon completion, the landscape architect shall certify in writing to the director of community development that the submitted, approved landscape plan has been implemented and is in compliance with the provisions of this article.

(Ord. No. 2022-74, § 5, 1-3-23)

A certificate of occupancy shall not be issued until the submitted, approved landscape plan has been fully implemented or a financial guarantee for the implementation of the landscape plan is submitted. Said guarantee shall be in an amount equal to one hundred and fifty (150) percent of the total remaining installation cost. Said cost shall be certified by the landscape architect responsible for the design. In no case shall a certificate of occupancy be approved without the written approval of the design landscape architect.

(Ord. No. 2022-74, § 5, 1-3-23)

Maintenance of new plantings, fencing and/or natural areas is the responsibility of the developer and/or property owner(s). Any vegetation or trees planted or retained to fulfill the requirements of this article that become damaged or diseased must be replaced by the property owner by the beginning of the optimum planting season of the following year and approved by a professional landscape architect. The landscape architect or the property owner must notify the designee of the director of public works in writing when the replacement tree(s) and vegetation has been planted.

(Ord. No. 2022-74, § 5, 1-3-23)

The Code Enforcement Officer of the City of Daphne shall serve the owner of said property, each person, firm or corporation engaged in the activities regulated hereunder in which the activities are being conducted in violation of any provision of this article. The person(s) shall be fined upon conviction, not less than twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00) and costs of the court for each offense.

(Ord. No. 2022-74, § 5, 1-3-23)