This article shall be referred to as "Walker Landscape Ordinance."

(Ord. No. 11-1998-3, Art. 1, 11-9-98; Ord. No. 6-1999-2, Art. 1, 6-14-99)

The purpose of this article is to protect and enhance the community's environmental, economic and aesthetic resources consistent with the goals of the cities governing body thereby promoting the public health, safety and general life welfare of the citizens and contributing to the quality of life by encouraging a high level of design in the development of the city.

(Ord. No. 11-1998-3, Art. 1, 11-9-98; Ord. No. 6-1999-2, Art. 1, 6-14-99)

Ground cover. Material planted in such a way as to form a continuous cover over the ground that can be maintained at a height not more that twelve (12) inches.

Landscape area. An unbuilt upon area of land in which landscape material are placed, planted or maintained, exclusive of servitude.

Landscape design. The preparation of graphic and written criteria, specifications, and detailed landscape design plans to arrange and modify the effects of natural features such as planting, ground and water forms, circulation, walks and other landscape features to comply with the provisions of this article.

Shrub. A woody perennial plant differing from a perennial herb by its persistent and wood stems, and from a tree by its low stature (generally obtaining a height less than eight (8) feet and its habit of branching from the base.

Trees, class "A." Any self-supporting woody plant of a species which normally grows to an overall height of at least fifty (50) feet, with either one main stem or trunk and many branches, or several stems or trunk. Crape myrtles for example.

Trees, class "B." Any self-supporting woody plant of a species which normally grows to an overall height of at least twenty-five (25) feet, with either one main stem or trunk and many branches, or several stems or trunk. Crape myrtles, for example.

(Ord. No. 11-1998-3, Art. 1, 11-9-98; Ord. No. 6-1999-2, Art. 1, 6-14-99)

(1)

The landscape ordinance review committee shall be composed of seven (7) members appointed by the mayor, subject to approval of the board of aldermen, who shall appoint such members as the following:

(a)

Board of aldermen, member;

(b)

A landscape architect, licensed in the State of Louisiana;

(c)

A licensed landscape contractor;

(d)

Livingston Parish Board of Realtor, member;

(e)

A professional arborist;

(f)

Two (2) citizens, appointed at large.

(2)

Any five (5) members of the said committee shall constitute a quorum. Said committee shall meet at least once a month to review landscape designs and conduct the business of the committee.

(3)

The mayor and board of aldermen is hereby directed and authorized as a committee with full powers to act and review all appeals from the denial of a certificate or the refection of a landscape design.

(Ord. No. 11-1998-3, Art. 1, 11-9-98; Ord. No. 6-1999-2, Art. 1, 6-14-99)

(1)

All building permit applications covered by this article shall be accompanied by a landscape design. This landscape design plan shall be drawn to scale by a Louisiana Horticulture Commission license holder authorized to design such plans and shall include such design criteria that may be required by the landscape ordinance review committee to interpret the extent of the permit application.

(2)

Landscape design plan technical standards as specified in standards published by the Louisiana Association of Nurserymen and the Louisiana Horticulture Commission, shall apply to the design, installation and maintenance of all landscaping required by the appendix to the ordinance.

(Ord. No. 11-1998-3, Art. 1, 11-9-98; Ord. No. 6-1999-2, Art. 1, 6-14-99)

(1)

The site design standards contained in this article are intended to encourage development which is economically viable and environmental sensitive. Project conditions associated with individual sites may justify approval of alternative methods of compliance with the landscape design standards. Conditions may arise where normal compliance is impractical or impossible, or where maximum achievement of the town's objectives can only be obtained through alternative compliance. Such conditions are to be approved by the landscape ordinance review committee upon a case by case basis.

(2)

Exemptions. Exemptions from some of the requirements of this article may be granted on a case by case basis for preservation of existing trees and natural elements.

(Ord. No. 11-1998-3, Art. 1, 11-9-98; Ord. No. 6-1999-2, Art. 1, 6-14-99)

(1)

The property owner must obtain from the city building inspector a clearing permit approved by the landscape ordinance review committee prior to any clearing of tracts of one acre or more.

(2)

A landscape design shall be submitted along with the building plan when applying for a building permit. The landscape design shall be approved by the landscape ordinance review committee.

(3)

No building permit shall be issued until the landscape design is approved by the landscape ordinance review committee.

(4)

A landscape certificate, indicating compliance with the requirements of this article shall be obtained from the landscape ordinance review committee upon completion of a landscaping and shall be presented to the city building official prior to the issuance of a certificate of occupancy.

(5)

The landscape certificate may be revoked for failure to maintain plant materials and planting areas if so determined through periodic inspection by the landscape ordinance review committee. If a landscape certificate is revoked, the owner will need to reapply for and obtain a new landscape certificate in order to maintain the certificate of occupancy.

(Ord. No. 11-1998-3, Art. 1, 11-9-98; Ord. No. 6-1999-2, Art. 1, 6-14-99)

(1)

No certificate of occupancy shall be issued until the landscape requirements are met as shown on the approved landscape design and given final approval by the landscape ordinance review committee unless a performance bond in the amount of estimated cost of the landscaping as determined by the landscape ordinance review committee is posted by the owner and/or developer of the property. If the owner/or developer has not been issued a landscape certificate within sixty (60) days of the posting of the bond, the landscape ordinance review committee may place the owner/or developer in default and utilize the bond proceeds to complete the required landscaping. The occupancy of any premises prior to the issuance of a landscape certificate shall be unlawful.

(2)

Any applicant denied a landscape certificate or who has had his landscape design rejected may appeal to the mayor and city council within thirty (30) days of notice of denial. The appeal must be in writing and fully state the reason or reasons for the appeal. The appeal must also be accompanied by a copy of the landscape design submitted to the landscape ordinance review committee.

(3)

Upon the filing of an appeal, the mayor and city council shall conduct a hearing on the appeal within thirty (30) days of notice of filing. The city clerk shall notify the appellant and the landscape ordinance review committee of the scheduled date of the hearing. The mayor and city council shall establish rules and regulations for its own procedure at the hearings.

(4)

A decision of the mayor and city council to modify or reverse a decision, of the landscape ordinance review committee shall be in writing and shall set forth the reasons therefore. The decision shall also specify the condition upon which the modification is made.

(5)

Any person or corporation who shall violate any of the provisions of this article or fail to comply therewith or with any planting or structure in violation of any detail statement of landscape design submitted and approved hereunder shall be guilty of misdemeanor and shall be fined not less than twenty-five dollars ($25.00), not more than one hundred dollars ($100.00) or be imprisoned for [not] more than thirty (30) days for each day that the violation continues, and each day such violation shall be permitted to exist shall constitute a separate offence.

(Ord. No. 11-1998-3, Art. 1, 11-9-98; Ord. No. 6-1999-2, Art. 1, 6-14-99)

(1)

The landscape ordinance review committee shall adopt administrative guidelines to this article in the form of landscape design standards consisting of rules, regulation, procedures, approved plant material lists and landscape design requirements to be known as "Landscape Ordinance Design Guidelines" for the administration and enforcement of this article.

(2)

Changes or modification to the administrative guidelines shall be made by vote of the landscape ordinance review committee.

(3)

The City of Walker, through the inspection division of the department of public works, shall be authorized to collect a fifty dollar ($50.00) application fee to cover processing changes as required for the implementation of this article. Such fees shall be set by resolution.

(Ord. No. 11-1998-3, Art. 1, 11-9-98; Ord. No. 6-1999-2, Art. 1, 6-14-99)