Label
TMC Amendments re: Part 11 - Planning and Zoning Code
Plan Commission
L.Cottrell (x2342)
Title
Amending Toledo Municipal Code Part Eleven - Planning and Zoning Code by repealing Section 1108.0401 Quality and Installation, and enacting an amended version of Section 1108.0401; and declaring an emergency.
Body
SUMMARY & BACKGROUND:
This ordinance is to amend the language in the Landscape Material Standards of Part Eleven to encourage the use of native plants on all land use developments. The use of native plants supports environmental benefits such as improved water quality and reduced air pollution. These plants are inherently adapted to the local habitat and require minimal maintenance, reducing long-term costs. The proposed changes to the text are shown at Exhibit A. The proposed text amendment is consistent with the Forward Toledo Comprehensive Land Use Plan and stated purpose of the Zoning Code.
Summary
NOW THEREFORE Be it ordained by the Council of the City of Toledo:
SECTION 1. That Toledo Municipal Code, Part Eleven, §1108.0401 which states as follows:
1108.0401 Quality and Installation.
A. Only those plant species shown on the "City of Toledo Approved Plant Materials List" or those otherwise identified by a licensed Landscape Architect, Horticulturist, or Ohio Certified Nursery Technician as appropriate for this region may be used to satisfy the landscaping and screening standards of this chapter.
B. Plants installed to satisfy the requirements of this chapter must meet or exceed the plant quality and species standards of the most recent edition of "American Standards for Nursery Stock" published by the American Association of Nurserymen.
C. Plants must be nursery-grown and adapted to the local area. No artificial plants or vegetation must be used to meet any standards of this section.
D. All plant material will be mulched with shredded hardwood mulch, or approved equal. Plant material massings will be incorporated into mulch beds.
E. All plant material must be installed according to sound nursery practices in a manner designed to encourage vigorous growth that is not intrusive to utilities, pavement, pedestrian traffic or vehicular traffic.
F. All required plant material must be planted within 6 months or by the next planting season, as outlined in the latest edition of "American Standards for Nursery Stock," after all construction activity in the area of the new planting has ceased.
G. Plant material will be specified and placed to minimize conflict with overhead and underground utilities.
Is repealed.
SECTION 2. That the Toledo Municipal Code §1108.0401 is enacted to state as follows:
1108.0401 Quality and Installation.
A. Plants must be nursery-grown and adapted to the local climate and water availability. No artificial plants or vegetation shall be used to meet any standards of this section.
B. Plants installed to satisfy the requirements of this chapter must meet or exceed the plant quality and species standards of the most recent edition of "American Standards for Nursery Stock" published by the American Association of Nurserymen.
C. Native plants and pollinators are strongly preferred. Species must be listed on the most recently published species list and meet the governing body’s definition of “native”. Acceptable governing bodies include the United States’ Department of Agriculture’s Natural Resources Conservation Service, the Ohio Department of Natural Resources’ Division of Natural Areas and Preserves, or a similar authority deemed appropriate by the Planning Director.
1. Native Plant Maintenance. Native Plant Landscape Areas shall be maintained to:
i. Prevent the spread of invasive or noxious plant species identified in TMC 955.01;
ii. Prevent encroachment onto sidewalks, streets, or neighboring properties;
iii. Prevent accumulation of litter, debris, or refuse; and
iv. Follow TMC 1108.0406 Watering Standards.
D. All plant material will be mulched with shredded hardwood mulch, or approved equal. Plant material massings will be incorporated into mulch beds.
E. All plant material must be installed according to sound nursery practices in a manner designed to encourage vigorous growth that is not intrusive to utilities, pavement, pedestrian traffic or vehicular traffic.
F. All required plant material must be planted within 6 months or by the next planting season, as outlined in the latest edition of "American Standards for Nursery Stock," after all construction activity in the area of the new planting has ceased.
G. Tree species selected to meet standards of TMC 1108.0202 and TMC 1108,0204 shall be selected from the City of Toledo Street Tree List. Trees located along any street or public way must comply with TMC Chapter 917. Plant material will be specified and placed to minimize conflict with overhead and underground utilities.
SECTION 3. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that the same is necessary for the immediate preservation of the public peace, health, safety and property, and that this Ordinance must be immediately effective in order to provide accurate and complete standards for use by property owners.
Vote on emergency clause: yeas _____, nays _____.
Passed: _________________, as an emergency measure: yeas _____, nays _____.
Attest: ________________________ __________________________________
Clerk of Council President of Council
Approved: _____________________ __________________________________
Mayor
I hereby certify that the above is a true and correct copy of an Ordinance passed by Council ________________________.
Attest: ________________________
Clerk of Council