HomeMy WebLinkAboutOrdinance 6786113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6786
File Number: 2024-328
UNIFIED DEVELOPMENT CODE - CHAPTERS 166.02, 167.04 (AMENDMENT):
AN ORDINANCE TO AMEND § 166.02 DEVELOPMENT REVIEW PROCESS AND § 167.04 TREE
PRESERVATION AND PROTECTION OF THE UNIFIED DEVELOPMENT CODE TO MODIFY
DEVELOPMENT REQUIREMENTS ASSOCIATED WITH TREE PRESERVATION REQUIREMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,
ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 166.02 Development Review
Process (E)(2) Level 2 and enacts a new § 166.02 (E)(2) Level 2 as follows:
Mitigation Measures and Documentation by Development Threshold
lent City-wide Grading and Drainage/ Water Quality, Flood, and T
l Standard Stormwater Documentation Mitigation Measures
< or = Exempt from Grading and DrainageExempt
1,200 sf provisions except for those still associated
of IA with the Building Permit process such as
HHOD
1,201— • Completed Green Stormwater 2 or more measures from Step 1
6,000 sf Practice (GSP) Worksheet, Table 2 that Reduce Runoff via Bel
of IA demonstrating Runoff Reduction viaSite Design
Better Site Design. • 1 or more Green StormwE
• GSP Operation & Maintenance (O &Practices (GSPs) measures from S
M) Agreement to ensure the long-term2 of Table 2 as required to treat 101
functionality of these of the proposed
practices. additional impervious and gra
areas.
• Abbreviated Tree Preservation Plan
6,001— Same as Level 2. • Same as Level 2.
10,000 sf • As needed GSP measures from Stet
of IA 3 to further reduce runoff referred tc
as extended detention
• Abbreviated Tree Preservation Plan
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 167.04 Tree Preservation
Page 1
Ordinance: 6786
File Number: 2024-328
And Protection During Development (A)(11) and enacts a new § 167.04 (A)(11) as follows:
"Building Permits. Tree preservation requirements apply to all permit applications for developments of greater
than 1,200 square feet of impervious area. An abbreviated tree preservation plan, as set forth in § 167.04 (H)(3), shall
be submitted with the application for building permits on projects that are not required to go through the subdivision,
large scale development, or site improvement plan process. There shall be no land disturbance, grading, or tree
removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures
at the site inspected and approved."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 167.04 Tree Preservation And
Protection During Development (A)(12)(a) and enacts a new § 167.04 (A)(12)(a) as follows:
"Person seeking to construct 1,200 square feet or less of impervious area are specifically exempt from the
provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all the
provisions of this ordinance shall apply."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 167.04 Tree Preservation And
Protection During Development (H)(3) and enacts a new § 167.04 (H)(3) as follows:
"Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between
1,201 to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do
not fall under the requirements for developments required to go through the development review process of Technical
Plat Review Committee, Subdivision Committee and/or Planning Commission, shall prepare and submit an abbreviated
tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site plan,
plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees,
individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on
and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning,
restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban
Forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult
the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists.
Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall
they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 167.04 Tree Preservation And
Protection During Development (J)(4) and enacts a new § 167.04 (J)(4) as follows:
"(a) Developments proposed as building permits under Level 2 as outlined in § 166.02 (E)(2) are eligible for
contribution to the tree escrow account as an option.
(b) Residential developments which cannot achieve the base density tree requirements through preservation or
mitigation shall contribute to the Tree Escrow Account. The city shall use the money paid into the Tree Escrow
Account to plant trees within the development along rights -of -way detention ponds, common areas or other areas where
trees can be protected and have ahigh probability of survival to a mature tree. This shall be accomplished once the
development is built out or as approved by the Urban Forester.
(c) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a
building permit on all commercial, industrial, or multi -family residential buildings
and prior to final plat acceptance for all residential and non-residential subdivisions.
(d) Money contributed under this section:
(i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting,
and maintenance, utilizing either city staff or contract labor;
(ii) Shall not revert to the general fund for ongoing operations.
(e) If it is not possible to plant trees within the development, planting locations will be sought in appropriate
sites within a 1 mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be
used to plant the trees in the park quadrant in which the
Page 2
Ordinance: 6786
File Number.' 2024-328
development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban forest analysis should be
consulted when identifying appropriate locations to plant escrow funded trees.
(f) The City of Fayetteville shall refund the portion of the money contributed under this section, including the
accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on
a 4% annual rate.
(g) Refunds shall be paid to the present owner of the property that was the subject of new development and
against which the fee was assessed and collected.
(h) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and
receiving the refund, shall be sent or served in writing to the applicant no later than thirty (30) days after the date which
the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the
requirement of notice.
(i) The refund shall be made on a pro rata basis and shall be paid in full no later than ninety (90) days after the date
certain upon which the refund becomes due.
0) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the applicant
with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such
written notice shall not invalidate any contribution to the Tree Escrow Account under this ordinance."
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 167.04 Tree Preservation And
Protection During Development (L)(1) and enacts a new § 167.04 (L)(1) as follows:
"Large scale developments, large site improvements, and commercial preliminary plats are required to dedicate
a tree preservation easement, if any existing trees are to be preserved. The tree preservation easement shall be the size
of the minimum canopy preservation requirement, if possible. If the minimum tree preservation canopy is not
available, the applicant will not be required to dedicate the minimum canopy preservation. The applicant will have to
dedicate a tree preservation easement that is agreed upon with The Urban Forester. In order to ensure that an applicant's
heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and
extent of approved tree preservation easements which shall be clearly depicted and noted on the easement plats for
large scale developments, large and small site improvements, commercial final plats, and any plats with a tree
preservation easement. This shall be accompanied by a narrative statement describing the nature of the protection
afforded and bearing the signature of the Urban Forester. If it is impractical to include the actual depiction of the
canopy in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing an
accompanying document shall suffice."
PASSED and APPROVED on August 20, 2024
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This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas.
Amount Paid: $ t ,1 42-qk9
Page 3
CITY OF
FAYETTEVILLE
ARKANSAS
MEETING OF AUGUST 20, 2024
CITY COUNCIL MEMO
2024-328
TO: Mayor Jordan and City Council
THRU: Susan Norton, Chief of Staff
Jonathan Curth, Development Services Director
FROM: Jessica Masters, Development Review Manager
SUBJECT: Administrative Item (Amend UDC Chapters 166.02, Development Review Process,
167.04 Tree Preservation and Protection): Submitted by CITY OF FAYETTEVILLE
STAFF. The request is an amendment to 166.02 and 167.04. The proposed code
changes would modify development requirements associated with tree preservation
requirements. (Originally heard with ADM-2024-0028).
RECOMMENDATION:
City staff and the Planning Commission recommend approval of an amendment to the Unified Development
Code amending §166.02, Development Review Process and 167.04 Tree Preservation and Protection.
BACKGROUND:
In 2021, major ordinance changes were approved by City Council to revamp drainage and development
standards, with a secondary goal of incentivizing infill. The changes that were approved required new green
stormwater practices on a sliding scale of added impervious surface, and decoupled certain requirements from
a question of use and tied those requirements instead to the overall impact to stormwater. This introduced
three new levels of development threshold and shifted the requirement of a large-scale development plan or a
site improvement plan to be triggered only after the addition of 10,000 sq. ft. of added, new impervious
surface.
In the intervening period since 2021, staff audited the outcomes of these changes, and identified four main
areas that require revision and clarification. Those areas for study, and their current status, are listed below.
Parkland Dedication
o Certain project types were no longer subject to parkland dedication, even though the impact of
added units is significant. Proposed ordinance changes were already evaluated, reviewed, and
approved by City Council on May 21, 2024.
Project Classification
o Projects adding less than 10,000 sq. ft. still often require a coordinated, cross -divisional round of
review/comment leading to delays unforeseen issues at permitting. These changes are still
pending Planning Commission review and approval, though staff anticipates they will be heard
by the Planning Commission on July 22, 2024. A separate item will be brought forth with these
changes.
Application of Tree Preservation standards
o Certain projects are no longer subject to tree preservation requirements. Staff and the Planning
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Commission are recommending changes to this ordinance with this item, and they are
described below.
Timeliness of Variances and Appeals
o Variances are only permitted to be appealed with an overall project, rather than piecemeal. This
becomes an issue when certain development types are no longer subject to large-scale
development or site improvement plan. Staff and the Planning Commission are recommending
changes to this ordinance which will be heard at the July 16 City Council meeting.
DISCUSSION:
Application of Tree Preservation standards:
To address tree preservation concerns, staff, the Long -Range Planning Committee, and the Planning
Commission propose requiring an abbreviated tree preservation plan to projects adding between 1,200 and
6,000 sq. ft. of impervious surface. Urban Forestry staff have found that larger, multi -unit structures on smaller
infill sites are no longer required to perform any tree preservation, mitigation, or even escrow, even if the
impact to the canopy is significant. To help alleviate concerns about requiring additional tree preservation to
smaller sites, staff also recommends an option for projects within this threshold to be evaluated for a tree
escrow contribution.
At the June 24, 2024 Planning Commission meeting, Commissioners voted 7-1-0 to forward the proposed
ordinance changes to the City Council with a recommendation of approval. Commissioner Garlock made the
motion, which was seconded by Commissioner Cabe; Commissioner Brink voted in opposition. Commissioners
considered how to balance any potentially negative effects of adding tree preservation requirements to smaller
infill projects, ultimately finding that the language offered to consider escrow for smaller projects was
acceptable. When asked, Urban Forestry and Planning staff clarified that the proposed tree preservation
changes were meant to protect the integrity of the scaled approach to tree preservation in the City (with a
priority for preservation, mitigation, and finally escrow), but offer payment into escrow for trees that could not
be preserved as an option for earlier consideration for those smaller projects.
One member of the public spoke at the meeting with concerns about the effects of proposed changes on infill
with regards to the proposed development thresholds (which were not under consideration at the June 24
meeting), and concerns that requiring an abbreviated tree preservation plan for projects between 1,200 and
6,000 sq. ft. of impervious surface would lead to project delays and disincentivize infill. The member of the
public wanted escrow to be considered as the primary option for those projects.
BUDGET/STAFF IMPACT:
N/A
ATTACHMENTS: SRF (#3), Proposed Ordinance — Exhibit "A" (#4), Proposed Ordinance Amendment in
Strikeout/Highlight (#5), Planning Commission Staff Report (#6), Urban Forestry Advisory Board Support for
Code Changes - Final (#7), Council Member Stafford Proposed Amendment (#8)
Mailing address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Legislation Text
File #: 2024-328
Administrative Item (Amend UDC Chapters 166.02, Development Review Process, 167.04 Tree
Preservation and Protection): Submitted by CITY OF FAYETTEVILLE STAFF. The request is
an amendment to 166.02 and 167.04. The proposed code changes would modify development
requirements associated with tree preservation requirements. (Originally heard with ADM-2024-
0028).
AN ORDINANCE TO AMEND § 166.02 DEVELOPMENT REVIEW PROCESS AND § 167.04
TREE PRESERVATION AND PROTECTION OF THE UNIFIED DEVELOPMENT CODE TO
MODIFY DEVELOPMENT REQUIREMENTS ASSOCIATED WITH TREE PRESERVATION
REQUIREMENTS
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby repeals §
166.02 Development Review Process (E)(2) Level 2 and enacts a new § 166.02 (E)(2) Level 2 as
follows:
1
2
k"
Mitigation Measures and Documentation by Development Threshold
lent City-wide
Grading and Drainage/ Water Quality, Flood, and Tree
I Standard
Stormwater Documentation Mitigation Measures
< or =
Exempt from Grading and DrainageExempt
1,200 sf
provisions except for those still
of IA
associated with the Building Permit
process such as HHOD
1,201
• Completed Green Stormwater 2 or more measures from Step 1
6,000 sf
Practice (GSP) Worksheet, of Table 2 that Reduce Runoff via
of IA
demonstrating Runoff Reduction viaBetter Site Design
Better Site Design. • 1 or more Green Stormwater
• GSP Operation & Maintenance (OPractices (GSPs) measures from
& M) Agreement to ensure the long -Step 2 of Table 2 as required to
term functionality of these treat 100% of the proposed
practices. additional impervious and grave
1— Same as Level 2.
areas.
• Abbreviated Tree Preserva
Plan
• Same as Level 2.
Page 1
Ordinance: 6786
File Number: 2024-328
10,000 sf • As needed GSP measures from
of IA Step 3 to further reduce runoff
referred to as extended detention
• Abbreviated Tree Preservation
Plan
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 167.04 Tree
Preservation And Protection During Development (A)(11) and enacts a new § 167.04 (A)(11) as
follows:
"Building Permits. Tree preservation requirements apply to all permit applications for
developments of greater than 1,200 square feet of impervious area. An abbreviated tree preservation
plan, as set forth in § 167.04 (H)(3), shall be submitted with the application for building permits on
projects that are not required to go through the subdivision, large scale development, or site
improvement plan process. There shall be no land disturbance, grading, or tree removal until an
abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at
the site inspected and approved."
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 167.04 Tree
Preservation And Protection During Development (A)(12)(a) and enacts a new § 167.04 (A)(12)(a)
as follows:
"Person seeking to construct 1,200 square feet or less of impervious area are specifically exempt
from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay
District; then all the provisions of this ordinance shall apply."
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 167.04 Tree
Preservation And Protection During Development (H)(3) and enacts a new § 167.04 (H)(3) as
follows:
"Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects
for between 1,201 to 10,000 square feet of impervious area that require building permits, grading, or
parking lot permits, but that do not fall under the requirements for developments required to go through
the development review process of Technical Plat Review Committee, Subdivision Committee and/or
Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information
for an abbreviated tree preservation plan may be combined with the site plan, plat drawing, or grading
plan. The applicant is expected to show the general location of all existing groups of trees, individual
significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both
on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits
of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary
site visit with the Urban Forester is highly recommended before applying for any of the above -
mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection,
and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree
preservation plans shall not be required to submit an analysis report, nor shall they be required to hire
architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan."
Page 2
Ordinance: 6786
File Number. 2024-328
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 167.04 Tree
Preservation And Protection During Development (J)(4) and enacts a new § 167.04 (J)(4) as follows:
"(a) Developments proposed as building permits under Level 2 as outlined in § 166.02 (E)(2) are
eligible for contribution to the tree escrow account as an option.
(b) Residential developments which cannot achieve the base density tree requirements through
preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the money
paid into the Tree Escrow Account to plant trees within the development along rights -of -way detention
ponds, common areas or other areas where trees can be protected and have ahigh probability of survival
to a mature tree. This shall be accomplished once the development is built out or as approved by the
Urban Forester.
(c) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to
issuance of a building permit on all commercial, industrial, or multi -family residential buildings
and prior to final plat acceptance for all residential and non-residential subdivisions.
(d) Money contributed under this section:
(i) May be used for canopy mitigation, including planting site identification, tree
acquisition, planting, and maintenance, utilizing either city staff or contract labor;
(ii) Shall not revert to the general fund for ongoing operations.
(e) If it is not possible to plant trees within the development, planting locations will be sought in
appropriate sites within a 1 mile radius of where the original project is located, but if this cannot be
achieved, the moneys shall be used to plant the trees in the park quadrant in which the
development took place, or pursuant to § 167.04(J)(2) and (3). Data extracted from the urban forest
analysis should be consulted when identifying appropriate locations to plant escrow funded trees.
(f) The City of Fayetteville shall refund the portion of the money contributed under this section,
including the accrued interest that has not been expended seven (7) years from the date of the
contribution. Interest shall be based on a 4% annual rate.
(g) Refunds shall be paid to the present owner of the property that was the subject of new
development and against which the fee was assessed and collected.
(h) Notice of the right to a refund, including the amount of the refund and the procedure for
applying for and receiving the refund, shall be sent or served in writing to the applicant no later than
thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices
to the applicant shall be sufficient to satisfy the requirement of notice.
(i) The refund shall be made on a pro rata basis and shall be paid in full no later than ninety (90) days
after the date certain upon which the refund becomes due.
0) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide
the applicant with written notice of those circumstances under which refunds of such fees will be made.
Failure to deliver such written notice shall not invalidate any contribution to the Tree Escrow Account
under this ordinance."
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 167.04 Tree
Preservation And Protection During Development (L)(1) and enacts a new § 167.04 (L)(1) as
follows:
"Large scale developments, large site improvements, and commercial preliminary plats are
required to dedicate a tree preservation easement, if any existing trees are to be preserved. The tree
preservation easement shall be the size of the minimum canopy preservation requirement, if possible. If
Page 3
Ordinance: 6786
File Number: 2024-328
the minimum tree preservation canopy is not available, the applicant will not be required to dedicate the
minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is
agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns, or
any subsequent purchasers of the subject property are put on notice as to the existence and extent of
approved tree preservation easements which shall be clearly depicted and noted on the easement plats
for large scale developments, large and small site improvements, commercial final plats, and any plats
with a tree preservation easement. This shall be accompanied by a narrative statement describing the
nature of the protection afforded and bearing the signature of the Urban Forester. If it is impractical to
include the actual depiction of the canopy in a tree preservation easement on the easement plat, or final
plat itself, a note cross referencing an accompanying document shall suffice."
Page 4
City of Fayetteville Staff Review Form
2024-328
Item ID
7/16/2024
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 6/28/2024 DEVELOPMENT SERVICES (620)
Submitted By Submitted Date Division / Department
Action Recommendation:
Administrative Item (Amend UDC Chapters 166.02, Development Review Process, 167.04 Tree Preservation and
Protection): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to 166.02 and 167.04. The
proposed code changes would modify development requirements associated with tree preservation requirements.
(Originally heard with ADM-2024-0028).
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? No Total Amended Budget $ -
Expenses (Actual+Encum) $ -
Available Budget
Does item have a direct cost? No Item Cost $ -
Is a Budget Adjustment attached? No Budget Adjustment $ -
Remaining Budget
V20221130
Purchase Order Number: Previous Ordinance or Resolution #
Change Order Number: Approval Date:
Original Contract Number:
Comments:
166.02 Development Review Process
(A) Application Submittal
(1) Submittal. All development applications shall be submitted to the Planning Division and will be
processed for review in accordance with Planning Division operating procedures.
(B) Public Meetings. Development applications are required to be processed through the Technical Plat Review
Committee, Subdivision Committee, and Planning Commission as follows:
(1) Technical Plat Review Committee. The following development applications are required to be reviewed
by the Technical Plat Review Committee: Lot split, small site improvement plans, large site
improvement plans, large scale development, planned zoning district, preliminary plat, final plat, and
concurrent plat. After the Technical Plat Review Committee meeting staff may administratively
approve lot splits, final plats, small site improvement plans, and large site improvement plans after
review for compliance with all applicable codes subject to UDC 166.02(C).
(2) Subdivision Committee. The following development applications are required to be reviewed by the
Subdivision Committee: Large scale development, planned zoning district with development,
preliminary plat, and concurrent plat. From these applications, the Subdivision Committee may
approve only large scale developments. Large scale development applications that are subject to
administrative approval shall not be required to be reviewed by the Subdivision Committee.
(3) Planning Commission. The following development applications are required to be reviewed by the
Planning Commission. Preliminary plat, concurrent plat, and planned zoning district with development.
The Planning Commission may approve, deny, table, or approve development applications with
conditions. A planned zoning district cannot be approved by the Planning Commission, but may be
forwarded to City Council. Large scale development applications that are subject to administrative
approval shall not be required to be reviewed by the Planning Commission.
(C) Approval and Denial Criteria
(1) Administrative Approval. The following applications shall be approved administratively by the Planning
Division as long as the proposal meets all requirements of the Unified Development Code: Property line
adjustment, lot split, final plat, small site improvement plan, and large site improvement plan.
Approval by the Planning Commission for these applications is not required unless an appeal is filed in
accordance with Ch. 156 of the UDC.
(a) Reasons for Denial. The Planning Division may refuse administrative approval based on the
following criteria:
(Supp. No. 33)
(i) Property Line Adjustment; Lot Split. The application does not comply with zoning and
development requirements including, but not limited to: Lot width, lot area, setback
requirements, buildable area, required parking, impervious surface, dedication of required
right-of-way or easements, etc., or the requested action would make an existing non-
conforming property or structure more non -conforming.
(ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the
proposed plat does not meet the zoning and development requirements of the UDC,
and/or the required improvements have not been completed or guaranteed in accordance
with Fayetteville Unified Development Code Chapter 158.
(iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small
or large site improvement plan for any of the following reasons:
Created: 2024-06-12 09:44:49 [EST]
Page 1 of 5
(a) The development plan is not submitted in accordance with the requirements of
this chapter.
(b) The proposed development would violate a city ordinance, a state statute, or a
federal statute.
(c) The developer refuses to dedicate the street right-of-way, utility easements or
drainage easements required by this chapter.
(d) The proposed development would create or compound a dangerous traffic
condition. For the purpose of this section, a dangerous traffic condition shall be
construed to mean a traffic condition in which the risk of accidents involving
motor vehicles is significant due to factor such as, but not limited to, high traffic
volume, topography, or the nature of the traffic pattern.
(e) City water and sewer is not readily available to the property within the site
improvement plat area and the developer has made no provision for extending
such service to the development.
(f) The developer refused to comply with ordinance requirements or condition of
approval for on -site and off -site improvements.
(2) Subdivision Committee and Planning Commission Approval. The following applications shall be
approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below:
Large scale development, preliminary plat and concurrent plat.
(a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a
large scale development, preliminary plat or concurrent plat for any of the following reasons:
(i) The plat or development plan is not submitted in accordance with the requirements of this
chapter.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by this chapter.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is significant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development, preliminary plat, or concurrent plat and the developer has made no
provision for extending such service to the development.
(vi) The developer refused to comply with ordinance requirements or conditions of approval
for on -site and off -site improvements.
(D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body,
the applicant shall follow the procedures set forth below in order to record the plat or obtain construction
plan approval.
(1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall
submit copies of the approved plats containing all required signatures to the Planning Division for final
(Supp. No. 33)
Created: 2024-06-12 09:44:49 [EST]
Page 2 of 5
approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the
Planning Division as required.
(2) Preliminary Plat Large Scale Development and Small or Large Site Improvement Plan. Receipt of the
approval authorizes the applicant to proceed with:
(a) The preparation of plans, reports and specifications in accordance with City Engineering
requirements including but not limited to:
(i) Street plans, profiles and specification accompanied by soil analyses and design
calculations;
(i i) Storm drainage plans, profiles and specifications accompanied by soil analyses and design
calculations; and
(iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to
be reviewed and approved by City Engineering.
(iv) Final site plans, landscape plans, and other plans, reports and specifications required by the
city to obtain approval.
(b) Once all approvals that are required have been obtained, the applicant may proceed with site
preparation and construction in accordance with the permitted plans.
(E) Building Permits.
(1) Before a building permit is issued the developer shall:
(a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street
Plan, and in compliance with the requirements for on or off -site improvements.
(b) Dedicate all easements necessary to serve the development as required by the utility providers
and the city. This may be completed by easement plat or separate easement document(s), with
approval of the Planning Division.
(c) Comply with all applicable zoning and development codes.
(d) In addition, for small site improvement plans, large site improvement plans and large scale
developments, the developer shall:
(i) Obtain approval from the appropriate governing body.
(i i) On and Off -Site Improvements. Construct or guarantee required on- and off -site
improvements in accordance with UDC Chapter 158.
(iii) Complete applicable conditions of approval.
(2) In addition to §166.02(E), before a building permit is issued for site that creates between 1,201 and
10,000 square feet of new impervious area, where a corresponding subdivision of land is not proposed,
the developer shall complete, and receive approval of, appropriate grading and drainage
documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City
Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if
they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery.
Required Mitigation Measures and Documentation by Development Threshold
Development
Threshold
City-wide
Standard
Grading and Drainage/
Stormwater Documentation
Water Quality, Flood, and Tree
Mitigation Measures
(Supp. No. 33)
Created: 2024-06-12 09:44:49 [EST]
Page 3 of 5
Level 1
< or =
1,200 sf
of IA
Exempt from Grading and Drainage
provisions except for those still
associated with the Building Permit
process such as HHOD
Exempt
Level 2
1,201—
• Completed Green Stormwater
2 or more measures from Step 1
6,000 sf
Practice (GSP) Worksheet,
of Table 2 that Reduce Runoff via
of IA
demonstrating Runoff Reduction
Better Site Design
via Better Site Design.
• 1 or more Green Stormwater
• GSP Operation & Maintenance
Practices (GSPs) measures from
(O & M) Agreement to ensure the
Step 2 of Table 2 as required to
long-term functionality of these
treat 100% of the proposed
practices.
additional impervious and gravel
areas.
• Abbreviated Tree Preservation
Plan
Level 3
6,001—
Same as Level 2.
• Same as Level 2.
10,000 sf
• As needed GSP measures from
of IA
Step 3 to further reduce runoff
referred to as extended detention
• Abbreviated Tree Preservation
Plan
(F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale
development, large site improvement plan, or small site improvement plan shall be issued, and no final plat
or concurrent plat shall be signed for recordation until the following have been completed:
(1) The requirements for on and off -site improvements have been completed, and maintenance
bonds/guarantees deposited to city specifications.
(2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing:
(a) The location of all buildings and the setback distance for said buildings from street right-of-way
and adjoining property lines;
(b) The location of any freestanding signs and the setback distance of said signs from street right-of-
way and adjoining property lines;
(c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or
fences;
(d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines;
(e) The location and size of all stormwater features with associated drainage easements
demarcated, where applicable; and
(f) The location and quantity of existing and new impervious area on the property.
(3) The development has been inspected and approved by all applicable city divisions.
(4) All applicable conditions of approval have been completed.
(Supp. No. 33)
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Page 4 of 5
(Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16-159.18; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh.
C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22)
(Supp. No. 33)
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Page 5 of 5
167.04 Tree Preservation And Protection During Development
(A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified
Development Code as follows:
(1) Large Scale Developments.
(2) Large Site Improvement Plan.
(3) Small Site Improvement Plan.
(4) Preliminary Plat.
(5) Final Plat.
(6) Concurrent Plat.
(7) Planned Zoning Districts.
(8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of
parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for permits on projects that are required to go
through the subdivision or large scale development process.
(9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District
shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family
residential development shall submit an abbreviated tree preservation and site plan at the time of
applying for a building permit.
(10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for grading permits on projects that are not
required to go through the development process.
(11) Building Permits. Tree preservation requirements apply to all permit applications for developments of
greater than 1,200 square feet of impervious area. An abbreviated tree preservation plan, as set forth
in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not
required to go through the subdivision, large scale development, or site improvement plan process.
There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan
has been submitted and approved, and the tree protection measures at the site inspected and
approved.
(12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree
preservation plan or review from Urban Forestry.
(a) Persons seeking to construct 1,200square feet or less of impervious area are specifically exempt
from the provisions of this section except when the land is located within the Hillside/Hilltop
Overlay District; then all the provisions of this ordinance shall apply.
(b) Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in
an enlargement of the building footprint or roof dripline shall not require an abbreviated tree
preservation plan.
(B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant
information, when evaluating tree preservation plans:
(1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species.
(2) Whether the design incorporates the required tree preservation priorities.
(Supp. No. 32)
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Page 1 of 11
(3) The extent to which the area would be subject to environmental degradation due to removal of the
tree or group of trees.
(4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and
the property on which the tree or group of trees is located.
(5) Whether alternative construction methods have been proposed to reduce the impact of development
on existing trees.
(6) Whether the size or shape of the lot reduces the flexibility of the design.
(7) The general health and condition of the tree or group of trees, or the presence of any disease, injury,
or hazard.
(8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the
property.
(9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or
maintaining essential public utilities.
(10) Whether proposed roads and proposed utilities are designed in relation to the existing topography,
and routed, where possible, to avoid damage to existing canopy.
(11) Construction requirements of on -site and off -site drainage.
(12) The effects of proposed on -site mitigation or off -site alternatives.
(13) The effect other chapters of the Unified Development Code, or city policies have on the development
design.
(14) The extent to which development of the site and the enforcement of this chapter are impacted by
state and federal regulations.
(15) The impact a substantial modification or rejection of the application would have on the applicant.
*Note —The above items are not presented in any particular order of importance. The weight each is given will
depend in large part on the individual characteristics of each project.
(C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or
abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum
Canopy, unless the applicant has been approved for on -site mitigation or off -site alternatives as set forth in
§167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new
development is based on the total area of the property for which the applicant is seeking approval, less the
right-of-way and park land dedications. An applicant shall not be required to plant trees in order to reach the
percent minimum canopy requirement on land where less than the minimum exists prior to development.
Table 1
Minimum Canopy Requirements
ZONING DESIGNATIONS
PERCENT
MINIMUM
CANOPY
R-A, Residential — Agricultural (nonagricultural uses)
25%
RSF-.5, Single-family Residential —
One -Half Unit per Acre
25%
RSF-1, Single-family Residential —
One Unit per Acre
25%
RSF-2, Single-family Residential —
Two Units per Acre
20%
RSF-4, Single-family Residential —
Four Units per Acre
25%
RSF-7, Single-family Residential —
Seven Units per Acre
20%
(Supp. No. 32)
Created: 2024-04-03 16:33:57 [EST]
Page 2 of 11
RSF-8, Single-family Residential —
Eight Units per Acre
20%
RSF-18, Single-family Residential
— Eighteen Units per Acre
20%
R-0, Residential — Office
20%
RI-12, Residential Intermediate —
Twelve Units Per Acre
20%
RI-U, Residential Intermediate —
Urban
15%
RMF-6, Multi -family Residential —
Six Units per Acre
20%
RMF-12, Multi -family Residential
— Twelve Units per Acre
20%
RMF-18, Multi -family Residential
— Eighteen Units per Acre
20%
RMF-24, Multi -family Residential
— Twenty -Four Units per Acre
20%
RMF-40, Multi -family Residential
— Forty Units per Acre
20%
NS-L, Neighborhood Services — Limited
20%
NS-G, Neighborhood Services — General
20%
C-1, Neighborhood Commercial
20%
CS, Community Services
20%
C-2, Thoroughfare Commercial
15%
UT, Urban Thoroughfare
15%
C-3, Central Business Commercial
15%
DC, Downtown Core
10%
MSC, Main Street Center
10%
DG, Downtown General
10%
NC, Neighborhood Conservation
20%
1-1, Heavy Commercial and Light Industrial
15%
1-2, General Industrial
15%
P-1, Institutional
25%
PZD, Planned Zoning District
(HHOD)
25%
(30%)
All residential zoning districts and C-1 districts within the Hillside/Hilltop Overlay District shall have their percent
minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%.
(D) Prior Tree Removal.
(1) If trees have been removed below the required percent minimum canopy within the five (5) years
preceding application for a development, the site must be forested to meet the Percent Minimum
Canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for
which the applicant is seeking approval, less the right-of-way and park land dedications. The number of
trees required to be planted shall be calculated using the base density for high priority trees.
(2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees
were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of
this chapter, the additional 10% reforestation requirement shall be waived.
(E) Tree Preservation Priorities.
(1) Percent Minimum Canopy. Proposed designs must meet the percent minimum canopy requirements
for the particular zoning designation, emphasizing the preservation and protection of high priority
trees on the site. Trees in existing and not to be vacated utility easements shall not be counted toward
the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to
avoid existing canopy.
(Supp. No. 32)
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Page 3 of 11
(2) Existing Natural Features. Each design shall consider the existing natural features of the site, the
preservation priorities for the trees, and the impact their proposed removal may have both on and off -
site.
(3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently
to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater
than or equal to an 8-inch diameter at breast height for large and medium species of trees. High
priority for small species of trees is greater than or equal to a 4-inch diameter. Low priority trees are
invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low
priority trees are less than an 8-inch diameter at breast height for larger and medium species and less
than a 4-inch diameter at breast height for smaller trees species.
(F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be located
in areas that have the least possibility of impact as public infrastructure and proposed utilities are
installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the
use and enjoyment of prospective lot owners. Residential developments requesting tree removal
below the percent minimum canopy requirement may choose either residential on -site mitigation, or
to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be
vacated utility easements shall not be counted toward the percent minimum canopy requirement, and
such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent
minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for
the development of nonresidential developments. The Urban Forester shall recommend to the
Planning Commission the option that will potentially preserve the largest amount of high priority
canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(a) Preservation Plan for Entire Development. The developer may choose to preserve the percent
minimum canopy required for the entire development. With this option, the preserved canopy
shall be located in areas that will not be impacted by future development of the individual lots.
Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in
§167.04(L) below. Should the entire percent minimum canopy requirement for the site be so
protected, the preserved canopy shall be placed in a tree preservation easement and the final
plat shall include a statement that the individual lots, as represented thereon, shall not require
separate tree preservation plans.
(b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall
delineate the area required for the construction of the infrastructure and improvements for the
development. This area should include street rights -of -way, and utility and drainage easements.
Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate
percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal
of trees during the grading of individual lots, unless shown by the developer to be essential to the
project's engineering design. The developer will be required to compensate for the canopy
removed from defined individual lots by making the appropriate payment into the Tree Escrow
Account. On all other areas of the development, the developer shall protect the existing canopy
during the construction phase in accordance with §167.05 below. The final plat shall include a
statement that the individual lots shall require separate tree preservation plans.
(3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay
District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set
forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum
tree canopy requirement.
(Supp. No. 32)
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(4) Developers have the option of creating cluster development, such as a Planned Zoning District, which
would encourage more open space and tree preservation. In this pattern of development, the trees
preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead
of individual lots required to meet minimum percent requirements. The Tree Preservation Easements
shall be clearly depicted on easement plats or final plats.
(G) Initial Review.
(1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with
the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to
submitting a proposed development to the city. During the initial review, the Urban Forester shall
make recommendations to ensure the proposed subdivision or development complies with the
requirements of this chapter. These recommendations shall be nonbinding. However, applicants
proceed at the risk of higher costs and longer approval times due to changes required by a
noncompliant submittal should they choose not to have the initial review or to disregard the
recommendations of the Urban Forester.
(2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial
review meeting in the Tree Preservation and Protection staff report given to applicants going through
the development review process. If the applicant chooses to attend an initial review meeting, the staff
report shall also document any recommendations made. The Urban Forester shall ensure that a copy of
the report or email becomes part of the permanent file for the project.
(H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree
preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C).
(1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree
preservation analysis to determine the approximate age, health, size and species distribution of the
trees, noting each on a tree preservation plan, and clearly showing the locations and types of all
natural features on a site, including features 100 feet beyond the property lines. The tree preservation
plan shall also specifically depict the applicable preservation priority level for each tree or group of
trees on the site. The plan should include, but not be limited to, delineation of the following features as
they exist on the site:
(a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the
natural drainage patterns;
(b) The property line boundaries of the site;
(c) Soils identified according to the Unified Soil Classification System;
(d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and
Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species,
diameter at breast height (DBH), and the overall health of each significant tree;
(e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species,
average height, diameter at breast height (DBH), and general health of the trees.
(f) All existing utilities and utility easements;
(g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist
on the site or within 100 feet of the limits of disturbance;
(h) Floodplains and floodways on the site;
(i) All existing rights -of -way within and surrounding the project site, including any designated trails
or bike paths; and,
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 5 of 11
(j) Any other factors that may impact the design of the site.
(2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements,
and delineate in the tree preservation plan the trees to be retained on -site, and the measures to be
implemented for their protection. These measures shall include, but need not be limited to, fencing,
limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly
depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the
proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation,
Protection and Landscape Manual for details, examples and specific checklists. Examples can be
provided upon request to the Urban Forester.
(3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for
between 1,201 to 10,000 square feet of impervious area that require building permits, grading, or
parking lot permits, but that do not fall under the requirements for developments required to go
through the development review process of Technical Plat Review Committee, Subdivision Committee
and/or Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The
information for an abbreviated tree preservation plan may be combined with the site plan, plat
drawing, or grading plan. The applicant is expected to show the general location of all existing groups
of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all
areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective
measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be
depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before
applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville
Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants
submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor
shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated
tree preservation plan.
(4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not
met. The report shall detail the design approaches used to minimize damage to or removal of existing
canopy that were considered in arriving at the proposed design. Written justification shall be presented
as to why individual trees or canopy must be removed. The report shall also detail proposed on -site
mitigation options or off -site alternatives, as detailed below.
(5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas,
preserved trees, and the physical limits of all protective measures on site required during construction.
(6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with
removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban
Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree
preservation plans shall not be required to submit analysis report.
(7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation
Easements for the added protection of trees preserved to meet percent minimum canopy
requirements or trees planted, in those instances where such would be of mutual benefit to the
applicant and the City of Fayetteville.
(1) Request for On -Site Mitigation.
(1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum
canopy requirement must be incorporated with the applicant's tree preservation plan.
(2) Plan Requirements. The tree preservation plan must graphically represent the species and location for
all existing trees on -site. It shall also include a chart clearly stating the following information:
(a) The number of trees requested for removal;
(Supp. No. 32)
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Page 6 of 11
(b) The percentage below the percent minimum canopy requirement they represent; and
(c) The species and number of trees to be planted based on the forestation requirements below.
(3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or
landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape
Manual.
(4) Forestation Requirements. The number and species of trees required for forestation shall be based
upon the quality of the canopy lost:
(a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy
required, the canopy square footage removed shall be forested at a base density of two hundred
(200), 2-inch caliper trees per acre removed.
(b) Low Priority Canopy. When removing low priority canopy below the percent minimum required,
the canopy square footage removed shall be forested at a base density of one hundred (100), 2-
inch caliper trees per acre removed.
(5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be
accomplished by forestation on a per acre basis. The base density formula used above is based on 2-
inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch
caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases,
the number of trees to be planted may be adjusted in accordance with the species table to be found in
the City of Fayetteville Tree Preservation, Protection, and Landscape Manual.
(6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars,
when available, or selected from the list of preferred tree species set forth in the City of Fayetteville
Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the
amount of space available for proper growth on the site, and must be approved by the Urban Forester.
(7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the
environmental benefits of canopy cover are most likely to offset the impact of development. Trees
shall not be placed within utility easements, or in other locations where their future protection cannot
be assured.
(8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential developments
shall comply with all the provisions of §167.04(I), as well as the following:
(a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees
based on the forestation requirements as set forth at §167.04(I)(4).
(b) All plans requesting residential on -site mitigation shall include a binding three (3) year
maintenance and monitoring plan, which shall hold the applicant responsible for the health of all
planted trees.
(Supp. No. 32)
(i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the
applicant depositing with the city an irrevocable letter of credit in an amount equal to the
estimated cost of materials and labor for all trees at the time of planting. The irrevocable
letter of credit must cover the entire three (3) year maintenance and monitoring period.
Applicant shall submit cost estimates to the Urban Forester for approval.
(ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester
shall inspect the site and determine whether 90% of the trees are healthy and have a
reasonable chance of surviving to maturity. Upon such a finding, the city shall release the
letter of credit.
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Page 7 of 11
(iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or
dead trees, or take other appropriate action as approved by the Urban Forester. If the
applicant does not take remedial steps to bring the property into compliance, the city shall
use the necessary moneys from the landscape establishment guarantee to do so.
(iv) In the event trees are injured or destroyed by natural disasters, including but not limited
to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or
through the independent actions of third parties, the applicant shall be relieved of the
responsibility of replanting the tree or trees so affected.
(c) Developers requesting mitigation trees be planted along the street right-of-way of residential
developments shall submit a landscape plan that complies with the standards outlined in the City
of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new
trees planted are of the highest quality, require low maintenance, and do not interfere with
public safety. The species of trees to be planted shall be selected from the approved street tree
species list, or be otherwise specifically approved by the Urban Forester. The applicant's
mitigation plan for planting street trees shall describe in detail the method for tracking the
development of the individual lots, which shall best ensure that required number and species of
mitigation trees are planted.
(9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Fagades).
(a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious
area and limited space for planting trees to use on -site mitigation alternatives to meet the
mitigation requirements and still contribute beneficial plant materials that provide positive
ecosystem services.
(b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives to planting
trees in form -based zoning districts that allow for mixed -use and do not have a building area
maximum requirement. On -Site Mitigation Alternatives may not be utilized on sites that have
adequate space to meet landscape requirements.
(c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site alternatives must be
incorporated and submitted concurrently with the applicant's tree preservation plan.
(d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant
species with deeper root systems.
(e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant
species with shallow root systems.
(f) Green Fagade. A green fagade is created by growing climbing plants up and across the fagade of a
building, either from plants grown directly in the ground or a large container of at least 12 inches
of soil medium. Plants can attach directly to the building or be supported with a 12-inch by 12-
inch trellis system connected to the building.
(g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof,
intensive green roof, and green fagade in lieu of a mitigation tree shall be based from square
footage of tree canopy.
(Supp. No. 32)
(i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 2.5 square feet of extensive green roof.
(ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 1.4 square feet of intensive green roof.
Created: 2024-04-03 16:33:57 [EST]
Page 8 of 11
(iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree
canopy to 2.5 square feet of green fagade.
(J) Request for Off -Site Alternatives.
(1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in,
and submitted concurrently with the applicant's tree preservation plan.
(2) Off -Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or
greater amount of canopy cover at a site within the city limits.
(3) Off -Site Forestation.
(a) If off -site preservation cannot be achieved, the applicant may seek approval from the Urban
Forester to plant the required number of trees on another site owned by the applicant and
located within the city limits. A tree preservation easement must be conveyed concurrently with
or prior to submission of a final plat by the applicant to the city to protect any off -site
preservation or forestation and the legal description of the tree preservation easement shall also
appear on the final plat.
(b) An applicant may plant and maintain mitigation trees needed for the applicant's development as
to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city
park or public right-of-way if expressly approved by City Council resolution. The City Council shall
seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about
the advisability of forestation of the nearby city park and may apply express conditions including
requiring irrigation to be installed and regular maintenance to be performed by the applicant.
(4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation,
off -site preservation, off -site forestation, and on -site mitigation alternatives to be considered in
descending order only if the more preferred option cannot be fully achieved. If none of these options
can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the
developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base
Density requirements which fairly represents the costs of material and labor to plant a tree. The
developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to
ensure each tree survives for that period of time. Tree planting and maintenance costs should be
reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and
maintenance for three (3) years.
(a) Developments proposed as building permits creating between 1,201— 6000 square feet of
impervious surface under Level 2 as outlined in §166.02(E)(2) are eligible for contribution to the
tree escrow account as an option.
(b) Residential developments which cannot achieve the base density tree requirements through
preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the
money paid into the Tree Escrow Account to plant trees within the development along rights -of -
way, detention ponds, common areas or other areas where trees can be protected and have a
high probability of survival to a mature tree. This shall be accomplished once the development is
built out or as approved by the Urban Forester.
(c) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to
issuance of a building permit on all commercial, industrial, or multi -family residential buildings
and prior to final plat acceptance for all residential and non-residential subdivisions.
(d) Money contributed under this section:
(Supp. No. 32)
(i) May be used for canopy mitigation, including planting site identification, tree acquisition,
planting, and maintenance, utilizing either city staff or contract labor;
Created: 2024-04-03 16:33:57 [EST]
Page 9 of 11
(ii) Shall not revert to the general fund for ongoing operations.
(e) If it is not possible to plant trees within the development, planting locations will be sought in
appropriate sites within a 1 mile radius of where the original project is located, but if this cannot
be achieved, the moneys shall be used to plant the trees in the park quadrant in which the
development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban
forest analysis should be consulted when identifying appropriate locations to plant escrow
funded trees.
(f) The City of Fayetteville shall refund the portion of the money contributed under this section,
including the accrued interest that has not been expended seven (7) years from the date of the
contribution. Interest shall be based on a 4% annual rate.
(g) Refunds shall be paid to the present owner of the property that was the subject of new
development and against which the fee was assessed and collected.
(h) Notice of the right to a refund, including the amount of the refund and the procedure for
applying for and receiving the refund, shall be sent or served in writing to the applicant no later
than thirty (30) days after the date which the refund becomes due. The sending by regular mail of
the notices to the applicant shall be sufficient to satisfy the requirement of notice.
(i) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90)
days after the date certain upon which the refund becomes due.
(j) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the
applicant with written notice of those circumstances under which refunds of such fees will be
made. Failure to deliver such written notice shall not invalidate any contribution to the Tree
Escrow Account under this ordinance.
(K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all
recommendations or administrative determinations made regarding an applicant's tree preservation plan.
(1) The form shall clearly indicate whether the Urban Forester is making a final administrative
determination, or a recommendation to the Planning Commission or City Council.
(2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or
"CONDITIONALLY APPROVED," and explain the reasoning therefore.
(3) A statement shall appear on the form explaining the process by which a final administrative
determination may be appealed in accordance with Chapter 155 of the Unified Development Code.
(4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the
permanent file for the project.
(L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation
Easements.
(1) Large scale developments, large site improvements, and commercial preliminary plats are required to
dedicate a tree preservation easement, if any existing tree are to be preserved. The tree preservation
easement shall be the size of the minimum canopy preservation requirement, if possible. If the
minimum tree preservation canopy is not available, the applicant will not be required to dedicate the
minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is
agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns,
or any subsequent purchasers of the subject property are put on notice as to the existence and extent
of approved tree preservation easements which shall be clearly depicted and noted on the easement
plats for large scale developments, large and small site improvements, commercial final plats, and any
plats with a tree preservation easement. This shall be accompanied by a narrative statement describing
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 10 of 11
the nature of the protection afforded, and bearing the signature of the Urban Forester. If it is
impractical to include the actual depiction of the canopy in a tree preservation easement on the
easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice.
(2) The geographic extent and location of tree preservation easements, once recorded, may only be
modified, or abolished with the express approval of the City Council. Applicants requesting such action
shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is
in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester,
who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council
meeting.
(3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation
easement shall seek prior approval from the Urban Forester, who shall determine if such removal is
consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter.
Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester
determines that natural replacements of sufficient health and vigor are already present in the tree
preservation easement.
(Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §6, 4-16-96; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 4539 02-03-04; Ord. No. 4855, 4-18-06; Ord. No. 4930,
10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2-11; Ord. No. 5513, 7-17-12; Ord. No.
5773, 5-19-15; Ord. No. 5818, 10-20-15; Ord. No. 5824, §3, 11-17-15; Ord. No. 5945, §17, 1-17-17; Ord. No. 5986,
§§4(Exh. A), 5-35, 7-6-17; Ord. No. 6442 , §§1(Exh. Al), 2(Exh. B), 5(Exh. E), 6(Exh. F), 6-1-21; Ord. No. 6446 ,
§9(Exh. D), 6-15-21)
(Supp. No. 32)
Created: 2024-04-03 16:33:57 [EST]
Page 11 of 11
166.02 Development Review Process
(A) Application Submittal
(1) Submittal. All development applications shall be submitted to the Planning Division and will be
processed for review in accordance with Planning Division operating procedures.
(B) Public Meetings. Development applications are required to be processed through the Technical Plat Review
Committee, Subdivision Committee, and Planning Commission as follows:
(1) Technical Plat Review Committee. The following development applications are required to be reviewed
by the Technical Plat Review Committee: Lot split, small site improvement plans, large site
improvement plans, large scale development, planned zoning district, preliminary plat, final plat, and
concurrent plat. After the Technical Plat Review Committee meeting staff may administratively
approve lot splits, final plats, small site improvement plans, and large site improvement plans after
review for compliance with all applicable codes subject to UDC 166.02(C).
(2) Subdivision Committee. The following development applications are required to be reviewed by the
Subdivision Committee: Large scale development, planned zoning district with development,
preliminary plat, and concurrent plat. From these applications, the Subdivision Committee may
approve only large scale developments. Large scale development applications that are subject to
administrative approval shall not be required to be reviewed by the Subdivision Committee.
(3) Planning Commission. The following development applications are required to be reviewed by the
Planning Commission. Preliminary plat, concurrent plat, and planned zoning district with development.
The Planning Commission may approve, deny, table, or approve development applications with
conditions. A planned zoning district cannot be approved by the Planning Commission, but may be
forwarded to City Council. Large scale development applications that are subject to administrative
approval shall not be required to be reviewed by the Planning Commission.
(C) Approval and Denial Criteria
(1) Administrative Approval. The following applications shall be approved administratively by the Planning
Division as long as the proposal meets all requirements of the Unified Development Code: Property line
adjustment, lot split, final plat, small site improvement plan, and large site improvement plan.
Approval by the Planning Commission for these applications is not required unless an appeal is filed in
accordance with Ch. 156 of the UDC.
(a) Reasons for Denial. The Planning Division may refuse administrative approval based on the
following criteria:
(Supp. No. 33)
(i) Property Line Adjustment; Lot Split. The application does not comply with zoning and
development requirements including, but not limited to: Lot width, lot area, setback
requirements, buildable area, required parking, impervious surface, dedication of required
right-of-way or easements, etc., or the requested action would make an existing non-
conforming property or structure more non -conforming.
(ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the
proposed plat does not meet the zoning and development requirements of the UDC,
and/or the required improvements have not been completed or guaranteed in accordance
with Fayetteville Unified Development Code Chapter 158.
(iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small
or large site improvement plan for any of the following reasons:
Created: 2024-06-12 09:44:49 [EST]
Page 1 of 5
(a) The development plan is not submitted in accordance with the requirements of
this chapter.
(b) The proposed development would violate a city ordinance, a state statute, or a
federal statute.
(c) The developer refuses to dedicate the street right-of-way, utility easements or
drainage easements required by this chapter.
(d) The proposed development would create or compound a dangerous traffic
condition. For the purpose of this section, a dangerous traffic condition shall be
construed to mean a traffic condition in which the risk of accidents involving
motor vehicles is significant due to factor such as, but not limited to, high traffic
volume, topography, or the nature of the traffic pattern.
(e) City water and sewer is not readily available to the property within the site
improvement plat area and the developer has made no provision for extending
such service to the development.
(f) The developer refused to comply with ordinance requirements or condition of
approval for on -site and off -site improvements.
(2) Subdivision Committee and Planning Commission Approval. The following applications shall be
approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below:
Large scale development, preliminary plat and concurrent plat.
(a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a
large scale development, preliminary plat or concurrent plat for any of the following reasons:
(i) The plat or development plan is not submitted in accordance with the requirements of this
chapter.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by this chapter.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is significant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development, preliminary plat, or concurrent plat and the developer has made no
provision for extending such service to the development.
(vi) The developer refused to comply with ordinance requirements or conditions of approval
for on -site and off -site improvements.
(D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body,
the applicant shall follow the procedures set forth below in order to record the plat or obtain construction
plan approval.
(1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall
submit copies of the approved plats containing all required signatures to the Planning Division for final
(Supp. No. 33)
Created: 2024-06-12 09:44:49 [EST]
Page 2 of 5
approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the
Planning Division as required.
(2) Preliminary Plat Large Scale Development and Small or Large Site Improvement Plan. Receipt of the
approval authorizes the applicant to proceed with:
(a) The preparation of plans, reports and specifications in accordance with City Engineering
requirements including but not limited to:
(i) Street plans, profiles and specification accompanied by soil analyses and design
calculations;
(i i) Storm drainage plans, profiles and specifications accompanied by soil analyses and design
calculations; and
(iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to
be reviewed and approved by City Engineering.
(iv) Final site plans, landscape plans, and other plans, reports and specifications required by the
city to obtain approval.
(b) Once all approvals that are required have been obtained, the applicant may proceed with site
preparation and construction in accordance with the permitted plans.
(E) Building Permits.
(1) Before a building permit is issued the developer shall:
(a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street
Plan, and in compliance with the requirements for on or off -site improvements.
(b) Dedicate all easements necessary to serve the development as required by the utility providers
and the city. This may be completed by easement plat or separate easement document(s), with
approval of the Planning Division.
(c) Comply with all applicable zoning and development codes.
(d) In addition, for small site improvement plans, large site improvement plans and large scale
developments, the developer shall:
(i) Obtain approval from the appropriate governing body.
(i i) On and Off -Site Improvements. Construct or guarantee required on- and off -site
improvements in accordance with UDC Chapter 158.
(iii) Complete applicable conditions of approval.
(2) In addition to §166.02(E), before a building permit is issued for site that creates between 1,201 and
10,000 square feet of new impervious area, where a corresponding subdivision of land is not proposed,
the developer shall complete, and receive approval of, appropriate grading and drainage
documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City
Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if
they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery.
Required Mitigation Measures and Documentation by Development Threshold
Development
Threshold
City-wide
Standard
Grading and Drainage/
Stormwater Documentation
Water Quality, Flood, and Tree
Mitigation Measures
(Supp. No. 33)
Created: 2024-06-12 09:44:49 [EST]
Page 3 of 5
Level 1
< or =
Exempt from Grading and Drainage
Exempt
1,200 sf
provisions except for those still
of IA
associated with the Building Permit
process such as HHOD
Level 2
1,201—
• Completed Green Stormwater
2 or more measures from Step 1
6,000 sf
Practice (GSP) Worksheet,
of Table 2 that Reduce Runoff via
of IA
demonstrating Runoff Reduction
Better Site Design
via Better Site Design.
• 1 or more Green Stormwater
• GSP Operation & Maintenance
Practices (GSPs) measures from
(O & M) Agreement to ensure the
Step 2 of Table 2 as required to
long-term functionality of these
treat 100% of the proposed
practices.
additional impervious and gravel
areas.
• Abbreviated Tree Preservation
Plan
Level 3
6,001—
Same as Level 2.
• Same as Level 2.
10,000 sf
• As needed GSP measures from
of IA
Step 3 to further reduce runoff
referred to as extended detention
• Abbreviated Tree Preservation
Plan
(F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale
development, large site improvement plan, or small site improvement plan shall be issued, and no final plat
or concurrent plat shall be signed for recordation until the following have been completed:
(1) The requirements for on and off -site improvements have been completed, and maintenance
bonds/guarantees deposited to city specifications.
(2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing:
(a) The location of all buildings and the setback distance for said buildings from street right-of-way
and adjoining property lines;
(b) The location of any freestanding signs and the setback distance of said signs from street right-of-
way and adjoining property lines;
(c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or
fences;
(d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines;
(e) The location and size of all stormwater features with associated drainage easements
demarcated, where applicable; and
(f) The location and quantity of existing and new impervious area on the property.
(3) The development has been inspected and approved by all applicable city divisions.
(4) All applicable conditions of approval have been completed.
(Supp. No. 33)
Created: 2024-06-12 09:44:49 [EST]
Page 4 of 5
(Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16-159.18; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh.
C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22)
(Supp. No. 33)
Created: 2024-06-12 09:44:49 [EST]
Page 5 of 5
167.04 Tree Preservation And Protection During Development
(A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified
Development Code as follows:
(1) Large Scale Developments.
(2) Large Site Improvement Plan.
(3) Small Site Improvement Plan.
(4) Preliminary Plat.
(5) Final Plat.
(6) Concurrent Plat.
(7) Planned Zoning Districts.
(8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of
parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for permits on projects that are required to go
through the subdivision or large scale development process.
(9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District
shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family
residential development shall submit an abbreviated tree preservation and site plan at the time of
applying for a building permit.
(10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for grading permits on projects that are not
required to go through the development process.
(11) Building Permits. Tree preservation requirements apply to all permit applications for developments of
greater than b-,9BA-1,200 square feet of impervious area. An abbreviated tree preservation plan, as set
forth in §167.04(H)(3), shall be submitted with the application for building permits on projects that are
not required to go through the subdivision.-G,,, large scale development, or site improvement plan
process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree
preservation plan has been submitted and approved, and the tree protection measures at the site
inspected and approved.
(12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree
preservation plan or review from Urban Forestry.
(a) Persons seeking to construct 67000 1,200-square feet or less of impervious area are specifically
exempt from the provisions of this section except when the land is located within the
Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply.
(b) Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in
an enlargement of the building footprint or roof dripline shall not require an abbreviated tree
preservation plan.
(B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant
information, when evaluating tree preservation plans:
(1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species.
(2) Whether the design incorporates the required tree preservation priorities.
(Supp. No. 32)
Created: 2024-04-03 16:33:57 [EST]
Page 1 of 11
(3) The extent to which the area would be subject to environmental degradation due to removal of the
tree or group of trees.
(4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and
the property on which the tree or group of trees is located.
(5) Whether alternative construction methods have been proposed to reduce the impact of development
on existing trees.
(6) Whether the size or shape of the lot reduces the flexibility of the design.
(7) The general health and condition of the tree or group of trees, or the presence of any disease, injury,
or hazard.
(8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the
property.
(9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or
maintaining essential public utilities.
(10) Whether proposed roads and proposed utilities are designed in relation to the existing topography,
and routed, where possible, to avoid damage to existing canopy.
(11) Construction requirements of on -site and off -site drainage.
(12) The effects of proposed on -site mitigation or off -site alternatives.
(13) The effect other chapters of the Unified Development Code, or city policies have on the development
design.
(14) The extent to which development of the site and the enforcement of this chapter are impacted by
state and federal regulations.
(15) The impact a substantial modification or rejection of the application would have on the applicant.
*Note —The above items are not presented in any particular order of importance. The weight each is given will
depend in large part on the individual characteristics of each project.
(C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or
abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum
Canopy, unless the applicant has been approved for on -site mitigation or off -site alternatives as set forth in
§167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new
development is based on the total area of the property for which the applicant is seeking approval, less the
right-of-way and park land dedications. An applicant shall not be required to plant trees in order to reach the
percent minimum canopy requirement on land where less than the minimum exists prior to development.
Table 1
Minimum Canopy Requirements
ZONING DESIGNATIONS
PERCENT
MINIMUM
CANOPY
R-A, Residential — Agricultural (nonagricultural uses)
25%
RSF-.5, Single-family Residential —
One -Half Unit per Acre
25%
RSF-1, Single-family Residential —
One Unit per Acre
25%
RSF-2, Single-family Residential —
Two Units per Acre
20%
RSF-4, Single-family Residential —
Four Units per Acre
25%
RSF-7, Single-family Residential —
Seven Units per Acre
20%
(Supp. No. 32)
Created: 2024-04-03 16:33:57 [EST]
Page 2 of 11
RSF-8, Single-family Residential —
Eight Units per Acre
20%
RSF-18, Single-family Residential
— Eighteen Units per Acre
20%
R-0, Residential — Office
20%
RI-12, Residential Intermediate —
Twelve Units Per Acre
20%
RI-U, Residential Intermediate —
Urban
15%
RMF-6, Multi -family Residential —
Six Units per Acre
20%
RMF-12, Multi -family Residential
— Twelve Units per Acre
20%
RMF-18, Multi -family Residential
— Eighteen Units per Acre
20%
RMF-24, Multi -family Residential
— Twenty -Four Units per Acre
20%
RMF-40, Multi -family Residential
— Forty Units per Acre
20%
NS-L, Neighborhood Services — Limited
20%
NS-G, Neighborhood Services — General
20%
C-1, Neighborhood Commercial
20%
CS, Community Services
20%
C-2, Thoroughfare Commercial
15%
UT, Urban Thoroughfare
15%
C-3, Central Business Commercial
15%
DC, Downtown Core
10%
MSC, Main Street Center
10%
DG, Downtown General
10%
NC, Neighborhood Conservation
20%
1-1, Heavy Commercial and Light Industrial
15%
1-2, General Industrial
15%
P-1, Institutional
25%
PZD, Planned Zoning District
(HHOD)
25%
(30%)
All residential zoning districts and C-1 districts within the Hillside/Hilltop Overlay District shall have their percent
minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%.
(D) Prior Tree Removal.
(1) If trees have been removed below the required percent minimum canopy within the five (5) years
preceding application for a development, the site must be forested to meet the Percent Minimum
Canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for
which the applicant is seeking approval, less the right-of-way and park land dedications. The number of
trees required to be planted shall be calculated using the base density for high priority trees.
(2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees
were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of
this chapter, the additional 10% reforestation requirement shall be waived.
(E) Tree Preservation Priorities.
(1) Percent Minimum Canopy. Proposed designs must meet the percent minimum canopy requirements
for the particular zoning designation, emphasizing the preservation and protection of high priority
trees on the site. Trees in existing and not to be vacated utility easements shall not be counted toward
the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to
avoid existing canopy.
(Supp. No. 32)
Created: 2024-04-03 16:33:57 [EST]
Page 3 of 11
(2) Existing Natural Features. Each design shall consider the existing natural features of the site, the
preservation priorities for the trees, and the impact their proposed removal may have both on and off -
site.
(3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently
to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater
than or equal to an 8-inch diameter at breast height for large and medium species of trees. High
priority for small species of trees is greater than or equal to a 4-inch diameter. Low priority trees are
invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low
priority trees are less than an 8-inch diameter at breast height for larger and medium species and less
than a 4-inch diameter at breast height for smaller trees species.
(F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be located
in areas that have the least possibility of impact as public infrastructure and proposed utilities are
installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the
use and enjoyment of prospective lot owners. Residential developments requesting tree removal
below the percent minimum canopy requirement may choose either residential on -site mitigation, or
to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be
vacated utility easements shall not be counted toward the percent minimum canopy requirement, and
such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent
minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for
the development of nonresidential developments. The Urban Forester shall recommend to the
Planning Commission the option that will potentially preserve the largest amount of high priority
canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(a) Preservation Plan for Entire Development. The developer may choose to preserve the percent
minimum canopy required for the entire development. With this option, the preserved canopy
shall be located in areas that will not be impacted by future development of the individual lots.
Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in
§167.04(L) below. Should the entire percent minimum canopy requirement for the site be so
protected, the preserved canopy shall be placed in a tree preservation easement and the final
plat shall include a statement that the individual lots, as represented thereon, shall not require
separate tree preservation plans.
(b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall
delineate the area required for the construction of the infrastructure and improvements for the
development. This area should include street rights -of -way, and utility and drainage easements.
Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate
percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal
of trees during the grading of individual lots, unless shown by the developer to be essential to the
project's engineering design. The developer will be required to compensate for the canopy
removed from defined individual lots by making the appropriate payment into the Tree Escrow
Account. On all other areas of the development, the developer shall protect the existing canopy
during the construction phase in accordance with §167.05 below. The final plat shall include a
statement that the individual lots shall require separate tree preservation plans.
(3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay
District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set
forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum
tree canopy requirement.
(Supp. No. 32)
Created: 2024-04-03 16:33:57 [EST]
Page 4 of 11
(4) Developers have the option of creating cluster development, such as a Planned Zoning District, which
would encourage more open space and tree preservation. In this pattern of development, the trees
preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead
of individual lots required to meet minimum percent requirements. The Tree Preservation Easements
shall be clearly depicted on easement plats or final plats.
(G) Initial Review.
(1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with
the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to
submitting a proposed development to the city. During the initial review, the Urban Forester shall
make recommendations to ensure the proposed subdivision or development complies with the
requirements of this chapter. These recommendations shall be nonbinding. However, applicants
proceed at the risk of higher costs and longer approval times due to changes required by a
noncompliant submittal should they choose not to have the initial review or to disregard the
recommendations of the Urban Forester.
(2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial
review meeting in the Tree Preservation and Protection staff report given to applicants going through
the development review process. If the applicant chooses to attend an initial review meeting, the staff
report shall also document any recommendations made. The Urban Forester shall ensure that a copy of
the report or email becomes part of the permanent file for the project.
(H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree
preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C).
(1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree
preservation analysis to determine the approximate age, health, size and species distribution of the
trees, noting each on a tree preservation plan, and clearly showing the locations and types of all
natural features on a site, including features 100 feet beyond the property lines. The tree preservation
plan shall also specifically depict the applicable preservation priority level for each tree or group of
trees on the site. The plan should include, but not be limited to, delineation of the following features as
they exist on the site:
(a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the
natural drainage patterns;
(b) The property line boundaries of the site;
(c) Soils identified according to the Unified Soil Classification System;
(d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and
Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species,
diameter at breast height (DBH), and the overall health of each significant tree;
(e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species,
average height, diameter at breast height (DBH), and general health of the trees.
(f) All existing utilities and utility easements;
(g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist
on the site or within 100 feet of the limits of disturbance;
(h) Floodplains and floodways on the site;
(i) All existing rights -of -way within and surrounding the project site, including any designated trails
or bike paths; and,
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 5 of 11
(j) Any other factors that may impact the design of the site.
(2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements,
and delineate in the tree preservation plan the trees to be retained on -site, and the measures to be
implemented for their protection. These measures shall include, but need not be limited to, fencing,
limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly
depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the
proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation,
Protection and Landscape Manual for details, examples and specific checklists. Examples can be
provided upon request to the Urban Forester.
(3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for
between b-90-1 1,201-to 10,000 square feet of impervious area that require building permits, grading,
or parking lot permits, but that do not fall under the requirements for developments required to go
through the development review process of Technical Plat Review Committee, Subdivision Committee
and or Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The
information for an abbreviated tree preservation plan may be combined with the site plan, plat
drawing, or grading plan. The applicant is expected to show the general location of all existing groups
of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all
areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective
measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be
depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before
applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville
Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants
submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor
shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated
tree preservation plan.
(4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not
met. The report shall detail the design approaches used to minimize damage to or removal of existing
canopy that were considered in arriving at the proposed design. Written justification shall be presented
as to why individual trees or canopy must be removed. The report shall also detail proposed on -site
mitigation options or off -site alternatives, as detailed below.
(5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas,
preserved trees, and the physical limits of all protective measures on site required during construction.
(6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with
removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban
Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree
preservation plans shall not be required to submit analysis report.
(7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation
Easements for the added protection of trees preserved to meet percent minimum canopy
requirements or trees planted, in those instances where such would be of mutual benefit to the
applicant and the City of Fayetteville.
(1) Request for On -Site Mitigation.
(1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum
canopy requirement must be incorporated with the applicant's tree preservation plan.
(2) Plan Requirements. The tree preservation plan must graphically represent the species and location for
all existing trees on -site. It shall also include a chart clearly stating the following information:
(a) The number of trees requested for removal;
(Supp. No. 32)
Created: 2024-04-03 16:33:57 [EST]
Page 6 of 11
(b) The percentage below the percent minimum canopy requirement they represent; and
(c) The species and number of trees to be planted based on the forestation requirements below.
(3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or
landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape
Manual.
(4) Forestation Requirements. The number and species of trees required for forestation shall be based
upon the quality of the canopy lost:
(a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy
required, the canopy square footage removed shall be forested at a base density of two hundred
(200), 2-inch caliper trees per acre removed.
(b) Low Priority Canopy. When removing low priority canopy below the percent minimum required,
the canopy square footage removed shall be forested at a base density of one hundred (100), 2-
inch caliper trees per acre removed.
(5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be
accomplished by forestation on a per acre basis. The base density formula used above is based on 2-
inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch
caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases,
the number of trees to be planted may be adjusted in accordance with the species table to be found in
the City of Fayetteville Tree Preservation, Protection, and Landscape Manual.
(6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars,
when available, or selected from the list of preferred tree species set forth in the City of Fayetteville
Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the
amount of space available for proper growth on the site, and must be approved by the Urban Forester.
(7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the
environmental benefits of canopy cover are most likely to offset the impact of development. Trees
shall not be placed within utility easements, or in other locations where their future protection cannot
be assured.
(8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential developments
shall comply with all the provisions of §167.04(I), as well as the following:
(a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees
based on the forestation requirements as set forth at §167.04(I)(4).
(b) All plans requesting residential on -site mitigation shall include a binding three (3) year
maintenance and monitoring plan, which shall hold the applicant responsible for the health of all
planted trees.
(Supp. No. 32)
(i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the
applicant depositing with the city an irrevocable letter of credit in an amount equal to the
estimated cost of materials and labor for all trees at the time of planting. The irrevocable
letter of credit must cover the entire three (3) year maintenance and monitoring period.
Applicant shall submit cost estimates to the Urban Forester for approval.
(ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester
shall inspect the site and determine whether 90% of the trees are healthy and have a
reasonable chance of surviving to maturity. Upon such a finding, the city shall release the
letter of credit.
Created: 2024-04-03 16:33:57 [EST]
Page 7 of 11
(iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or
dead trees, or take other appropriate action as approved by the Urban Forester. If the
applicant does not take remedial steps to bring the property into compliance, the city shall
use the necessary moneys from the landscape establishment guarantee to do so.
(iv) In the event trees are injured or destroyed by natural disasters, including but not limited
to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or
through the independent actions of third parties, the applicant shall be relieved of the
responsibility of replanting the tree or trees so affected.
(c) Developers requesting mitigation trees be planted along the street right-of-way of residential
developments shall submit a landscape plan that complies with the standards outlined in the City
of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new
trees planted are of the highest quality, require low maintenance, and do not interfere with
public safety. The species of trees to be planted shall be selected from the approved street tree
species list, or be otherwise specifically approved by the Urban Forester. The applicant's
mitigation plan for planting street trees shall describe in detail the method for tracking the
development of the individual lots, which shall best ensure that required number and species of
mitigation trees are planted.
(9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Fagades).
(a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious
area and limited space for planting trees to use on -site mitigation alternatives to meet the
mitigation requirements and still contribute beneficial plant materials that provide positive
ecosystem services.
(b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives to planting
trees in form -based zoning districts that allow for mixed -use and do not have a building area
maximum requirement. On -Site Mitigation Alternatives may not be utilized on sites that have
adequate space to meet landscape requirements.
(c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site alternatives must be
incorporated and submitted concurrently with the applicant's tree preservation plan.
(d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant
species with deeper root systems.
(e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant
species with shallow root systems.
(f) Green Fagade. A green fagade is created by growing climbing plants up and across the fagade of a
building, either from plants grown directly in the ground or a large container of at least 12 inches
of soil medium. Plants can attach directly to the building or be supported with a 12-inch by 12-
inch trellis system connected to the building.
(g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof,
intensive green roof, and green fagade in lieu of a mitigation tree shall be based from square
footage of tree canopy.
(Supp. No. 32)
(i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 2.5 square feet of extensive green roof.
(ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 1.4 square feet of intensive green roof.
Created: 2024-04-03 16:33:57 [EST]
Page 8 of 11
(iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree
canopy to 2.5 square feet of green fagade.
(J) Request for Off -Site Alternatives.
(1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in,
and submitted concurrently with the applicant's tree preservation plan.
(2) Off -Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or
greater amount of canopy cover at a site within the city limits.
(3) Off -Site Forestation.
(a) If off -site preservation cannot be achieved, the applicant may seek approval from the Urban
Forester to plant the required number of trees on another site owned by the applicant and
located within the city limits. A tree preservation easement must be conveyed concurrently with
or prior to submission of a final plat by the applicant to the city to protect any off -site
preservation or forestation and the legal description of the tree preservation easement shall also
appear on the final plat.
(b) An applicant may plant and maintain mitigation trees needed for the applicant's development as
to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city
park or public right-of-way if expressly approved by City Council resolution. The City Council shall
seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about
the advisability of forestation of the nearby city park and may apply express conditions including
requiring irrigation to be installed and regular maintenance to be performed by the applicant.
(4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation,
off -site preservation, off -site forestation, and on -site mitigation alternatives to be considered in
descending order only if the more preferred option cannot be fully achieved. If none of these options
can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the
developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base
Density requirements which fairly represents the costs of material and labor to plant a tree. The
developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to
ensure each tree survives for that period of time. Tree planting and maintenance costs should be
reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and
maintenance for three (3) years.
(a) Developments proposed as building permits under Level 2 as outlined in §166.02(E)(2) are
eligible for contribution to the tree escrow account as an option.
(ba) Residential developments which cannot achieve the base density tree requirements through
preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the
money paid into the Tree Escrow Account to plant trees within the development along rights -of -
way, detention ponds, common areas or other areas where trees can be protected and have a
high probability of survival to a mature tree. This shall be accomplished once the development is
built out or as approved by the Urban Forester.
(cla) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to
issuance of a building permit on all commercial, industrial, or multi -family residential buildings
and prior to final plat acceptance for all residential and non-residential subdivisions.
(de) Money contributed under this section:
(Supp. No. 32)
(i) May be used for canopy mitigation, including planting site identification, tree acquisition,
planting, and maintenance, utilizing either city staff or contract labor;
Created: 2024-04-03 16:33:57 [EST]
Page 9 of 11
(ii) Shall not revert to the general fund for ongoing operations.
(ed) If it is not possible to plant trees within the development, planting locations will be sought in
appropriate sites within a 1 mile radius of where the original project is located, but if this cannot
be achieved, the moneys shall be used to plant the trees in the park quadrant in which the
development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban
forest analysis should be consulted when identifying appropriate locations to plant escrow
funded trees.
(fe) The City of Fayetteville shall refund the portion of the money contributed under this section,
including the accrued interest that has not been expended seven (7) years from the date of the
contribution. Interest shall be based on a 4% annual rate.
(gf) Refunds shall be paid to the , ^"^,^+yVh.. wade the eFlginal RtFib„tienthe present owner of
the property that was the subject of new development and against which the fee was assessed
and collected.
(hg) Notice of the right to a refund, including the amount of the refund and the procedure for
applying for and receiving the refund, shall be sent or served in writing to the applicant no later
than thirty (30) days after the date which the refund becomes due. The sending by regular mail of
the notices to the applicant shall be sufficient to satisfy the requirement of notice.
Qh) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90)
days after the date certain upon which the refund becomes due.
(ji) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the
applicant with written notice of those circumstances under which refunds of such fees will be
made. Failure to deliver such written notice shall not invalidate any contribution to the Tree
Escrow Account under this ordinance.
(K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all
recommendations or administrative determinations made regarding an applicant's tree preservation plan.
(1) The form shall clearly indicate whether the Urban Forester is making a final administrative
determination, or a recommendation to the Planning Commission or City Council.
(2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or
"CONDITIONALLY APPROVED," and explain the reasoning therefore.
(3) A statement shall appear on the form explaining the process by which a final administrative
determination may be appealed in accordance with Chapter 155 of the Unified Development Code.
(4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the
permanent file for the project.
(L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation
Easements.
(1) Large scale developments, large scale site improvements, and commercial preliminary plats are
required to dedicate a tree preservation easement, if any existing tree are to be preserved. The tree
preservation easement shall be the size of the minimum canopy preservation requirement, if possible.
If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate
the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement
that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors,
assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and
extent of approved tree preservation easements which shall be clearly depicted and noted on the
easement plats for large scale developments, large scale and small site improvements, commercial
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 10 of 11
final plats, and any plats with a tree preservation easement. This shall be accompanied by a narrative
statement describing the nature of the protection afforded, and bearing the signature of the Urban
Forester. If it is impractical to include the actual depiction of the canopy in a tree preservation
easement on the easement plat, or final plat itself, a note cross referencing an accompanying
document shall suffice.
(2) The geographic extent and location of tree preservation easements, once recorded, may only be
modified, or abolished with the express approval of the City Council. Applicants requesting such action
shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is
in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester,
who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council
meeting.
(3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation
easement shall seek prior approval from the Urban Forester, who shall determine if such removal is
consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter.
Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester
determines that natural replacements of sufficient health and vigor are already present in the tree
preservation easement.
(Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §6, 4-16-96; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 4539 02-03-04; Ord. No. 4855, 4-18-06; Ord. No. 4930,
10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2-11; Ord. No. 5513, 7-17-12; Ord. No.
5773, 5-19-15; Ord. No. 5818, 10-20-15; Ord. No. 5824, §3, 11-17-15; Ord. No. 5945, §17, 1-17-17; Ord. No. 5986,
§§4(Exh. A), 5-35, 7-6-17; Ord. No. 6442 , §§1(Exh. Al), 2(Exh. B), 5(Exh. E), 6(Exh. F), 6-1-21; Ord. No. 6446,
§9(Exh. D), 6-15-21)
(Supp. No. 32)
Created: 2024-04-03 16:33:57 [EST]
Page 11 of 11
CITY OF
FAYETTEVILLE
ARKANSAS
PLANNING COMMISSION MEMO
TO: Fayetteville Planning Commission
FROM: Jessie Masters, Development Review Manager
City of Fayetteville Long Range Planning Committee
MEETING DATE: June 24, 2024 Updated with results from 6/24/2024 PC Meeting
SUBJECT: ADM-2024-0028: Administrative Item (Amend UDC Chapters 155,
Appeals, 166.02, Development Review Process, 166.23, Urban
Residential Design Standards, 167.04 Tree Preservation and
Protection): Submitted by CITY OF FAYETTEVILLE STAFF. The request
is an amendment to 155, 166.02, 166.23, and 167.04. The proposed code
changes would modify development requirements associated with appeals,
architectural design standards, and tree preservation requirements.
RECOMMENDATION:
Staff recommend forwarding ADM-2024-0028 to the City Council with a recommendation of
approval.
RECOMMENDED MOTION:
`7 move to forward ADM-2024-0028 to the City Council with a recommendation of approval."
BACKGROUND:
In 2021, major ordinance changes were approved by City Council to revamp drainage and
development standards, with a secondary goal of incentivizing infill. The changes that were
approved required new green stormwater practices on a sliding scale of added impervious
surface, and decoupled certain requirements from a question of use and tied those requirements
instead to the overall impact to stormwater. This introduced three new levels of development
threshold and shifted the requirement of a large-scale development plan or a site improvement
plan to be triggered only after the addition of 10,000 sq. ft. of added, new impervious surface. In
the intervening period since 2021, staff audited the outcomes of these changes, and identified
several areas that require revision and clarification.
• Parkland Dedication
o Certain project types were no longer subject to parkland dedication, even though
the impact of added units is significant.
• Project Classification
o Projects adding less than 10,000 sq. ft. still often require a coordinated, cross -
divisional round of review/comment leading to delays unforeseen issues at
permitting.
• Application of Tree Preservation standards
o Certain projects are no longer subject to tree preservation requirements.
• Timeliness of Variances and Appeals
o Variances are only permitted to be appealed with an overall project, rather than
piecemeal. This becomes an issue when certain development types are no longer
subject to large-scale development or site improvement plan.
Mailing Address:
113 W. Mountain Street P1anni?V'Gfila#-Nitt16Nille-ar.gov
Fayetteville, AR 72701 June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Paqe 1 of 51
Recognizing immediate financial implications, staff proposed changes to the parkland dedication
ordinance already, which were forwarded by the Planning Commission to the City Council. Those
changes were approved by the City Council on May 21, 2024. At the May 13, 2024 Planning
Commission, additional proposed changes to the remaining sections were brought forward by
staff for the Commission's consideration, where they were tabled indefinitely with a vote of 5-2-0
in order to keep working on the item and understand the full context of the changes. Staff brought
the items back to the Long -Range Planning Committee on May 23, 2024. At that meeting, the
Long -Range Planning Committee agreed to bring forward proposed changes to the appeals
section, the application of tree preservation standards, and text changes in the Urban Residential
Design standards, which are presented for consideration here. Since the items have been
separated out, staff is bringing forward a new item with just those pieces for the Commission's
consideration.
DISCUSSION:
To address tree preservation concerns, staff and the Long -Range Planning Committee propose
requiring an abbreviated tree preservation plan to projects adding between 1,200 and 6,000 sq.
ft. of impervious surface. Urban Forestry staff have found that larger, multi -unit structures on
smaller infill sites are no longer required to perform any tree preservation, mitigation, or even
escrow, even if the impact to the canopy is significant. To help alleviate concerns about requiring
additional tree preservation to smaller sites, staff also recommends an option for projects within
this threshold to be evaluated for a tree escrow contribution.
The City Attorney's office also recommends changes to the appeals section of code. Variances,
as currently written in the appeals portion of code, can only be appealed with the overall project,
such as an SIP, LSIP, or LSD. As certain projects no longer require these preliminary project
approvals before permitting, variances can only be appealed once a permit is issued. Staff is
recommending that variances can be appealed independently from an overall project, in those
instances where an SIP, LSIP, or LSD, or other preliminary development entitlement approval is
not required.
Public Comment. Staff distributed the larger ordinance changes to key stakeholders within the
development community. Feedback was received in relation to vested interest of projects that
may already be in the pipeline, and feedback was received in relation to parkland dedication
requirements. The City Attorney's office confirmed that vested interest in this or is any ordinance
change happens at the time of an approved or issued permit. One Planning Commissioner
suggested that the threshold could be shifted to the overall size of a structure rather than the
amount of impervious surface. No additional written comment was offered, or alternative code
changes suggested at this time. Public comment was also provided at the May 13, 2024 Planning
Commission. Members of the public who spoke were more concerned about the proposed
changes to the impervious surface thresholds, which are not under consideration at this time. No
additional public comment has been received by staff.
RECOMMENDATION: Staff recommend forwarding ADM-2024-0028 to City Council with a
recommendation of approval.
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Paqe 2 of 51
PLANNING COMMISSION ACTION
Date: June 24, 2024 O Tabled
Motion: Garlock
Second: Cabe
Vote: 7-1-0 Commissioner Brink o
BUDGET/STAFF IMPACT:
None
Required YES
04 Forwarded O Denied
with a recommendation of approval.
Attachments:
• Proposed Ordinance (Clean):
• UDC §155, Appeals
• UDC §166.02, Development Review Process
• UDC §166.23, Urban Residential Design Standards
• UDC §167.04, Tree Preservation and Protection
• Proposed Ordinance (Strikethrough):
• UDC §155, Appeals
• UDC §166.02, Development Review Process
• UDC §166.23, Urban Residential Design Standards
• UDC §167.04, Tree Preservation and Protection
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
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CHAPTER 155: APPEALS
CHAPTER 155: APPEALS
155.01 Circuit Court
Unless set forth otherwise below, all appeals from final actions taken by the City Council, Planning Commission,
Board of Adjustment, Construction Board of Adjustment and Appeals, and the Zoning and Development
Administrator shall be taken to the Circuit Court of Washington County.
(Code 1965, App. A., Art. 9(6); Ord. No. 1747, 6-29-70; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7-3-79; Code 1991,
§160.175; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04))
155.02 Form/Time/Place
Unless an appeal is filed with the court, the following requirements shall be met:
(A) Form. All appeals shall be submitted in writing referencing the applicable UDC section(s) and setting out the
reasons the applicant contends the decision was in error and how the applicant is adversely impacted.
(B) Time.
(1) Appeals. Appeals shall be submitted within ten (10) working days from the date of the final action
taken.
(2) Hearings. The entity hearing the appeal shall fix a reasonable time for hearing an appeal.
(C) Place. Appeals shall be filed with the following:
(1) City Clerk. Appeals made to the City Council shall be filed with the City Clerk.
(2) Zoning and Development Administrator. Appeals made to the Planning Commission or Board of
Adjustment shall be filed with the Zoning and Development Administrator.
(3) Building Safety Division Director. Appeals made to the Construction Board of Adjustment and Appeals ,
[for inspecting purposes] shall be filed with the Building Safety Division Director.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04)
155.03 Stay
An appeal shall stay all proceedings in furtherance of the action appealed from unless the person in charge of
administration of the chapter certified that a stay would, in their opinion cause imminent peril to life or property.
(Code 1965, App. A., Art. 13(3); Ord. No. 1747, 6-29-70; Code 1991, §160.173; Ord. No. 4100, §2 (Ex. A), 6-16-98)
155.04 Council Member Appeal On Behalf Of Resident
A Council Member may bring an appeal on behalf of any resident of the city of a decision by the Planning
Commission to approve subdivision requests (plats, lot splits), and development requests (large scale
developments and large or small site improvement plans). Variances, compliance with applicable design standards,
tree preservation plans and conditions of approval for any development shall be appealed as part of the approval
or denial of a development proposal. Variances, compliance with applicable design standards, tree preservation
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plans and conditions of approval for any development not requiring approval by the Planning Commission or
administrative approval by the Planning Division may be appealed independently.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 6342, §1, 8-4-20)
155.05 Appeals From Planning Commission Decisions
(A) Appeals to City Council
(1) Owners of record of the property being considered may appeal a decision by the Planning Commission
to deny the following requests in accordance with the procedure set forth in §155.02:
(a) Annexation;
(b) Rezoning;
(c) Required dedication and improvements of §155.06(C);
(d) Subdivision (plats, lot splits, lot line adjustments);
(e) Development (large scale development, large and small site improvement plans);
(f) Vacations of street right-of-way.
(2) Conditions of Approval/Variances, etc. An owner of record may appeal the conditions of approval
determined by the Planning Commission and any adverse decision by the Planning Commission
concerning applicable design standards, tree preservation requirements, streamside protection
requirements and variance requests as part of the conditions of an approved development request or
the denial of such development request. Variances, compliance with applicable design standards, tree
preservation plans and conditions of approval for any development not requiring approval by the
Planning Commission or administrative approval by the Planning Division may be appealed
independently.
(3) Conditional Use Request. Three Council Members may in unison appeal a decision of the Planning
Commission approving or denying a conditional use request.
(Code 1965, §13A-40, App. C., Art. II, Art. V., §B; Ord. No. 1509, 8-8-66; Ord. No. 1750, 7-6-70; Code 1991,
§§156.017, 159.12, 159.54(F)(1), (2), 159.66; Ord. No. 3781, §1, 4-19-94; Ord. No. 3925, §6, 10-3-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4334, 9-4-01; Ord. No. 4340, 10-2-01; Ord. No. 6342 , §2, 8-4-20)
155.06 Appeals From Staff Interpretations And Actions
(A) Appeals to City Council.
(1) The City Engineer's decision to issue a violation notice or stop work order may be appealed to the City
Council by an owner of record of the property in question or a council member on behalf of a resident
of the city.
(2) The Zoning and Development Administrator's decision to deny a vacation of any public easement
(whether constructed or not) or portion thereof may be appealed by the owner of record of the
property.
(B) Appeals to the Board of Adjustment. The following interpretations and decisions may be appealed by an
owner of record of the property in question or a council member on behalf of a resident of the city to the
Board of Adjustment:
(1) Zoning and Development Administrator. An interpretation or decision regarding zoning matters.
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(2) Building Safety Officer —Airport Zone. Any person aggrieved, or any taxpayer affected by any decision
of the Building Safety Officer, made in the administration of Airport Zone, Chapter 165.
(C) Appeals to the Planning Commission.
(1) Zoning and Development Administrator's Required Dedications and Improvements.
(a) An owner or developer who is aggrieved by the requirements of the Unified Development Code
for land, right-of-way or easement dedications, construction of on -site or off -site improvements,
or payments in lieu of any dedication or improvement, which are in excess of the "rough
proportionality" of the impact of the development upon the city's infrastructure or services may
appeal such requirement to the Planning Commission as a part of the submission of the
preliminary plat, large scale development, subdivision, building permit, lot split, grading permit,
floodplain development permit, or otherwise within ten (10) days of notification of such
development requirements. The appeal must be presented to the Planning Division in writing and
state the grounds, or reasons for the appeal.
(b) The Planning Commission shall determine after public hearing whether the required dedications,
improvements, and fees meet the "rough proportionality" of the impact of the development on
city infrastructure and services. If the requirements are in excess of the "rough proportionality,"
the Planning Commission is empowered to modify or reduce such requirements to achieve
"rough proportionality."
(c) Any potential reduction of impact fees must be approved by the City Council.
(2) Administrative Approvals and Interpretations by Zoning and Development Administrator.
(a) A resident of the city or an owner/developer who is aggrieved by a decision of the Zoning and
Development Administrator regarding development matters that are approved administratively
(as required by Chapter 166.02(C)) may appeal the final development approval decision affected
by this matter to the Planning Commission. The appeal shall be submitted in writing to the
Planning Division within ten (10) working days of the final decision. The appeal shall be limited to
the applicable approval or denial criteria as follows:
(i) The development plan is not submitted in accordance with the requirements of Chapter
166 of the Fayetteville Unified Development Code.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by Chapter 166 of the Fayetteville Unified Development Code.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is significant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development or preliminary plat and the developer has made no provision for extending
such service to the development.
(vi) The developer refused to comply with UDC Ch. 166 pertaining to required on -site and off -
site improvements.
(b) The appellant must include in the letter of appeal the specific code section with which the
development application does not comply.
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(c) The Planning Commission shall determine after public hearing whether the interpretation or
discretionary decision should be upheld or modified in part or in whole.
(d) Any staff recommendation to approve or deny some or all of a requested street right-of-way
vacation shall be considered by the Planning commission with recommendations to the City
Council.
(3) City Engineer and Flood Plain Administrator.
(a) Development Matters. An interpretation or decision of the City Engineer or Floodplain
Administrator regarding development matters, including grading, drainage, water and sanitary
sewer systems, and storm drainage systems.
(b) Floodplain Regulations. The decision of the Floodplain Administrator, provided that the Planning
Commission shall hear and decide an appeal only when it is alleged there is an error in any
requirement, decision, or determination made by the Floodplain Administrator in the
enforcement or administration of Chapter 168.
(c) Streamside Protection Zones. An interpretation or decision of the City Engineer concerning the
regulated uses, structures and activities, streamside boundary location or land use exemptions.
(4) Zoning and Development Administrator's Interpretation or Decision of Other Development Matters. An
interpretation or decision of the Zoning and Development Administrator regarding development
matters including subdivisions, large scale developments, parking and loading, outdoor lighting,
compliance with applicable design standards, or any other development matters.
(5) Urban Forester -Landscape and Tree Preservation and Protection requirements. Decisions of the Urban
Forester related to landscape and tree preservation and protection requirements.
(D) Appeals to the Construction Board of Adjustment and Appeals. When the administrative authority under
Chapter 173 shall disapprove an application, or the applicant is aggrieved by the interpretation of the
administrative authority, the applicant may appeal the decision to the Construction Board of Adjustment and
Appeals.
(Code 1965, §17B-11.2(d), (e), App. A., Art. 10(6), 19(2), App. B, §III, App. C., Art. 10(6), 19(2), App. B, §III, App. C.,
Art. V, §A; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7-6-70; Ord. No. 2109, 6-375; Ord. No. 2252, 7-6-76; Ord. No.
2538, 7-3-79; Ord. No. 2585, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-14-88;
Code 1991, §§150.03, 158.67(B), 158.68(A), (B), 159.65, 160.048, 160.172, 160.176(A), (B), 161.11, 162.03(B), (C),
163.10(D); Ord. No. 3551, 6-4-91; Ord. No.3587, §1, 1-7-92; Ord. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93,
Ord. No. 3806, §1, 6-28-94;Ord. No. 3895, §1, 6-20-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3901, §1, 7-5-95; Ord.
No. 3925, §7, 10-3-95; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Exh. A), 6-16-98; Ord. No. 4368, §2, 2-5-02;
Ord. No. 4377, §§1, 2, 3-5-02; Ord. No. 4652, 12-07-04; Ord. No. 5206, 12-16-08; Ord. No. 5296, 12-15-09; Ord.
5390, 3-1-11; Ord. No. 6343, §1(Exh. A), 8-4-20; Ord. No. 6446, §5, 6-15-21)
155.07 Appeals To The Housing Board -Mobile Homes And Mobile Home Parks
(A) Permit Denied. Any person whose application for a permit under Chapter 175 has been denied may request
and shall be granted a hearing on the matter before the Housing Board.
(B) Permit Suspended. Any person whose permit has been suspended, or who has received notice from the
enforcement officer that his permit will be suspended unless certain conditions or practices at the mobile
home park are corrected, may request and be granted a hearing on the matter before the Housing Board.
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(C) Petition Deadline. When no petition for hearing shall have been filed within ten (10) days following the day
on which notice of suspension was served, such permit shall be deemed to have been automatically revoked
at the expiration of such ten (10) days.
(Code 1965, §171311.2(e); Ord. No. 2109, 6-3-75; Ord. No. 2583, 12-4-79; Ord. No. 3152, 11-19-85; Ord. No. 3153,
11-19-85; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-15-88; Code 1991, §158.67; Ord. No. 4100, §2 (Exh. A), 6-16-
98)
(Code 1965, §§13A-40, 13A-43; Ord. No. 1509, 8-8-66; Code 1991, §§156.017, 156.029; Ord. No. 4100, §2 (Exh. A),
6-16-98; Ord. No. 4652, 12-07-04).
155.08 Appeals From The Construction Board Of Adjustments And Appeals
If the Construction Board of Adjustments and Appeals refuses to extend a building permit pursuant to §173.02
(13)(8) or to issue a new building permit for property for which a building permit has expired pursuant to §173.02
(13)(8), the owner may appeal to the City Council.
(Ord. No. 5019, 5-15-07)
155.09-155.99 Reserved
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166.02 Development Review Process
(A) Application Submittal
(1) Submittal. All development applications shall be submitted to the Planning Division and will be
processed for review in accordance with Planning Division operating procedures.
(B) Public Meetings. Development applications are required to be processed through the Technical Plat Review
Committee, Subdivision Committee, and Planning Commission as follows:
(1) Technical Plat Review Committee. The following development applications are required to be reviewed
by the Technical Plat Review Committee: Lot split, small site improvement plans, large site
improvement plans, large scale development, planned zoning district, preliminary plat, final plat, and
concurrent plat. After the Technical Plat Review Committee meeting staff may administratively
approve lot splits, final plats, small site improvement plans, and large site improvement plans after
review for compliance with all applicable codes subject to UDC 166.02(C).
(2) Subdivision Committee. The following development applications are required to be reviewed by the
Subdivision Committee: Large scale development, planned zoning district with development,
preliminary plat, and concurrent plat. From these applications, the Subdivision Committee may
approve only large scale developments. Large scale development applications that are subject to
administrative approval shall not be required to be reviewed by the Subdivision Committee.
(3) Planning Commission. The following development applications are required to be reviewed by the
Planning Commission. Preliminary plat, concurrent plat, and planned zoning district with development.
The Planning Commission may approve, deny, table, or approve development applications with
conditions. A planned zoning district cannot be approved by the Planning Commission, but may be
forwarded to City Council. Large scale development applications that are subject to administrative
approval shall not be required to be reviewed by the Planning Commission.
(C) Approval and Denial Criteria
(1) Administrative Approval. The following applications shall be approved administratively by the Planning
Division as long as the proposal meets all requirements of the Unified Development Code: Property line
adjustment, lot split, final plat, small site improvement plan, and large site improvement plan.
Approval by the Planning Commission for these applications is not required unless an appeal is filed in
accordance with Ch. 156 of the UDC.
(a) Reasons for Denial. The Planning Division may refuse administrative approval based on the
following criteria:
(i) Property Line Adjustment; Lot Split. The application does not comply with zoning and
development requirements including, but not limited to: Lot width, lot area, setback
requirements, buildable area, required parking, impervious surface, dedication of required
right-of-way or easements, etc., or the requested action would make an existing non-
conforming property or structure more non -conforming.
(ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the
proposed plat does not meet the zoning and development requirements of the UDC,
and/or the required improvements have not been completed or guaranteed in accordance
with Fayetteville Unified Development Code Chapter 158.
(iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small
or large site improvement plan for any of the following reasons:
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(a) The development plan is not submitted in accordance with the requirements of
this chapter.
(b) The proposed development would violate a city ordinance, a state statute, or a
federal statute.
(c) The developer refuses to dedicate the street right-of-way, utility easements or
drainage easements required by this chapter.
(d) The proposed development would create or compound a dangerous traffic
condition. For the purpose of this section, a dangerous traffic condition shall be
construed to mean a traffic condition in which the risk of accidents involving
motor vehicles is significant due to factor such as, but not limited to, high traffic
volume, topography, or the nature of the traffic pattern.
(e) City water and sewer is not readily available to the property within the site
improvement plat area and the developer has made no provision for extending
such service to the development.
(f) The developer refused to comply with ordinance requirements or condition of
approval for on -site and off -site improvements.
(2) Subdivision Committee and Planning Commission Approval. The following applications shall be
approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below:
Large scale development, preliminary plat and concurrent plat.
(a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a
large scale development, preliminary plat or concurrent plat for any of the following reasons:
(i) The plat or development plan is not submitted in accordance with the requirements of this
chapter.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by this chapter.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is significant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development, preliminary plat, or concurrent plat and the developer has made no
provision for extending such service to the development.
(vi) The developer refused to comply with ordinance requirements or conditions of approval
for on -site and off -site improvements.
(D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body,
the applicant shall follow the procedures set forth below in order to record the plat or obtain construction
plan approval.
(1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall
submit copies of the approved plats containing all required signatures to the Planning Division for final
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approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the
Planning Division as required.
(2) Preliminary Plat Large Scale Development and Small or Large Site Improvement Plan. Receipt of the
approval authorizes the applicant to proceed with:
(a) The preparation of plans, reports and specifications in accordance with City Engineering
requirements including but not limited to:
(i) Street plans, profiles and specification accompanied by soil analyses and design
calculations;
(i i) Storm drainage plans, profiles and specifications accompanied by soil analyses and design
calculations; and
(iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to
be reviewed and approved by City Engineering.
(iv) Final site plans, landscape plans, and other plans, reports and specifications required by the
city to obtain approval.
(b) Once all approvals that are required have been obtained, the applicant may proceed with site
preparation and construction in accordance with the permitted plans.
(E) Building Permits.
(1) Before a building permit is issued the developer shall:
(a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street
Plan, and in compliance with the requirements for on or off -site improvements.
(b) Dedicate all easements necessary to serve the development as required by the utility providers
and the city. This may be completed by easement plat or separate easement document(s), with
approval of the Planning Division.
(c) Comply with all applicable zoning and development codes.
(d) In addition, for small site improvement plans, large site improvement plans and large scale
developments, the developer shall:
(i) Obtain approval from the appropriate governing body.
(i i) On and Off -Site Improvements. Construct or guarantee required on- and off -site
improvements in accordance with UDC Chapter 158.
(iii) Complete applicable conditions of approval.
(2) In addition to §166.02(E), before a building permit is issued for site that creates between 1,201 and
10,000 square feet of new impervious area, where a corresponding subdivision of land is not proposed,
the developer shall complete, and receive approval of, appropriate grading and drainage
documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City
Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if
they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery.
Required Mitigation Measures and Documentation by Development Threshold
Development
Threshold
City-wide
Standard
Grading and Drainage/
Stormwater Documentation
Water Quality, Flood, and Tree
Mitigation Measures
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Level 1
< or =
1,200 sf
of IA
Exempt from Grading and Drainage
provisions except for those still
associated with the Building Permit
process such as HHOD
Exempt
Level 2
1,201—
• Completed Green Stormwater
2 or more measures from Step 1
6,000 sf
Practice (GSP) Worksheet,
of Table 2 that Reduce Runoff via
of IA
demonstrating Runoff Reduction
Better Site Design
via Better Site Design.
• 1 or more Green Stormwater
• GSP Operation & Maintenance
Practices (GSPs) measures from
(O & M) Agreement to ensure the
Step 2 of Table 2 as required to
long-term functionality of these
treat 100% of the proposed
practices.
additional impervious and gravel
areas.
• Abbreviated Tree Preservation
Plan
Level 3
6,001—
Same as Level 2.
• Same as Level 2.
10,000 sf
• As needed GSP measures from
of IA
Step 3 to further reduce runoff
referred to as extended detention
• Abbreviated Tree Preservation
Plan
(F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale
development, large site improvement plan, or small site improvement plan shall be issued, and no final plat
or concurrent plat shall be signed for recordation until the following have been completed:
(1) The requirements for on and off -site improvements have been completed, and maintenance
bonds/guarantees deposited to city specifications.
(2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing:
(a) The location of all buildings and the setback distance for said buildings from street right-of-way
and adjoining property lines;
(b) The location of any freestanding signs and the setback distance of said signs from street right-of-
way and adjoining property lines;
(c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or
fences;
(d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines;
(e) The location and size of all stormwater features with associated drainage easements
demarcated, where applicable; and
(f) The location and quantity of existing and new impervious area on the property.
(3) The development has been inspected and approved by all applicable city divisions.
(4) All applicable conditions of approval have been completed.
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(Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16-159.18; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh.
C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22)
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166.23 Urban Residential Design Standards
(A) Purposes.
(1) To protect and enhance Fayetteville's appearance, identity, and natural and economic vitality.
(2) To create appealing street scenes so that development enhances the image of the city and provides
safe, pedestrian -friendly neighborhood environments.
(3) To minimize service and parking impacts in order to preserve surrounding property values and scenic
resources that contribute to the city's economic development.
(4) To compose attractive residential facades that enhance the economic viability of and provide
compatibility with surrounding property.
(B) Applicability. All references to urban residential design standards shall include the following uses as
permitted by right or conditional use in all zoning districts:
(1) Two (2) family dwellings
(2) Three (3) and four (4) family dwellings
(3) Multi -family dwellings
(C) Site Development Standards. The following site development standards shall apply for all urban residential
development.
(1) Intent. The intent of these site development standards is to create a pedestrian -friendly streetscape.
(2) Vehicular Access/Circulation/Parking.
(a) Site access and internal circulation should promote pedestrian safety, efficiency, and
convenience and minimize conflicts between vehicles and pedestrians. Continuous circulation
shall be provided throughout the site to the greatest extent possible creating a complete,
compact, and connected transportation network both within the development and to the
surrounding neighborhood. The visual impact of parking areas should be minimized by locating
parking behind buildings and internal to the site.
(i) Garage entries and carports shall not protrude forward from the principal facade.
Driveways shall extend at least 18 feet into the property from the Master Street Plan right-
of-way to allow parking to occur without encroaching into the right-of-way.
(ii) Parking areas should be accessed by mid -block alleys whenever possible. Developments
should minimize multiple driveways and should utilize a shared access to reduce the
number of vehicle conflicts at the street.
(iii) On -street parallel parking may be provided on at least one (1) side of the street in front of
all multi -family buildings where feasible. Each on -street parking space provided along the
project frontage shall count toward the total required spaces for the development.
(3) [Reserved.]
(4) Pedestrian Circulation.
(a) Ground floor dwelling units adjacent to a public street shall have a primary pedestrian entry that
is visible from the street. This entry shall connect unobstructed to the public sidewalk where
sidewalk exists in a manner to allow occupants to access from the interior of the structure to the
city sidewalk. The connection shall match the sidewalk in material type and shall be at least 3 feet
in width unless otherwise approved by the Zoning and Development Administrator in writing. The
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entry may be gated and shared but must occur at a spacing of no fewer than one (1) entrance for
every two (2) street level dwellings. The pedestrian connection to the street may run from the
door along the fagade of the building parallel to the street for a maximum of 12 feet from the
door before connecting directly to the public sidewalk.
(b) Urban residential projects shall incorporate pedestrian connections to adjacent residential and
commercial properties where sidewalks exist unless this requirement is otherwise waived by the
Planning Commission.
(5) Screening Requirements if Visible from the Highway/Street Right -of -Way.
(a) Mechanical and Utility Equipment. All mechanical and utility equipment located on the wall
and/or on the ground shall be screened, except for air conditioning window units. All roof
mounted utilities and mechanical equipment shall be screened by incorporating screening into
the structure utilizing materials compatible with the supporting building. Mechanical and utility
equipment over 30 inches in height shall meet building setbacks, unless located in a utility
easement.
(b) Recycling and Trash Containers. Adequate space and screening shall be provided for the
placement of recycling and trash containers in urban residential developments.
(i) Urban residential developments are required to provide adequate space to provide both
recycling and trash services for residents. The Recycling and Trash Collection Division
Director may exercise discretion in approving the dimensional size of the required
enclosure or dedicated space for servicing recycling and trash containers. Large multi-
family urban residential developments typically will be required to provide adequate space
for the placement of two (2) front-end load dumpsters that are easily accessible with a
minimum enclosure dimension of 24 feet wide and 12 feet deep.
(ii) Recycling and trash containers shall be screened by enclosures with materials that are
complementary to the principal structure, with access to the refuse containers not visible
from the public right-of-way.
(c) Screening. Screening shall mean a view obscuring fence, berm, vegetation, architectural
treatment consistent with the residential architecture, or a combination of the four of sufficient
height to prevent the view of the screened items from the public right-of-way. Vegetation shall
be planted at a density sufficient to become view obscuring within two years from the date of
planting.
(6) Fencing. The following types, height, and location of fences shall be prohibited:
(a) Razor and/or Barbed Wire. Razor and/or barbed wire fences are prohibited, unless and except
barbed wire fences are used for agricultural purposes.
(b) Chain Link. Chain link fence is prohibited if closer to the street than the front of the building.
(c) Height of Fences in Front of Buildings. Fences in the front yard area shall have a maximum height
of 42 inches subject to visibility requirements in Chapter 164.09 and 164.17.
(D) Architectural Design Standards.
(1) Intent. The intent of these building design standards is:
(a) To ensure that urban residential buildings add to the character and quality of the community,
offer a sense of security, and make a positive contribution to the life of the street.
(b) To maximize the quality, value and longevity of urban residential neighborhoods.
(c) To make housing appealing and comfortable for its inhabitants.
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(2) Construction and Appearance Design Standards for Urban Residential Development.
(a) Building Form and Design.
(i) In order to provide a variety in form and design, one (1) building type may not be utilized
more than three (3) times in a development. Each building type shall be differentiated by
variations in materials, colors and roof forms.
(ii) Ancillary structures such as carports, garages, recreational buildings and storage structures
shall be designed as an integral part of the project architecture.
(iii) The following architectural elements shall be required of all principal facades that are
greater than 48 feet wide along the street frontage:
(a) Variations in materials;
(b) Insets or other relief in the wall plane;
(c) Incorporation of two or more of the following:
(1) Balconies;
(2) Bays or bay windows;
(3) Porches;
(4) Dormers;
(5) Porticoes;
(6) Turrets; or
(7) Other architectural feature approved by the Zoning Development
Administrator that meets the intent of the code.
(iv) One (1) or more of the following architectural elements shall be required of all principal
fagades that are 48 feet wide or less along the street frontage:
(a) Balconies;
(b) Bays or bay windows;
(c) Porches;
(d) Dormers;
(e) Porticos;
(f) Turrets; or
(g) Other architectural feature approved by the Zoning and Development
Administrator that meets the intent of the Code.
(E) Planning Commission Approval. An applicant may request approval from the Planning Commission of a
variance from the maximum requirements where unique circumstances exist and the effect will not
adversely impact adjoining or neighboring property owners. The applicant shall provide notification to
adjacent property owners prior to the date of the meeting.
(Ord. No. 5118, 3-18-08; Ord. No. 5262, 8-4-09; Ord. No. 5679, 4-15-14; Ord. No. 6170, §1, 4-2-19; Ord. No. 6357,
§§1, 2, 9-15-20; Ord. No. 6508 , §1, 11-16-21; Ord. No. 6658 , §10, 5-2-23)
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167.04 Tree Preservation And Protection During Development
(A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified
Development Code as follows:
(1) Large Scale Developments.
(2) Large Site Improvement Plan.
(3) Small Site Improvement Plan.
(4) Preliminary Plat.
(5) Final Plat.
(6) Concurrent Plat.
(7) Planned Zoning Districts.
(8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of
parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for permits on projects that are required to go
through the subdivision or large scale development process.
(9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District
shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family
residential development shall submit an abbreviated tree preservation and site plan at the time of
applying for a building permit.
(10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for grading permits on projects that are not
required to go through the development process.
(11) Building Permits. Tree preservation requirements apply to all permit applications for developments of
greater than 1,200 square feet of impervious area. An abbreviated tree preservation plan, as set forth
in §167.04(H)(3), shall be submitted with the application for building permits on projects that are not
required to go through the subdivision, large scale development, or site improvement plan process.
There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan
has been submitted and approved, and the tree protection measures at the site inspected and
approved.
(12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree
preservation plan or review from Urban Forestry.
(a) Persons seeking to construct 1,200square feet or less of impervious area are specifically exempt
from the provisions of this section except when the land is located within the Hillside/Hilltop
Overlay District; then all the provisions of this ordinance shall apply.
(b) Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in
an enlargement of the building footprint or roof dripline shall not require an abbreviated tree
preservation plan.
(B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant
information, when evaluating tree preservation plans:
(1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species.
(2) Whether the design incorporates the required tree preservation priorities.
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(3) The extent to which the area would be subject to environmental degradation due to removal of the
tree or group of trees.
(4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and
the property on which the tree or group of trees is located.
(5) Whether alternative construction methods have been proposed to reduce the impact of development
on existing trees.
(6) Whether the size or shape of the lot reduces the flexibility of the design.
(7) The general health and condition of the tree or group of trees, or the presence of any disease, injury,
or hazard.
(8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the
property.
(9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or
maintaining essential public utilities.
(10) Whether proposed roads and proposed utilities are designed in relation to the existing topography,
and routed, where possible, to avoid damage to existing canopy.
(11) Construction requirements of on -site and off -site drainage.
(12) The effects of proposed on -site mitigation or off -site alternatives.
(13) The effect other chapters of the Unified Development Code, or city policies have on the development
design.
(14) The extent to which development of the site and the enforcement of this chapter are impacted by
state and federal regulations.
(15) The impact a substantial modification or rejection of the application would have on the applicant.
*Note —The above items are not presented in any particular order of importance. The weight each is given will
depend in large part on the individual characteristics of each project.
(C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or
abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum
Canopy, unless the applicant has been approved for on -site mitigation or off -site alternatives as set forth in
§167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new
development is based on the total area of the property for which the applicant is seeking approval, less the
right-of-way and park land dedications. An applicant shall not be required to plant trees in order to reach the
percent minimum canopy requirement on land where less than the minimum exists prior to development.
Table 1
Minimum Canopy Requirements
ZONING DESIGNATIONS
PERCENT
MINIMUM
CANOPY
R-A, Residential — Agricultural (nonagricultural uses)
25%
RSF-.5, Single-family Residential —
One -Half Unit per Acre
25%
RSF-1, Single-family Residential —
One Unit per Acre
25%
RSF-2, Single-family Residential —
Two Units per Acre
20%
RSF-4, Single-family Residential —
Four Units per Acre
25%
RSF-7, Single-family Residential —
Seven Units per Acre
20%
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RSF-8, Single-family Residential —
Eight Units per Acre
20%
RSF-18, Single-family Residential
— Eighteen Units per Acre
20%
R-0, Residential — Office
20%
RI-12, Residential Intermediate —
Twelve Units Per Acre
20%
RI-U, Residential Intermediate —
Urban
15%
RMF-6, Multi -family Residential —
Six Units per Acre
20%
RMF-12, Multi -family Residential
— Twelve Units per Acre
20%
RMF-18, Multi -family Residential
— Eighteen Units per Acre
20%
RMF-24, Multi -family Residential
— Twenty -Four Units per Acre
20%
RMF-40, Multi -family Residential
— Forty Units per Acre
20%
NS-L, Neighborhood Services — Limited
20%
NS-G, Neighborhood Services — General
20%
C-1, Neighborhood Commercial
20%
CS, Community Services
20%
C-2, Thoroughfare Commercial
15%
UT, Urban Thoroughfare
15%
C-3, Central Business Commercial
15%
DC, Downtown Core
10%
MSC, Main Street Center
10%
DG, Downtown General
10%
NC, Neighborhood Conservation
20%
1-1, Heavy Commercial and Light Industrial
15%
1-2, General Industrial
15%
P-1, Institutional
25%
PZD, Planned Zoning District
(HHOD)
25%
(30%)
All residential zoning districts and C-1 districts within the Hillside/Hilltop Overlay District shall have their percent
minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%.
(D) Prior Tree Removal.
(1) If trees have been removed below the required percent minimum canopy within the five (5) years
preceding application for a development, the site must be forested to meet the Percent Minimum
Canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for
which the applicant is seeking approval, less the right-of-way and park land dedications. The number of
trees required to be planted shall be calculated using the base density for high priority trees.
(2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees
were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of
this chapter, the additional 10% reforestation requirement shall be waived.
(E) Tree Preservation Priorities.
(1) Percent Minimum Canopy. Proposed designs must meet the percent minimum canopy requirements
for the particular zoning designation, emphasizing the preservation and protection of high priority
trees on the site. Trees in existing and not to be vacated utility easements shall not be counted toward
the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to
avoid existing canopy.
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(2) Existing Natural Features. Each design shall consider the existing natural features of the site, the
preservation priorities for the trees, and the impact their proposed removal may have both on and off -
site.
(3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently
to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater
than or equal to an 8-inch diameter at breast height for large and medium species of trees. High
priority for small species of trees is greater than or equal to a 4-inch diameter. Low priority trees are
invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low
priority trees are less than an 8-inch diameter at breast height for larger and medium species and less
than a 4-inch diameter at breast height for smaller trees species.
(F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be located
in areas that have the least possibility of impact as public infrastructure and proposed utilities are
installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the
use and enjoyment of prospective lot owners. Residential developments requesting tree removal
below the percent minimum canopy requirement may choose either residential on -site mitigation, or
to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be
vacated utility easements shall not be counted toward the percent minimum canopy requirement, and
such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent
minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for
the development of nonresidential developments. The Urban Forester shall recommend to the
Planning Commission the option that will potentially preserve the largest amount of high priority
canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(a) Preservation Plan for Entire Development. The developer may choose to preserve the percent
minimum canopy required for the entire development. With this option, the preserved canopy
shall be located in areas that will not be impacted by future development of the individual lots.
Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in
§167.04(L) below. Should the entire percent minimum canopy requirement for the site be so
protected, the preserved canopy shall be placed in a tree preservation easement and the final
plat shall include a statement that the individual lots, as represented thereon, shall not require
separate tree preservation plans.
(b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall
delineate the area required for the construction of the infrastructure and improvements for the
development. This area should include street rights -of -way, and utility and drainage easements.
Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate
percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal
of trees during the grading of individual lots, unless shown by the developer to be essential to the
project's engineering design. The developer will be required to compensate for the canopy
removed from defined individual lots by making the appropriate payment into the Tree Escrow
Account. On all other areas of the development, the developer shall protect the existing canopy
during the construction phase in accordance with §167.05 below. The final plat shall include a
statement that the individual lots shall require separate tree preservation plans.
(3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay
District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set
forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum
tree canopy requirement.
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(4) Developers have the option of creating cluster development, such as a Planned Zoning District, which
would encourage more open space and tree preservation. In this pattern of development, the trees
preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead
of individual lots required to meet minimum percent requirements. The Tree Preservation Easements
shall be clearly depicted on easement plats or final plats.
(G) Initial Review.
(1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with
the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to
submitting a proposed development to the city. During the initial review, the Urban Forester shall
make recommendations to ensure the proposed subdivision or development complies with the
requirements of this chapter. These recommendations shall be nonbinding. However, applicants
proceed at the risk of higher costs and longer approval times due to changes required by a
noncompliant submittal should they choose not to have the initial review or to disregard the
recommendations of the Urban Forester.
(2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial
review meeting in the Tree Preservation and Protection staff report given to applicants going through
the development review process. If the applicant chooses to attend an initial review meeting, the staff
report shall also document any recommendations made. The Urban Forester shall ensure that a copy of
the report or email becomes part of the permanent file for the project.
(H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree
preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C).
(1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree
preservation analysis to determine the approximate age, health, size and species distribution of the
trees, noting each on a tree preservation plan, and clearly showing the locations and types of all
natural features on a site, including features 100 feet beyond the property lines. The tree preservation
plan shall also specifically depict the applicable preservation priority level for each tree or group of
trees on the site. The plan should include, but not be limited to, delineation of the following features as
they exist on the site:
(a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the
natural drainage patterns;
(b) The property line boundaries of the site;
(c) Soils identified according to the Unified Soil Classification System;
(d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and
Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species,
diameter at breast height (DBH), and the overall health of each significant tree;
(e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species,
average height, diameter at breast height (DBH), and general health of the trees.
(f) All existing utilities and utility easements;
(g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist
on the site or within 100 feet of the limits of disturbance;
(h) Floodplains and floodways on the site;
(i) All existing rights -of -way within and surrounding the project site, including any designated trails
or bike paths; and,
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(j) Any other factors that may impact the design of the site.
(2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements,
and delineate in the tree preservation plan the trees to be retained on -site, and the measures to be
implemented for their protection. These measures shall include, but need not be limited to, fencing,
limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly
depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the
proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation,
Protection and Landscape Manual for details, examples and specific checklists. Examples can be
provided upon request to the Urban Forester.
(3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for
between 1,201 to 10,000 square feet of impervious area that require building permits, grading, or
parking lot permits, but that do not fall under the requirements for developments required to go
through the development review process of Technical Plat Review Committee, Subdivision Committee
and/or Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The
information for an abbreviated tree preservation plan may be combined with the site plan, plat
drawing, or grading plan. The applicant is expected to show the general location of all existing groups
of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all
areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective
measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be
depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before
applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville
Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants
submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor
shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated
tree preservation plan.
(4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not
met. The report shall detail the design approaches used to minimize damage to or removal of existing
canopy that were considered in arriving at the proposed design. Written justification shall be presented
as to why individual trees or canopy must be removed. The report shall also detail proposed on -site
mitigation options or off -site alternatives, as detailed below.
(5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas,
preserved trees, and the physical limits of all protective measures on site required during construction.
(6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with
removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban
Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree
preservation plans shall not be required to submit analysis report.
(7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation
Easements for the added protection of trees preserved to meet percent minimum canopy
requirements or trees planted, in those instances where such would be of mutual benefit to the
applicant and the City of Fayetteville.
(1) Request for On -Site Mitigation.
(1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum
canopy requirement must be incorporated with the applicant's tree preservation plan.
(2) Plan Requirements. The tree preservation plan must graphically represent the species and location for
all existing trees on -site. It shall also include a chart clearly stating the following information:
(a) The number of trees requested for removal;
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(b) The percentage below the percent minimum canopy requirement they represent; and
(c) The species and number of trees to be planted based on the forestation requirements below.
(3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or
landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape
Manual.
(4) Forestation Requirements. The number and species of trees required for forestation shall be based
upon the quality of the canopy lost:
(a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy
required, the canopy square footage removed shall be forested at a base density of two hundred
(200), 2-inch caliper trees per acre removed.
(b) Low Priority Canopy. When removing low priority canopy below the percent minimum required,
the canopy square footage removed shall be forested at a base density of one hundred (100), 2-
inch caliper trees per acre removed.
(5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be
accomplished by forestation on a per acre basis. The base density formula used above is based on 2-
inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch
caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases,
the number of trees to be planted may be adjusted in accordance with the species table to be found in
the City of Fayetteville Tree Preservation, Protection, and Landscape Manual.
(6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars,
when available, or selected from the list of preferred tree species set forth in the City of Fayetteville
Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the
amount of space available for proper growth on the site, and must be approved by the Urban Forester.
(7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the
environmental benefits of canopy cover are most likely to offset the impact of development. Trees
shall not be placed within utility easements, or in other locations where their future protection cannot
be assured.
(8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential developments
shall comply with all the provisions of §167.04(I), as well as the following:
(a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees
based on the forestation requirements as set forth at §167.04(I)(4).
(b) All plans requesting residential on -site mitigation shall include a binding three (3) year
maintenance and monitoring plan, which shall hold the applicant responsible for the health of all
planted trees.
(i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the
applicant depositing with the city an irrevocable letter of credit in an amount equal to the
estimated cost of materials and labor for all trees at the time of planting. The irrevocable
letter of credit must cover the entire three (3) year maintenance and monitoring period.
Applicant shall submit cost estimates to the Urban Forester for approval.
(ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester
shall inspect the site and determine whether 90% of the trees are healthy and have a
reasonable chance of surviving to maturity. Upon such a finding, the city shall release the
letter of credit.
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(iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or
dead trees, or take other appropriate action as approved by the Urban Forester. If the
applicant does not take remedial steps to bring the property into compliance, the city shall
use the necessary moneys from the landscape establishment guarantee to do so.
(iv) In the event trees are injured or destroyed by natural disasters, including but not limited
to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or
through the independent actions of third parties, the applicant shall be relieved of the
responsibility of replanting the tree or trees so affected.
(c) Developers requesting mitigation trees be planted along the street right-of-way of residential
developments shall submit a landscape plan that complies with the standards outlined in the City
of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new
trees planted are of the highest quality, require low maintenance, and do not interfere with
public safety. The species of trees to be planted shall be selected from the approved street tree
species list, or be otherwise specifically approved by the Urban Forester. The applicant's
mitigation plan for planting street trees shall describe in detail the method for tracking the
development of the individual lots, which shall best ensure that required number and species of
mitigation trees are planted.
(9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Fagades).
(a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious
area and limited space for planting trees to use on -site mitigation alternatives to meet the
mitigation requirements and still contribute beneficial plant materials that provide positive
ecosystem services.
(b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives to planting
trees in form -based zoning districts that allow for mixed -use and do not have a building area
maximum requirement. On -Site Mitigation Alternatives may not be utilized on sites that have
adequate space to meet landscape requirements.
(c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site alternatives must be
incorporated and submitted concurrently with the applicant's tree preservation plan.
(d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant
species with deeper root systems.
(e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant
species with shallow root systems.
(f) Green Fagade. A green fagade is created by growing climbing plants up and across the fagade of a
building, either from plants grown directly in the ground or a large container of at least 12 inches
of soil medium. Plants can attach directly to the building or be supported with a 12-inch by 12-
inch trellis system connected to the building.
(g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof,
intensive green roof, and green fagade in lieu of a mitigation tree shall be based from square
footage of tree canopy.
(i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 2.5 square feet of extensive green roof.
(ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 1.4 square feet of intensive green roof.
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
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(iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree
canopy to 2.5 square feet of green fagade.
(J) Request for Off -Site Alternatives.
(1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in,
and submitted concurrently with the applicant's tree preservation plan.
(2) Off -Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or
greater amount of canopy cover at a site within the city limits.
(3) Off -Site Forestation.
(a) If off -site preservation cannot be achieved, the applicant may seek approval from the Urban
Forester to plant the required number of trees on another site owned by the applicant and
located within the city limits. A tree preservation easement must be conveyed concurrently with
or prior to submission of a final plat by the applicant to the city to protect any off -site
preservation or forestation and the legal description of the tree preservation easement shall also
appear on the final plat.
(b) An applicant may plant and maintain mitigation trees needed for the applicant's development as
to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city
park or public right-of-way if expressly approved by City Council resolution. The City Council shall
seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about
the advisability of forestation of the nearby city park and may apply express conditions including
requiring irrigation to be installed and regular maintenance to be performed by the applicant.
(4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation,
off -site preservation, off -site forestation, and on -site mitigation alternatives to be considered in
descending order only if the more preferred option cannot be fully achieved. If none of these options
can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the
developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base
Density requirements which fairly represents the costs of material and labor to plant a tree. The
developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to
ensure each tree survives for that period of time. Tree planting and maintenance costs should be
reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and
maintenance for three (3) years.
(a) Developments proposed as building permits creating between 1,201— 6000 square feet of
impervious surface under Level 2 as outlined in §166.02(E)(2) are eligible for contribution to the
tree escrow account as an option.
(b) Residential developments which cannot achieve the base density tree requirements through
preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the
money paid into the Tree Escrow Account to plant trees within the development along rights -of -
way, detention ponds, common areas or other areas where trees can be protected and have a
high probability of survival to a mature tree. This shall be accomplished once the development is
built out or as approved by the Urban Forester.
(c) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to
issuance of a building permit on all commercial, industrial, or multi -family residential buildings
and prior to final plat acceptance for all residential and non-residential subdivisions.
(d) Money contributed under this section:
(i) May be used for canopy mitigation, including planting site identification, tree acquisition,
planting, and maintenance, utilizing either city staff or contract labor;
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(Supp. No. 32)
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(ii) Shall not revert to the general fund for ongoing operations.
(e) If it is not possible to plant trees within the development, planting locations will be sought in
appropriate sites within a 1 mile radius of where the original project is located, but if this cannot
be achieved, the moneys shall be used to plant the trees in the park quadrant in which the
development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban
forest analysis should be consulted when identifying appropriate locations to plant escrow
funded trees.
(f) The City of Fayetteville shall refund the portion of the money contributed under this section,
including the accrued interest that has not been expended seven (7) years from the date of the
contribution. Interest shall be based on a 4% annual rate.
(g) Refunds shall be paid to the present owner of the property that was the subject of new
development and against which the fee was assessed and collected.
(h) Notice of the right to a refund, including the amount of the refund and the procedure for
applying for and receiving the refund, shall be sent or served in writing to the applicant no later
than thirty (30) days after the date which the refund becomes due. The sending by regular mail of
the notices to the applicant shall be sufficient to satisfy the requirement of notice.
(i) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90)
days after the date certain upon which the refund becomes due.
(j) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the
applicant with written notice of those circumstances under which refunds of such fees will be
made. Failure to deliver such written notice shall not invalidate any contribution to the Tree
Escrow Account under this ordinance.
(K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all
recommendations or administrative determinations made regarding an applicant's tree preservation plan.
(1) The form shall clearly indicate whether the Urban Forester is making a final administrative
determination, or a recommendation to the Planning Commission or City Council.
(2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or
"CONDITIONALLY APPROVED," and explain the reasoning therefore.
(3) A statement shall appear on the form explaining the process by which a final administrative
determination may be appealed in accordance with Chapter 155 of the Unified Development Code.
(4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the
permanent file for the project.
(L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation
Easements.
(1) Large scale developments, large site improvements, and commercial preliminary plats are required to
dedicate a tree preservation easement, if any existing tree are to be preserved. The tree preservation
easement shall be the size of the minimum canopy preservation requirement, if possible. If the
minimum tree preservation canopy is not available, the applicant will not be required to dedicate the
minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is
agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns,
or any subsequent purchasers of the subject property are put on notice as to the existence and extent
of approved tree preservation easements which shall be clearly depicted and noted on the easement
plats for large scale developments, large and small site improvements, commercial final plats, and any
plats with a tree preservation easement. This shall be accompanied by a narrative statement describing
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
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the nature of the protection afforded, and bearing the signature of the Urban Forester. If it is
impractical to include the actual depiction of the canopy in a tree preservation easement on the
easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice.
(2) The geographic extent and location of tree preservation easements, once recorded, may only be
modified, or abolished with the express approval of the City Council. Applicants requesting such action
shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is
in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester,
who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council
meeting.
(3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation
easement shall seek prior approval from the Urban Forester, who shall determine if such removal is
consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter.
Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester
determines that natural replacements of sufficient health and vigor are already present in the tree
preservation easement.
(Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §6, 4-16-96; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 4539 02-03-04; Ord. No. 4855, 4-18-06; Ord. No. 4930,
10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2-11; Ord. No. 5513, 7-17-12; Ord. No.
5773, 5-19-15; Ord. No. 5818, 10-20-15; Ord. No. 5824, §3, 11-17-15; Ord. No. 5945, §17, 1-17-17; Ord. No. 5986,
§§4(Exh. A), 5-35, 7-6-17; Ord. No. 6442 , §§1(Exh. Al), 2(Exh. B), 5(Exh. E), 6(Exh. F), 6-1-21; Ord. No. 6446 ,
§9(Exh. D), 6-15-21)
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
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CHAPTER 155: APPEALS
CHAPTER 155: APPEALS
155.01 Circuit Court
Unless set forth otherwise below, all appeals from final actions taken by the City Council, Planning Commission,
Board of Adjustment, Construction Board of Adjustment and Appeals, and the Zoning and Development
Administrator shall be taken to the Circuit Court of Washington County.
(Code 1965, App. A., Art. 9(6); Ord. No. 1747, 6-29-70; Ord. No. 2323, 4-5-77; Ord. No. 2538, 7-3-79; Code 1991,
§160.175; Ord. No. 3925, §7, 10-3-95; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04))
155.02 Form/Time/Place
Unless an appeal is filed with the court, the following requirements shall be met:
(A) Form. All appeals shall be submitted in writing referencing the applicable UDC section(s) and setting out the
reasons the applicant contends the decision was in error and how the applicant is adversely impacted-.
(B) Time.
(1) Appeals. Appeals shall be submitted within ten (10) working days from the date of the final action
taken.
(2) Hearings. The entity hearing the appeal shall fix a reasonable time for hearing an appeal.
(C) Place. Appeals shall be filed with the following:
(1) City Clerk. Appeals made to the City Council shall be filed with the City Clerk.
(2) Zoning and Development Administrator. Appeals made to the Planning Commission or Board of
Adjustment shall be filed with the Zoning and Development Administrator.
(3) Building Safety Division Director. Appeals made to the -Construction Board of Adjustment and Appeals
BeaF d of Adjustment, [for inspecting purposes] shall be filed with the Building Safety Division Director.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4652, 12-07-04)
155.03 Stay
An appeal shall stay all proceedings in furtherance of the action appealed from unless the person in charge of
administration of the chapter certified that a stay would, in their opinion cause imminent peril to life or property.
(Code 1965, App. A., Art. 13(3); Ord. No. 1747, 6-29-70; Code 1991, §160.173; Ord. No. 4100, §2 (Ex. A), 6-16-98)
155.04 Council Member Appeal On Behalf Of Resident
A Council Member may bring an appeal on behalf of any resident of the city of a decision by the Planning
Commission to approve subdivision requests (plats, lot splits), and development requests (large scale
developments and large or small site improvement plans). Variances, compliance with applicable design standards,
tree preservation plans and conditions of approval for any development shall be appealed as part of the approval
or denial of a development proposal. Variances, compliance with applicable design standards, tree preservation
Fayetteville, Arkansas, Code of Ordinances Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
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plans and conditions of approval for any development not requiring approval by the Planning Commission or
administrative aaaroval by the Plannine Division may be aDDealed independently.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 6342, §1, 8-4-20)
155.05 Appeals From Planning Commission Decisions
(A) Appeals to City Council
(1) Owners of record of the property being considered may appeal a decision by the Planning Commission
to deny the following requests in accordance with the procedure set forth in §155.02:
(a) Annexation;
(b) Rezoning;
(c) Required dedication and improvements of §155.06(C);
(d) Subdivision (plats, lot splits, lot line adjustments);
(e) Development (large scale development, large and small site improvement plans);
(f) Vacations of street right-of-way.
(2) Conditions of Approval/Variances, etc. An owner of record may appeal the conditions of approval
determined by the Planning Commission and any adverse decision by the Planning Commission
concerning applicable design standards, tree preservation requirements, streamside protection
requirements and variance requests as part of the conditions of an approved development request or
the denial of such development request. Variances, compliance with applicable design standards, tree
preservation plans and conditions of approval for any development not requiring approval by the
Planning Commission or administrative approval by the Planning Division may be appealed
independently.
(3) Conditional Use Request. Three Council Members may in unison appeal a decision of the Planning
Commission approving or denying a conditional use request.
(Code 1965, §13A-40, App. C., Art. II, Art. V., §B; Ord. No. 1509, 8-8-66; Ord. No. 1750, 7-6-70; Code 1991,
§§156.017, 159.12, 159.54(F)(1), (2), 159.66; Ord. No. 3781, §1, 4-19-94; Ord. No. 3925, §6, 10-3-95; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4334, 9-4-01; Ord. No. 4340, 10-2-01; Ord. No. 6342 , §2, 8-4-20)
155.06 Appeals From Staff Interpretations And Actions
(A) Appeals to City Council.
(1) The City Engineer's decision to issue a violation notice or stop work order may be appealed to the City
Council by an owner of record of the property in question or a council member on behalf of a resident
of the city.
(2) The Development Review Manag^~'&Zoning and Development Administrator's decision to deny a
vacation of any public easement (whether constructed or not) or portion thereof may be appealed by
the owner of record of the property.
(B) Appeals to the Board of Adjustment. The following interpretations and decisions may be appealed by an
owner of record of the property in question or a council member on behalf of a resident of the city to the
Board of Adjustment:
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
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(1) Development Review 4GnGger—",,^� ngZoninp and Development Administrator. An interpretation or
decision regarding zoning matters.
(2) Building Safety Officer —Airport Zone. Any person aggrieved, or any taxpayer affected by any decision
of the Building Safety Officer, made in the administration of Airport Zone, Chapter 165.
(C) Appeals to the Planning Commission.
(1) Development Review 4Gn,.geT4Zoning and Development Administrator's Required Dedications and
Improvements.
(a) An owner or developer who is aggrieved by the requirements of the Unified Development Code
for land, right-of-way or easement dedications, construction of on -site or off -site improvements,
or payments in lieu of any dedication or improvement, which are in excess of the "rough
proportionality" of the impact of the development upon the city's infrastructure or services may
appeal such requirement to the Planning Commission as a part of the submission of the
preliminary plat, large scale development, subdivision, building permit, lot split, grading permit,
floodplain development permit, or otherwise within ten (10) days of notification of such
development requirements. The appeal must be presented to the Planning Division in writing and
state the grounds, or reasons for the appeal.
(b) The Planning Commission shall determine after public hearing whether the required dedications,
improvements, and fees meet the "rough proportionality" of the impact of the development on
city infrastructure and services. If the requirements are in excess of the "rough proportionality,"
the Planning Commission is empowered to modify or reduce such requirements to achieve
"rough proportionality."
(c) Any potential reduction of impact fees must be approved by the City Council.
(2) Administrative Approvals and Interpretations by Development Review h4anageFZoninq and
Development Administrator.
(a) A resident of the city or an owner/developer who is aggrieved by a decision of the D^v;t
Zoning and Development Administrator regarding development matters that are
approved administratively (as required by Chapter 166.02(C)) may appeal the final development
approval decision affected by this matter to the Planning Commission. The appeal shall be
submitted in writing to the Planning Division within ten (10) working days of the final decision.
The appeal shall be limited to the applicable approval or denial criteria as follows:
(i) The development plan is not submitted in accordance with the requirements of Chapter
166 of the Fayetteville Unified Development Code.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by Chapter 166 of the Fayetteville Unified Development Code.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is significant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development or preliminary plat and the developer has made no provision for extending
such service to the development.
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
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(vi) The developer refused to comply with UDC Ch. 166 pertaining to required on -site and off -
site improvements.
(b) The appellant must include in the letter of appeal the specific code section with which the
development application does not comply.
(c) The Planning Commission shall determine after public hearing whether the interpretation or
discretionary decision should be upheld or modified in part or in whole.
(d) Any staff recommendation to approve or deny some or all of a requested street right-of-way
vacation shall be considered by the Planning commission with recommendations to the City
Council.
(3) City Engineer and Flood Plain Administrator.
(a) Development Matters. An interpretation or decision of the City Engineer or Floodplain
Administrator regarding development matters, including grading, drainage, water and sanitary
sewer systems, and storm drainage systems.
(b) Floodplain Regulations. The decision of the Floodplain Administrator, provided that the Planning
Commission shall hear and decide an appeal only when it is alleged there is an error in any
requirement, decision, or determination made by the Floodplain Administrator in the
enforcement or administration of Chapter 168.
(c) Streamside Protection Zones. An interpretation or decision of the City Engineer concerning the
regulated uses, structures and activities, streamside boundary location or land use exemptions.
(4) Deveiepn9ent Review A4GnGge44Zoninq and Development Administrator's Interpretation or Decision of
Other Development Matters. An interpretation or decision of the n,,,,,,i,,.,... eRt Review M-,.,ag rZoning
and Development Administrator regarding development matters including subdivisions, large scale
developments, parking and loading, outdoor lighting, compliance with applicable design standards, or
any other development matters.
(5) Urban Forester -Landscape and Tree Preservation and Protection requirements. Decisions of the Urban
Forester related to landscape and tree preservation and protection requirements.
(D) Appeals to the Construction Board of Adjustment and Appeals. When the administrative authority under
Chapter 173 shall disapprove an application, or the applicant is aggrieved by the interpretation of the
administrative authority, the applicant may appeal the decision to the Construction Board of Adjustment and
Appeals.
(Code 1965, §17B-11.2(d), (e), App. A., Art. 10(6), 19(2), App. B, §III, App. C., Art. 10(6), 19(2), App. B, §III, App. C.,
Art. V, §A; Ord. No. 1747, 6-29-70; Ord. No. 1750, 7-6-70; Ord. No. 2109, 6-375; Ord. No. 2252, 7-6-76; Ord. No.
2538, 7-3-79; Ord. No. 2585, 12-4-79; Ord. No. 2697, 1-20-81; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-14-88;
Code 1991, §§150.03, 158.67(B), 158.68(A), (B), 159.65, 160.048, 160.172, 160.176(A), (B), 161.11, 162.03(B), (C),
163.10(D); Ord. No. 3551, 6-4-91; Ord. No.3587, §1, 1-7-92; Ord. No. 3699, §3, 4-20-93; Ord. No. 3716, §2, 6-15-93,
Ord. No. 3806, §1, 6-28-94;Ord. No. 3895, §1, 6-20-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3901, §1, 7-5-95; Ord.
No. 3925, §7, 10-3-95; Ord. No. 3963, §9, 4-16-96; Ord. No. 4100, §2 (Exh. A), 6-16-98; Ord. No. 4368, §2, 2-5-02;
Ord. No. 4377, §§1, 2, 3-5-02; Ord. No. 4652, 12-07-04; Ord. No. 5206, 12-16-08; Ord. No. 5296, 12-15-09; Ord.
5390, 3-1-11; Ord. No. 6343, §1(Exh. A), 8-4-20; Ord. No. 6446, §5, 6-15-21)
155.07 Appeals To The Housing Board -Mobile Homes And Mobile Home Parks
(A) Permit Denied. Any person whose application for a permit under Chapter 175 has been denied may request
and shall be granted a hearing on the matter before the Housing Board.
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
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UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
(B) Permit Suspended. Any person whose permit has been suspended, or who has received notice from the
enforcement officer that his permit will be suspended unless certain conditions or practices at the mobile
home park are corrected, may request and be granted a hearing on the matter before the Housing Board.
(C) Petition Deadline. When no petition for hearing shall have been filed within ten (10) days following the day
on which notice of suspension was served, such permit shall be deemed to have been automatically revoked
at the expiration of such ten (10) days.
(Code 1965, §17611.2(e); Ord. No. 2109, 6-3-75; Ord. No. 2583, 12-4-79; Ord. No. 3152, 11-19-85; Ord. No. 3153,
11-19-85; Ord. No. 3153, 11-19-85; Ord. No. 3340, 3-15-88; Code 1991, §158.67; Ord. No. 4100, §2 (Exh. A), 6-16-
98)
(Code 1965, §§13A-40, 13A-43; Ord. No. 1509, 8-8-66; Code 1991, §§156.017, 156.029; Ord. No. 4100, §2 (Exh. A),
6-16-98; Ord. No. 4652, 12-07-04).
155.08 Appeals From The Construction Board Of Adjustments And Appeals
If the Construction Board of Adjustments and Appeals refuses to extend a building permit pursuant to §173.02
(13)(8) or to issue a new building permit for property for which a building permit has expired pursuant to §173.02
(13)(8), the owner may appeal to the City Council.
(Ord. No. 5019, 5-15-07)
155.09-155.99 Reserved
Created: 2023-12-07 10:27:01 [EST]
(Supp. No. 31)
Page 5 of 5
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
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UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
166.02 Development Review Process
(A) Application Submittal
(1) Submittal. All development applications shall be submitted to the Planning Division and will be
processed for review in accordance with Planning Division operating procedures.
(B) Public Meetings. Development applications are required to be processed through the Technical Plat Review
Committee, Subdivision Committee, and Planning Commission as follows:
(1) Technical Plat Review Committee. The following development applications are required to be reviewed
by the Technical Plat Review Committee: Lot split, small site improvement plans, large site
improvement plans, large scale development, planned zoning district, preliminary plat, final plat, and
concurrent plat. After the Technical Plat Review Committee meeting staff may administratively
approve lot splits, final plats, small site improvement plans, and large site improvement plans after
review for compliance with all applicable codes subject to UDC 166.02(C).
(2) Subdivision Committee. The following development applications are required to be reviewed by the
Subdivision Committee: Large scale development, planned zoning district with development,
preliminary plat, and concurrent plat. From these applications, the Subdivision Committee may
approve only large scale developments. Large scale development applications that are subject to
administrative approval shall not be required to be reviewed by the Subdivision Committee.
(3) Planning Commission. The following development applications are required to be reviewed by the
Planning Commission. Preliminary plat, concurrent plat, and planned zoning district with development.
The Planning Commission may approve, deny, table, or approve development applications with
conditions. A planned zoning district cannot be approved by the Planning Commission, but may be
forwarded to City Council. Large scale development applications that are subject to administrative
approval shall not be required to be reviewed by the Planning Commission.
(C) Approval and Denial Criteria
(1) Administrative Approval. The following applications shall be approved administratively by the Planning
Division as long as the proposal meets all requirements of the Unified Development Code: Property line
adjustment, lot split, final plat, small site improvement plan, and large site improvement plan.
Approval by the Planning Commission for these applications is not required unless an appeal is filed in
accordance with Ch. 156 of the UDC.
(a) Reasons for Denial. The Planning Division may refuse administrative approval based on the
following criteria:
(i) Property Line Adjustment; Lot Split. The application does not comply with zoning and
development requirements including, but not limited to: Lot width, lot area, setback
requirements, buildable area, required parking, impervious surface, dedication of required
right-of-way or easements, etc., or the requested action would make an existing non-
conforming property or structure more non -conforming.
(ii) Final Plat. The conditions of approval of the preliminary plat have not been met, the
proposed plat does not meet the zoning and development requirements of the UDC,
and/or the required improvements have not been completed or guaranteed in accordance
with Fayetteville Unified Development Code Chapter 158.
(iii) Small or Large Site Improvement Plans. The Planning Division may refuse to approve a small
or large site improvement plan for any of the following reasons:
Created: 2024-06-12 09:44:49 [EST]
(Supp. No. 33)
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June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Paqe 33 of 51
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
(a) The development plan is not submitted in accordance with the requirements of
this chapter.
(b) The proposed development would violate a city ordinance, a state statute, or a
federal statute.
(c) The developer refuses to dedicate the street right-of-way, utility easements or
drainage easements required by this chapter.
(d) The proposed development would create or compound a dangerous traffic
condition. For the purpose of this section, a dangerous traffic condition shall be
construed to mean a traffic condition in which the risk of accidents involving
motor vehicles is significant due to factor such as, but not limited to, high traffic
volume, topography, or the nature of the traffic pattern.
(e) City water and sewer is not readily available to the property within the site
improvement plat area and the developer has made no provision for extending
such service to the development.
(f) The developer refused to comply with ordinance requirements or condition of
approval for on -site and off -site improvements.
(2) Subdivision Committee and Planning Commission Approval. The following applications shall be
approved by the Subdivision Committee or Planning Commission, subject to the criteria listed below:
Large scale development, preliminary plat and concurrent plat.
(a) Reasons For Denial. The Subdivision Committee or Planning Commission may refuse to approve a
large scale development, preliminary plat or concurrent plat for any of the following reasons:
(i) The plat or development plan is not submitted in accordance with the requirements of this
chapter.
(ii) The proposed development would violate a city ordinance, a state statute, or a federal
statute.
(iii) The developer refuses to dedicate the street right-of-way, utility easements or drainage
easements required by this chapter.
(iv) The proposed development would create or compound a dangerous traffic condition. For
the purpose of this section, a dangerous traffic condition shall be construed to mean a
traffic condition in which the risk of accidents involving motor vehicles is significant due to
factors such as, but not limited to, high traffic volume, topography, or the nature of the
traffic pattern.
(v) City water and sewer is not readily available to the property within the large scale
development, preliminary plat, or concurrent plat and the developer has made no
provision for extending such service to the development.
(vi) The developer refused to comply with ordinance requirements or conditions of approval
for on -site and off -site improvements.
(D) Plat Recordation or Construction Plan Approval. After obtaining approval by the appropriate governing body,
the applicant shall follow the procedures set forth below in order to record the plat or obtain construction
plan approval.
(1) Property Line Adjustment, Lot Split, Building Permit, Final Plat, Concurrent Plat. The applicant shall
submit copies of the approved plats containing all required signatures to the Planning Division for final
Created: 2024-06-12 09:44:49 [EST]
(Supp. No. 33)
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Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Paqe 34 of 51
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
approval. The plats shall be recorded by the applicant and copies of the recorded plats provided to the
Planning Division as required.
(2) Preliminary Plat Large Scale Development and Small or Large Site Improvement Plan. Receipt of the
approval authorizes the applicant to proceed with:
(a) The preparation of plans, reports and specifications in accordance with City Engineering
requirements including but not limited to:
(i) Street plans, profiles and specification accompanied by soil analyses and design
calculations;
(i i) Storm drainage plans, profiles and specifications accompanied by soil analyses and design
calculations; and
(iii) Water and sewer plans, profiles and specifications, accompanied by design calculations, to
be reviewed and approved by City Engineering.
(iv) Final site plans, landscape plans, and other plans, reports and specifications required by the
city to obtain approval.
(b) Once all approvals that are required have been obtained, the applicant may proceed with site
preparation and construction in accordance with the permitted plans.
(E) Building Permits.
(1) Before a building permit is issued the developer shall:
(a) Dedication of Right -of -Way. Dedicate right-of-way in compliance with the city's Master Street
Plan, and in compliance with the requirements for on or off -site improvements.
(b) Dedicate all easements necessary to serve the development as required by the utility providers
and the city. This may be completed by easement plat or separate easement document(s), with
approval of the Planning Division.
(c) Comply with all applicable zoning and development codes.
(d) In addition, for small site improvement plans, large site improvement plans and large scale
developments, the developer shall:
(i) Obtain approval from the appropriate governing body.
(i i) On and Off -Site Improvements. Construct or guarantee required on- and off -site
improvements in accordance with UDC Chapter 158.
(iii) Complete applicable conditions of approval.
(2) In addition to §166.02(E), before a building permit is issued for site that creates between 1,201 and
10,000 square feet of new impervious area, where a corresponding subdivision of land is not proposed,
the developer shall complete, and receive approval of, appropriate grading and drainage
documentation demonstrating compliance with UDC Chapters 169 and 170 as well as the current City
Drainage Criteria Manual per the table below. Impervious areas will be considered as existing only if
they are in place on March 3, 2021 which corresponds with the City of Fayetteville 2021 imagery.
Required Mitigation Measures and Documentation by Development Threshold
Development
Threshold
City-wide
Standard
Grading and Drainage/
Stormwater Documentation
Water Quality, Flood, and Tree
Mitigation Measures
Created: 2024-06-12 09:44:49 [EST]
(Supp. No. 33)
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Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Paqe 35 of 51
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
Level 1
< or =
Exempt from Grading and Drainage
Exempt
1,200 sf
provisions except for those still
of IA
associated with the Building Permit
process such as HHOD
Level 2
1,201—
• Completed Green Stormwater
2 or more measures from Step 1
6,000 sf
Practice (GSP) Worksheet,
of Table 2 that Reduce Runoff via
of IA
demonstrating Runoff Reduction
Better Site Design
via Better Site Design.
• 1 or more Green Stormwater
• GSP Operation & Maintenance
Practices (GSPs) measures from
(O & M) Agreement to ensure the
Step 2 of Table 2 as required to
long-term functionality of these
treat 100% of the proposed
practices.
additional impervious and gravel
areas.
• Abbreviated Tree Preservation
Plan
Level 3
6,001—
Same as Level 2.
• Same as Level 2.
10,000 sf
• As needed GSP measures from
of IA
Step 3 to further reduce runoff
referred to as extended detention
• Abbreviated Tree Preservation
Plan
(F) Completion of Development/Certificate of Occupancy. No certificate of occupancy for a large-scale
development, large site improvement plan, or small site improvement plan shall be issued, and no final plat
or concurrent plat shall be signed for recordation until the following have been completed:
(1) The requirements for on and off -site improvements have been completed, and maintenance
bonds/guarantees deposited to city specifications.
(2) An "as built" plot plan has been approved by the City Engineer (where applicable) showing:
(a) The location of all buildings and the setback distance for said buildings from street right-of-way
and adjoining property lines;
(b) The location of any freestanding signs and the setback distance of said signs from street right-of-
way and adjoining property lines;
(c) The location, number, dimensions, and surfacing of all parking spaces and of all screens or
fences;
(d) The location and size of all water, sewer, gas, electric, telephone, and television cable lines;
(e) The location and size of all stormwater features with associated drainage easements
demarcated, where applicable; and
(f) The location and quantity of existing and new impervious area on the property.
(3) The development has been inspected and approved by all applicable city divisions.
(4) All applicable conditions of approval have been completed.
Created: 2024-06-12 09:44:49 [EST]
(Supp. No. 33)
Page 4 of 5
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Paqe 36 of 51
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
(Code 1965, App. C., Art. II, §§F—H; Ord. No. 2581, 12-4-79; Code 1991, §§159.16-159.18; Ord. No. 4100, §2 (Ex.
A), 6-16-98; Ord. No. 5296, 12-15-09; Ord. No. 5653, 01-21-14; Ord. No. 6061, §2, 4-17-18; Ord. No. 6446, §8(Exh.
C), 6-15-21; Ord. No. 6539, §5(Exh. A), 3-1-22)
Created: 2024-06-12 09:44:49 [EST]
(Supp. No. 33)
Page 5 of 5
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Paqe 37 of 51
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
166.23 Urban Residential Design Standards
(A) Purposes.
(1) To protect and enhance Fayetteville's appearance, identity, and natural and economic vitality.
(2) To create appealing street scenes so that development enhances the image of the city and provides
safe, pedestrian -friendly neighborhood environments.
(3) To minimize service and parking impacts in order to preserve surrounding property values and scenic
resources that contribute to the city's economic development.
(4) To compose attractive residential facades that enhance the economic viability of and provide
compatibility with surrounding property.
(B) Applicability. All references to urban residential design standards shall include the following uses as
permitted by right or conditional use in all zoning districts:
(1) Two (2) family dwellings
(2) Three (3) and four (4) family dwellings
(3) Multi -family dwellings
(C) Site Development Standards. The following site development standards shall apply for all urban residential
development.
(1) Intent. The intent of these site development standards is to create a pedestrian -friendly streetscape.
(2) Vehicular Access/Circulation/Parking.
(a) Site access and internal circulation should promote pedestrian safety, efficiency, and
convenience and minimize conflicts between vehicles and pedestrians. Continuous circulation
shall be provided throughout the site to the greatest extent possible creating a complete,
compact, and connected transportation network both within the development and to the
surrounding neighborhood. The visual impact of parking areas should be minimized by locating
parking behind buildings and internal to the site.
(i) Garage entries and carports shall not protrude forward from the principal facade.
Driveways shall extend at least 18 feet into the property from the Master Street Plan right-
of-way to allow parking to occur without encroaching into the right-of-way.
(ii) Parking areas should be accessed by mid -block alleys whenever possible. Developments
should minimize multiple driveways and should utilize a shared access to reduce the
number of vehicle conflicts at the street.
(iii) On -street parallel parking may be provided on at least one (1) side of the street in front of
all multi -family buildings where feasible. Each on -street parking space provided along the
project frontage shall count toward the total required spaces for the development.
(3) [Reserved.]
(4) Pedestrian Circulation.
(a) Ground floor dwelling units adjacent to a public street shall have a primary pedestrian entry that
is visible from the street. This entry shall connect unobstructed to the public sidewalk where
sidewalk exists in a manner to allow occupants to access from the interior of the structure to the
city sidewalk. The connection shall match the sidewalk in material type and shall be at least 3 feet
in width unless otherwise approved by the Zoning and Development Administrator in writing. The
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
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Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Paqe 38 of 51
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
entry may be gated and shared but must occur at a spacing of no fewer than one (1) entrance for
every two (2) street level dwellings. The pedestrian connection to the street may run from the
door along the fagade of the building parallel to the street for a maximum of 12 feet from the
door before connecting directly to the public sidewalk.
(b) Urban residential projects shall incorporate pedestrian connections to adjacent residential and
commercial properties where sidewalks exist unless this requirement is otherwise waived by the
Planning Commission.
(5) Screening Requirements if Visible from the Highway/Street Right -of -Way.
(a) Mechanical and Utility Equipment. All mechanical and utility equipment located on the wall
and/or on the ground shall be screened, except for air conditioning window units. All roof
mounted utilities and mechanical equipment shall be screened by incorporating screening into
the structure utilizing materials compatible with the supporting building. Mechanical and utility
equipment over 30 inches in height shall meet building setbacks, unless located in a utility
easement.
(b) Recycling and Trash Containers. Adequate space and screening shall be provided for the
placement of recycling and trash containers in urban residential developments.
(i) Urban residential developments are required to provide adequate space to provide both
recycling and trash services for residents. The Recycling and Trash Collection Division
Director may exercise discretion in approving the dimensional size of the required
enclosure or dedicated space for servicing recycling and trash containers. Large multi-
family urban residential developments typically will be required to provide adequate space
for the placement of two (2) front-end load dumpsters that are easily accessible with a
minimum enclosure dimension of 24 feet wide and 12 feet deep.
(ii) Recycling and trash containers shall be screened by enclosures with materials that are
complementary to the principal structure, with access to the refuse containers not visible
from the public right-of-way.
(c) Screening. Screening shall mean a view obscuring fence, berm, vegetation, architectural
treatment consistent with the residential architecture, or a combination of the four of sufficient
height to prevent the view of the screened items from the public right-of-way. Vegetation shall
be planted at a density sufficient to become view obscuring within two years from the date of
planting.
(6) Fencing. The following types, height, and location of fences shall be prohibited:
(a) Razor and/or Barbed Wire. Razor and/or barbed wire fences are prohibited, unless and except
barbed wire fences are used for agricultural purposes.
(b) Chain Link. Chain link fence is prohibited if closer to the street than the front of the building.
(c) Height of Fences in Front of Buildings. Fences in the front yard area shall have a maximum height
of 42 inches subject to visibility requirements in Chapter 164.09 and 164.17.
(D) Architectural Design Standards.
(1) Intent. The intent of these building design standards is:
(a) To ensure that urban residential buildings add to the character and quality of the community,
offer a sense of security, and make a positive contribution to the life of the street.
(b) To maximize the quality, value and longevity of urban residential neighborhoods.
(c) To make housing appealing and comfortable for its inhabitants.
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 2 of 3
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Paqe 39 of 51
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH
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(2) Construction and Appearance Design Standards for Urban Residential Development.
(a) Building Form and Design.
(i) In order to provide a variety in form and design, one (1) building type may not be utilized
more than three (3) times in a development. Each building type shall be differentiated by
variations in materials, colors and roof forms.
(ii) Ancillary structures such as carports, garages, recreational buildings and storage structures
shall be designed as an integral part of the project architecture.
(iii) The following architectural elements shall be required of all principal facades that are
greater than 48 feet wide along the street frontage:
(a) Variations in materials;
(b) Insets or other relief in the wall plane;
(c) Incorporation of two or more of the following:
(1) Balconies;
(2) Bays or bay windows;
(3) Porches;
(4) Dormers;
(5) Porticoes;
(6) Turrets; or
(7) Other architectural feature approved by the Zoning Development
Administrator that meets the intent of the code.
(iv) One (1) or more of the following architectural elements shall be required of all principal
fagades that are 48 feet wide or less along the street frontage:
(a)
Balconies;
(b)
Bays or bay windows;
(c)
Porches;
(d)
Dormers;
(e)
Porticos;
(f)
Turrets; or
(g) Other architectural feature approved by the Development Review M-,.,ag r
Zoning and Development Administrator that meets the intent of the Code.
(E) Planning Commission Approval. An applicant may request approval from the Planning Commission of a
variance from the maximum requirements where unique circumstances exist and the effect will not
adversely impact adjoining or neighboring property owners. The applicant shall provide notification to
adjacent property owners prior to the date of the meeting.
(Ord. No. 5118, 3-18-08; Ord. No. 5262, 8-4-09; Ord. No. 5679, 4-15-14; Ord. No. 6170, §1, 4-2-19; Ord. No. 6357,
§§1, 2, 9-15-20; Ord. No. 6508 , §1, 11-16-21; Ord. No. 6658 , §10, 5-2-23)
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 3 of 3
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Paqe 40 of 51
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
167.04 Tree Preservation And Protection During Development
(A) Applicability. The provisions of this section shall apply to proposed developments as defined by the Unified
Development Code as follows:
(1) Large Scale Developments.
(2) Large Site Improvement Plan.
(3) Small Site Improvement Plan.
(4) Preliminary Plat.
(5) Final Plat.
(6) Concurrent Plat.
(7) Planned Zoning Districts.
(8) Parking Lots. Tree preservation requirements apply to all permit applications for the construction of
parking lots with five (5) or more spaces. An abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for permits on projects that are required to go
through the subdivision or large scale development process.
(9) Hillside/Hilltop Overlay District. Undeveloped land located within the Hillside/Hilltop Overlay District
shall submit a tree preservation plan with the preliminary plat or site plan. Single and two (2) family
residential development shall submit an abbreviated tree preservation and site plan at the time of
applying for a building permit.
(10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in
§167.04(H)(3), shall be submitted with the application for grading permits on projects that are not
required to go through the development process.
(11) Building Permits. Tree preservation requirements apply to all permit applications for developments of
greater than b-,9BA-1,200 square feet of impervious area. An abbreviated tree preservation plan, as set
forth in §167.04(H)(3), shall be submitted with the application for building permits on projects that are
not required to go through the subdivision.-G,,, large scale development, or site improvement plan
process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree
preservation plan has been submitted and approved, and the tree protection measures at the site
inspected and approved.
(12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree
preservation plan or review from Urban Forestry.
(a) Persons seeking to construct 67000 1,200-square feet or less of impervious area are specifically
exempt from the provisions of this section except when the land is located within the
Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply.
(b) Structural changes to buildings located in the Hillside/Hilltop Overlay District that do not result in
an enlargement of the building footprint or roof dripline shall not require an abbreviated tree
preservation plan.
(B) Tree Preservation Criteria. The Urban Forester shall consider the following factors, and any other relevant
information, when evaluating tree preservation plans:
(1) The desirability of preserving a tree or group of trees by reason of age, location, size, or species.
(2) Whether the design incorporates the required tree preservation priorities.
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 1 of 11
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Paqe 41 of 51
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
(3) The extent to which the area would be subject to environmental degradation due to removal of the
tree or group of trees.
(4) The impact of the reduction in tree cover on adjacent properties, the surrounding neighborhood and
the property on which the tree or group of trees is located.
(5) Whether alternative construction methods have been proposed to reduce the impact of development
on existing trees.
(6) Whether the size or shape of the lot reduces the flexibility of the design.
(7) The general health and condition of the tree or group of trees, or the presence of any disease, injury,
or hazard.
(8) The placement of the tree or group of trees in relation to utilities, structures, and the use of the
property.
(9) The need to remove the tree or group of trees for the purpose of installing, repairing, replacing, or
maintaining essential public utilities.
(10) Whether proposed roads and proposed utilities are designed in relation to the existing topography,
and routed, where possible, to avoid damage to existing canopy.
(11) Construction requirements of on -site and off -site drainage.
(12) The effects of proposed on -site mitigation or off -site alternatives.
(13) The effect other chapters of the Unified Development Code, or city policies have on the development
design.
(14) The extent to which development of the site and the enforcement of this chapter are impacted by
state and federal regulations.
(15) The impact a substantial modification or rejection of the application would have on the applicant.
*Note —The above items are not presented in any particular order of importance. The weight each is given will
depend in large part on the individual characteristics of each project.
(C) Canopy Area. In all proposed developments that are required to submit a tree preservation plan or
abbreviated tree preservation plan, trees shall be preserved as outlined in Table 1 under Percent Minimum
Canopy, unless the applicant has been approved for on -site mitigation or off -site alternatives as set forth in
§167.04(I) and (J) below. The square foot percentage of canopy area required for preservation in new
development is based on the total area of the property for which the applicant is seeking approval, less the
right-of-way and park land dedications. An applicant shall not be required to plant trees in order to reach the
percent minimum canopy requirement on land where less than the minimum exists prior to development.
Table 1
Minimum Canopy Requirements
ZONING DESIGNATIONS
PERCENT
MINIMUM
CANOPY
R-A, Residential — Agricultural (nonagricultural uses)
25%
RSF-.5, Single-family Residential —
One -Half Unit per Acre
25%
RSF-1, Single-family Residential —
One Unit per Acre
25%
RSF-2, Single-family Residential —
Two Units per Acre
20%
RSF-4, Single-family Residential —
Four Units per Acre
25%
RSF-7, Single-family Residential —
Seven Units per Acre
20%
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
Page 2 of 11
Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Paqe 42 of 51
UDC 155, 166.02, 166.23, 167.04 PROPOSED ORDINANCE - STRIKETHROUGH ADM-2024-0028
RSF-8, Single-family Residential —
Eight Units per Acre
20%
RSF-18, Single-family Residential
— Eighteen Units per Acre
20%
R-0, Residential — Office
20%
RI-12, Residential Intermediate —
Twelve Units Per Acre
20%
RI-U, Residential Intermediate —
Urban
15%
RMF-6, Multi -family Residential —
Six Units per Acre
20%
RMF-12, Multi -family Residential
— Twelve Units per Acre
20%
RMF-18, Multi -family Residential
— Eighteen Units per Acre
20%
RMF-24, Multi -family Residential
— Twenty -Four Units per Acre
20%
RMF-40, Multi -family Residential
— Forty Units per Acre
20%
NS-L, Neighborhood Services — Limited
20%
NS-G, Neighborhood Services — General
20%
C-1, Neighborhood Commercial
20%
CS, Community Services
20%
C-2, Thoroughfare Commercial
15%
UT, Urban Thoroughfare
15%
C-3, Central Business Commercial
15%
DC, Downtown Core
10%
MSC, Main Street Center
10%
DG, Downtown General
10%
NC, Neighborhood Conservation
20%
1-1, Heavy Commercial and Light Industrial
15%
1-2, General Industrial
15%
P-1, Institutional
25%
PZD, Planned Zoning District
(HHOD)
25%
(30%)
All residential zoning districts and C-1 districts within the Hillside/Hilltop Overlay District shall have their percent
minimum canopy requirements increased by 5% to a total requirement of either 30% or 25%.
(D) Prior Tree Removal.
(1) If trees have been removed below the required percent minimum canopy within the five (5) years
preceding application for a development, the site must be forested to meet the Percent Minimum
Canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for
which the applicant is seeking approval, less the right-of-way and park land dedications. The number of
trees required to be planted shall be calculated using the base density for high priority trees.
(2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees
were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of
this chapter, the additional 10% reforestation requirement shall be waived.
(E) Tree Preservation Priorities.
(1) Percent Minimum Canopy. Proposed designs must meet the percent minimum canopy requirements
for the particular zoning designation, emphasizing the preservation and protection of high priority
trees on the site. Trees in existing and not to be vacated utility easements shall not be counted toward
the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to
avoid existing canopy.
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June 24, 2024
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(2) Existing Natural Features. Each design shall consider the existing natural features of the site, the
preservation priorities for the trees, and the impact their proposed removal may have both on and off -
site.
(3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently
to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater
than or equal to an 8-inch diameter at breast height for large and medium species of trees. High
priority for small species of trees is greater than or equal to a 4-inch diameter. Low priority trees are
invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low
priority trees are less than an 8-inch diameter at breast height for larger and medium species and less
than a 4-inch diameter at breast height for smaller trees species.
(F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be located
in areas that have the least possibility of impact as public infrastructure and proposed utilities are
installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the
use and enjoyment of prospective lot owners. Residential developments requesting tree removal
below the percent minimum canopy requirement may choose either residential on -site mitigation, or
to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be
vacated utility easements shall not be counted toward the percent minimum canopy requirement, and
such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent
minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for
the development of nonresidential developments. The Urban Forester shall recommend to the
Planning Commission the option that will potentially preserve the largest amount of high priority
canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(a) Preservation Plan for Entire Development. The developer may choose to preserve the percent
minimum canopy required for the entire development. With this option, the preserved canopy
shall be located in areas that will not be impacted by future development of the individual lots.
Canopy to be preserved shall be noted on the final plat, and shall be protected as set forth in
§167.04(L) below. Should the entire percent minimum canopy requirement for the site be so
protected, the preserved canopy shall be placed in a tree preservation easement and the final
plat shall include a statement that the individual lots, as represented thereon, shall not require
separate tree preservation plans.
(b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall
delineate the area required for the construction of the infrastructure and improvements for the
development. This area should include street rights -of -way, and utility and drainage easements.
Proposed lot lines, streets, and easements shall be located to avoid placing a disproportionate
percentage of existing canopy in any one (1) proposed lot. This option shall not allow the removal
of trees during the grading of individual lots, unless shown by the developer to be essential to the
project's engineering design. The developer will be required to compensate for the canopy
removed from defined individual lots by making the appropriate payment into the Tree Escrow
Account. On all other areas of the development, the developer shall protect the existing canopy
during the construction phase in accordance with §167.05 below. The final plat shall include a
statement that the individual lots shall require separate tree preservation plans.
(3) Hillside/Hilltop Overlay District. Individual parcels or lots located within the Hillside/Hilltop Overlay
District boundary shall submit a tree preservation plan or an abbreviated tree preservation plan as set
forth in §167.04(H)(3) indicating the location of the structure and the preservation of the minimum
tree canopy requirement.
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(4) Developers have the option of creating cluster development, such as a Planned Zoning District, which
would encourage more open space and tree preservation. In this pattern of development, the trees
preserved or open space on each lot can be transferred to a larger Tree Preservation Easement instead
of individual lots required to meet minimum percent requirements. The Tree Preservation Easements
shall be clearly depicted on easement plats or final plats.
(G) Initial Review.
(1) Meeting with the Urban Forester. It is strongly recommended that prospective applicants meet with
the Urban Forester for an initial review of the proposed tree preservation plan for the site prior to
submitting a proposed development to the city. During the initial review, the Urban Forester shall
make recommendations to ensure the proposed subdivision or development complies with the
requirements of this chapter. These recommendations shall be nonbinding. However, applicants
proceed at the risk of higher costs and longer approval times due to changes required by a
noncompliant submittal should they choose not to have the initial review or to disregard the
recommendations of the Urban Forester.
(2) Confirmation. The Urban Forester shall document whether the applicant participated in the initial
review meeting in the Tree Preservation and Protection staff report given to applicants going through
the development review process. If the applicant chooses to attend an initial review meeting, the staff
report shall also document any recommendations made. The Urban Forester shall ensure that a copy of
the report or email becomes part of the permanent file for the project.
(H) Submittal of Plans. Applicants should bear in mind that all plans will be evaluated according to the tree
preservation criteria and percent minimum canopy requirements as set forth under §167.04(B) and (C).
(1) Tree Preservation Plan. On sites with existing tree canopy, the applicant shall conduct a tree
preservation analysis to determine the approximate age, health, size and species distribution of the
trees, noting each on a tree preservation plan, and clearly showing the locations and types of all
natural features on a site, including features 100 feet beyond the property lines. The tree preservation
plan shall also specifically depict the applicable preservation priority level for each tree or group of
trees on the site. The plan should include, but not be limited to, delineation of the following features as
they exist on the site:
(a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the
natural drainage patterns;
(b) The property line boundaries of the site;
(c) Soils identified according to the Unified Soil Classification System;
(d) Any significant trees, as defined in the City of Fayetteville's Tree Preservation, Protection and
Landscape Manual, existing on the site, and the location of trunks, spread of the canopy, species,
diameter at breast height (DBH), and the overall health of each significant tree;
(e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species,
average height, diameter at breast height (DBH), and general health of the trees.
(f) All existing utilities and utility easements;
(g) All features, including trees, buildings, perennial and intermittent streams and creeks that exist
on the site or within 100 feet of the limits of disturbance;
(h) Floodplains and floodways on the site;
(i) All existing rights -of -way within and surrounding the project site, including any designated trails
or bike paths; and,
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(j) Any other factors that may impact the design of the site.
(2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements,
and delineate in the tree preservation plan the trees to be retained on -site, and the measures to be
implemented for their protection. These measures shall include, but need not be limited to, fencing,
limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly
depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the
proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation,
Protection and Landscape Manual for details, examples and specific checklists. Examples can be
provided upon request to the Urban Forester.
(3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for
between b-90-1 1,201-to 10,000 square feet of impervious area that require building permits, grading,
or parking lot permits, but that do not fall under the requirements for developments required to go
through the development review process of Technical Plat Review Committee, Subdivision Committee
and or Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The
information for an abbreviated tree preservation plan may be combined with the site plan, plat
drawing, or grading plan. The applicant is expected to show the general location of all existing groups
of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all
areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective
measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be
depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before
applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville
Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants
submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor
shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated
tree preservation plan.
(4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not
met. The report shall detail the design approaches used to minimize damage to or removal of existing
canopy that were considered in arriving at the proposed design. Written justification shall be presented
as to why individual trees or canopy must be removed. The report shall also detail proposed on -site
mitigation options or off -site alternatives, as detailed below.
(5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas,
preserved trees, and the physical limits of all protective measures on site required during construction.
(6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with
removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban
Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree
preservation plans shall not be required to submit analysis report.
(7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation
Easements for the added protection of trees preserved to meet percent minimum canopy
requirements or trees planted, in those instances where such would be of mutual benefit to the
applicant and the City of Fayetteville.
(1) Request for On -Site Mitigation.
(1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum
canopy requirement must be incorporated with the applicant's tree preservation plan.
(2) Plan Requirements. The tree preservation plan must graphically represent the species and location for
all existing trees on -site. It shall also include a chart clearly stating the following information:
(a) The number of trees requested for removal;
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
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June 24, 2024
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(b) The percentage below the percent minimum canopy requirement they represent; and
(c) The species and number of trees to be planted based on the forestation requirements below.
(3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or
landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape
Manual.
(4) Forestation Requirements. The number and species of trees required for forestation shall be based
upon the quality of the canopy lost:
(a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy
required, the canopy square footage removed shall be forested at a base density of two hundred
(200), 2-inch caliper trees per acre removed.
(b) Low Priority Canopy. When removing low priority canopy below the percent minimum required,
the canopy square footage removed shall be forested at a base density of one hundred (100), 2-
inch caliper trees per acre removed.
(5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be
accomplished by forestation on a per acre basis. The base density formula used above is based on 2-
inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch
caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases,
the number of trees to be planted may be adjusted in accordance with the species table to be found in
the City of Fayetteville Tree Preservation, Protection, and Landscape Manual.
(6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars,
when available, or selected from the list of preferred tree species set forth in the City of Fayetteville
Tree Preservation, Protection and Landscape Manual. Species selection shall be based upon the
amount of space available for proper growth on the site, and must be approved by the Urban Forester.
(7) Placement of Trees. The applicant is expected to plant trees in locations on the site where the
environmental benefits of canopy cover are most likely to offset the impact of development. Trees
shall not be placed within utility easements, or in other locations where their future protection cannot
be assured.
(8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential developments
shall comply with all the provisions of §167.04(I), as well as the following:
(a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees
based on the forestation requirements as set forth at §167.04(I)(4).
(b) All plans requesting residential on -site mitigation shall include a binding three (3) year
maintenance and monitoring plan, which shall hold the applicant responsible for the health of all
planted trees.
(i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the
applicant depositing with the city an irrevocable letter of credit in an amount equal to the
estimated cost of materials and labor for all trees at the time of planting. The irrevocable
letter of credit must cover the entire three (3) year maintenance and monitoring period.
Applicant shall submit cost estimates to the Urban Forester for approval.
(ii) Upon completion of the three (3) year landscape establishment period, the Urban Forester
shall inspect the site and determine whether 90% of the trees are healthy and have a
reasonable chance of surviving to maturity. Upon such a finding, the city shall release the
letter of credit.
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
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Planning Commission
June 24, 2024
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(iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or
dead trees, or take other appropriate action as approved by the Urban Forester. If the
applicant does not take remedial steps to bring the property into compliance, the city shall
use the necessary moneys from the landscape establishment guarantee to do so.
(iv) In the event trees are injured or destroyed by natural disasters, including but not limited
to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or
through the independent actions of third parties, the applicant shall be relieved of the
responsibility of replanting the tree or trees so affected.
(c) Developers requesting mitigation trees be planted along the street right-of-way of residential
developments shall submit a landscape plan that complies with the standards outlined in the City
of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new
trees planted are of the highest quality, require low maintenance, and do not interfere with
public safety. The species of trees to be planted shall be selected from the approved street tree
species list, or be otherwise specifically approved by the Urban Forester. The applicant's
mitigation plan for planting street trees shall describe in detail the method for tracking the
development of the individual lots, which shall best ensure that required number and species of
mitigation trees are planted.
(9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Fagades).
(a) Intent. The intent is to allow previously developed sites with at least 50% existing impervious
area and limited space for planting trees to use on -site mitigation alternatives to meet the
mitigation requirements and still contribute beneficial plant materials that provide positive
ecosystem services.
(b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives to planting
trees in form -based zoning districts that allow for mixed -use and do not have a building area
maximum requirement. On -Site Mitigation Alternatives may not be utilized on sites that have
adequate space to meet landscape requirements.
(c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site alternatives must be
incorporated and submitted concurrently with the applicant's tree preservation plan.
(d) Intensive Green Roof. A green roof with 6 inches or great soil medium that can sustain plant
species with deeper root systems.
(e) Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant
species with shallow root systems.
(f) Green Fagade. A green fagade is created by growing climbing plants up and across the fagade of a
building, either from plants grown directly in the ground or a large container of at least 12 inches
of soil medium. Plants can attach directly to the building or be supported with a 12-inch by 12-
inch trellis system connected to the building.
(g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof,
intensive green roof, and green fagade in lieu of a mitigation tree shall be based from square
footage of tree canopy.
(i) The calculation for an extensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 2.5 square feet of extensive green roof.
(ii) The calculation for an intensive green roof shall be based from a ratio of 1 square foot of
tree canopy to 1.4 square feet of intensive green roof.
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
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Planning Commission
June 24, 2024
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(iii) The calculation for a green fagade shall be done based from a ratio of 1 square foot of tree
canopy to 2.5 square feet of green fagade.
(J) Request for Off -Site Alternatives.
(1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in,
and submitted concurrently with the applicant's tree preservation plan.
(2) Off -Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or
greater amount of canopy cover at a site within the city limits.
(3) Off -Site Forestation.
(a) If off -site preservation cannot be achieved, the applicant may seek approval from the Urban
Forester to plant the required number of trees on another site owned by the applicant and
located within the city limits. A tree preservation easement must be conveyed concurrently with
or prior to submission of a final plat by the applicant to the city to protect any off -site
preservation or forestation and the legal description of the tree preservation easement shall also
appear on the final plat.
(b) An applicant may plant and maintain mitigation trees needed for the applicant's development as
to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city
park or public right-of-way if expressly approved by City Council resolution. The City Council shall
seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about
the advisability of forestation of the nearby city park and may apply express conditions including
requiring irrigation to be installed and regular maintenance to be performed by the applicant.
(4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation,
off -site preservation, off -site forestation, and on -site mitigation alternatives to be considered in
descending order only if the more preferred option cannot be fully achieved. If none of these options
can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the
developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base
Density requirements which fairly represents the costs of material and labor to plant a tree. The
developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to
ensure each tree survives for that period of time. Tree planting and maintenance costs should be
reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and
maintenance for three (3) years.
(a) Developments proposed as building permits under Level 2 as outlined in §166.02(E)(2) are
eligible for contribution to the tree escrow account as an option.
(ba) Residential developments which cannot achieve the base density tree requirements through
preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the
money paid into the Tree Escrow Account to plant trees within the development along rights -of -
way, detention ponds, common areas or other areas where trees can be protected and have a
high probability of survival to a mature tree. This shall be accomplished once the development is
built out or as approved by the Urban Forester.
(cla) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to
issuance of a building permit on all commercial, industrial, or multi -family residential buildings
and prior to final plat acceptance for all residential and non-residential subdivisions.
(de) Money contributed under this section:
(i) May be used for canopy mitigation, including planting site identification, tree acquisition,
planting, and maintenance, utilizing either city staff or contract labor;
Created: 2024-04-03 16:33:57 [EST]
(Supp. No. 32)
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(ii) Shall not revert to the general fund for ongoing operations.
(ed) If it is not possible to plant trees within the development, planting locations will be sought in
appropriate sites within a 1 mile radius of where the original project is located, but if this cannot
be achieved, the moneys shall be used to plant the trees in the park quadrant in which the
development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban
forest analysis should be consulted when identifying appropriate locations to plant escrow
funded trees.
(fe) The City of Fayetteville shall refund the portion of the money contributed under this section,
including the accrued interest that has not been expended seven (7) years from the date of the
contribution. Interest shall be based on a 4% annual rate.
(gf) Refunds shall be paid to the , ^"^,^+yVhe- wade the eFlginal RtFib„tienthe present owner of
the property that was the subject of new development and against which the fee was assessed
and collected.
(hg) Notice of the right to a refund, including the amount of the refund and the procedure for
applying for and receiving the refund, shall be sent or served in writing to the applicant no later
than thirty (30) days after the date which the refund becomes due. The sending by regular mail of
the notices to the applicant shall be sufficient to satisfy the requirement of notice.
Qh) The refund shall be made on a pro rata basis, and shall be paid in full no later than ninety (90)
days after the date certain upon which the refund becomes due.
(ji) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the
applicant with written notice of those circumstances under which refunds of such fees will be
made. Failure to deliver such written notice shall not invalidate any contribution to the Tree
Escrow Account under this ordinance.
(K) Tree Preservation Plan Review Form. The Urban Forester shall use a standardized form for all
recommendations or administrative determinations made regarding an applicant's tree preservation plan.
(1) The form shall clearly indicate whether the Urban Forester is making a final administrative
determination, or a recommendation to the Planning Commission or City Council.
(2) The form shall also clearly indicate the applicant's plan is "APPROVED," "DISAPPROVED," or
"CONDITIONALLY APPROVED," and explain the reasoning therefore.
(3) A statement shall appear on the form explaining the process by which a final administrative
determination may be appealed in accordance with Chapter 155 of the Unified Development Code.
(4) The Urban Forester shall sign and date the form, and ensure that a copy becomes part of the
permanent file for the project.
(L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation
Easements.
(1) Large scale developments, large scale site improvements, and commercial preliminary plats are
required to dedicate a tree preservation easement, if any existing tree are to be preserved. The tree
preservation easement shall be the size of the minimum canopy preservation requirement, if possible.
If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate
the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement
that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors,
assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and
extent of approved tree preservation easements which shall be clearly depicted and noted on the
easement plats for large scale developments, large scale and small site improvements, commercial
Created: 2024-04-03 16:33:57 [EST]
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final plats, and any plats with a tree preservation easement. This shall be accompanied by a narrative
statement describing the nature of the protection afforded, and bearing the signature of the Urban
Forester. If it is impractical to include the actual depiction of the canopy in a tree preservation
easement on the easement plat, or final plat itself, a note cross referencing an accompanying
document shall suffice.
(2) The geographic extent and location of tree preservation easements, once recorded, may only be
modified, or abolished with the express approval of the City Council. Applicants requesting such action
shall bear the burden of proving to the City Council's satisfaction that such modification or abolition is
in the best interest of the City of Fayetteville. Such requests shall be submitted to the urban forester,
who shall ask the City Clerk to place it on the agenda of the next regularly scheduled City Council
meeting.
(3) Property owners wishing to remove diseased or dead trees from within a recorded tree preservation
easement shall seek prior approval from the Urban Forester, who shall determine if such removal is
consistent with sound arboricultural and horticultural practices, as well as the intent of this chapter.
Any tree so removed shall be replaced with a tree of like or similar species, unless the Urban Forester
determines that natural replacements of sufficient health and vigor are already present in the tree
preservation easement.
(Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §6, 4-16-96; Ord. No.
4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 4539 02-03-04; Ord. No. 4855, 4-18-06; Ord. No. 4930,
10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2-11; Ord. No. 5513, 7-17-12; Ord. No.
5773, 5-19-15; Ord. No. 5818, 10-20-15; Ord. No. 5824, §3, 11-17-15; Ord. No. 5945, §17, 1-17-17; Ord. No. 5986,
§§4(Exh. A), 5-35, 7-6-17; Ord. No. 6442 , §§1(Exh. Al), 2(Exh. B), 5(Exh. E), 6(Exh. F), 6-1-21; Ord. No. 6446,
§9(Exh. D), 6-15-21)
Created: 2024-04-03 16:33:57 [EST]
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Planning Commission
June 24, 2024
ADM-2024-0028 (AMEND UDC CHAPTERS 155, 166.02, 166.23 & 167.04)
Paqe 51 of 51
Received From: Jonathan Curth 08/01/2024 3:15 PM
To: Mayor Jordan and the City Council
From: Urban Forestry Advisory Board
113 West Mountain Street
Fayetteville, AR 72701
Subject: Administrative Item (Amend UDC Chapters 166.02, Development Review Process,
167.04 Tree Preservation and Protection): Submitted by CITY OF FAYETTEVILLE
STAFF. The request is an amendment to 166.02 and 167.04. The proposed code
changes would modify development requirements associated with tree preservation
requirements. (Originally heard with ADM-2024-0028)
Dear City Council Members and Mayor Jordan,
As a board with a primary focus on Arboricultural issues impacting the City of Fayetteville, we bring
a wealth of expertise to our advisory role. Over the past two years, we have thoroughly reviewed the
proposed code changes and believe that making projects with 1,201 square feet of new impervious
area subject to abbreviated tree preservation plans is a crucial step. If approved, we are confident
that this change will enhance our urban landscape and promote environmental stewardship.
One of the biggest challenges of urban forests is the constant threat of tree removal for
development. We understand that development is needed, but also have an acute understanding
of the importance of trees. We also know that if developers are considerate of the environment,
they can balance preservation, development, and profitability. If we continue to allow the status
quo, we will lose canopy and the ecosystem benefits from trees removed during development
activities. If we lose canopy from the development of single-family homes, duplexes, and triplexes,
we are not supporting a livable City and will look back upon our decisions with regret.
Fayetteville's natural environment is a key attraction for many who are moving to the City. If we
continue to allow a large segment of development to occur without tree preservation review, we risk
undermining our long-term economic prosperity. We cannot continue to treat trees as disposable
inanimate objects; if we do, our future will be a desolate, unlivable environment. Trees need to win
on occasion, and this would be a win for trees.
We, the Urban Forestry Advisory Board, officially advise the City Council and the Mayor to support
this code change. We stand firmly in support of our urban trees and the people of Fayetteville. Our
commitment to this cause is unwavering, and we will continue to advocate for the protection of
urban trees and to balance development and the preservation of the natural environment. This
code change will assist in striking this balance and ensuring Fayetteville is poised for responsible
growth into the future.
Respectfully,
Carlo Bertani - Chair Urban Forestry Advisory Board
Iii
OFFICE OF THE
CITY ATTORNEY
DEPARTMENTAL CORRESPONDENCE
Kit Williams
City Attorney
Blake Pennington
Senior Assistant City Attorney
Hannah Hungate
TO: Mayor Assistant City Attorney
City Council Stacy Barnes
Paralegal
FROM: Blake Pennington, Senior Assistant City Attor
DATE: August 13, 2024
RE: Council Member Stafford Amendment to Exempt Certain ADUs from
Tree Preservation Requirements
Council Member Stafford worked with our office to prepare an amendment to Item
B.1 on the agenda, which is the ordinance modifying the City's tree preservation
requirements found at § 166.02 and § 167.04 of the Unified Development Code.
Council Member Stafford's amendment would add a new subsection (C) to §
167.04(a)(12) Exemptions as follows:
"(C) A person seeking to construct an accessory dwelling unit on
property that already contains a principal dwelling with a certificate of
occupancy is specifically exempt from the provisions of this section
except when the land is located within the Hillside/Hilltop Overlay
District; then all the provisions of this ordinance shall apply."
If adopted, the new subsection would exempt from the tree preservation
requirements an ADU that is being built on a property with a primary dwelling that
has received a certificate of occupancy. This amendment would not place restrictions
on driveways, garages, porches, or decks that are constructed with the ADU.
However, if an ADU is proposed within the Hillside/Hilltop Overlay District, then
the tree preservation requirements would apply.
This amendment would not have any impact on stormwater requirements or other
zoning and development regulations that may apply to such a structure.
Form v1 52
NV\ A
itied,ia RECEIVED
Account#: NWCL5004205
Company: CITY OF FAYETTEVILLE-CLERKS OFFI AUG 2 7 2024
113 W MOUNTAIN CITY OF F A° : :. Li-
CITY
Ct FRA c r'CF
FAYETTEVILLE,AR 72701
Ad number#: 432889
PO#:
Matter of: ORD 6786
AFFIDAVIT•STATE OF ARKANSAS
l Maria Hernandez-Lopez do solemnly swear that I am the Legal Cl k of the NWA Democrat Gazette,a daily
newspaper printed and published in WASHINGTONBENTON county,Sta c of ARKANSAS;that I was so rclatcd to
this publication at and during the publication of the annexed legal adverti ent in the matter of:
ORD 6786
Pending in the court,in said County,and at the dates of the several publications of said advertisement stated below,and
that during said periods and at said dates,said newspaper was printed and h d a bona fide circulation in said County,
that said newspaper had been regularly printed and published in said coup ,and had a bona fide circulation therein for
the period of one month before the date of the first publication of said adve isement;and that said advertisement was
published in the regular daily issues of said newspaper as stated below.
And that there is due or has been paid the NWA Democrat Gazette f+publication the sum of$1,142.96.
(Includes$0.00 Affidavit Charge).
NWA Democrat Gazette 08/25/24
Legal Clerk ;•oJ•�:N\�ss�:.. F -;
State of ARKANSAS,County of Sebastian `�, OTARy •'.
Subscribed and sworn to before me on this 26th day of August,2024 -cmo Pub 1G ;U
sA':6 �L
.C?.P�
:-/`/��9�tip• # 21 ��\\\\
kZiii-Ar
N ARY PUBLIC
mopes mot be peon in anal to :o. vuv or to wooer. August 25.2024 433479 brave*Ad *,al ERTY AN0 1
within vehicle wn that Cate tone peed 479.787.6909 WEST ENO
August 25 2214 433374 1309351 august 25 2024 431062 ,ALSO SUBJE
EASEMENTS
PROPERTY
LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES LEGAL NOTICES ANT
&I person RECEIVED
least in Its
113 West Mountain Steel PaPerry Sh
Fayetteville.AR 72201 born IJ01 r
mix Notice
(4791 575t8323 WUAMer°1 A U G 2 7
Ordinance:6786 Ina title of n 2024
mle Number 2024-328
eat be cOnln
UNIFIED DEVELOPMENT CODE-CHAPTERS 166.02.167.04(AMENDMENT) 0 re Wto set
hereunto a se'
N.ORDINANCE TO AMEND 4 t b6 02 DEVELOPMENT fENEw PROCESS&1D§16%Ua TREE PRESERVATION AND PROTECTION x me Oak
OF THE UNIFIED DEVELOPMENT CODE TO MODIFY DEVELOPMENT REOiOREMENTS ASSOCLATTD WITH TREE PRESERVATION St, 01 0 CITY OF FAYETTEVILLE
REQUIREMENTS Kyle Sylve
Cie CLERKS O FF!C F
Car NOW.T)EREFORE•BE IT OROADED DV TIE Cm COUNCIL OF THE CRY OF FAYETTEVILLE.ARIIANSAS By s Cr
Section.L That the City Coiner d the City of Fayetten le Arkansas nee.repeals§166 II1E6 IIC Deveioprnent Review ProCoss Deputy Cl
rEx21 Leve 2 and enacts a new§166 021E112.Level 2 as Meows Dales M F
August 11
pared Mrhp.m Mcawm urnuw and Doomn by lac,
clupmcnl 1 cJruld m12ba 4 Au27
.lopmenl 1'r1Y.wrdc f.ndrer and lTarnaae Mawr Quinn Flood. and Trace
Sealant Suvm.00,Uacumc.aaon nim.r'an Mosu.c. PEOPI
11 I..nnyr Nam Cnad.nv anA IHurrycl.cmpl SMAL
1.Tn.1 go.namn a'.acq for Nu,cell ax vraecd YOU J
1 of IA nub lb.Bo,Wnna Pcnnrr pnwcss such as NI THE C
MICR) WASHMDTO
I.c+e12 1.201 •Curnas acdlircar lwrn.amer . ..u,mca...rs non Sngr I or ARILANSA
gnmlaf Praeuee(OSP)Workatcn late 2 Mat Reduce Runna.nr Ram NON el
PIA denimionams Runoff Iteduan.on .teens Dean ARAANSA
Bcm San Mew • I . a lac., Omni.sip wpm SER
• GAP O4t+elin.&Stanrcreac IO&P,.crrsa,.1c.SPs1 nwas0c.from one Pi1T10W
M)Aoarancm w sir.rbc k+na-ncmr_of 1 Plc: used to anal Rare. ys CASE 1
Rnrclwnai,H of n em of tic p0"I'.ns0d AMBER 51
avowos addnuw.I imecii saws arid pa..1 DEFEND&
• ADJUDICI
•Abbo,,.od 1'mae Aaxnarron Plan ORDER
1.e)1 Sant a.tr.et 2 •Came so tong 2 TO MARE
to lc&of • As rnndcd GM'rnrcawres Iran SIIP Take not.
of IA 3 w f des none runoff rckr.ed w 15.2024.a 1
1M da cac...r m n.e Arle•▪ .1
Abbe*i•r0J Ten 19,-a.r.ae..n flat Homer Sett
Court. Juno
Section 2. 1 hal the City Coned o1 the City of fayetlevlle Arkansas hereby tepees§'67 04 Tree Pr..mvabm AM Prow- to alert dicat
bon Dung Development 1AR111 and enacts a new§167 04 111,11,as"MOWS 09.17.200e
',Ong,I'e:1 r,.'. 1'er prese(/1.rellu.emelt,apply to all pent appncat0na to development of greater Inan 1200 07m2:201,7
,r,ieet or e1gw1n0tr;ales Ana0bevelee tree preservation part as set forth 1n§167 04 MN3,shall be submitted wed been such
eWc In the
the apputatw,for building polnits on protects that are not repurred to p0 through the sandmen arp 5W*development rernea.err
or site improvement Dian process Thete sea'.be no land disturbance 9radn19 or tree removal Int'an a0oevete0 tree Placement rl
ores/Pi:Pon VIA-no been submitted and appro...and the tree protection measures at the see a ywtler!and removed sitabk pert
SRl,m 3 " :'l.GAA1[11 or tlk'City 0Faye0evele Adm..hefty repeats§167.04 Tree Preamvaben And Probe- tuil(nAeon
An 450,I
Von During Development Fie 12Na1 and enacts a new§167 01 W112Na1 as follows Inds matter 1
.. :,incept I.210 square feet bless of impervious area are spoofnc0y exempt from mr Moos..0l M6 LObo 2.202
section except when me land 5 Axdted wekn the HW1Oe'HATOE Overlay Drstnct then aI the pl0vrsgns of Ms ordnance shalt ire ii 4 0 0
-
Court Juee
aOC oyans0al7.
listen k That the CM Council d be CM of Fayette/",adansas hereby repeals§167 04 Tree Pmmvagm And babe- be Pars 72
limn Owing Deeeloplrvnt MHN3,ad enacts a new§167 04,1n;3:as hem. should
be represen
`AOoevrated Tree Preservaban Plan App11ca115 requesteg approval 01*ve"pmeat pmlttts for between 1.201 to 10 IWO aann Plana��
square reel or:mpernous area that tenure balding permlts.paling or paring lot penes but mat 00 not tall order the can be feed
recuxements to,developments requiter to 90 Through the 0eve00ment rent process M Tecnncai Flat Renew Committee appear with
sloe
survi Granger a�ber nd'ur Panes)Cattlemen, prepare an wont'd RV tree preservation pan The If yq:aerie
w rn
lnramanon to an vi m abercrated tree presema5oe plan may be combined the see plan pat drawee o Panne en The You ay
ergSe
Lean lot
appear.5 expected to show the general"tabor of al existing groups al trees rndeplua sigmbcanl trees 9rd t0 cleats me Court h
depmmi the Imes M sal 0stpr9alce to include a1 areas to be graded tan on and 0hiite as well as the a0posed rotation Want)to a1
of memos Protonic measures suck as fencing inn of road pruning restnctwn or traffic arc matena5 storage Sna'be Pu•ahw
fob,yofuer
depicter] th on e pan A pretlmlrary see net sitterForester Dw rattan is nightyrlq b ofyo tetOmmprgeC before aPOtnr any the law. u Nr
above•memnnd permits The applicant shouts consult the Gty M Fayettevd*Tree Preserra50n.Protection and Landscape IAI K.P.
Manua la*tarts and speedo cheek835 Applicants submitting a0oenate0 tree preservation mans anal not De,equeed :r,..irg w
gatna uate
It,wane ar dndty55 report nor vtdll they be Iegulred to tine architects engineers o la'nC.Yapr'r%^"e_^:k]'epar me that you rn
aobreve led tree preservaton plan mother of tf
Saf0911t That one CM Council of I*City M layette/Ole.Arkansas hereby repeals§167 01 Tree Preservation And Proles- IN 0"W wx
ug M.Who
lion During Development U1141 and enacts a new§167 04 JA/'t as Memos Marty that
'1a Developments praposed as beano permds under Level 2 as Maras n§166.021E1(2,are eligible fir caerwutq t0 the signed am
tree escrow account as an op0un Arkansas De
Ibl Rev dental 0eveipments wlnr:n:runt achieve the base 0envlr tree requirements through ceeServalon 0'nl-Igator Shall OHce d Y�
Lontrlbule to Inc Tree Eu,row'Account The c shalt use the a. paid rap the bee Escrow Account to trees wain PrOnng knot
m m plantLem 1aKlwK1
the de/Apmenl along reek-°-way detenr3n p ids.common dledS or Ottce areas where trees can be protected amd have a0m dedar
ahem prob0Dllrty of wrvlval to a mature nee This Shall be aaprnMehed once the deve"mrlenl 5 D'uel ON or alb aoln/d PT child s a9a
the Mart Forester sendkant
Mart
Ill Money conmOuted n lieu M el-site me,gelioe a on-sne Megaton steet be pad firm to rasters,11 a molding Derma on *fen chip
a:commerce industrial or mulh-lantly reedent al pu110:ngs IC)Be ha:
and era 10 final pa w v5io l acceptance for all residential and'vn"resaentel bdi5 NOW.mA
ed a
'di Maley footnoted oted man Mrs sear. valve
mvry
Inn May be used la raspy rn rh m dgalwtlu0mg Vlanb .nq Orr ndenllnret tree a[gulvtaRr pannrg and m ugenealntenanrx g date
of pro
either city staff or Ionn4I eta tine the Pot
on Shall rot revert to the general turns fore tern E ongoing operations as co annd gl ten If it 5 not fossil*"pent Webs warn tea development planting rotations mil be coupe 1n a within sees w a I KYLE srI
male radius Ol where the 019001 prr0 61 a located bill H this cannot be eires„0.the maned shall be used to gam the trees aim
Arain the pad quadrat m.Ann Me Court
28 ell
coon m
Oerebpmm to
ok place.or or master!to§1670MJ an
d Data extracted from the urban forest arena's snood be r.sulled FryaIMli11[
wReer,Identifying appropriate Iwalxlne to plant escrow heeled trees By:saki
01 Tne City of Fayetteville stall refund the porter M the mom contributed under M6 sect.rlcndung the accrued interest peputy Cs
that has not been emended seven 171 years mom the dated the enl1Mae:mines'Shan fie eased on a d%annua;ate poor 08':
d'252/
Iqn Retinas seal be paid"the preeMl owner of me properly 0a;was Me sterol of new development and against which the -----
tee was aa¢ssee and collected Notice to
Nonce of P
in Notice of the right to a refund Include the amWm Of Qleraod and Me procedure"'apiffog Mr and tenon the rend scant to all,
shall 0e sent 0r sever nr*Pew"Ile applicant no ato than ouny;301 days dim the date Melt the returd b'cone9 due The 201 and :
sending by regular mar,or the notices to the applicant salt be sugoeer In satisfy the 1¢garemem d Mice fa"wmg yr
n1 The refund shall be made on a pro as Daus and shag be pair!in rnl 1n lull no Later Mannep 190:days after the date certink. x a win it ir ne
upon whch the:clad becomes duce iron on FR
01 At the time of the tontMem to the Tree Escrow Account the Urban Forester Shall prime the applicant wm1 written rxece 2924.9 00
of those circumstances under*knee refunds M such tees will De made Failure"deliver such mate-rot co era'ne.rloalydate Jlbd' Taw'
an coat''Neer to the Tree Escrow Actpnt under the ordnance' S a per:
rhs�Des Ow
Section 6:te,al Use City Coned of the Cey of Fayette/*Menses hereby repeals§t 67 W Tier Preservabmh And Proles cr,seeking
lion Dnlree b.veloomonl 1LeT I and enacts a new§167 041U11;as follows 000:the ref
'Lame(lane de4e1ODmem3 large site Improvements and commercial preliminary pats are reamed to dedcate a tree pies uauid coot
ervabon ease'nrrm e an aTHO MPSON
j existing Dales are Ir be DrpSover The tree pre5ma0rr ea5emem Sna'De ME sae M[M minimum iNDMP50N
ran0pv preservation requirement II posse*Ir Me m:mmuer tree preservation canopy 15 rot avala'4e.the apeAcan!wit not be ARKANSAS
re9ared tO Oedn[ale the mnnlum canopy presenter The applcare Wm have to cabbala a tree oeeeriaton easement Mat 6 ate'man 4
reed upon with 1'le Urban Forester In to that ar vacant s nees 9hcoes1os as9In5 o s b 'Aare 2r7
agmane v in- be
enest
1:M.sn>of pw,waw;t popery aeptAm race as In Me eyisaence and extent of ap(xwetl fret prase va0ol e3.evnmCs vain 6rd On nest
stall be clearly reacted and need on the easement pats for rarge scale developments large arc small site rmprever eets 'law,:
c0mYercer oral pats and any pats w IT a tree preserva0m easement Thy snail be aloompaned 01 a narrative statement m' nwr
*scream Me nature 0'the dec0on affedel and bell Me s1 nature of Me Lear Forester a r b sold at s'
pr ale 9 IS�mpactica'"1Mttdl Me 20t7 NAS'
aStua'1 depot tar u!the can.*n a tree preservation easement to the easement pial or tea tat rtser a rote arum raeencnng PATHFIND
an mmDanynq document shall neve' /N SN1A
1999
PASSED and APPROVED on August 20 20 COROLLA
OA
4 TO.
COR
AppoWO LJ911Eg�196M0_f$Al4 ON NAB
Attest Yraa.Paiig_n Ld1'S.St Tr41110,. 2007 LINT
vie
This publication eras pad for by the City COO-Transom of the CAT of Fayetteville Arkansas 2LMf
p 7 NI
knurl
re Pad Sr 1421,E ON MIA
August 25