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1205 O 0 tf'~\ (') 1''''\ ,~n . ',:' ,: ~ ~ I; :- i' .~ <\O'~ ''\..J' ,J! '", <.:.i ORDINANCE NO. 1205 (# 13 - 03) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE f 16.20.; AMENDING JACKSONVILLE MUNICIPAL CODE f 18.72.; PROVIDING LANDSCAPING REGULA TIONS AND REQUIREMENTS FOR RESIDENTIAL, COMMERCIAL, AND MANUFACTURING DEVELOPMENT, SITES, AND ZONES; AND, FOR OTHER PURPOSES. WHEREAS, many citizens and City officials believe that current regulations and requirements for landscaping needs applicable to Jac'<sonvil"e businesses, residences, and industrial locations are insufficient to provide the aest letically pleasing, environmental y friendly, and hazard -- free develo,Jment schemes and areas sought and desired JY Jacksonville citizens and officials; and, WHEREAS, a Committee of City Council members, Planning Commissioners, City officials, and citizens lave researched and studied the possible rules and reguations available extensively. After a series of meetings and review of available restrictions, guidelines, and consideration given for creation of such rules and regulations for our community, t!le Committee's recommendations to the City Council are accepted and adopted for inclusion in the Jacksonville Municipal Code (JMC). NOW, THEREFORE, BE IT ORDAINED BY THE CII Y COUNCIL OF THE CII Y OF JACKSONVILLE, ARKANSAS, THA T: SECTION ONE: Jacksonville Municipal Code 9 16.20. is hereby created and entitled the JACKSONVILLE LANDSCAPE DEVELOPMENT CODE. JMC 9 16.20.010 (Purpose) is further created and shall include the following: JMC ~ 16.20.010 (Purpos~) This Ordinance and its applicable regulations are to preserve, protect, and enhance the aesthetic, ecological, and safety environments of the City of Jac <sonvi e. Proper y andscaped areas absor J carbon dioxide and supp y oxygen, buffer and screen adjacent properties, improve tle a,Jpearance of property abutting incompatible land uses, promote aesthetically pleasing appearances and character of neighborhoods, developments, and portions of the City, promote natural percolation of storm water and improvement of air quality, protect soil erosion, provide shade and facilitate safe movement of traffic in vehicular use areas, reduce hazards associated with flooding, and reduce the negative effects of dust, glare, heat, noise, and otler objectiona) e activities generated JY some land uses. It is hoped t lat, with passage of t lis Ordinance, t lere wi Je an improved appearance, quality, and quantity of landscaped areas throug lout t le City of Jacksonville. SECTION TWO: Jacksonville Municipal Code 9 16.20.020 (Definitions) is hereby created and shall include the following: JMC ~ 16.20.020 (Definitions.) Tle following phrases, terms, and words, Wlen used in this Ordinance, s la have the meaning ascribed to them in t lis Section, except where the context clearly indicates a different meaning. Berm(~) An earthen mound designed to ,Jrovide visual interest, screen undesirable views, and/or decrease noise. Buffer(~) A combination of physical space and vertical elements, such as plants, Jerms, fences, or walls, the purpose of which is to encourage preservation of large trees on a site, facilitate effective drainage and erosion control, reduce or e iminate public view of cuts and fi s, and/or separate and/or screen incompatible land uses. Buildina Landscape Area(s) The on-site landsca Je area which ..... , ~. - separates parking from the building, created and maintained to improve the appearance of the building from the street and parking areas. OO~';1fl':':}7 . . \....~ \.;1 fi::.,1 ORDINANCE NO. 1205 (# 13 - 03) Page Two Commercial Zone(s) Zoning classifications primarily used for commercial business Jurposes commonly referred to as C-l, C-2, C-3, and (-4. Curb Cut(s) Any access area to a parking lot from any alley, highway, right-of-way, road, street, or from any other parking lot. Deciduous A plant or tree which loses its foliage on an annual basis. Everareen A plant or tree whicl does not commonly lose its foliage on an annual basis. Fence(s) A border or boundary item constructed of approved materials such as masonry (brick, stone, etc.), wood, iron (decorative fencing material only), metal (chain link), PVC (fencing industry material only), or a combination thereof used upon private and public property to border and/or enclose a particular area/boundary. Unaccepta J e materials include, but are not limited to, corrugatec metal/tin, fiberglass panels, or other sue 1 materials not commonly used by the fencing industry to enclose such areas. Grass(e~) All species normally grown as permanent lawns in the area reasonably free of disease, pests, and weeds. Ground Cover(~) Plant material that reaches a maximum height of not more than eighteen (18) inches in height and may be used in lieu of grass. Landscape Area(s.) Any landscape area within the perimeter of t le parking area, excluding the )ui ding andscape area. Its primary purpose is to provide a brea < in the mass of the parking area and to control traffic circulation on the site. Irr(r;tation An adequate supply of water which can be made available to andscape plant material and grassy areas. Landscape An area within the boundaries of a given property which consists of a combination of planting materials and inorganic materia's including, but not imited to, flowers, grass, ground cover, shrubs, trees, native plant materials, planters, stones, brick, concrete, water elements, and other landscaping materials elements meant to enhance the appearance of the property . Landscape Des~an Plan A Landscape Design Plan shall consist of a site plan and/or plot plan drawn to include North arrow, proper sea 'e, and key, including all dimensions, easements, set backs, property lines, and incuding the e ements of design as outlined by JMC g 16.20.030. M~;or Renovation When the costs of renovation of the .Jroperty involved is equal to or exceed more than Fifty Percent (500/0) of the appraised value of the pro Jerty according to the records of the Pulaski County Assessor's Office. Manufacturing Zone(~) Zoning classifications primarily used for industrial and manufacturing purposes commonly referred to as M-1 and M-2. Off-street Parking A space on private land accessible from a usable alley or street not 'ess than Nine feet (9') wide and Eighteen feet (18') long, together with the necessary maneuvering room within the private property. Ornamental Tree(s.) A tree planted primarily for its ornamental value and/or screening purposes which are commonly smaller at maturity than other trees. Parking Area/Lot(~) Space on private land accessible from a usable alley or street designated, intended, required, and used for the circulation, display, maintenance, operation, parking, repair, service, and/or storage, temporary or permanent, of vehicles, which shall include, but not be limited to, an automobile, boat, bus, car, motorcycle, trailer, tractor, truck, or other such equipment which are self-powered. All parking surfaces must be dust-free and constructed of asphalt, concrete, masonry materials, and/or a combination thereof, together with appropriate designed and constructed curb and gutter to surround the exterior borders in question and any interior borders t lerein. o. "', .(.~ l"~ (v"b.1'''lL8/', U0')~,.~1" ORDINANCE NO. 1205 (# 13 - 03) Page Three Perimeter Landscape Strip A andscaped area which separates the vehicular use area from adjoining Jro.Jerty and/or public right-of-way, designed to enhance the visual appearance of the site and to provide screening of the vehicular use area and certain other uses and/or activities from the public right- of-way and abutting properties. Property Line/Boundary The legal boundary between Two (2) lots or parcels of land. For purposes of this Ordinance, this phrase shall also include property lease lines that separate independent uses or activities on aot or parcel of land. Residential Zone(~) Zoning classifications ,Jrimarily used for multi-family residential purposes commonly referred to (for purposes of this Ordinance only) as R-3 and R-7. Screen/Screening The use of natural or man-made topography, berms, fences, ground covers, grassy areas, shrubs, trees, and/or walls or any combination thereof which partially or completely blocks the view of one area from the other and maintaining an attractive appearance. Unacceptable materials include, but are not limited to, corrugated metal/tin, fiberglass panels, or other such materials not commonly used by the fencing industry to enclose such areas. Shrub(s)/Hed..aes Se f-supporting, woody, deciduous or evergreen species of plants with a minimum height of Eig lteen (18) inches at installation. Street(s) Any dedicated or private avenue, boulevard, expressway, freeway, highway, lane, roadway, or thoroughfare commonly used for vehicular traffic. Tree(s) A deciduous or evergreen plant species of an upright, woody, nature having a single main stem or several main stems and which, at maturity, sha I attain a leight and crown spread of no less than Fifteen feet (15'). Trees laving an average mature crown spread ofess tlan Fifteen feet (15') may be substituted by grouping the same so as to create the equivalent of Fifteen feet (15') crown spread. All trees shall have a minimum caliper of Two inches (2") at a point One foot (1') above ground at the time of planting. Undisturbed A land area which is intended to remain in a natural state, including topography, trees, and vegetation. Enhancements, such as .additional landscaping, rep acement of under Jrush and other treatments, may be made only if approved )y tle City. Vehicular Use Area(~) That area of private develo,)ment subject to vehicle traffic, including access ways, driveways, loading and service areas used for parking, maneuvering, or storage of ve'licles, boats, or portable construction equipment. All private lands upon which vehicles travel over as a function of its primary use. Wall(s) Opaque barriers intended to control access, mark a boundary, screen a view, or prevent intrusion. All wals shall be a Je to withstand normal wear functioning as a barrier designed and constructed in a sound manner and maintaining an attractive appearance. Unacceptable materials include, but are not limited to, corrugated metal/tin, fiberglass panels, or other such materials not commonly used by the fencing industry to enclose such areas. SECTION THREE: Jacksonville Municipal Code 9 16.020.030 (Landscape Design Plan) is :lereby created and shal include the following: JMC ~ 16.20.030 (Landscape Desi9n Plan) Two (2) copies of a Landscape Design Plan (LDP) shall be submitted to and approved by the City Engineer before the construction, development, expansion, or major renovation of an area as outlined in this Ordinance in zoning classifications R-3, R-7, C-1, C-2, C-3, C-4, M-1, and M-2. 0.. o. ~~. .rl ,1..'-} ('.} ,: ~_~ \; c;:1 J ORDINANCE NO. 1205 (# 13 - 03) Page Four A Landscape Design Plan s la consist of a site plan and/or plot plan drawn to include North arrow, proper scale, and key, including all dimensions, easements, set backs, and Jroperty lines, reflecting and including the following requirements: (A) Location of the proposed building(s), building expansion(s), entire off-street parking and vehicular use area with designated spaces (including disabled parking), curbs and proposed curb cuts, driveways, sidewalks, and overa site development plan in conjunction wit'l adjacent land uses and related buildings, streets, and existing traffic control devices; (B) Detailed Planting Plan regarding materials and plant species to be utilized throughout the Plan, including both existing and new items; (C) Specification of plant species, including common names, numbers, locations, and spacing of existing and proposed plant(s), shrubs, trees, and other natural landscaping features, and approximate size and height of all such plant materials and species at the time of installation; (D) Proposed treatment of all ground surfaces including, but not limited to, bed designs, bark, grasses, gravel, ground covers, asphalt, brick, concrete, dirt, etc.; and, (E) Irrigation, drainage, and other water systems to be utilized; (F) Designation and location of existing utilities and proposed connections, including fire hydrants to service the property; and, (G) Ot ler applica) e pans and materials to be utilized for Screening, Lighting, and Fencing. SECTION FOUR: Jacksonville Municipal Code 99 16.20.033 (Preservation Goals) and 16.20.034 (Landscape Design Review) are hereby created and shall include the following: JMC 16.20.033 (Preservation Goals) The preservation of existing plant materials, SUCl as specimen trees, s 10uld be incorporated into the Landscape Design Plan (LDP). In instances where healthy pant material(s) exist on a site prior to its development, Applicant shall work diligently to include and adjust the application of the above mentioned standards to the existing plant life on site. Preservation of existing trees is encouraged. Maintenance of existing and newly installed plants and landscaping design elements is a so vita to the Landscape Design. Measures must be taken during construction and after panting to insure reasona) e continued good lea t 1 for the plants included in the Plan. JMC 16.20.034 (Landscape Desi9n Revie~) Upon submission of all necessary elements to the Landscape Design Plan(s) to the City Engineer, the Plan shall be reviewed and returned to the Applicant. If the Plan is found to be in compliance with the requirements of this Article, then the City Engineer shall grant Landscape Approval. Plans found not in comp iance with the provisions contained witlin this Ordinance shall be returned to Applicant with comments regarding t le areas of non-comp iance. Corrected plans may be resubmitted for additiona review, and Landscape Approval may be issued when full compliance is satisfied. Approval of plans not in full compliance with the terms of this Ordinance shall only occur through a majority vote of those quorum members present at a Jacksonville Planning Commission meeting. SECTION FIVE: Jacksonville Municipal Code 9 16.20.035 (General Site Development Landscaping Requirements)/ Jacksonville Municipal Code 9 16.20.036 (Screening Requirements)/ and Jacksonville Municipal Code 9 16.20.037 (Ground Cover Requirements) are hereby created and shall include the following: JMC ~ 16.20.035 (General Site Development). Landscaping treatment should be fully integrated into the overall site development, first taking into account 0001.'LJO ORDINANCE NO. 1205 (# 13 - 03) Page Five requirements for grading, drainage, stormwater detention, buffers, utilities, buildings and retention of existing trees. JMC ~ 16.20.036 (Screenin9 Requirement~) The grading and landscaping of a site shall be accomplished in such a way as to screen dumpster areas, outside storage areas, and certain other such activities external to buildings on the site from street view and abutting development of dissimilar use (Le., commercial adjacent to residential, etc.). Existing anc planted vegetation, berms, fences, walls and other landscaping devices may Je used to achieve the required screening in accordance with minimum standards as outlined under the terms of this Ordinance. (1) Species and Spacing Requirements. Screening standards described above are intended to apply during all seasons of the year. A minimum of Fifty percent (50010) of the trees and a minimum of Seventy-five percent (75010) of the shrubs to be used for screening purposes shall be evergreen varieties. Recommended maximum spacing of Fifteen feet (15') for trees anc' Three feet (3') for shrubs should be utilized for One Hundred Percent (1000/0) screening of the view. JMC 916.20.037 (Ground Cover Requirement~) All soil in landscape beds will be fully covered by appropriate materials such as, but not limited to, plants, mulch, bark, rock, a combination thereof, and/or other such appropriate materials. SECTION SIX: Jacksonville Municipal Code 9 16.20.040 (Landscape Requirements Per Zone Classifications)/ Jacksonville Municipal Code 9 16.20.042 (Residential Zones [R-3 and R-7})/ Jacksonville Municipal Code 9 16.20.044 (Commercial [All Zones})/ Jacksonville Municipal Code 9 16.20.045 (Manufacturing [All Zones})/ Jacksonville Municipal Code 9 16.20.047 (Protection of Landscaping)/ Jacksonville Municipal Code 9 16.20.048 (Sight Distance Requirements)/ and Jacksonville Municipal Code 9 16.20.049 (Flexibility in Applying Standards) are hereby created and s la inc ude the following: JMC g 16.20.040 (Landscape Requirements Per Zone Classifications.) Under the terms of this Ordinance, all landscape development shall comply with the following applicable provisions of this Section. JMC ~ 16.20.042 Residential Zones (R-3 and R-?) - Multi-Family Residential and Manufactured Housing Parks zones will follow the same landscape development provisions as those detai ed in JMC ~ 16.20.044. JMC ~ 16.20.044 Commercial (All zones.) - A commercial zone deve opment will adhere to the following requirements: 1n Perimeter Planting Strips. (a) A perimeter planting strip shall be required along any side of a vehicular use area that abuts adjoining property or the right-of-way of any street, highway or freeway. This strip shall be at least Six (6) feet wide, and small or irregular shaped spaces can receive a variance from t lis request down to a minimum of Four feet (4') as approved by tle Panning Commission. I (b) One (1) tree and Four (4) shrubs or vines for every Forty (40) inear feet shall be planted in the perimeter planting strip. The width of driveways crossing the perimeter strip shall be subtracted from the length of the perimeter strip for purposes of complying with this provision. (c) Where a fence or wall is utilized in a perimeter planting strip adjacent to a street, Four (4) s'lrubs or vines shall be planted every Forty (40) linear feet along tle fence or wall. (d) Where a fence or wa is utilized in a perimeter planting strip, the fence or wall must be constructed with the face toward the adjacent ORDINANCE NO. 1205 (#13 - 03) Page Six 0, (' ~~~ ~'~'~ !.r'~11"'" J v" .A<I"~.I property with any su Jporting structure members screened from view of the adjoining property. (e) Where the perimeter strip is part of a Twenty feet (20') or wider buffer area that is to be maintained in a natural state with dense undergrowth, up to Onelundred (100) percent of the s'lru'Jbery requirement may be waived. (f) In all applications, a property owner/developer shall lose no more than Eight Percent (80/0) of the affected real estate for purposes of providing perimeter panting strips. 2. Interior Landscaping Requirements. (a) Interior landscape plantings shall comprise at least Six percent (6 0/0) of any vehicular use area containing more than Fifteen (15) parking spacesu (b) The minimum size of an interior planting area shall be One Hundred (100) Square Feet. At least One-third (1/3) of the total interior planting area s lal Je provided in individual areas of Two Hundred (200) Square Feet or greater. (c) One (1) tree will be required for every Fifteen (15) parking spaces. 3. Building Landscaping. (a) Landscape areas shall be provided between the vehicular use area used for public parking and the building they serve. (This would exclude truck loading of service areas not opened for public parking). These areas shall be in aggregate equal to an equivalent planter strip Four feet (4') wide along the vehicular use a rea. (b) The size and location of planter areas and the placement of trees and shrubs witlin tlese planter areas should be freely adapted to meet ocal site conditions. 46 Ground Cover Requirements. All soil in landscape beds will be fully covered by ap.Jro,Jriate materials such as, but not limited to, plants, mulch, bark, rock, a combination thereof, and/or other such appropriate materials. JMC _~ 16.20.045 Manufacturint;t (All zone~) - Manufacturing Zone Development will be required to meet all landscaping requirements of JMC 9 16.20.044 witl tle following exceptions: (1) All manufacturing facilities anc properties visible from street frontage must be landscaped and developed in such a manner as to comply with apJlicable terms of this Ordinance from the street to the building setback lines; (2) Manufacturing compounds, facilities, and yards enclosed by fencing and used for storing materials, manufactured products, equipment, and truc<oac'ing and un 'oading sha -, be excluded from landscaping requirements unless otherwise c'esired; and, (3) Manufacturing sites adjacent to other manufacturing sites shall not be required to Jrovide perimeter landscaping strips behind the building setback lines between said properties unless so desired. JMC ~ 16.20.047 (Protection of Landscaping) Raised concrete curbing or other approved devices shall be placed around the base of each landscaped area to protect plantings from automobile and pedestrian traffic. Such curbing shou'd be offset Two (2) feet from panting areas a Jutting parked vehicles in order to protect plantings from vehicle front-end overhang and vehicle doors opening into planter areas. ]MC~ 16.20.048 (Si9ht Distance Requirement~) Plant materials and other landscaping elements in areas of traffic sight distance shall be designed to maintain adequate sight distance for vehicular and pedestrian traffic. Shrubs, fences, and walls in these areas should be less than Thirty (30) inches of height above the grade of the vehicular use area, while trees in these areas should be regu ar y pruned to eliminate sig lt distance interruption Jeow Eight (8) feet from the ground. ORDINANCE NO. 1205 (# 13 - 03) Page Seven O 0 O.~' ....1t "'0 d-;J ~1 , . ~ _"tJ ) {Ji.,J JMC~ 16.20.049 (Flexibility in Applvin9 Standards.) It is the intent of these provisions to allow reasonable and appropriate flexibility for adapting landscaping design standards described in this article to the specific conditions of an individual site. SECTION SEVEN: Jacksonville Municipal Code 9 16.20.050 (Plant Material Selection Requirements) is hereby created and shall include the following: JMC ~16.20.050 (Plant Material Selection Requirement~) Plant materials used for compliance with the provisions of this Ordinance should conform to the "American Standards for Nursery Stock, Volume One - Latest Edition", Grade No.1, American Association of Nurseryman, Inc., or subsequent editions thereto. Plant materials shou:d be selected from the lists included in Appendix D under the following guidelines: (a) It is the intent of this Ordinance to be flexible; thus, any person, firm, or corporation may select plants not listed in AJpendix D for landscaping and screening purposes as long as plants substituted are able to withstand harsh weather conditions, comply with all other provisions of this Ordinance, and are approved by the City Engineer prior to planting; and, (b) Trees, grasses, and shrubs p'anted in public rights-of-way must be approved by the City Engineer prior to planting. SECTION EIGHT: Jacksonville Municipal Code 9 16.20.060 (Removal of Waste Materials) is hereby created and shall include the following: JMC ~16.20.060 (Removal of Waste Materials:) During the course of construction and Planting, excess and waste materials shall be continuously and promptly removed, and all reasonab e precautions ta <en to avoid damage to existing structures, plants, and grass. When al work is comp eted, the contractor shall leave the site in a neat and orderly condition. SECTION NINE: Jacksonville Municipal Code 9 16.20.062 (Cash Bond Required for Postponed Improvements) is hereby created and shall include the following: JMC ~16.20.062 (Cash Bond for Post/Joned Improvements:) Wlen in the judgment of the designated agents, under tle provisions of this Ordinance tle then- current season of the year is not conducive to sustaining life for trees and plants required hereunder for commercial, multi-family residential, and manufacturing developments or zones, compliance with these provisions may be postponed for not more than One (1) year. At the option of the City, by and through the City Engineer or the Planning Commission, a cash or surety bond in favor of the City in an amount equal to tle estimated cost of tle postponed improvements Sla Je posted by tle owner or developer, and a temporary conditiona certificate of occupancy may be issued upon said posting of said cash or surety bond. Estimates of landscaping cost may be prepared by the project architect or engineer, by a landscaping architect, or by a landscape contractor. Failure to complete such postponed landscaping within any such One (1) year postponement period shall effect any automatic forfeiture of the cash or surety bond; provided however, such forfeiture shal not re ieve tle owner or deve oper of comp ying with the provisions of this article. The forfeiture may be c e ayed or set aside for no more t lan One (1) year if it is determined by the City that such delay is excusable or justified. It sha be the responsibility of the Applicant to establish valid reasons for such postponement. In all circumstances, only One (1) extension may be permitted, and the maximum period for said extension shall be One (1) year. (....,..n(~-1 ".!~ U U ~<L~ _M.rl i.J o..J ORDINANCE NO. 1205 (# 13 - 03) Page Eight SECTION TEN: Jacksonville Municipal Code 9 16.20.070 (Maintenance Requirements) is hereby created and shall include the following: JMC ~ 16.20.070 (Maintenance.) The developer, Applicant, his/her/their successor, and/or the property owner shall be responsible for regular weeding, irrigating, fertilizing, pruning or other maintenance of all plantings on the private property of the deve opment. P ant materia s w lie 1 are insta ed for compliance wit 1 the terms of this Ordinance, both on private property and t le public rig It-of-way, which exhibit evidence of insect pests, disease and/or damage, shall be appropriately treated and dead plant materials replaced in a timely fashion. The property owner of land abutting a constructed public right-of-way area between the property line and the curb/street shall be required to regularly weed, mow, prune, and maintain plantings in compliance with good horticultural practices. If the owner neg ects or refuses to remove, abate, or e iminate any such condition or conditions as are provided for in this article so as to constitute a nuisance under this or any other City ordinance, after having been given Seven (7) days' notice in writing to do so, it is presumed that the owner is in violation of this section and guilty of a misdemeanor. SECTION ELEVEN: Jacksonville Municipal Code 9 16.20.080 (Public Rights of Way) is hereby created and shall inc ude the following: JMC ~ 16.20.080 (Public R~Qhts of Wa.v) This article does not require that landscaping must Je undertaken in Jublic rights-of-way except the seeding or planting and maintenance of appropriate ground cover. However, should any person desire to make other landscape improvements within public rights-of-way, then all other provisions of this Ordinance shall be enforced and all plantings in compliance with the terms of this Ordinance. SECTION TWELVE: Jacksonville Municipal Code 916.20.090 (Enforcement and Penalties) is hereby created and shall include the following: JMC ~ 16.20.090 (Enforcement and Penalties.) (A) Any applicant, business, corporation, entity, individual, partnership, and/or person are expected to fully comp y with the terms and conditions required by this Ordinance. Those found in violation of the terms of this Ordinance shall Je notified of said violation(s) in the following manner: (1) Upon discovery of said violation(s), the City Engineer and/or his designated representative(s) shall notify the responsible party(ies) in writing outlining the terms of non-compliance and providing a specified reasonable time frame in whic 1 to lave said condition(s) brought into compliance with the terms of t lis Ordinance and/or post the appropriate cash/surety under the terms and conditions outlined in JMC ~ 16.20.062. Notification mailed by postage prepaid, first class, will be deemed sufficient notice under the terms of this Ordinance; (2) Upon expiration of the designated time frame or when notified by the responsible party that sufficient work has been completed, the City Engineer and/or his designated representative shall inspect said property for compliance witl t'le terms of tlis Ordinance. If all repairs have been properly and time y made, the matter will Je c osed. Should the non-conforming condition exist, the City Engineer and/or his designated representative may, with good cause, extend the time period by no more than Seven (7) calendar days to allow for completion of the necessary work and/or for the responsible party(ies) to post the appropriate cash/surety bond under JMC 9 16.20.062. A second inspection will be required before approval is granted. 00.. !tf~;.~. 'f). 4... ~_. jL,\.. ORDINANCE NO. 1205 (# 13 - 03) Page Nine (3) Should non-compliance continue after the second and/or subsequent ins Jection(s), the City Engineer shall notify the Code Enforcement Officer(s) and have the responsible party(ies) cited for violation of the terms of this Ordinance. (B) Any non-conforming responsible party(ies) shall be cited into the Jacksonville District Court, and each day a non-conforming condition exists shall constitute a separate violation. (C) Should any such citation result in a plea/finding of guilt/conviction in the Jacksonville District Court, the res.Jonsible party(ies) will be responsible for payment of applicable court costs and may be fined no less than Fifty Dollars ($50.00) and no more than Five Hundred Dollars ($500.00) per violation of the terms of this Ordinance. SECTION THIRTEEN: All Ordinances or parts of Ordinances in conflict herewith are here JY repealed to the extent of such conflict. SECTION FOURTEEN: This Ordinance shall be in effect from and after its date of passage in accordance with applicable law. APPROVED AND ADOPTED THIS ;;t) vl. DA Y OF NOVEMBER/ 2003. Cl/ Y OF JACKSONVILLE, ARKANSAS ~)J r- LuLfh::: / 'vV~ TOMk~A .VR A I / c~ / D. APPENDIX D 0- 0 tr~ ~:~ 'f'r:- ~ ~. ...l" U ~ Tree Species The following list of trees are those which have been found to be best suited to this area and yet requiring the least amount of maintenance. This list along with the secondary list are those trees which may be planted in the required landscaping area. Additional selective trees may Je substituted when proven to be hearty to this region: COMMON NAME SCIENTIFIC NAME Bald Cypress Chinese Elm Flowering Bradford Pear Taxodium distichum Ulmus Parvifolia Pyrus Calleryana "Bradford" Ginkgo biloba Gleditsia triacanthos Pinus Taeda Quercus palustris Quercus acutissima Celtis lacvigata Quercus phellos Ginkgo (male) Honey Locust Loblolly Pine Pin Oak Sawtooth Oak Sugar Hac < Jerry Willow Oak (Secondary Lis() The following list of trees are those which have been found to be the next best suited to this area but require increased maintenance: COMMON NAME SCIENTIFIC NAME American Holly Crab Apple Crepe Myrtle Dogwood Hawthorn Redbud River Birch Southern Magnolia Swamp Red Maple Water Oak Weeping Willow Ilex opaca Malus SPPB Lagerstoemia indica Conus florida Crataegus opaca Cercis canadensis Betula nigra Magnolia grandiflora Acer rubrum Quercus nigra Salix Jabylonica SHRUBS Primary list The following list of shrubs are t lose which have been found to be best suited to this area and yet requiring the east amount of maintenance. This list along with the secondary list are those shrubs w'lich may 'Je planted in the required landscaping area. Additional selective shrubs may be substituted when proven to be hearty to this region: COMMON NAME SCIENTIFIC NAME Evergreen Ho .ies Nandina Ilex species Nandina domestica OO~I"',"" i!?, ~- 6' "" .', '~,If" #0 ,~, ' , .__fJ _LL~ .'> Secondary List The Following list of shrubs are those which have been found to be the next best suited to this area but require increased maintenance. COMMON NAME SCIENTIFIC NAME Abelia Boxwood Chinese Photinia Abelia grandiflora Buxus sempervirens Photinia serrulata GRASSES The following grasses may be used to comply with this Ordinance: Mayer Z-52-Zoysia Emerald Zoysia Bermuda grass Bermuda grass hybrids Centipede St. Augustine The grasses listed in this subsection are the more commonly used grasses adjacent to vehicular use areas. GROUND COVERS Primary list The following list of ground covers are those which have been found to be best suited to this area and yet requiring the least amount of maintenance. This list, along with the secondary list, are those ground covers which may be planted in the required landscaping area. Ac ditional selective ground covers may be substituted when proven to be hearty to tlis region: COMMON NAME SCIENTIFIC NAME Dwarf Nandina Junipers Liriope Memorial Rose Mondo Grass Periwinkle Spreading Euonymus N. domestica "Harbour Dwarf" Juniperus species Liriope Muscari Rosa Wichuraiana Ophiopogon japonicus Vinca Minor E. fortunci "Radicans" Secondary list The following list of ground covers are those which have been found to Je the next Jest suited to tlis area but require increased maintenance: COMMON NAME Carolina Jessamine Dwa rf Sa m boo English Ivy Honeysuckle SCIEN /lFIC NAME Gelsemium sempervirens Arundinaria pygmaea Hedera Helix Lonicera sempervirens