The landscaping requirements established by this Article are intended to:

(a)

Enhance the aesthetic appearance of developments throughout the City by providing standards related to the quality and functional aspects of landscaping.

(b)

Increase compatibility between abutting land uses and between land uses and public rights-of-way by providing landscape screening or buffers.

(c)

Protect public health, safety, and welfare by preserving and enhancing the positive visual experience of the built environment, providing appropriate transition between different land uses, preserving neighborhood character, and enhancing pedestrian and vehicular traffic safety.

(d)

Provide for the conservation of water resources through the efficient use of irrigation, appropriate mix of plant materials, recycling water elements, and regular maintenance of landscaped areas.

(e)

Reduce the urban heat island effect, enhance the local microclimate, and increase biodiversity.

No building permit or certificate of occupancy may be issued for any lot or use subject to the requirements of this Article unless all the requirements of this Article have been met. Failure to implement the landscape plan, or to maintain the lot or use in conformance with the landscape plan, is cause for revocation of the certificate of occupancy and/or the application of fines and penalties, as established in Article IV Administration and Enforcement, of this Ordinance. In addition, all landscape is subject to periodic inspection.

With the understanding that landscaping is critical to proper stormwater management, it is highly recommended that both this and the following chapter, Article X: Stormwater Management, be read in their entirety before beginning any site planning so that stormwater management practices are incorporated into landscaping in the most efficient and cost effective manner possible.

(a)

Applicability: The provisions of the landscape section apply to:

(1)

All new development projects with the exception of single-family dwellings, two-family dwellings, and multifamily dwellings of five (5) units or less.

(2)

Existing development other than single-family dwellings, two-family dwellings, and multifamily dwellings of five (5) units or less that requires the issuance of a building permit for a building addition or renovation amounting to more than twenty-five percent (25%) of the existing street façade.

(3)

Issuance of a Certificate of Occupancy

(4)

Development, redevelopment or re-paving of vehicular use areas (parking lots), or vehicular use area additions of one (1) or more parking spaces with the exception of single-family dwellings, two-family dwellings, and multifamily dwellings of five (5) units or less.

(b)

Landscape Plan Submission and Approval:

(1)

Three (3) sets of each plan must be submitted to the Director of the Department of Inspections and Code Enforcement. The Director shall approve each plan in consultation with a landscape architect and/or civil engineer licensed in the State of Louisiana prior to issuance of the building permit.

(2)

In addition to meeting the requirements herein, each plan must include any criteria that may be required by the Director of the Planning and Zoning Department. If disapproved, justification must be given to the applicant.

(3)

All reviewed plans will be returned to the designer marked "approved" or "approved as noted" or "denied." Rejected plans may be returned to the department for re-evaluation once noted corrections are made.

(4)

A copy of each approved plan will be archived to ensure that it was implemented as permitted and maintained as required.

(5)

Where City Council approval is required, such as a conditional use, the applicable landscape plan must be approved the Department of Planning prior to any Council action. If changes occur to the plan after approval, the changes must not compromise the original plan.

(c)

Content of Landscape Plan:

(1)

Landscape plans shall be prepared by a landscape architect or landscape horticulturist licensed in Louisiana. A landscape plan shall contain the following information:

a.

The location and dimensions of all existing and proposed structures, property lines, servitudes, easements, parking lots and drives, roadways and rights-of-way, sidewalks, signs, refuse disposal and recycling areas, bicycle paths and parking facilities, fences, utilities on and off site, recreational facilities, drainage facilities, and other freestanding structures, as determined necessary by the Director of the Planning and Zoning Department.

b.

The location, quantity, size, condition, and name, both botanical and common, of all existing plant materials and trees, and a description of all tree preservation measures.

c.

The location, quantity, size, name, and condition of all plant material and trees in the right-of-way, and indicating plant material and trees to be retained and removed.

d.

The location, quantity, size, and name, both botanical and common, of all proposed plant material including, but not limited to, shade and evergreen trees, shrubs, groundcover, annuals, perennials, and turf.

e.

Irrigation or watering system plans, if applicable

f.

The existing and proposed grading of the site indicating contours at one (1) foot intervals

g.

Elevations of all proposed fences, walls, steps, and fixed retaining walls on the site

h.

Sight triangles at all vehicular driveways

i.

Current land use of adjacent properties

j.

A summary tabulation of all landscape requirements

k.

Elevations, cross-sections, and other details as deemed necessary by the Director of the Planning and Zoning Department

l.

Any other requirement deemed necessary by the Director of Inspections and Code Enforcement needed to determine compliance with this Article

(2)

When the final landscape plan is submitted, a date for completion of all plantings and related work must be included on the plan. Landscaping must be installed and completed in accordance with the submitted plan prior to the issuance of a certificate of occupancy.

(3)

All landscape plans must contain the following landscape and buffer maintenance agreement notation:

a.

The owner is responsible for the maintenance of all landscaping.

b.

All plant materials must be maintained in a healthy and growing condition as is appropriate for the season of the year.

c.

Plant materials, which die, must be replaced with similar healthy plant materials.

d.

All landscaping must be maintained in a neat and orderly manner at all times. This includes mowing, edging, pruning, fertilizing, watering, weeding, and other such activities common to the maintenance of landscaping.

e.

Landscaped areas must be kept free of trash, litter, weeds and other such material or plants not part of the landscaping.

f.

All sight triangles shall be maintained in accordance with AASHTO standards as per the latest edition of A Policy on Geometric Design of Highways and Streets.

(d)

Minor Changes to Approved Landscape Plans: Minor changes to the landscape plan that do not result in a reduction in the net amount of plant material as specified on the approved landscape plan or a reduction in the net amount of water detained or stored and filtered on-site may be approved by the Director of the Planning and Zoning Department. Changes to the size and amount of plant materials of an approved landscape plan are not considered a minor change. Major changes shall be approved by the body initially granting approval of the landscape plan.

(e)

Alternative Compliance:

(1)

The landscape standards contained in this Article are intended to encourage development, which is economically viable and environmentally sensitive. The standards are not intended to be so specific as to inhibit creative development. Project conditions associated with individual sites may justify approval of alternative methods of compliance with the landscape standards. Conditions may arise where normal compliance is impractical or impossible, or where maximum achievement of the City's objectives can only be obtained through alternative compliance.

(2)

Requests for alternative compliance will be accepted for any permit application to which the requirements of this Article apply, when one (1) or more of the following conditions are met:

a.

Topography, soil, vegetation, drainage, or other site conditions are such that full compliance is impractical.

b.

Improved environmental quality would result from the alternative compliance provisions of this Article.

c.

Spatial limitations, unusually shaped pieces of land or unusual servitude requirements may justify alternative compliance.

d.

Public safety considerations made alternative compliance necessary.

(3)

A request for alternative compliance must be submitted to the Director of the Department of Planning when the landscape plan is submitted.

a.

The Director of the Department of Planning, in consultation with the Director of the Inspections and Code Enforcement department, may not reduce the requirements of this Article by more than fifty (50) percent.

b.

Requests for alternative compliance must be accompanied by sufficient written explanation and landscape plan drawings to allow appropriate evaluation and decision by the Director of the Department of Planning in consultation with the Director of the Department of Inspections and Code Enforcement.

(a)

Installation:

(1)

All landscape materials shall be installed in accordance with the current planting procedures established by the "Louisiana Nurseryman's Manual for the Environmental Horticultural Industry," latest edition, as published by the Louisiana Nursery and Landscape Association. All plant materials shall be free of disease and installed so that soil is of sufficient volume, composition, and nutrient balance to sustain healthy growth.

(2)

All planting materials shall be of good quality and meet American Association of Nurserymen (AANS) Standards for minimum acceptable form, quality, and size for species selected.

(3)

Soil must be fertile, friable soil typical of locality. It must be well drained, clean, and free of clay, stones, and weeds. Construction sand/soil will not be approved as a suitable planting medium.

(4)

A minimum two-inch mulch dressing is required for all plantings. Mulch should be kept away from direct contact with tree trunks. Rock and gravel are not acceptable forms of mulch. The use of cypress mulch is prohibited due to environmentally destructive harvesting practices.

(b)

Protection of Existing Vegetation: All construction projects due shall abide by Section 9.09, Tree and Shrub Plantings on Public Property and will preserve existing, non-invasive plant material wherever feasible.

(c)

Maintenance: The technical requirements for the maintenance of plant materials and landscape areas are as follows:

(1)

The developer, his successor, agent and/or property owner, is responsible for the maintenance, repair and replacement of all landscape materials that are required by this comprehensive landscape ordinance. Maintenance includes but is not limited to weeding, irrigating, fertilizing, pruning, and replacement of dead or dying plants.

(2)

Landscape maintenance specifications require that all landscaping must be maintained in a sound manner and in accordance with accepted maintenance procedures as established by the Louisiana Nursery and Landscape Association.

(3)

All plant materials and planted areas must be tended and maintained in a healthy growing condition and kept free of refuse and debris. Plant materials that exhibit evidence of insect pests, disease, and/or damage must be appropriately treated, and dead plants must be replaced.

(4)

Care must be taken to protect all trees and landscape materials while performing routine maintenance operations (i.e. grass cutting, trenching, etc.).

(5)

The removal of any trees or landscape materials for the purpose of flood or drainage requirements must be replaced by a similar tree or plant material as required by the provisions of this comprehensive landscape ordinance.

(6)

All plantings are subject to periodic inspections by the City of Kenner.

(7)

The property owner of land abutting a constructed public right-of-way is responsible for landscaping and maintenance of any right-of-way area between the front property line and the street curb.

(8)

Trees which overhang sidewalks at curbs must be trimmed to a minimum height of six (6) feet six (6) inches above grade.

(9)

Trees which overhang streets must be trimmed to maintain clearance at a minimum height of fifteen (15) feet above grade or conform to the latest edition AASHTO (American Association of State Highway and Traffic Officials) A Policy on Geometric Design of Highways and Streets, whichever is greater.

(10)

Tree topping is prohibited

(11)

Diseased or Hazardous Plants:

a.

The Director of the Department of Inspections and Code Enforcement has the authority to require that property owners treat or allow the City to treat trees or shrubs suffering from transmittable diseases or infestation of pests.

b.

If the disease or pests warrant drastic action to curb the spread to healthy trees or shrubs, or if the tree represents a public hazard, on the advice of the Director of the Department of Inspections and Code Enforcement, the property owner may be required to cut and destroy the trees or shrubs or allow the City or its agent to do so, charging the actual cost involved to the property owner.

c.

If the property owner refuses to pay any such charges, the charges will be treated as grass or weed charges, following the procedures set forth in Kenner Code of Ordinances 9½-7(f), 9½-7(g) and 9½-7(h), including liening the owner's property and including the charges on the ad velorum tax bill.

(12)

Sight Triangles: As per Section 7.06 (d)(5), and in addition, must conform to AASHTO (American Association of State Highway and Traffic Officials) standards as per the latest edition of A Policy on Geometric Design of Highways and Streets.

(13)

Watering:

[a.]

Operation of Automatic Irrigation Systems. Whenever possible, automatic irrigation systems should be operated between the hours of four (4) and six (6) A.M.

[b.]

Maintenance of Irrigation Systems. Irrigation systems must be constantly maintained to eliminate waste of water due to seasonal change, loss of heads, broken pipes, or misadjusted nozzles.

[c.]

Manual Watering. When no irrigation system is provided, the owner of the property is responsible for the provision of adequate water to required plant materials.

Landscape plans, as described above, shall be prepared by a landscape architect or landscape contractor licensed in Louisiana, and evaluated and approved based on the following design criteria:

(a)

Scale and Nature of Landscape Material: The scale and nature of landscape materials shall be appropriate to the size of the site and related structures.

(b)

Selection of Plant Material: Plant material shall be selected for its form, texture, color, pattern of growth, and suitability to local conditions. The use of invasive plant species is strictly forbidden. All landscape plans shall incorporate at least thirty percent (30%) of native trees and shrubs into required plant materials to provide habitat for wildlife and reduce irrigation requirements.

(c)

Trees:

(1)

All single trunk trees must have a minimum caliper of two (2) inches immediately after planting.

(2)

Multi-trunk trees must have main stems with a minimum one (1) inch caliper per trunk immediately after planting. All multi-trunk trees must have a minimum of three (3) trunks. The multi-trunk tree must measure a minimum of ten (10) to twelve (12) feet tall immediately after planting. All tree heights must be measured from the top of the root ball to the tip of the branch.

(3)

Palm trees count toward Class "B" tree requirements only. Only cold hardy species acclimated to growing in this climate are permitted. All palm trees must have a minimum height of fourteen (14) feet trunk height, measured from the ground line, which should be at or near the top of the root zone, to the base of the heartleaf.

(4)

Tree species must be selected or located in such a manner that will not interfere with overhead utility lines.

(5)

Trees must be planted in a bed with a minimum planting area of sixty (60) square feet.

(6)

Recommended species list. The Department of Planning will provide species recommendations upon request.

(7)

A minimum of twenty-five percent (25%) of the total number of required trees must be "Class A."

(8)

Class A trees are any self-supporting woody plant of a species that normally grows to an overall height of fifty feet (50') or more.

(9)

Class B trees are any self-supporting woody plant of a species that normally grows to an overall height of greater than twelve feet (12').

(10)

Palm trees can only be used for up to thirty-three percent (33%) of the total tree requirements.

(d)

Shrubs:

(1)

Shrubs must be a minimum 3-gallon well-rooted container stock.

(2)

Unless otherwise noted, all shrubs must be planted a minimum of three feet (3') on center.

(3)

Shrubs used for screening or buffering purposes must obtain a minimum mature height of thirty-six inches (36").

(e)

Perennials and Groundcover: Groundcovers (other than turf grass) must be minimum four-inch container stock, spaced a maximum of eight (8) inches on center. Two and one-half (2½) inch container stock may be substituted and spaced a maximum of six (6) inches on center. Vines and ground cover plants should show a number of vigorous runners or a well-developed crown.

(f)

Mulch: A minimum two-inch mulch dressing required for all plantings. Mulch should be kept away from direct contact with tree trunks. Rock and gravel are not acceptable forms of mulch. The use of cypress mulch is prohibited due to environmentally destructive harvesting practices.

(g)

Detached Signage: All detached signage must include a three-foot deep, twelve-inch tall minimum planting bed on all sides of the sign. This planting requirement does not apply toward other planting requirements.

(h)

Irrigation: The use of drip irrigation systems is encouraged. Irrigation design and installation must meet the requirements of the Louisiana Horticultural Commission.

(1)

An irrigation system is required for all commercial, institutional, public, and semipublic land uses.

(2)

The Director of Planning may require a fully automated irrigation system with a rain sensor.

(i)

Waste Water Prevention: Water waste resulting from inefficient landscape irrigation is prohibited. Water waste from irrigation is defined as runoff that leaves the target landscape due to low head drainage, overspray, or similar conditions where water flows onto adjacent properties, non-irrigated areas, walks, or roadways. Overspray and runoff are not considered water waste from irrigation if either one of the following conditions is met:

(1)

The landscape area is adjacent to semi-pervious or pervious surfaces.

(2)

The adjacent non-permeable surfaces are designed and constructed to drain entirely to landscape.

(j)

Stormwater Best Management Practices: The City encourages the use of stormwater best management practices (BMP), such as retention basins, detention reservoirs, bio-swales, planted buffers, rain gardens, infiltration trenches, grass filters, porous paving, underground stormwater collection chambers and other on-site stormwater management practices to improve water quality, reduce stormwater runoff and flood hazards.

In order to comply with federal, state, and local regulations for urban stormwater management, a stormwater management plan shall be submitted as part of any new development, including redevelopment, of a site of seven thousand (7,000) square feet or more of impervious surface, or any new development, including redevelopment, of a site of one (1) acre or more in size.

Single-family, two-family, and multi-family dwellings of five (5) units or less do not required a stormwater management plan, but shall comply with all other applicable federal, state, and local stormwater ordinances.

This section provides the technical requirements for the installation of plant materials and landscaped areas.

(a)

Site Square Footage Requirement:

(1)

For all residential, commercial and special districts excluding R-1, R-1A, RR-1 and R-2:

a.

There must be one (1) tree for each five thousand (5,000) square feet, or fraction thereof, of developed site area. On sites with buildings exceeding fifty thousand (50,000) square feet, fifty (50) percent of the required trees shall be Class A.

b.

There must be one (1) shrub for each one thousand (1,000) square feet.

(2)

Industrial and Airport related districts:

a.

There must be one (1) tree for each twelve thousand five hundred (12,500) square feet, or fraction thereof, of developed site area.

b.

There must be one (1) shrub for each three thousand (3,000) square feet.

(b)

Greenbelts: A greenbelt is the required landscaping space adjacent to the property line of any public right-of-way of which the developed site fronts. Such areas must be landscaped based on the following criteria.

The first five (5) feet extending from the property line along developed public rights-of-way must be landscaped in accordance with provisions set forth below.

(1)

The greenbelt must contain:

a.

A minimum of one (1) tree for every forty (40) linear feet of street frontage, or fraction thereof, measured at the property line. The required trees may be located anywhere within the above area. Corner lots with frontage on more than one (1) street must calculate the street planting requirements along the entire street frontage.

b.

A minimum of one (1) shrub per ten (10) linear feet of right-of-way frontage. Shrub and non-turf ground cover plantings must cover forty (40) percent of the greenbelt. The required shrubs and ground cover can be arranged in any manner.

c.

A minimum of seventy-five (75) percent of the greenbelt must have a ground cover or grass and other plant materials. The remaining twenty-five (25) percent may be covered with rock, stone, bark, etc., and other impermeable features including sidewalks and points of ingress and egress.

(2)

The greenbelt requirement is in addition to the site square footage requirement.

(3)

The greenbelt may contain earth berms, masonry walls, pedestrian walkways, site furniture, signage, site lighting, irrigation systems, fountains, play equipment, drainage facilities including micro detention/retention basins, detention/retention ponds and any other appropriate landscape features as approved by the Director of the Department of Inspections and Code Enforcement in consultation with the Director of the Planning and Zoning Department.

(4)

Retaining existing vegetation, either as lone growing specimens or groves of trees, within the greenbelt is highly encouraged. As an incentive to preserve existing non-invasive healthy trees and specimen shrubs found growing within the site area, credit for trees, shrubs and ground covers will be given as outlined in section (d) Landscape standards, (6) Tree preservation towards standards set forth in section (d) Landscape standards, (3) Landscape requirements. Underbrush and non-native weeds may be removed.

(c)

Residential Buffer Zone:

(1)

For the side and rear property lines abutting a residential zone or structure, one (1) tree is required for every ten (10) feet (or portion thereof) of common property line. Each tree must be spaced evenly along the common property line and must be planted in a strip of not less than five (5) feet wide. Each planting area must be landscaped with ground cover or other landscape material excluding paving in addition to the required tree.

(2)

Prescribed fences or walls must be constructed in a continuous, unbroken barrier for the purpose of buffering off-street parking or other vehicular use areas exposed to the abutting property. The barrier must be between the common lot line of the abutting property and the off-street parking and/or other vehicular use area.

a.

Walls must be constructed in a durable fashion with a finished opaque surface of brick, stone, or other decorative masonry material approved by the Director of the Planning and Zoning Department.

b.

Fences must be constructed in an opaque durable fashion with weather resistant wood or vinyl and be of a consistent pattern. All materials used in the construction of a fence must be designed and intended for such use.

c.

The Director of the Department of Inspections and Code Enforcement may approve a buffer fence/wall constructed of other materials, including earth berms, provided the materials and finish used will provide generally the same degree of opacity, durability, and aesthetic compatibility with adjoining residential areas as weather resistant wood. A finished side of all walls or fences must face the common property line boundary.

i.

All berms must be planted with both shrubs and groundcovers to leave no bare earth.

ii.

All shrubs must be of a size and species that can be expected to materially screen the development site within two (2) years of planting.

iii.

The slope of a berm must be no greater than 3:1; Berms must be a minimum of three (3) feet in height or greater.

iv.

Berms may be curvilinear in design. Combined fence and berm height at any point must meet minimum height requirements.

d.

Chain link and/or welded wire fences are not acceptable buffer fence materials.

(d)

Landscaping of Vehicular Use Areas and Parking Lots:

(1)

A minimum of eight (8) percent of the vehicular use area of the interior of the lot must be landscaped with trees, shrubs, and groundcover other than turf grass for the purpose of guiding and separating vehicular and pedestrian traffic.

(2)

Such landscaping must be distributed within the vehicular use area in such a manner that no parking space is further than fifty (50) feet from a Class A or B tree.

(3)

Perimeter of lot:

a.

The perimeter(s) of the lot adjacent to public rights-of-way must be landscaped as required in section 9.07 (b), greenbelt requirement inside the property line. Trees must be located between the property line abutting the right-of-way and the off-street parking or other vehicular use area.

b.

Adjacent to non-residential use:

i.

A three-foot wide minimum landscape strip for effective buffering of the vehicular use area must be provided from streets and other views, including adjacent vehicular use areas.

ii.

One (1) tree must be provided for each forty (40) feet of the common property line along the rear and side property lines. Such trees must be between the common lot line of the abutting property and the off-street parking or other vehicular use area.

iii.

A hedge, wall, earth berm, or other durable landscape barrier with a minimum of thirty-six (36) inches in height along public rights-of-way and alongside and rear property lines, must be placed along the perimeter of said landscape strip.

iv.

If said barrier consists of nonliving material, one (1) vine or shrub must be planted every ten (10) feet and abutting the barrier.

v.

The remainder of the required strip must be planted with grass, ground cover or other landscape material exclusive of paving.

vi.

Properties zoned industrial (S-I, L-I, H-I, AH-I) are permitted to plant the three-foot wide landscape strip with grass or groundcover in lieu of the thirty-six (36) inch in height landscape barrier along the side and rear property lines.

(4)

Interior of lot: Interior lot landscaping must be provided by landscaped islands, peninsulas, or medians within the vehicular use area.

a.

For vehicular use areas of twelve (12) to one hundred (100) parking spaces, one (1) interior Class A tree or two (2) interior Class B trees for every twelve (12) parking spaces or fraction thereof.

b.

For vehicle use areas of over one hundred (100) parking spaces, one (1) interior Class A tree or two (2) interior Class B trees for every ten (10) parking spaces or fraction thereof.

c.

In large parking lots with over one hundred (100) parking spaces, all double sided parking rows must have a terminal-planting island.

d.

Any parking island, peninsula, or planting space internal to a vehicular use area must have a minimum width of five (5) feet and a minimum area of sixty (60) square feet of non-paved area if it is to contain a tree or trees. Change required width based on location of parking island and size of parking lot.

e.

Provide a continuous landscape strip between every four (4) rows of parking. This should be a minimum of five (5) feet in width to accommodate a low hedge and shade trees.

f.

Interior islands, peninsulas, or green space provided around a tree (or trees), for which preservation credits are to be given, must provide a non-paved area no nearer than three (3) feet from the tree(s) drip line to insure the survival of the preserved tree(s), subject to the approval of the Director of the Department of Inspections and Code Enforcement.

g.

In large parking lots, separate pedestrian walkways must be provided to allow safe movement within the lots. These walkways should generally be oriented perpendicular to and between parking bays. Adjacent to the walks, trees should be planted. See Section 7.06 (m).

h.

All such landscaped areas must be protected from vehicular access to these areas with six-by-six-inch raised vertical face curbs.

i.

Residual areas not used for vehicular use or access must be landscaped.

i.

Underground electric conduit, underground drain lines, communications cables, irrigation lines and the like must be installed within underground utility chases located within the first one-third (⅓) of the width of the available planting space along the curb or walkway edge within medians, neutral grounds, peninsulas, divider islands and interior islands so as not to interfere with tree installation. Offsets into the center of such spaces will be allowed if design dictates placement of light standards and other fixtures within the center of the space.

(e)

Loading Areas and Service Bays: All service bays, loading and unloading areas, trash receptacles and dumpster areas must be screened by an opaque fence with a minimum height of seven (7) feet and consisting of wood, brick, vinyl or masonry. A thirty-six (36) inch minimum tall hedge or vines along all common property lines is also required. The fence and planting requirements may not be applied toward other landscape requirements. Exceptions may be made by the Director of the Planning and Zoning Department in consultation with the Director of the Department of Inspections and Code Enforcement for sites where spatial conditions do not allow for such screening.

(f)

Utility Service Area: Utility service areas must be screened with plantings that will reach a mature height equal to that of the utility service area in three (3) years. This planting requirement does not count toward other planting requirements. Exceptions may be made in limited situations where plantings cannot obtain such heights. Example: cell phone towers.

(g)

Display/Outdoor Sales Area:

(1)

Defined as all areas used for the display and/or sales of any and all types of vehicles or equipment, whether such vehicles or equipment are self-propelled or not.

(2)

All display/outdoor sales areas must conform to the same screening and tree planting standards as set forth for vehicle use areas.

(3)

No singular point within a display/outdoor sales area may be more than fifty feet (50') from the nearest tree.

(a)

Tree Removal Permit: The tree removal process has been established to allow for a review of site development alternatives that would encourage the preservation of existing, significant trees. A tree removal permit is required prior to clearing any tract of land when one (1) of the following conditions is present:

(1)

Tree clearing is proposed for land zoned for commercial, office, industrial or institutional development(s) and the site contains tree(s) with twelve-inch DBH or greater; or

(2)

Tree clearing is for proposed residential development(s) greater than one (1) acre.

(b)

Tree Preservation: A tree preservation plan is required in order to receive credit towards the landscaping requirements. The following tree preservation requirements must be followed for a proposed commercial, office, industrial, institutional, or residential development in order to receive credit.

(1)

The owner is encouraged to preserve as many existing trees and shrubs as possible in the design and implementation of the landscape plan.

(2)

Tree credit rate for each tree preserved is determined by this schedule:

Table IX-1: Tree Preservation Credit Schedule

*Drip line diameter measurement is rounded off to the nearest foot.

**Diameter of trunk (DBH) of preserved tree is rounded off to the nearest inch.

a.

All other trees preserved will receive one (1) credit with the exception of Chinese Tallow (Sapium sebiferum), Black Willow (Salix nigra), Cottonwood (Populus deltoids), Camphor Tree (Cinnamomum camphora) and other trees with life spans of twenty (20) years or less or invasive species.

b.

Each tree credit is equal to one (1) Class A tree or two (2) Class B trees.

c.

Following the issuance of a building permit, trees not designated for tree preservation on an approved landscape plan may be removed.

d.

It is the responsibility of the owner to use reasonable care to maintain preserved trees. If a preserved tree dies within eight (8) years, it is the responsibility of the owner to replace that tree with the number of trees credited on a Class A or B matching basis within six (6) months. The owner is responsible for maintaining all plant materials required by this Article in good condition.

e.

The tree preservation plan must include the location, size, and condition of each tree to be preserved, along with an indication of proposed development features, which may impact such trees, any other pertinent information as required by the Director of the Department of Inspections and Code Enforcement to evaluate existing and proposed conditions.

f.

The tree preservation plan must include a detailed description of all methods to be used to ensure the survival of all trees scheduled for preservation credit, including information required by the Director of the Department of Inspections and Code Enforcement to interpret the intent and methodology proposed.

g.

All tree preservation methodology must conform to the standards of the Louisiana Department of Agriculture and Forestry, the Louisiana Horticulture Commission and the International Society of Arboriculture, or their successor agencies or organizations.

(c)

Tree Protection During Construction:

(1)

The area beneath the canopy of a tree shall be designated as a tree protection zone and kept safe from harmful impact during site development and construction.

(2)

In the erection of any building or structure, the builder, contractor or owner thereof must place tree guards or barriers around all the nearby trees belonging to the City to prevent injury to them, and may not place building materials or trash upon public property without the permission of the Directors of the Department of Inspections and Code Enforcement and Department of Public Works.

(3)

Contractors and others doing work on neutral grounds, either for excavation or other projects for which permission has been granted by the Director of the Department of Inspections and Code Enforcement, must give a bond to the Director of the Department of Inspections and Code Enforcement in an amount sufficient to guarantee the payment of all costs for repairing any settlement or other damage or deterioration that takes place in the neutral grounds as a result of the project undertaken by them. The Director of Inspections and Code Enforcement shall determine this amount in accordance with the Guide for Plant Appraisal, published by the Council of Tree and Landscape Appraisers, current edition.

(4)

Trees designated on the tree protection plan as protected trees must be completely enclosed by a fence at least of five (5) feet high, and approved by the Director of the Department of Inspections and Code Enforcement. The limits of the tree fence must extend to the drip line. Tree fence location must be as described on the tree protection plan.

(5)

In the event that a point of ingress/egress is required through a grove of trees to be preserved and all alternative routes have been investigated, the Director of the Planning and Zoning Department may allow a temporary pathway through the grove. Such a route will be as narrow as practical, temporarily covered with twelve-inch minutes gravel to protect tree roots from heavy machinery, and enclosed by protective fencing on both sides. A licensed arborist must be hired in order to properly prune tree branches damaged by construction equipment.

(6)

Tree protection fencing must be in place prior to any clearing or site work. Tree protection fencing must remain in place until all construction has been completed or final acceptance has been issued, whichever is last.

(7)

Tree protection fencing must carry durable signs designating the area as "Tree protection zone. No entry unless authorized by the Director of the Department of Inspections and Code Enforcement". Such signs must be spaced around the perimeter of all tree protection zones with a maximum spacing of twenty-five (25) feet. Signs must be a minimum eight (8) inches by ten (10) inches in size and must be firmly affixed to the tree protection fence.

(8)

Any violation of a tree protection zone will subject the owner to the loss of tree preservation credits and will require the suspension of all work until a revised landscape plan is approved for the project.

(9)

Tree protection zones must explicitly follow the terms and conditions of the approved tree preservation plan for that project or site. Any variation must receive the prior approval of the Director of the Department of Inspections and Code Enforcement.

(10)

The Director of the Department of Inspections and Code Enforcement may order additional tree protection measures if site conditions warrant them.

(a)

General Provisions:

(1)

No person is permitted to cut, disturb, or interfere in any way with the roots of any public tree.

(2)

Placement of decorations, wire, rope, signs, posters, barricades, and other fixtures on trees is prohibited.

(3)

Injury to trees, including the misuse or removal of any device placed to protect any tree, is prohibited.

(4)

Piling of building materials, debris or any other material about any tree or other vegetation is prohibited.

(5)

Paving or placing of gravel or other such material under a tree canopy is prohibited unless approved by the Director of the Planning and Zoning Department.

(6)

Dumping, pouring, or spilling of oil, concrete mix, salt or salt water or other substances upon any tree, including the root system, is prohibited.

(7)

The Department of Planning shall designate the type of vegetation for all public property.

(8)

The Director of Public Works may order that a tree or vegetation that was planted on public property be removed from the public property at the expense of the person or entity, which planted such tree or shrub.

(9)

Any person who injures, damages or destroys any tree, or other vegetation or property on public property under the care of the City of Kenner, shall promptly notify the Department of Public Works of such fact and that person shall, within such reasonable time as specified by the Department of Public Works, repair or replace such damaged tree, other vegetation or property to the satisfaction of the Director of Inspections and Code Enforcement.

(b)

Permit for Tree and Shrub Planting, Pruning, Removal and Other Maintenance:

(1)

No person, including public utility companies, is permitted to remove any tree or shrub growing within a dedicated street area of a public right-of-way or other public property without a permit from the Director of the Department of Public Works. Unless a permit is obtained from the Director of the Department of Public Works, it is unlawful to cut, trim, remove, spray, treat or plant any tree, shrub, hedge, or other plant upon a public right-of-way or other public property within the City. Violation of this section of the comprehensive landscape ordinance will subject the owner to penalties as outlined in Section 9.09 (e) Enforcement, Appeals, and Penalties.

a.

In cases where a private person or company has maintained public property prior to the effective date of this ordinance, the private person or company shall be exempt from the permit requirement for the maintenance of the property, including grass cutting, trimming, spraying, treatment and replacement of dead plants. This exemption does not apply to the removal of trees or to new tree or shrub planting.

b.

Exemption: If a public utility company has a franchise agreement with the City of Kenner, it shall be exempt from the permit requirements of this ordinance.

(2)

An application for a permit to plant, remove, prune or trim any tree or other vegetation in or on public property shall set forth the location in which the vegetation is to be planted, removed from or trimmed and be submitted to the Department of Public Works.

(3)

The application must include a notarized affidavit in which the applicant agrees to compensate the City for any damages to public property and to waive all claims against the City for personal and property damage sustained by the applicant that may be related in any way to said permit and also agree to indemnify the City against any claims of third parties for personal injury and property damage that may be related in any way to said permit.

(4)

The application permit fee shall be twenty-five dollars ($25.00) per permit for all activities involving trees and shrubs with trunks less than four (4) inches in diameter. A separate permit shall be required for each tree or shrub with a trunk four (4) inches or greater in diameter.

(5)

A permit may be conditioned on the furnishing of a bond or other adequate financial assurance for the payment of damages incurred as a result of a permit violation.

(6)

Approval of a tree or shrub removal permit by the Director of the Department of Public Works may be conditioned on replacement with a new tree or shrub of an approved variety if it is found that such replacement is necessary to maintain an ornamental tree system on the street, block, park or other public property.

(7)

Approval by the Director of the Department of Public Works will be given for tree removal when it is found that the particular tree should be removed or is unsafe because of growth which cannot be corrected by proper trimming, because of damage caused by the elements or because of age, disease or other debilitating cause, because of insecure root system which might cause the tree to fall, because of existing or potential interference with street use, because of root interference with subsurface sewer or utility facilities which reasonable root pruning may not correct, or because of any other conditions which he finds whereby such removal will be in the public interest.

(8)

All requests for permits required by this Article and denied by the Department of Public Works will be accompanied by a list of reasons for denial.

(9)

If the Department of Public Works refuses to grant a permit, the permit applicant may ask for the request to be reconsidered by the Director of the Department of Public Works within thirty (30) days from the date on which the written refusal was issued.

(c)

Public Utilities:

(1)

Public utility companies shall submit an annual trim plan by January 31 of each year to the Kenner Planning Department.

(2)

The Louisiana Horticulture Law found in La. Rev. Stat. 3:3801 et seq., as amended, and the rules and regulations of the Louisiana Horticulture Commission govern the requirements for licensure of Utility Arborists.

(3)

La. Rev. Stat. 3:3808, and the Horticultural Commission Regulation, Louisiana Administrative Code 7:XXIX.117 (I), authorize licensed Utility Arborists to recommend or execute the removal of trees or portions of trees along utility rights of way. Utility Arborists may not use climbing irons in any trees, which are not to be removed except in remote locations where other practical means of tree trimming are not available or as provided in Louisiana Administrative Code 7:XXIX.117.E.3. Utility Arborists are required to carry insurance as provided in Louisiana Administrative Code 7:XXIX.117.E.2.a. Utility Arborists must prominently display the license during all work. All recommendations and pruning practices must meet the standards outlined in the Tree Care Operations - Tree, Shrub and Other Woody Plant Maintenance - Standard Practices, latest edition document number A300, published by the American National Standards Institute (ANSI).

(4)

Failure to comply with the standards set forth in this section will result in penalties as outlined in La. Rev. Stat. 3:3810 and R.S. 3:3811.

a.

In the case of an emergency, public utility companies may perform a minimum such pruning or digging measures that are necessary to restore or to avoid the loss of service or to abate imminent endangerment to human life without a permit under the following conditions:

b.

All pruning or digging within the root system of a tree or shrub shall be done in accordance with the rules, of good arboricultural practice as set forth in the publication Tree Care Operations - Tree, Shrub and Other Woody Plant Maintenance - Standard Practices, latest edition document number A300, published by the American National Standards Institute (ANSI).

c.

Any emergency work must be subsequently brought up to appropriate standards to the greatest extent possible, as determined by the Department of Inspections and Code Enforcement. Such remedial work must be commenced as soon as possible.

d.

Notwithstanding the above, said permission need not be obtained by a public utility in connection with providing a service line or drop in the provision of utility service provided at the request of any of its customers.

(d)

Parkway Trees and Shrubs: All persons who are property owners or their agents may trim trees and other vegetation located on public property immediately in front or side of their property between the owner's private property line and the street right-of-way without a permit from the Director of Public Works. By trimming trees and other vegetation on said public property, such persons who are property owners and their agents shall thereby assume full liability for all damages to public property, that result from the action of said property owners or their agents that is related in any way to the trimming of trees and other vegetation on the public property and to fully indemnify the City including related court costs and attorney fees for any such damages or claims. Persons who are property owners or their agents shall be required to get a permit from the Director of Public Works to plant or remove trees or vegetation on public property other than grass, flowers or shrubs whose maximum size shall be less than thirty inches (30") in height. No permit fee shall apply to any permit issued to the owners of residential property who reside at such property as outlined in the above Exception; however, approval(s) and indemnification as outlined above shall apply to such permits.

(e)

Enforcement, Appeals and Penalties:

(1)

If a person or entity who causes damage to trees, shrubs or ground cover on public property fails or refuses to repair or replace the damaged or destroyed trees or other property within a reasonable period time as determined by the Director of Inspections and Code Enforcement, the Director of Inspections and Code Enforcement shall do or cause to be done the necessary repairing or replacement, and the costs of this work shall be recovered from the person responsible for the damage or destruction by proper action of law. In any such action, Guide for Plant Appraisal, published by the Council of Tree and Landscape Appraisers, current edition, shall form the basis of establishing any monetary damages due for damage or destruction to the tree.

(2)

Willful destruction of trees on public property shall render the person responsible liable for the actual cost of replacement, in addition to a fine of two hundred ($200.00) dollars for a small tree and five hundred ($500.00) dollars for a large tree, or be imprisoned no more than thirty (30) days, or both. In addition to the fine, the responsible party shall replace the damaged tree(s) with a specimen(s) of equal size and caliper, as approved by the Director of the Department of Planning, including a five (5) year warranty. If it is not possible to replace the tree with a tree of equal size, the difference in cost shall be met through the planting of as many additional trees as are required to match the monetary value of the destroyed tree. Guide for Plant Appraisal, published by the Council of Tree and Landscape Appraisers, current edition, and shall form the basis of establishing any monetary damages due for damage or destruction to the tree.