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Home My WebLink AboutOrdinance 6833 Page 1 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6833 File Number: 2024-1079 PLANNING COMMISSION (SUBDIVISION COMMITTEE ELIMINATION): AN ORDINANCE TO AMEND CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES; CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS; CHAPTER 166 DEVELOPMENT; AND CHAPTER 167 TREE PRESERVATION AND PROTECTION OF THE UNIFIED DEVELOPMENT CODE TO ELIMINATE THE PLANNING COMMISSION SUBDIVISION COMMITTEE WHEREAS, on October 20, 1987, the Fayetteville Board of Directors approved Ordinance 3302 which stated that all large-scale developments must be reviewed by the Plat Review Committee and the Subdivision Committee and must be approved by the Planning Commission; and WHEREAS, in 1989 Ordinance 4099 codified the Subdivision Committee composition and duties; and WHEREAS, since January 2023 the Planning Commission’s Subdivision Committee has reviewed just over 80 projects, with some being reviewed multiple times and approximately 40% of meetings, which are held on Thursdays at 9:00 a.m., have had fewer than three commissioners in attendance; and WHEREAS, from January 2023 through August 2024, 55 projects were forwarded to the Planning Commission while only 9 projects received final approval by the Subdivision Committee; and WHEREAS, the proposal to eliminate the Subdivision Committee which was forwarded by the Planning Commission with a recommendation of approval, will streamline the development review process, support quality development review by city staff, make application timeline improvements, and recognize professional staff resources that did not exist when the Subdivision Committee was established. 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 amends § 33.111 Removal of Planning Commission by removing “unless that commissioner is currently on the Subdivision Committee” in subsection (C) and repealing subsection (D). Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 33.270 regarding the composition and membership of the Subdivision Committee. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 157.02 Development by removing “Subdivision Committee and/or” in subsection (A) and removing “at least seven (7) days prior to Subdivision Ordinance: 6833 File Number: 2024-1079 Page 2 Committee and” in subsection (2)(a) and (2)(b). Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 166.01 Development Categories by removing “Subdivision Committee” in subsection (D)(2). Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 166.02 Development Review Process by repealing subsection (B)(2) and removing all instances of “Subdivision Committee” in subsection (C)(2). Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 166.04 Required Infrastructure Improvements – Development in City Limits by removing all references to the Subdivision Committee in subsections (B)(2)(a), (B)(3)(a), (B)(3)(a)(i), and (B)(4)(a)(i) and (ii). Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends § 167.04 Tree Preservation and Protection During Development by removing the reference to Subdivision Committee in subsection (H)(3). PASSED and APPROVED on January 21, 2025 Approved: _______________________________ Molly A. Rawn, Mayor Attest: _______________________________ Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk-Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov CITY COUNCIL MEMO 2024-1079 MEETING OF JANUARY 21, 2025 TO: Mayor Rawn and City Council THRU: Jonathan Curth, Development Services Director FROM: Britin Bostick, Long Range Planning/Special Projects Manager SUBJECT: ADM-2024-0052: Administrative Item (Amend Code of Ordinances Chapter 33 – Departments, Boards, Commissions, and Authorities; UDC Chapter 157 – Notification and Public Hearings; UDC Chapter 166 – Development; and UDC Chapter 167 – Tree Preservation and Protection): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to the Code of Ordinances Chapter 33 to remove reference to Subdivision Committee, as well as amendments to UDC sections 157.02, 166.01, 166.02, and 166.04 to remove the Planning Commission’s Subdivision Committee from the public hearing and development review requirements. Amendments are proposed to section 167.04 Tree Preservation And Protection During Development to remove Subdivision Committee from the listing of public meetings for the development review process. RECOMMENDATION: City staff and the Planning Commission recommend approval of an amendment to the Code of Ordinances Chapter 33 – Departments, Boards, Commissions, And Authorities and to the Unified Development Code amending section 157.02 – Development, section 166.01 – Development Categories, section 166.02 – Development Review Process, section 166.04 – Required Infrastructure Improvements, and section 167.04 – Tree Preservation and Protection During Development. BACKGROUND: After World War II, Fayetteville experienced considerable population and land area growth from decade to decade, particularly from 1960-1970. In that decade the city’s population grew from 20,274 to 30,729, an increase of just over 50%. From 1990 to 2000 the city grew by a larger number of people, though a somewhat lower percentage – the city’s population was 42,099 in 1990 and 58,047 in 2000. Annexations in the 1960s drastically increased the land area in the city limits. At the start of 1960 Fayetteville covered approximately 4,019 acres or 6.3 square miles. By 1970 the city encompassed 18,250 acres or 28.5 square miles, an increase of more than four times the land area in just a decade. Today the city is approximately double that size, with just under 36,000 acres and 56.2 square miles of land in the city limits. Development review requirements have been revised over time in response to growth, with lessons learned captured in a series of ordinances adopted by the Fayetteville Board of Directors and now City Council. On October 20, 1987 the Fayetteville Board of Directors approved Ordinance 3302, which stated that all large scale developments must be reviewed by the Plat Review Committee and the Subdivision Committee and must be approved by the Planning Commission. The minutes for that meeting noted, “Director Hess said he has harped many times on the need for a City planner and said the Board would have access to communication immediately through a staff member being at the Planning Commission meeting.” In 1998 Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov Ordinance 4099 codified the Subdivision Committee. The role of the Subdivision Committee was not defined in ordinance, just their composition – three or more members of the Planning Commission. The Commission’s Subdivision Committee’s role and procedures are detailed in the Planning Commission’s Rules of Order and Procedure. Since January 2023 the Planning Commission’s Subdivision Committee has reviewed just over 80 projects, with some reviewed multiple times due to the application being tabled for further review. Some applications require three commissioners to vote in approval of a project, however approximately 40% of meetings have had fewer than three commissioners in attendance. Subdivision Committee meetings are held at 9:00AM on Thursdays, which can conflict with commissioner and applicant work schedules, as well as resident participation. From January 2023 through August 2024, 55 projects were forwarded to the Planning Commission while only 9 projects were approved at the Subdivision Committee meeting. The Subdivision Committee has averaged just over two applications per meeting as many application types, such as rezonings, conditional use permits, annexations, variances, and others, go straight to the Planning Commission. DISCUSSION: The purpose of this amendment is to streamline the development review process, support quality development review by city staff, make application timeline improvements, and recognize professional staff resources that did not exist when Subdivision Committee was established. At its inception and for several decades after, the Planning Commission served as the development review team for the city, with a subcommittee structure that enabled detailed discussion and review of subdivision plats, large scale developments, and other technical applications. Development review today includes a much larger group of professional staff that provide this critical review function, with the Planning Commission’s Subdivision Committee occasionally serving as an approval body but more frequently acting as a stop point in the process before an application is considered by the whole Planning Commission. While the Subdivision Committee does offer a public meeting opportunity for some development applications, the frequency with which applications are forwarded to the full Planning Commission indicates that consideration and discussion at public meetings and opportunities for public comment may be better served at the point of decision, which is the Planning Commission’s regular meetings on Monday evenings twice per month. To continue to provide consistent and prompt consideration of development applications, as well as to respond to requests from the Planning Commission for process improvements, staff views the elimination of Subdivision Committee from the codified development review process to be a beneficial step. From 2020 to 2024 the Planning Commission considered 1,065 applications for just rezonings, conditional use permits, and vacations – application types that are not reviewed by the Subdivision Committee, but that go straight to the Planning Commission. During that same time period the Planning Commission considered 261 large scale development and subdivision applications, which were not eligible for approval at Subdivision Committee if they have associated variance requests or do not meet other criteria, putting the majority of application decision making at the Planning Commission’s regular meeting. At their September 23, 2024 meeting, the Planning Commission’s Long Range Committee received a presentation by Long Range Planning staff on the proposal to eliminate Subdivision Committee. Staff offered to bring the item back to the next meeting following outreach to the development community. At their October 28, 2024 meeting the Planning Commission’s Long Range Committee considered this item again, with staff updating commissioners on possible future changes to the development review schedule and application paths. These additional changes could potentially shorten the time between application and public hearing for certain application types (rezonings, conditional use permits, etc.) and replace Subdivision Committee with a deadline for revisions to items being considered at an upcoming Planning Commission meeting. This would provide staff additional time for review of final materials and completion of staff reports and afford an opportunity to fulfill another longstanding request from Planning Commissioners to receive meeting packets Mailing address: 113 W. Mountain Street Fayetteville, AR 72701 www.fayetteville-ar.gov and staff reports further in advance of their agenda session meetings. Commissioners present at the October 24 meeting voted to forward the item to the next available Planning Commission meeting with a motion made by Commissioner Brink and a second by Commissioner Werner. A unanimous vote followed. At their December 9, 2024 meeting the Planning Commission considered the proposed amendments. They did not receive public comment on the item. However, during outreach to the development community staff received five comments in support and one comment discussing the potential merits and disadvantages of the proposal. Comments received were: • "Full support. I disliked subdivision committee as a Commissioner (it was hard to be prepared for those and the time was tough), and it always catches us by surprise in scheduling because I can never keep track which applications it goes with." • "I believe this would be a wonderful improvement to the process." • "I would support the elimination of the Subdivision Committee from the reviews listed below, and am sure many of our clients would agree! Thank you for letting us know and reaching out for feedback." • "This seems very sensible. A good solution for all parties." • "Seems reasonable to me." • "Any time we are removing a public hearing, I'm happy. However, the one potential pitfall is not having 3 commissioners who sit on the Subdivision Committee provide feedback before you get in front of the entire Planning Commission. They are a good sounding board. If you run into problems with the Subdivision Committee, then you get tabled and lose two weeks. If you run into problems with the Planning Commission because you weren't previously vetted by the Subdivision Committee, you get tabled and lose two weeks. It's likely a wash, but at least there is some benefit to skipping one hearing.” Commissioners briefly stated support for the proposal before a motion to forward the item to the City Council with a recommendation of approval was made by Commissioner Garlock with a second by Commissioner Payne. A 9-0-0 vote followed. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: SRF (#3) , Proposed Ordinance - Exhibit A (#4), Proposed Ordinance Amendment in Strikethrough (#5), Planning Commission Report (#6) Page 1 City of Fayetteville, Arkansas Legislation Text 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 File #: 2024-1079 ADM-2024-0052: Administrative Item (Amend Code of Ordinances Chapter 33 – Departments, Boards, Commissions, and Authorities; UDC Chapter 157 – Notification and Public Hearings; UDC Chapter 166 – Development; and UDC Chapter 167 – Tree Preservation and Protection): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to the Code of Ordinances Chapter 33 to remove reference to Subdivision Committee, as well as amendments to UDC sections 157.02, 166.01, 166.02, and 166.04 to remove the Planning Commission’s Subdivision Committee from the public hearing and development review requirements. Amendments are proposed to section 167.04 Tree Preservation And Protection During Development to remove Subdivision Committee from the listing of public meetings for the development review process. AN ORDINANCE TO AMEND CHAPTER 33 DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES; CHAPTER 157 NOTIFICATION AND PUBLIC HEARINGS; CHAPTER 166 DEVELOPMENT; AND CHAPTER 167 TREE PRESERVATION AND PROTECTION OF THE UNIFIED DEVELOPMENT CODE TO ELIMINATE THE PLANNING COMMISSION SUBDIVISION COMMITTEE WHEREAS, on October 20, 1987, the Fayetteville Board of Directors approved Ordinance 3302 which stated that all large-scale developments must be reviewed by the Plat Review Committee and the Subdivision Committee and must be approved by the Planning Commission; and WHEREAS, in 1989 Ordinance 4099 codified the Subdivision Committee composition and duties; and WHEREAS, since January 2023 the Planning Commission’s Subdivision Committee has reviewed just over 80 projects, with some being reviewed multiple times and approximately 40% of meetings, which are held on Thursdays at 9:00 a.m., have had fewer than three commissioners in attendance; and WHEREAS, from January 2023 through August 2024, 55 projects were forwarded to the Planning Commission while only 9 projects received final approval by the Subdivision Committee; and WHEREAS, the proposal to eliminate the Subdivision Committee which was forwarded by the Planning Commission with a recommendation of approval, will streamline the development review process, support quality development review by city staff, make application timeline improvements, and recognize professional staff resources that did not exist when the Subdivision Committee was established. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Ordinance: 6833 File Number: 2024-1079 Page 2 Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 33.111 Removal of Planning Commission by removing “unless that commissioner is currently on the Subdivision Committee” in subsection (C) and repealing subsection (D). Section 2: That the City Council of the City of Fayetteville, Arkansas hereby repeals § 33.270 regarding the composition and membership of the Subdivision Committee. Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 157.02 Development by removing “Subdivision Committee and/or” in subsection (A) and removing “at least seven (7) days prior to Subdivision Committee and” in subsection (2)(a) and (2)(b). Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 166.01 Development Categories by removing “Subdivision Committee” in subsection (D)(2). Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 166.02 Development Review Process by repealing subsection (B)(2) and removing all instances of “Subdivision Committee” in subsection (C)(2). Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 166.04 Required Infrastructure Improvements – Development in City Limits by removing all references to the Subdivision Committee in subsections (B)(2)(a), (B)(3)(a), (B)(3)(a)(i), and (B)(4)(a)(i) and (ii). Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends § 167.04 Tree Preservation and Protection During Development by removing the reference to Subdivision Committee in subsection (H)(3). City of Fayetteville Staff Review Form 2024-1079 Item ID 1/7/2025 City Council Meeting Date - Agenda Item Only N/A for Non-Agenda Item Britin Bostick 12/20/2024 LONG RANGE PLANNING (634) Submitted By Submitted Date Division / Department Action Recommendation: ADM-2024-0052: Administrative Item (Amend Code of Ordinances Chapter 33 – Departments, Boards, Commissions, and Authorities; UDC Chapter 157 – Notification and Public Hearings; UDC Chapter 166 – Development; and UDC Chapter 167 – Tree Preservation and Protection): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to the Code of Ordinances Chapter 33 to remove reference to Subdivision Committee, as well as amendments to UDC Chapters 157.02, 166.01, 166.02, and 166.04 to remove the Planning Commission’s Subdivision Committee from the public hearing and development review requirements. Amendments are proposed to section 167.04 Tree Preservation And Protection During Development to remove Subdivision Committee from the listing of public meetings for the development review process.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: Page 1 of 1 33.111 Removal Of Planning Commissioners By a vote of two‐thirds (⅔) of the City Council, any Planning Commissioner may be removed from the office for cause. Cause shall include, but not be limited to, the following: (A) Chronic discourteous behavior to other commissioners, staff, or members of the public. (B) Ongoing lack of familiarity with staff‐prepared material. (C) Planning Commissioners must attend at least 60% of agenda setting sessions and tours. If job requirements do not permit a member to attend agenda meetings or tours prior to 5:00 P.M., the meetings and tours will be scheduled for after normal working hours or such member shall be excused from the requirements of attending the agenda meetings and tours. (D) During the second quarter of each year, Planning Staff shall designate and all Planning Commissioners shall attend one (1) evening training and review session to ensure the legal and proper functioning of the Planning Commission. Page 1 of 1 157.02 Development Notification of public hearings for development applications shall occur as follows: (A) Public Hearing Required. A public hearing shall be held at the meeting of the Planning Commission, in accordance with the Unified Development Code the established bylaws of the Planning Commission. (B) Applicability. Development applications include, for the purpose of notification, preliminary plats, concurrent plats, large scale developments, variances from development requirements as listed in Section 156.03(C) and Section 156.07(A), and administrative items. If an application does not require a public hearing, notification is not required. (C) Notice of Public Hearing. For all development applications related to specific properties, the applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with separate addresses within 200 feet of the boundary line of the property on which the use is proposed. Residents with separate addresses shall be notified by first class letter addressed to the 'current resident' to each address found in the city's address point file. (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (D) Large Scale Development applications that are subject to administrative approval are exempt from the notification requirements of this code subsection, however, they are subject to and shall complete the public notification requirements for a Large Site Improvement Plan application. Page 1 of 2 166.01 Development Categories (A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines between adjoining property owners which does not create a separate, new lot. A property line adjustment is not required to dedicate new easements or right-of-way. (B) Subdivision of Land. (1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, parcels the application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster Housing Development, (C) Development Review Process, after the creation of more than four (4) lots from an original parent tract as established under Washington County's countywide 1985 reappraisal. Any subsequent subdivision of the parent or resulting tracts is required to be processed as a preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right -of-way and may be combined with an easement plat. (2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, the application shall be processed as preliminary plat. A preliminar y plat establishes the preliminary location of lot lines, streets, and utility infrastructure, and allows for the applicant to request construction plan approval and install required improvements. (3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities, street improvements, etc.) for a preliminary plat, the entity subdividing may submit an application for approval of the final plat. The final plat application may no t be submitted until the final inspection for the required infrastructure has been scheduled with City Engineering staff. (4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one (1) step. A concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when a parent or resulting tract has been subdivided three (3) or more times a nd is proposed to be further subdivided, and the existing and new parcels do not require construction of new infrastructure. (C) Site Plan. (1) Large Scale Development. A large scale development is generally intended for development on a site of 1 acre or greater in size and proposes to create more than 10,000 square feet of impervious area and where a corresponding subdivision of land is not proposed. (a) Requirement. The development of the following must be processed in accordance with the requirements for a large-scale development: (i) A site 1 acre or greater in size and creating more than 10,000 square feet of new impervious area; (ii) Facilities emitting odors or handling explosives; and (b) Excluded Developments. Developments creating less than 10,000 square feet of new impervious area or a development on a lot or parcel in a zoning district subject to administrative approval. (2) Large Site Improvement Plan. A large site improvement plan review is intended for a large scale development that is located on a site within a zoning district that permits administrative approval. A large site improvement plan is subject to the requirements and excluded developments for a large scale development listed in Fayetteville Unified Development Code §166.01(C)(1). (3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a site that is less than 1 acre in size with greater than 10,000 square feet of new impervious area. Page 2 of 2 (a) Requirement. The development of the following must be processed in accordance with the requirements for a small site improvement plan: (i) A development that is excluded from large scale development or large site improvement plan review and requires review by multiple city divisions; (ii) The creation of more than 10,000 square feet of impervious area for a development on site of less than 1 acre within any zoning district. (b) Excluded Developments. The construction of less than or equal to 10,000 square feet of new impervious area shall be exempt from the site improvement plan requirements and shall be submitted in accordance with the requirements of §166.02(E) and §166.15. (4) Concept Plan. When a developer intends to subdivide property within the city or city's planning area boundary, he/she shall submit a concept plan to obtain feedback and recommendations from city staff prior and the Planning Commission to submitting a fully engineered development plan for review. When a developer intends to develop greater than 10,000 square feet of new impervious area within the city or city's planning area boundary, they may submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered development plan for review. (D) Modifications. (1) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in an approved subdivision of land or site plan. Minor modifications shall include, but are not limited to, substitutions of one approved structural type for another, minor variati ons in placement of buildings in such a way that the overall limits of approved floor area, open space, or rooms per acre are not increased, and minor shifts in property line locations. (2) Major Modifications. In the event that a developer wishes to make major modifications to an approved development, such modifications shall be submitted to the approving body of the subdivision or site plan, whether staff, or the Planning Commission. After submission, the appr oving body shall approve or disapprove the requested modification. Page 1 of 4 166.02 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) 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: (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. Page 2 of 4 (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) Planning Commission Approval. The following applications shall be approved by the Planning Commission, subject to the criteria listed below: Large scale development, preliminary plat and concurrent plat. (a) Reasons For Denial. The 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 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; Page 3 of 4 (ii) 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. (ii) 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 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— 6,000 sf of IA • Completed Green Stormwater Practice (GSP) Worksheet, demonstrating Runoff Reduction via Better Site Design. • GSP Operation & Maintenance (O & M) Agreement to ensure the long‐term functionality of these practices. • 2 or more measures from Step 1 of Table 2 that Reduce Runoff via Better Site Design • 1 or more Green Stormwater Practices (GSPs) measures from Step 2 of Table 2 as required to treat 100% of the proposed Page 4 of 4 additional impervious and gravel areas. Level 3 6,001— 10,000 sf of IA Same as Level 2. • Same as Level 2. • As needed GSP measures from 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. Page 1 of 8 166.04 Required Infrastructure Improvements — Development In City Limits (A) Generally. Required of developer. (1) On and Off‐Site Improvements. On‐site improvements are adjacent to or within a project site; such as widening the street along the project street frontage, constructing interior streets and utilities, etc. Off‐ site improvements are not adjacent to a project; such as the extension of an off‐site sewer line to the property boundary, off‐site storm drainage improvements, or an off‐site intersection improvement, etc. (2) Standards Applicable. Any required on or off‐site improvements in the city and within one (1) mile of the city limits shall be installed according to the city's standards; provided on or off‐site improvements to roads located outside one mile of the city limits shall be installed to the county's standards. The developer shall be required to bear that portion of the cost of off‐site improvements which bears a rational nexus to the needs created by the development. (3) Required Infrastructure Improvements. On and off‐site improvements that are roughly proportional and bear a rational nexus to the impact of the development are required for all development within the City of Fayetteville. The developer shall be required to install on and off‐site improvements where the need for such improvements is created in whole or in part by the proposed development. (4) Planning Commission and Planning Division. At the time the Planning Commission or Planning Division (where applicable for administrative approval) grants development approval, the Planning Commission or Planning Division shall determine whether the proposed development creates a need for off‐site improvements and the portion of the cost of any needed off‐site improvements which the developer shall be required to bear; provided, that portion of the cost of off‐site improvements to roads located outside the city's corporate limits but within the city's planning area shall be determined by the county. In determining that portion of the cost of off‐site improvements which the developer shall be required to bear, the Planning Commission or Planning Division (where applicable for administrative approval) shall consider the acreage within the proposed development as a percentage of all the acreage which, when fully developed, will benefit from the off‐site improvements; provided, the Planning Commission or Planning Division may use a different method of measurement if it determines that use of the acreage standard will not result in the developer bearing that portion of the cost which bears a rational nexus to the needs created by the development. (5) Determining Necessity for Off‐Site Improvements. (a) When a proposed development has access to paved streets or roads only by way of substandard or unimproved roads or streets leading from the development to the paved streets or roads, the developer shall be responsible for contributing this proportionate share of the cost of improving the substandard access roads or streets to existing city or county standards. The developer's proportionate share of said costs shall be determined by the Planning Commission or Planning Division (where applicable for administrative approval) in accordance with the provisions of 166.04(A) above. (b) When a proposed development has direct access to, or fronts on an existing road or street, which is below current standards, the developer shall be responsible for contributing his/her proportionate share of the cost of improving said street or road to existing city or county standards. The Planning Commission or Planning Division (where applicable for administrative approval) shall determine the developer's proportionate share of said costs in accordance with the provisions of 166.04(A) above. (c) Off‐site drainage improvements shall be required whenever a proposed development causes the need for such improvements. Page 2 of 8 (6) Delayed Improvements. The Planning Commission or Planning Division may determine a required on‐ site or off‐site improvement shall be delayed or payment‐in‐lieu contributed instead in accordance with Chapter 158 of the UDC. (7) Variances. A variance of off‐site improvements may be granted in accordance with Chapter 156 Variances. (8) State Highways. The developer shall be required to dedicate sufficient right‐of‐way to bring those state highways which the Master Street Plan shows to abut or intersect the proposed subdivision into conformance with the right‐of‐way requirements of the Master Street Plan. The developer shall be required to install a sidewalk adjacent to that portion of a state highway abutting the proposed development; and provided that the Planning Commission or Engineering Division (where applicable for administrative approval) may waive the sidewalk requirement prescribed by this subsection upon application by the developer and a determination by the Planning Commission or Engineering Division (where applicable for administrative approval) that the topography of the proposed development where it abuts a state highway is such that installation of a sidewalk is not practical. Any other improvements required of the developer by the Planning Commission or Engineering Division (where applicable for administrative approval) shall be coordinated with the Arkansas Highway and Transportation Department. (B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for constructing the following minimum improvements. (1) Property Line Adjustment or Exempted Properties of Less Than or Equal to 1,200 Square Feet of Impervious Area. No improvements are required unless the action would create or exacerbate a nonconforming infrastructure situation such as cutting off a lot from public water, sewer, or street frontage. In such as case the property may not be filed of record until the required infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (2) Building Permit with No Required Grading Review. (a) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. The City Council retains the right to grant a lesser dedication of the right‐of‐way than is normally required by the Master Street Plan without the Planning Commission's recommendation. (b) Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. (c) Grading and Storm Drainage System. The developer shall install water quality, flood, and tree mitigation measures after approval of the corresponding grading and drainage/stormwater documentation found in §166.02(F). (i) All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the city's Drainage Criteria Manual. (3) Lot Split, Building Permit Requiring Grading Review. (a) Dedication of Right‐of‐Way. Sufficient right‐of‐way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property into conformance with the right‐of‐ way requirements of the Master Street Plan for said streets; provided, the Planning Commission may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. Page 3 of 8 (i) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, General Procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. If a lot split would create or exacerbate a nonconforming situation (such as cutting off a lot from public water, sewer, street frontage, or street access), the lot split may not be filed of record until the required easement is dedicated and/or the infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (d) Parkland Dedication. Parks fees shall be assessed for each new residential unit that is constructed on the additional lot(s) in accordance with the parkland dedication requirements outlined in Fayetteville Unified Development Code Chapter 166. Said fees shall be paid prior to issuance of a building permit for construction on the new lot. (4) Preliminary/Final/Concurrent Plat; Large Scale Development; Large or Small Site Improvement Plan. (a) Dedication of Right‐of‐Way. (i) On‐Site. Sufficient right‐of‐way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property and new streets proposed interior to the property, into conformance with the right‐of‐way requirements of the Master Street Plan for said streets, shall be approved by the Planning Commission; provided, the Planning Commission may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (ii) Council Acceptance of Streets and Alleys. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, General Procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Streets. (i) On‐Site. Widening the street adjacent to the project frontage and construction of all interior streets to meet Master Street Plan standards. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. (ii) Off‐Site. Street widening and/or new street construction off‐site may be required to address traffic impacts based on the rough proportion and rational nexus of the impacts of the project. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. Page 4 of 8 (iii) Private Street Name Signs. Where a structure is addressed on a private street or drive, the developer or property owner(s) shall be required to install, maintain, repair and replace all private street name signs. Any private street name sign existing at the time of passage of this ordinance shall be maintained, repaired and replaced as required by this section. Signs shall meet the standards of the Manual on Uniform Traffic Control Devices (MUTCD) and shall be installed at all street/drive intersections. Unless approved otherwise, all signs shall be retroreflective and utilize a white legend on a green background. (d) Curbs and Gutters. (i) On‐Site. Curbs and gutters adjacent to the project frontage according to existing city standards and specifications as adopted by the City Council. (ii) Off‐Site. Curbs and gutters off‐site may be required to address drainage and/or traffic impacts based on the rough proportion and rational nexus to impacts of the project. Curbs and gutters according to existing city standards and specifications as adopted by the City Council. (e) Traffic Signals. As determined to be needed based on the rough proportionality and rational nexus of the impacts of the development. (f) Sidewalks. (i) On‐Site. Sidewalks shall be installed along the property street frontage and along new interior streets according to existing city standards and the Master Street Plan as adopted by the City Council. (ii) Off‐Site. Sidewalks may be required to be installed off‐site based on the rough proportionality and rational nexus of the impacts of the development. (g) Streetlights. Standard 8,000 lumen streetlights (or equal alternative approved by the Planning Division) shall be installed at each intersection or cul‐de‐sac and along one side of each street or cul‐de‐sac at intervals of no more than 300 feet; provided, streetlights of higher intensity may be required at intersections with collector streets or arterial streets. Developers are encouraged to utilize high‐efficiency (LED or similar) streetlights where possible). (h) Grading and Storm Drainage System. (i) The developer shall install storm drainage facilities, including drains, sewers, catch basins, and culverts necessary for the proper drainage of all surface water. (ii) All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the city's Drainage Criteria Manual. (iii) All surface water drainage shall be transported to existing storm sewers, drainage facilities, or natural drainage ditches approved by the City Engineer. (iv) The City Engineer shall approve all drainage features. (v) Culverts and Bridges. Culverts and bridges shall be installed where needed in accordance with existing Arkansas State Highway Department standards and specifications. (i) Water Supply. (i) Accessible Public Water Supply. When an approved public water supply is reasonably accessible, the developer shall install a system of water mains and shall connect to such supply so that each lot within the subdivision or development shall be provided with a connection to said public water supply. All connections shall be approved by the City Page 5 of 8 Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (ii) Nonaccessible Public Water Supply. Where an approved public water supply is not reasonably accessible, any private water supply system proposed by the developer must be approved by the county sanitarian and the City Engineer in order to assure that the private water supply system will provide an adequate supply of potable water to every lot in the subdivision or development. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (iii) Fire Hydrants. Fire hydrants for single‐family dwellings and duplexes shall be installed so that the distance between two (2) consecutive fire hydrants does not exceed 800 feet, and no lot is more than 400 feet from a fire hydrant. Fire hydrants for apartment complexes, commercial structures, and industrial structures shall be installed so that the distance between two (2) consecutive fire hydrants does not exceed 600 feet; provided, the Fire Chief shall have the authority to require additional fire hydrants upon a determination that such additional fire hydrants are necessary to provide adequate fire protection. The Fire Chief shall develop written criteria to be applied in determining whether additional fire hydrants shall be required. (j) Sanitary Sewer System. (i) Public Sanitary Sewer Accessible. Where a public sanitary sewer is reasonably accessible, the developer shall connect with such sewer, and each lot within the subdivision or development shall be provided with a connection thereto. All connections shall be subject to the approval of the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street if possible. (ii) Public Sanitary Sewer Not Accessible. Where a subdivision, lot split, or other development is proposed to utilize either individual septic systems or an onsite wastewater treatment system the following is required: (a) Lot Splits Resulting in Lots Less Than 1.5 acres. Prior to the city stamping the lot split document for approval, a letter from the Arkansas Department of Health is required verifying approval of soil tests and that the property could be developed with a septic system. (b) Prior to the city signing a final or concurrent plat a letter from the Arkansas Department of Health is required indicating approval of the overall plan for the utilization of either onsite wastewater systems or individual septic permits. (c) Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields required by state law and water wells on‐site or off‐site within 100 feet shall be shown on all proposed subdivisions, lot splits, and development plans. (d) Community Sewage Systems. The construction of community sewage systems or decentralized sewer systems shall be prohibited within the City unless expressly permitted by resolution of the City Council. (e) Annexation of Community Sewage Systems. Where a community sewage system is annexed into the city, then the following shall apply: (1) Unconstructed Systems. The wastewater system shall be designed such that the entire collection system is a traditional‐style gravity sewer system that carries all wastewater flow to centralized treatment facilities and shall meet city standards for design construction. The system must also be designed such that there is one (1) single point of connection Page 6 of 8 from which a future gravity connection can be made to the city sanitary sewer system when the latter becomes available. This connection shall be made at the expense of the owner of the decentralized wastewater system. (2) Constructed Systems. Systems constructed prior to annexation into the city must tie to the city sanitary sewer system when a city sanitary sewer main is constructed within 300 feet of the community sewage system and such main is reasonably available to the community sewage system. This connection shall be made at the expense of the owner of the decentralized wastewater system. (k) Trail Linkages/Corridor/Easements. The developer may be required to construct a trail linkage or corridor or grant a multi‐use trail easement for trails shown on the Master Transportation Plan that abut, intersect, or traverse the project site, if it is determined that the improvements bear a rational nexus and rough proportionality to the needs created by the development. (l) Parkland Dedication. (i) Applicability. The requirements of this subsection shall apply to development that creates one (1) or more additional lots upon which residential dwelling units may be constructed and to development on an existing lot to create one (1) or ore additional residential dwelling units. (ii) Residential Development. (a) Dedication or Fee‐in‐Lieu. When a proposed residential development does not provide an area or areas for a public park based on the most recent Fayetteville Park and Recreation System Master Plan, the developer shall be required to make a reasonable dedication of land for public park facilities, or to make a reasonable equivalent contribution in lieu of dedication of land, such contribution to be used for the acquisition and development of park land that serves the subdivision or development. (b) Parks, Natural Resources and Cultural Affairs Advisory Board. Prior to the submittal of a preliminary plat, large scale development plan, or large site improvement plan the developer shall submit to the Parks, Natural Resources and Cultural Affairs Advisory Board a conceptual development plan. If land dedication is being requested by the developer, a small site improvement plan shall also be submitted to the Parks, Natural Resources and Cultural Affairs Advisory Board. (c) Planning Commission. The developer and the Parks, Natural Resources and Cultural Affairs Advisory Board shall make a joint recommendation to the Planning Commission as to the land dedication or contribution in lieu of dedication for a preliminary plat or large scale development. With the agreement of the Parks, Natural Resources and Cultural Affairs Advisory Board and developer, dedication or fee‐in‐lieu associated with small or large site improvement plans subject to administrative approval shall be accepted as a condition of approval. In the event that they are unable to agree, the developer and advisory board shall make separate recommendations to the Planning Commission who shall determine the issue. (d) Decision. If the developer proposes to dedicate land for a public park after consultation with the Parks, Natural Resources and Cultural Affairs Advisory Board which the Planning Commission determines is suitable for park purposes, Page 7 of 8 the proposed dedication shall be accepted. Upon consent and consultation with the developer and the Parks, Natural Resources and Cultural Affairs Advisory Board, a developer may dedicate a portion of the required park land dedication and make a contribution of money in lieu of land dedication for the remaining park land dedication requirement. This monetary contribution may be used to develop the park land in the development or elsewhere within the quadrant consistent with the most recent Fayetteville Parks and Recreation System Master Plan. (e) Approval. The Planning Commission's decision must be incorporated into the developer's preliminary plat or large scale development. Dedication or fee‐in‐ lieu associated with small or large site improvement plans or other plans subject to administrative approval must also be incorporated into the developer's final approval. (f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for each single‐family dwelling unit and 0.020 acres of land for each multi‐family dwelling unit. (g) Fee‐in‐Lieu formulas. A contribution in lieu of land dedication shall be made according to the following formula: $1,089.00 for each single‐family unit. $952.00 for each multi‐family unit. The Parks, Natural Resources and Cultural Affairs Department shall review the contribution formula every two (2) years and make recommendations to the City Council following such review. (h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds the requirement of this subsection, the developer shall make a written request to the Planning Commission who may grant the developer a credit equivalent to said excess. Said credit shall be applied toward the developer's obligation under this subsection for any subsequent development located in the same park quadrant. (iii) Timing of Dedication and/or Contribution. All dedications of land must be made before the city signs the final plat or issues building permits for developments that create one (1) or more additional residential dwelling unit. A final plat shall not be released for recordation until the deed for a land dedication is received. Deeded land is dedicated public park land and not subject to any right of reversion or refund. A cash contribution in lieu of required land dedication shall be payable before the city signs the final plat, or issues building permits for a development that creates one (1) or more additional residential dwelling units. With the approval of the Planning Commission a developer may pay such contribution in three (3) equal installments to be paid in full within one (1) year of final plat approval. If a developer makes a cash contribution in lieu of land dedication, the developer shall be entitled to a pro rata refund, together with the accrued interest therefrom, in the event actual density is less than the density used as the basis for the developer's contribution; provided, no refund shall be made unless application therefore is made in writing to the Zoning and Development Administrator within one (1) year from the date of final plat approval. In the event actual density is more than the density used as the basis for a dedication of land or case contribution the developer must make an additional land dedication or contribution in lieu of dedication. Page 8 of 8 (iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be required to meet the standards for lot size, bulk and area within any zoning district. Lots created for the purpose of park land dedication to serve the residents of the surrounding area shall not be subject to POA/HOA dues or other fees established for maintenance or other purposes within the neighborhood. (v) Fee‐in‐Lieu Allocation. All parkland fees received under this subsection shall be deposited in an interest bearing account. This money together with its earned interest shall be expended within five (5) calendar years of the last date of the calendar year in which it was received for the acquisition and/or development of parkland that services the subdivision or development for which the contribution in lieu of dedication was made. If this money has not been expended within the allowed period, the unexpended money together with any of its remaining earned interest shall be refunded to the present owner of the property that was the subject of the new development and against which the parkland fee was assessed and collected. (C) Other Infrastructure Improvements. Other infrastructure improvements may be required where the need for such improvements is created in whole or in part by the proposed development as determined by the City Engineer. Page 1 of 11 167.04 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 6,000 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 or large scale development 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 6,000 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. (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. Page 2 of 11 (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% RSF‐8, Single‐family Residential — Eight Units per Acre 20% RSF‐18, Single‐family Residential — Eighteen Units per Acre 20% R‐O, Residential — Office 20% Page 3 of 11 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% I‐1, Heavy Commercial and Light Industrial 15% I‐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. (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. Page 4 of 11 (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. (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 Page 5 of 11 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, (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 Page 6 of 11 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 6,001 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 and 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. (I) 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; (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. Page 7 of 11 (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. (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. Page 8 of 11 (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 Façades). (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 Façade. A green façade is created by growing climbing plants up and across the façade 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 façade 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. (iii) The calculation for a green façade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green façade. (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. Page 9 of 11 (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) 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. (b) 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. (c) 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. (d) 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. Page 10 of 11 (e) 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. (f) Refunds shall be paid to the applicant who made the original contribution. (g) 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. (h) 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. (i) 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 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. (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. Page 11 of 11 (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. Page 1 of 1 33.111 Removal Of Planning Commissioners By a vote of two‐thirds (⅔) of the City Council, any Planning Commissioner may be removed from the office for cause. Cause shall include, but not be limited to, the following: (A) Chronic discourteous behavior to other commissioners, staff, or members of the public. (B) Ongoing lack of familiarity with staff‐prepared material. (C) Planning Commissioners must attend at least 60% of agenda setting sessions and tours unless that commissioner is currently on the Subdivision Committee. If job requirements do not permit a member to attend agenda meetings or tours prior to 5:00 P.M., the meetings and tours will be scheduled for after normal working hours or such member shall be excused from the requirements of attending the agenda meetings and tours. (D) Planning Commissioners shall serve on the Subdivision Committee for one‐third (⅓) of their service on the Planning Commission when requested by the Chairman of the Planning Commission. (DE) During the second quarter of each year, Planning Staff shall designate and all Planning Commissioners shall attend one (1) evening training and review session to ensure the legal and proper functioning of the Planning Commission. ARTICLE XIV SUBDIVISION COMMITTEE Page 1 of 1 ARTICLE XIV SUBDIVISION COMMITTEE 33.270 Composition; Membership The Subdivision Committee shall consist of three (3) or more members of the Planning Commission appointed by the chairman of said commission. (Code 1965; App. A, Art. IV, §J; Ord. No. 1998, 5‐7‐74; Ord. No. 2724, 5‐19‐81; Ord. No. 2935, 8‐2‐83; Ord. No. 3302, 10‐20‐87; Code 1991, §154(3); Ord. No. 4099, 6‐16‐98) 33.2701—33.279 Reserved Page 1 of 1 157.02 Development Notification of public hearings for development applications shall occur as follows: (A) Public Hearing Required. A public hearing shall be held at the meeting of the Subdivision Committee and/or Planning Commission, in accordance with the Unified Development Code the established bylaws of the Planning Commission. (B) Applicability. Development applications include, for the purpose of notification, preliminary plats, concurrent plats, large scale developments, variances from development requirements as listed in Section 156.03(C) and Section 156.07(A), and administrative items. If an application does not require a public hearing, notification is not required. (C) Notice of Public Hearing. For all development applications related to specific properties, the applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with separate addresses within 200 feet of the boundary line of the property on which the use is proposed. Residents with separate addresses shall be notified by first class letter addressed to the 'current resident' to each address found in the city's address point file. (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided at least seven (7) days prior to Subdivision Committee and at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least seven (7) days prior to Subdivision Committee and at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (D) Large Scale Development applications that are subject to administrative approval are exempt from the notification requirements of this code subsection, however, they are subject to and shall complete the public notification requirements for a Large Site Improvement Plan application. Page 1 of 2 166.01 Development Categories (A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines between adjoining property owners which does not create a separate, new lot. A property line adjustment cannot is not required to dedicate new easements or right-of-way. (B) Subdivision of Land. (1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, parcels the application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster Housing Development, (C) Development Review Process, after the creation of more than four (4) lots from an original parent tract as established under Washington County's countywide 1985 reappraisal. Any subsequent subdivision of the parent or resulting tracts is required to be processed as a preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right -of-way and may be combined with an easement plat. (2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, the application shall be processed as preliminary plat. A preliminar y plat establishes the preliminary location of lot lines, streets, and utility infrastructure, and allows for the applicant to request construction plan approval and install required improvements. (3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities, street improvements, etc.) for a preliminary plat, the entity subdividing may submit an application for approval of the final plat. The final plat application may no t be submitted until the final inspection for the required infrastructure has been scheduled with City Engineering staff. (4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one (1) step. A concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when a parent or resulting tract has been subdivided three (3) or more times a nd is proposed to be further subdivided, and the existing and new parcels do not require construction of new infrastructure. (C) Site Plan. (1) Large Scale Development. A large scale development is generally intended for development on a site of 1 acre or greater in size and proposes to create more than 10,000 square feet of impervious area and where a corresponding subdivision of land is not proposed. (a) Requirement. The development of the following must be processed in accordance with the requirements for a large-scale development: (i) A site 1 acre or greater in size and creating more than 10,000 square feet of new impervious area; (ii) Facilities emitting odors or handling explosives; and (b) Excluded Developments. Developments creating less than 10,000 square feet of new impervious area or a development on a lot or parcel in a zoning district subject to administrative approval. (2) Large Site Improvement Plan. A large site improvement plan review is intended for a large scale development that is located on a site within a zoning district that permits administrative approval. A large site improvement plan is subject to the requirements and excluded developments for a large scale development listed in Fayetteville Unified Development Code §166.01(C)(1). (3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a site that is less than 1 acre in size with greater than 10,000 square feet of new impervious area. Page 2 of 2 (a) Requirement. The development of the following must be processed in accordance with the requirements for a small site improvement plan: (i) A development that is excluded from large scale development or large site improvement plan review and requires review by multiple city divisions; (ii) The creation of more than 10,000 square feet of impervious area for a development on site of less than 1 acre within any zoning district. (b) Excluded Developments. The construction of less than or equal to 10,000 square feet of new impervious area shall be exempt from the site improvement plan requirements and shall be submitted in accordance with the requirements of §166.02(E) and §166.15. (4) Concept Plan. When a developer intends to subdivide property within the city or city's planning area boundary, he/she shall submit a concept plan to obtain feedback and recommendations from city staff prior and the Planning Commission to submitting a fully engineered development plan for review. When a developer intends to develop greater than 10,000 square feet of new impervious area within the city or city's planning area boundary, they may submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered development plan for review. (D) Modifications. (1) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in an approved subdivision of land or site plan. Minor modifications shall include, but are not limited to, substitutions of one approved structural type for another, minor variati ons in placement of buildings in such a way that the overall limits of approved floor area, open space, or rooms per acre are not increased, and minor shifts in property line locations. (2) Major Modifications. In the event that a developer wishes to make major modifications to an approved development, such modifications shall be submitted to the approving body of the subdivision or site plan, whether staff, Subdivision Committee, or the Planning Commission. After submission, the approving body shall approve or disapprove the requested modification. Page 1 of 4 166.02 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. (23) 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: (a) The development plan is not submitted in accordance with the requirements of this chapter. Page 2 of 4 (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 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: Page 3 of 4 (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; (ii) 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. (ii) 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 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— 6,000 sf of IA • Completed Green Stormwater Practice (GSP) Worksheet, demonstrating Runoff Reduction • 2 or more measures from Step 1 of Table 2 that Reduce Runoff via Better Site Design Page 4 of 4 via Better Site Design. • GSP Operation & Maintenance (O & M) Agreement to ensure the long‐term functionality of these practices. • 1 or more Green Stormwater Practices (GSPs) measures from Step 2 of Table 2 as required to treat 100% of the proposed additional impervious and gravel areas. Level 3 6,001— 10,000 sf of IA Same as Level 2. • Same as Level 2. • As needed GSP measures from 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. Page 1 of 8 166.04 Required Infrastructure Improvements — Development In City Limits (A) Generally. Required of developer. (1) On and Off‐Site Improvements. On‐site improvements are adjacent to or within a project site; such as widening the street along the project street frontage, constructing interior streets and utilities, etc. Off‐ site improvements are not adjacent to a project; such as the extension of an off‐site sewer line to the property boundary, off‐site storm drainage improvements, or an off‐site intersection improvement, etc. (2) Standards Applicable. Any required on or off‐site improvements in the city and within one (1) mile of the city limits shall be installed according to the city's standards; provided on or off‐site improvements to roads located outside one mile of the city limits shall be installed to the county's standards. The developer shall be required to bear that portion of the cost of off‐site improvements which bears a rational nexus to the needs created by the development. (3) Required Infrastructure Improvements. On and off‐site improvements that are roughly proportional and bear a rational nexus to the impact of the development are required for all development within the City of Fayetteville. The developer shall be required to install on and off‐site improvements where the need for such improvements is created in whole or in part by the proposed development. (4) Planning Commission and Planning Division. At the time the Planning Commission or Planning Division (where applicable for administrative approval) grants development approval, the Planning Commission or Planning Division shall determine whether the proposed development creates a need for off‐site improvements and the portion of the cost of any needed off‐site improvements which the developer shall be required to bear; provided, that portion of the cost of off‐site improvements to roads located outside the city's corporate limits but within the city's planning area shall be determined by the county. In determining that portion of the cost of off‐site improvements which the developer shall be required to bear, the Planning Commission or Planning Division (where applicable for administrative approval) shall consider the acreage within the proposed development as a percentage of all the acreage which, when fully developed, will benefit from the off‐site improvements; provided, the Planning Commission or Planning Division may use a different method of measurement if it determines that use of the acreage standard will not result in the developer bearing that portion of the cost which bears a rational nexus to the needs created by the development. (5) Determining Necessity for Off‐Site Improvements. (a) When a proposed development has access to paved streets or roads only by way of substandard or unimproved roads or streets leading from the development to the paved streets or roads, the developer shall be responsible for contributing this proportionate share of the cost of improving the substandard access roads or streets to existing city or county standards. The developer's proportionate share of said costs shall be determined by the Planning Commission or Planning Division (where applicable for administrative approval) in accordance with the provisions of 166.04(A) above. (b) When a proposed development has direct access to, or fronts on an existing road or street, which is below current standards, the developer shall be responsible for contributing his/her proportionate share of the cost of improving said street or road to existing city or county standards. The Planning Commission or Planning Division (where applicable for administrative approval) shall determine the developer's proportionate share of said costs in accordance with the provisions of 166.04(A) above. (c) Off‐site drainage improvements shall be required whenever a proposed development causes the need for such improvements. Page 2 of 8 (6) Delayed Improvements. The Planning Commission or Planning Division may determine a required on‐ site or off‐site improvement shall be delayed or payment‐in‐lieu contributed instead in accordance with Chapter 158 of the UDC. (7) Variances. A variance of off‐site improvements may be granted in accordance with Chapter 156 Variances. (8) State Highways. The developer shall be required to dedicate sufficient right‐of‐way to bring those state highways which the Master Street Plan shows to abut or intersect the proposed subdivision into conformance with the right‐of‐way requirements of the Master Street Plan. The developer shall be required to install a sidewalk adjacent to that portion of a state highway abutting the proposed development; and provided that the Planning Commission or Engineering Division (where applicable for administrative approval) may waive the sidewalk requirement prescribed by this subsection upon application by the developer and a determination by the Planning Commission or Engineering Division (where applicable for administrative approval) that the topography of the proposed development where it abuts a state highway is such that installation of a sidewalk is not practical. Any other improvements required of the developer by the Planning Commission or Engineering Division (where applicable for administrative approval) shall be coordinated with the Arkansas Highway and Transportation Department. (B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for constructing the following minimum improvements. (1) Property Line Adjustment or Exempted Properties of Less Than or Equal to 1,200 Square Feet of Impervious Area. No improvements are required unless the action would create or exacerbate a nonconforming infrastructure situation such as cutting off a lot from public water, sewer, or street frontage. In such as case the property may not be filed of record until the required infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (2) Building Permit with No Required Grading Review. (a) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. The City Council retains the right to grant a lesser dedication of the right‐of‐way than is normally required by the Master Street Plan without the Subdivision Committee's or Planning Commission's recommendation. (b) Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. (c) Grading and Storm Drainage System. The developer shall install water quality, flood, and tree mitigation measures after approval of the corresponding grading and drainage/stormwater documentation found in §166.02(F). (i) All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the city's Drainage Criteria Manual. (3) Lot Split, Building Permit Requiring Grading Review. (a) Dedication of Right‐of‐Way. Sufficient right‐of‐way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property into conformance with the right‐of‐ way requirements of the Master Street Plan for said streets; provided, the Subdivision Committee or Planning Commission may recommend a lesser dedication in the event of undue Page 3 of 8 hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (i) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, General Procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. If a lot split would create or exacerbate a nonconforming situation (such as cutting off a lot from public water, sewer, street frontage, or street access), the lot split may not be filed of record until the required easement is dedicated and/or the infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (d) Parkland Dedication. Parks fees shall be assessed for each new residential unit that is constructed on the additional lot(s) in accordance with the parkland dedication requirements outlined in Fayetteville Unified Development Code Chapter 166. Said fees shall be paid prior to issuance of a building permit for construction on the new lot. (4) Preliminary/Final/Concurrent Plat; Large Scale Development; Large or Small Site Improvement Plan. (a) Dedication of Right‐of‐Way. (i) On‐Site. Sufficient right‐of‐way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property and new streets proposed interior to the property, into conformance with the right‐of‐way requirements of the Master Street Plan for said streets, shall be approved by the Planning Commission or Subdivision Committee; provided, the Planning Commission or Subdivision Committee may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (ii) Council Acceptance of Streets and Alleys. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, General Procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Streets. (i) On‐Site. Widening the street adjacent to the project frontage and construction of all interior streets to meet Master Street Plan standards. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. Page 4 of 8 (ii) Off‐Site. Street widening and/or new street construction off‐site may be required to address traffic impacts based on the rough proportion and rational nexus of the impacts of the project. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. (iii) Private Street Name Signs. Where a structure is addressed on a private street or drive, the developer or property owner(s) shall be required to install, maintain, repair and replace all private street name signs. Any private street name sign existing at the time of passage of this ordinance shall be maintained, repaired and replaced as required by this section. Signs shall meet the standards of the Manual on Uniform Traffic Control Devices (MUTCD) and shall be installed at all street/drive intersections. Unless approved otherwise, all signs shall be retroreflective and utilize a white legend on a green background. (d) Curbs and Gutters. (i) On‐Site. Curbs and gutters adjacent to the project frontage according to existing city standards and specifications as adopted by the City Council. (ii) Off‐Site. Curbs and gutters off‐site may be required to address drainage and/or traffic impacts based on the rough proportion and rational nexus to impacts of the project. Curbs and gutters according to existing city standards and specifications as adopted by the City Council. (e) Traffic Signals. As determined to be needed based on the rough proportionality and rational nexus of the impacts of the development. (f) Sidewalks. (i) On‐Site. Sidewalks shall be installed along the property street frontage and along new interior streets according to existing city standards and the Master Street Plan as adopted by the City Council. (ii) Off‐Site. Sidewalks may be required to be installed off‐site based on the rough proportionality and rational nexus of the impacts of the development. (g) Streetlights. Standard 8,000 lumen streetlights (or equal alternative approved by the Planning Division) shall be installed at each intersection or cul‐de‐sac and along one side of each street or cul‐de‐sac at intervals of no more than 300 feet; provided, streetlights of higher intensity may be required at intersections with collector streets or arterial streets. Developers are encouraged to utilize high‐efficiency (LED or similar) streetlights where possible). (h) Grading and Storm Drainage System. (i) The developer shall install storm drainage facilities, including drains, sewers, catch basins, and culverts necessary for the proper drainage of all surface water. (ii) All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the city's Drainage Criteria Manual. (iii) All surface water drainage shall be transported to existing storm sewers, drainage facilities, or natural drainage ditches approved by the City Engineer. (iv) The City Engineer shall approve all drainage features. (v) Culverts and Bridges. Culverts and bridges shall be installed where needed in accordance with existing Arkansas State Highway Department standards and specifications. (i) Water Supply. Page 5 of 8 (i) Accessible Public Water Supply. When an approved public water supply is reasonably accessible, the developer shall install a system of water mains and shall connect to such supply so that each lot within the subdivision or development shall be provided with a connection to said public water supply. All connections shall be approved by the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (ii) Nonaccessible Public Water Supply. Where an approved public water supply is not reasonably accessible, any private water supply system proposed by the developer must be approved by the county sanitarian and the City Engineer in order to assure that the private water supply system will provide an adequate supply of potable water to every lot in the subdivision or development. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (iii) Fire Hydrants. Fire hydrants for single‐family dwellings and duplexes shall be installed so that the distance between two (2) consecutive fire hydrants does not exceed 800 feet, and no lot is more than 400 feet from a fire hydrant. Fire hydrants for apartment complexes, commercial structures, and industrial structures shall be installed so that the distance between two (2) consecutive fire hydrants does not exceed 600 feet; provided, the Fire Chief shall have the authority to require additional fire hydrants upon a determination that such additional fire hydrants are necessary to provide adequate fire protection. The Fire Chief shall develop written criteria to be applied in determining whether additional fire hydrants shall be required. (j) Sanitary Sewer System. (i) Public Sanitary Sewer Accessible. Where a public sanitary sewer is reasonably accessible, the developer shall connect with such sewer, and each lot within the subdivision or development shall be provided with a connection thereto. All connections shall be subject to the approval of the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street if possible. (ii) Public Sanitary Sewer Not Accessible. Where a subdivision, lot split, or other development is proposed to utilize either individual septic systems or an onsite wastewater treatment system the following is required: (a) Lot Splits Resulting in Lots Less Than 1.5 acres. Prior to the city stamping the lot split document for approval, a letter from the Arkansas Department of Health is required verifying approval of soil tests and that the property could be developed with a septic system. (b) Prior to the city signing a final or concurrent plat a letter from the Arkansas Department of Health is required indicating approval of the overall plan for the utilization of either onsite wastewater systems or individual septic permits. (c) Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields required by state law and water wells on‐site or off‐site within 100 feet shall be shown on all proposed subdivisions, lot splits, and development plans. (d) Community Sewage Systems. The construction of community sewage systems or decentralized sewer systems shall be prohibited within the City unless expressly permitted by resolution of the City Council. (e) Annexation of Community Sewage Systems. Where a community sewage system is annexed into the city, then the following shall apply: Page 6 of 8 (1) Unconstructed Systems. The wastewater system shall be designed such that the entire collection system is a traditional‐style gravity sewer system that carries all wastewater flow to centralized treatment facilities and shall meet city standards for design construction. The system must also be designed such that there is one (1) single point of connection from which a future gravity connection can be made to the city sanitary sewer system when the latter becomes available. This connection shall be made at the expense of the owner of the decentralized wastewater system. (2) Constructed Systems. Systems constructed prior to annexation into the city must tie to the city sanitary sewer system when a city sanitary sewer main is constructed within 300 feet of the community sewage system and such main is reasonably available to the community sewage system. This connection shall be made at the expense of the owner of the decentralized wastewater system. (k) Trail Linkages/Corridor/Easements. The developer may be required to construct a trail linkage or corridor or grant a multi‐use trail easement for trails shown on the Master Transportation Plan that abut, intersect, or traverse the project site, if it is determined that the improvements bear a rational nexus and rough proportionality to the needs created by the development. (l) Parkland Dedication. (i) Applicability. The requirements of this subsection shall apply to development that creates one (1) or more additional lots upon which residential dwelling units may be constructed and to development on an existing lot to create one (1) or ore additional residential dwelling units. (ii) Residential Development. (a) Dedication or Fee‐in‐Lieu. When a proposed residential development does not provide an area or areas for a public park based on the most recent Fayetteville Park and Recreation System Master Plan, the developer shall be required to make a reasonable dedication of land for public park facilities, or to make a reasonable equivalent contribution in lieu of dedication of land, such contribution to be used for the acquisition and development of park land that serves the subdivision or development. (b) Parks, Natural Resources and Cultural Affairs Advisory Board. Prior to the submittal of a preliminary plat, large scale development plan, or large site improvement plan the developer shall submit to the Parks, Natural Resources and Cultural Affairs Advisory Board a conceptual development plan. If land dedication is being requested by the developer, a small site improvement plan shall also be submitted to the Parks, Natural Resources and Cultural Affairs Advisory Board. (c) Planning Commission. The developer and the Parks, Natural Resources and Cultural Affairs Advisory Board shall make a joint recommendation to the Planning Commission as to the land dedication or contribution in lieu of dedication for a preliminary plat or large scale development. With the agreement of the Parks, Natural Resources and Cultural Affairs Advisory Board and developer, dedication or fee‐in‐lieu associated with small or large site improvement plans subject to administrative approval shall be accepted as a condition of approval. In the event that they are unable to agree, the developer Page 7 of 8 and advisory board shall make separate recommendations to the Planning Commission who shall determine the issue. (d) Decision. If the developer proposes to dedicate land for a public park after consultation with the Parks, Natural Resources and Cultural Affairs Advisory Board which the Planning Commission determines is suitable for park purposes, the proposed dedication shall be accepted. Upon consent and consultation with the developer and the Parks, Natural Resources and Cultural Affairs Advisory Board, a developer may dedicate a portion of the required park land dedication and make a contribution of money in lieu of land dedication for the remaining park land dedication requirement. This monetary contribution may be used to develop the park land in the development or elsewhere within the quadrant consistent with the most recent Fayetteville Parks and Recreation System Master Plan. (e) Approval. The Planning Commission's decision must be incorporated into the developer's preliminary plat or large scale development. Dedication or fee‐in‐ lieu associated with small or large site improvement plans or other plans subject to administrative approval must also be incorporated into the developer's final approval. (f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for each single‐family dwelling unit and 0.020 acres of land for each multi‐family dwelling unit. (g) Fee‐in‐Lieu formulas. A contribution in lieu of land dedication shall be made according to the following formula: $1,089.00 for each single‐family unit. $952.00 for each multi‐family unit. The Parks, Natural Resources and Cultural Affairs Department shall review the contribution formula every two (2) years and make recommendations to the City Council following such review. (h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds the requirement of this subsection, the developer shall make a written request to the Planning Commission who may grant the developer a credit equivalent to said excess. Said credit shall be applied toward the developer's obligation under this subsection for any subsequent development located in the same park quadrant. (iii) Timing of Dedication and/or Contribution. All dedications of land must be made before the city signs the final plat or issues building permits for developments that create one (1) or more additional residential dwelling unit. A final plat shall not be released for recordation until the deed for a land dedication is received. Deeded land is dedicated public park land and not subject to any right of reversion or refund. A cash contribution in lieu of required land dedication shall be payable before the city signs the final plat, or issues building permits for a development that creates one (1) or more additional residential dwelling units. With the approval of the Planning Commission a developer may pay such contribution in three (3) equal installments to be paid in full within one (1) year of final plat approval. If a developer makes a cash contribution in lieu of land dedication, the developer shall be entitled to a pro rata refund, together with the accrued interest therefrom, in the event actual density is less than the density used as the basis for the developer's contribution; provided, no refund shall be made unless application therefore is made in Page 8 of 8 writing to the Zoning and Development Administrator within one (1) year from the date of final plat approval. In the event actual density is more than the density used as the basis for a dedication of land or case contribution the developer must make an additional land dedication or contribution in lieu of dedication. (iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be required to meet the standards for lot size, bulk and area within any zoning district. Lots created for the purpose of park land dedication to serve the residents of the surrounding area shall not be subject to POA/HOA dues or other fees established for maintenance or other purposes within the neighborhood. (v) Fee‐in‐Lieu Allocation. All parkland fees received under this subsection shall be deposited in an interest bearing account. This money together with its earned interest shall be expended within five (5) calendar years of the last date of the calendar year in which it was received for the acquisition and/or development of parkland that services the subdivision or development for which the contribution in lieu of dedication was made. If this money has not been expended within the allowed period, the unexpended money together with any of its remaining earned interest shall be refunded to the present owner of the property that was the subject of the new development and against which the parkland fee was assessed and collected. (C) Other Infrastructure Improvements. Other infrastructure improvements may be required where the need for such improvements is created in whole or in part by the proposed development as determined by the City Engineer. Page 1 of 11 167.04 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 6,000 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 or large scale development 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 6,000 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. (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. Page 2 of 11 (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% RSF‐8, Single‐family Residential — Eight Units per Acre 20% RSF‐18, Single‐family Residential — Eighteen Units per Acre 20% R‐O, Residential — Office 20% Page 3 of 11 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% I‐1, Heavy Commercial and Light Industrial 15% I‐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. (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. Page 4 of 11 (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. (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 Page 5 of 11 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, (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 Page 6 of 11 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 6,001 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 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. (I) 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; (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. Page 7 of 11 (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. (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. Page 8 of 11 (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 Façades). (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 Façade. A green façade is created by growing climbing plants up and across the façade 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 façade 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. (iii) The calculation for a green façade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green façade. (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. Page 9 of 11 (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) 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. (b) 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. (c) 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. (d) 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. Page 10 of 11 (e) 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. (f) Refunds shall be paid to the applicant who made the original contribution. (g) 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. (h) 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. (i) 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 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. (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. Page 11 of 11 (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. TO: Fayetteville Planning Commission FROM: Long Range Planning Committee Britin Bostick, Long Range Planning/Special Projects Manager MEETING DATE: December 9, 2024 SUBJECT: ADM-2024-0052: Administrative Item (Amend Code of Ordinances Chapter 33 – Departments, Boards, Commissions, and Authorities; UDC Chapter 157 – Notification and Public Hearings; UDC Chapter 166 – Development; and UDC Chapter 167 – Tree Preservation and Protection): Submitted by CITY OF FAYETTEVILLE STAFF. The request is an amendment to the Code of Ordinances Chapter 33 to remove reference to Subdivision Committee, as well as amendments to UDC Chapters 157.02, 166.01, 166.02, and 166.04 to remove the Planning Commission’s Subdivision Committee from the public hearing and development review requirements. Amendments are proposed to section 167.04 Tree Preservation And Protection During Development to remove Subdivision Committee from the listing of public meetings for the development review process. RECOMMENDATION: Staff recommends forwarding ADM-2024-0052 to the City Council with a recommendation of approval. RECOMMENDED MOTION: “I move to forward ADM-2024-0052 to the City Council with a recommendation of approval.” BACKGROUND: Post World War II Fayetteville experienced considerable population and land area growth from decade to decade, particularly from 1960-1970. In that decade the city’s population grew from 20,274 to 30,729, an increase of just over 50%. From 1990 to 2000 the city grew by a larger number of people, though a somewhat lower percentage – the city’s population was 42,099 in 1990 and 58,047 in 2000. Land annexations in the 1960s drastically increased the land area in the city limits. At the start of 1960 Fayetteville covered approximately 4,019 acres or 6.3 square miles. By 1970 the city encompassed 18,250 acres or 28.5 square miles, an increase of more than four times the land area in just a decade. Today the city is approximately double that size, with just under 36,000 acres and 56.2 square miles of land in the city limits. Development review requirements were revised in response to growth, with lessons learned captured in a series of ordinances adopted by the Fayetteville Board of Directors (now City Council) over those decades of growth. In 1974, large scale developments had to be approved by the Board of Directors prior to the issuance of a building permit, although the plans were first submitted to the Planning Commission. Ordinance 1998 from that year identified a Street Superintendent and a City Engineer in city staff roles. On October 20, 1987 the Fayetteville Board of Directors approved Ordinance 3302, which stated that all large scale developments must be reviewed by the Plat Review Committee and the Subdivision Committee and must be approved by the Planning Commission. In the minutes for that meeting, it was noted that “Director Hess said he has harped many times on the need for a City planner and said the Board would have access to communication immediately through a staff member being at the Planning Commission meeting.” In 1998 Ordinance 4099 codified the role of both a Plat Review Committee and a Subdivision Committee. Plat Review Committee listed city staff roles and utility representatives for committee membership, including an Inspection Superintendent, Street Superintendent, City Engineer, Fire Chief, Traffic Superintendent, City Planner, and City Planning Consultant. The duties of the committee were to advise the developer of technical problems, recommended solutions to such problems, and outline mandatory requirements. The role of the Subdivision Committee was not defined in ordinance, just their composition – three or more members of the Planning Commission. The Commission’s Subdivision Committee’s role and procedures are detailed in the Planning Commission’s Rules of Order and Procedure. In today’s development review process, the Plat Review Committee meets at the Tech Plat meeting, a public meeting held approximately two weeks following the submittal of development applications. Development Review staff, which includes Building Safety, Engineering, the Fire Marshal, Urban Forestry, Solid Waste, and Planning, provide technical comments and feedback prior to an application going forward to the Planning Commission for consideration. Franchise utility providers also issue comments that are provided to project applicants. Since January 2023 the Planning Commission’s Subdivision Committee has reviewed just over 80 projects, with some reviewed multiple times due to the application being tabled for further review. Some applications require three commissioners to vote in approval of a project, however approximately 40% of meetings have had fewer than three commissioners in attendance. Subdivision Committee meetings are held at 9:00am on Thursdays, which may conflict with both commissioner and applicant work schedules. From January 2023 through August 2024, 55 projects were forwarded to the Planning Commission while only 9 projects were approved at the Subdivision Committee meeting. The Subdivision Committee has averaged just over two applications per meeting, as many application types such as rezonings, conditional use permits, annexations, variances, and others go straight to the Planning Commission. DISCUSSION: The purpose of this amendment is to streamline the development review process, support quality development review by city staff, make application timeline improvements, and recognize professional staff resources that did not exist when Subdivision Committee was established. At its inception and for several decades after, the Planning Commission served as the development review team for the city, with a subcommittee structure that enabled detailed discussion and review of subdivision plats, large scale developments, and other technical applications. Development review today includes a much larger group of professional staff that provide this critical review function, with the Planning Commission’s Subdivision Committee occasionally serving as an approval body but more frequently acting as a stop point in the process before an application is considered by the whole Planning Commission. While the Subdivision Committee does offer a public meeting opportunity for some development applications, the frequency with which applications are forwarded to the full Planning Commission indicates that consideration and discussion at public meetings and opportunities for public comment may be better served at the point of decision, which is the Planning Commission’s regular meetings on Monday evenings twice per month. To continue to provide consistent and prompt consideration of development applications while maintaining or in some cases improving the development application review schedule, as well as to respond to requests from the Planning Commission for process improvements, staff views the elimination of Subdivision Committee from the development review process required by the Unified Development Code to be an important step. The added benefits of improving the timeline for several application types, which staff anticipates to be available once this change is fully approved, have benefits to the development community as well, and staff received strong support from customers during outreach on the proposed changes in the weeks leading up to the public hearing. From 2020-October 2024 the Planning Commission considered 1,051 applications for just rezonings, conditional use permits, and vacations. With a two-week timeline improvement for consideration of those application types, the benefit to the city’s customers overall is measured in years. While development application numbers remain high for Development Services, the timing of staff review for these applications types has been carefully assessed, with items of a legislative nature deemed appropriate for more prompt consideration, while technical items (subdivision plats, large scale developments, etc.) typically need additional review, feedback, and revisions and are more appropriately reviewed through the current six week timeline. At their September 23, 2024 meeting the Planning Commission’s Long Range Committee received a presentation by Long Range Planning staff on the proposal to eliminate Subdivision Committee in response to a longstanding request to look at how that might be accomplished. Staff laid out the two text changes that would be required, one being an ordinance to remove Subdivision Committee from both the listing of city boards, commissions, and committees and one to the Commission’s Bylaws. Staff offered to bring the item back to the next meeting following outreach to the development community. At their October 28, 2024 meeting the Planning Commission’s Long Range Committee considered this item again, with staff updating commissioners on proposed additional changes to the development review schedule and application paths. These additional changes could potentially shorten the time between application and public hearing for certain application types (rezonings, conditional use permits, etc.) and replace Subdivision Committee with a deadline for revisions to items being considered at an upcoming Planning Commission meeting. This would provide staff additional time for review of final materials and completion of staff reports and afford an opportunity to fulfill another longstanding request from Planning Commissioners to receive meeting packets including staff reports further in advance of their agenda session meetings. Commissioners present at the October 24 meeting voted to forward the item to the next available Planning Commission meeting with a motion made by Commissioner Brink and a second by Commissioner Werner. A unanimous vote followed. PLANNING COMMISSION ACTION: Required YES Date: December 9, 2024 ❒ Tabled ❒ Forwarded ❒ Denied Motion: Second: Vote: BUDGET/STAFF IMPACT: None Attachments: • §33.111, Removal of Planning Commissioners, Strikethrough • §33.270, Article XIV Subdivision Committee, Strikethrough • §157.02, Development, Strikethrough • §166.01, Development Categories, Strikethrough • §166.02, Development Review Process, Strikethrough • §166.04, Required Infrastructure Improvements – Development In City Limits, Strikethrough • §167.04, Tree Preservation and Protection During Development, Strikethrough • §33.111, Removal of Planning Commissioners, Clean • §157.02, Development, Clean • §166.01, Development Categories, Clean • §166.02, Development Review Process, Clean • §166.04, Required Infrastructure Improvements – Development In City Limits, Clean • §167.04, Tree Preservation and Protection During Development, Clean Page 1 of 1 33.111 Removal Of Planning Commissioners By a vote of two‐thirds (⅔) of the City Council, any Planning Commissioner may be removed from the office for cause. Cause shall include, but not be limited to, the following: (A) Chronic discourteous behavior to other commissioners, staff, or members of the public. (B) Ongoing lack of familiarity with staff‐prepared material. (C) Planning Commissioners must attend at least 60% of agenda setting sessions and tours unless that commissioner is currently on the Subdivision Committee. If job requirements do not permit a member to attend agenda meetings or tours prior to 5:00 P.M., the meetings and tours will be scheduled for after normal working hours or such member shall be excused from the requirements of attending the agenda meetings and tours. (D) Planning Commissioners shall serve on the Subdivision Committee for one‐third (⅓) of their service on the Planning Commission when requested by the Chairman of the Planning Commission. (DE) During the second quarter of each year, Planning Staff shall designate and all Planning Commissioners shall attend one (1) evening training and review session to ensure the legal and proper functioning of the Planning Commission. ARTICLE XIV SUBDIVISION COMMITTEE Page 1 of 1 ARTICLE XIV SUBDIVISION COMMITTEE 33.270 Composition; Membership The Subdivision Committee shall consist of three (3) or more members of the Planning Commission appointed by the chairman of said commission. (Code 1965; App. A, Art. IV, §J; Ord. No. 1998, 5‐7‐74; Ord. No. 2724, 5‐19‐81; Ord. No. 2935, 8‐2‐83; Ord. No. 3302, 10‐20‐87; Code 1991, §154(3); Ord. No. 4099, 6‐16‐98) 33.2701—33.279 Reserved Page 1 of 1 157.02 Development Notification of public hearings for development applications shall occur as follows: (A) Public Hearing Required. A public hearing shall be held at the meeting of the Subdivision Committee and/or Planning Commission, in accordance with the Unified Development Code the established bylaws of the Planning Commission. (B) Applicability. Development applications include, for the purpose of notification, preliminary plats, concurrent plats, large scale developments, variances from development requirements as listed in Section 156.03(C) and Section 156.07(A), and administrative items. If an application does not require a public hearing, notification is not required. (C) Notice of Public Hearing. For all development applications related to specific properties, the applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with separate addresses within 200 feet of the boundary line of the property on which the use is proposed. Residents with separate addresses shall be notified by first class letter addressed to the 'current resident' to each address found in the city's address point file. (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided at least seven (7) days prior to Subdivision Committee and at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least seven (7) days prior to Subdivision Committee and at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (D) Large Scale Development applications that are subject to administrative approval are exempt from the notification requirements of this code subsection, however, they are subject to and shall complete the public notification requirements for a Large Site Improvement Plan application. Page 1 of 2 166.01 Development Categories (A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines between adjoining property owners which does not create a separate, new lot. A property line adjustment cannot is not required to dedicate new easements or right-of-way. (B) Subdivision of Land. (1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, parcels the application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster Housing Development, (C) Development Review Process, after the creation of more than four (4) lots from an original parent tract as established under Washington County's countywide 1985 reappraisal. Any subsequent subdivision of the parent or resulting tracts is required to be processed as a preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right -of-way and may be combined with an easement plat. (2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, the application shall be processed as preliminary plat. A preliminar y plat establishes the preliminary location of lot lines, streets, and utility infrastructure, and allows for the applicant to request construction plan approval and install required improvements. (3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities, street improvements, etc.) for a preliminary plat, the entity subdividing may submit an application for approval of the final plat. The final plat application may no t be submitted until the final inspection for the required infrastructure has been scheduled with City Engineering staff. (4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one (1) step. A concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when a parent or resulting tract has been subdivided three (3) or more times a nd is proposed to be further subdivided, and the existing and new parcels do not require construction of new infrastructure. (C) Site Plan. (1) Large Scale Development. A large scale development is generally intended for development on a site of 1 acre or greater in size and proposes to create more than 10,000 square feet of impervious area and where a corresponding subdivision of land is not proposed. (a) Requirement. The development of the following must be processed in accordance with the requirements for a large-scale development: (i) A site 1 acre or greater in size and creating more than 10,000 square feet of new impervious area; (ii) Facilities emitting odors or handling explosives; and (b) Excluded Developments. Developments creating less than 10,000 square feet of new impervious area or a development on a lot or parcel in a zoning district subject to administrative approval. (2) Large Site Improvement Plan. A large site improvement plan review is intended for a large scale development that is located on a site within a zoning district that permits administrative approval. A large site improvement plan is subject to the requirements and excluded developments for a large scale development listed in Fayetteville Unified Development Code §166.01(C)(1). (3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a site that is less than 1 acre in size with greater than 10,000 square feet of new impervious area. Page 2 of 2 (a) Requirement. The development of the following must be processed in accordance with the requirements for a small site improvement plan: (i) A development that is excluded from large scale development or large site improvement plan review and requires review by multiple city divisions; (ii) The creation of more than 10,000 square feet of impervious area for a development on site of less than 1 acre within any zoning district. (b) Excluded Developments. The construction of less than or equal to 10,000 square feet of new impervious area shall be exempt from the site improvement plan requirements and shall be submitted in accordance with the requirements of §166.02(E) and §166.15. (4) Concept Plan. When a developer intends to subdivide property within the city or city's planning area boundary, he/she shall submit a concept plan to obtain feedback and recommendations from city staff prior and the Planning Commission to submitting a fully engineered development plan for review. When a developer intends to develop greater than 10,000 square feet of new impervious area within the city or city's planning area boundary, they may submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered development plan for review. (D) Modifications. (1) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in an approved subdivision of land or site plan. Minor modifications shall include, but are not limited to, substitutions of one approved structural type for another, minor variati ons in placement of buildings in such a way that the overall limits of approved floor area, open space, or rooms per acre are not increased, and minor shifts in property line locations. (2) Major Modifications. In the event that a developer wishes to make major modifications to an approved development, such modifications shall be submitted to the approving body of the subdivision or site plan, whether staff, Subdivision Committee, or the Planning Commission. After submission, the approving body shall approve or disapprove the requested modification. Page 1 of 4 166.02 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. (23) 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: (a) The development plan is not submitted in accordance with the requirements of this chapter. Page 2 of 4 (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 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: Page 3 of 4 (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; (ii) 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. (ii) 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 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— 6,000 sf of IA • Completed Green Stormwater Practice (GSP) Worksheet, demonstrating Runoff Reduction • 2 or more measures from Step 1 of Table 2 that Reduce Runoff via Better Site Design Page 4 of 4 via Better Site Design. • GSP Operation & Maintenance (O & M) Agreement to ensure the long‐term functionality of these practices. • 1 or more Green Stormwater Practices (GSPs) measures from Step 2 of Table 2 as required to treat 100% of the proposed additional impervious and gravel areas. Level 3 6,001— 10,000 sf of IA Same as Level 2. • Same as Level 2. • As needed GSP measures from 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. Page 1 of 8 166.04 Required Infrastructure Improvements — Development In City Limits (A) Generally. Required of developer. (1) On and Off‐Site Improvements. On‐site improvements are adjacent to or within a project site; such as widening the street along the project street frontage, constructing interior streets and utilities, etc. Off‐ site improvements are not adjacent to a project; such as the extension of an off‐site sewer line to the property boundary, off‐site storm drainage improvements, or an off‐site intersection improvement, etc. (2) Standards Applicable. Any required on or off‐site improvements in the city and within one (1) mile of the city limits shall be installed according to the city's standards; provided on or off‐site improvements to roads located outside one mile of the city limits shall be installed to the county's standards. The developer shall be required to bear that portion of the cost of off‐site improvements which bears a rational nexus to the needs created by the development. (3) Required Infrastructure Improvements. On and off‐site improvements that are roughly proportional and bear a rational nexus to the impact of the development are required for all development within the City of Fayetteville. The developer shall be required to install on and off‐site improvements where the need for such improvements is created in whole or in part by the proposed development. (4) Planning Commission and Planning Division. At the time the Planning Commission or Planning Division (where applicable for administrative approval) grants development approval, the Planning Commission or Planning Division shall determine whether the proposed development creates a need for off‐site improvements and the portion of the cost of any needed off‐site improvements which the developer shall be required to bear; provided, that portion of the cost of off‐site improvements to roads located outside the city's corporate limits but within the city's planning area shall be determined by the county. In determining that portion of the cost of off‐site improvements which the developer shall be required to bear, the Planning Commission or Planning Division (where applicable for administrative approval) shall consider the acreage within the proposed development as a percentage of all the acreage which, when fully developed, will benefit from the off‐site improvements; provided, the Planning Commission or Planning Division may use a different method of measurement if it determines that use of the acreage standard will not result in the developer bearing that portion of the cost which bears a rational nexus to the needs created by the development. (5) Determining Necessity for Off‐Site Improvements. (a) When a proposed development has access to paved streets or roads only by way of substandard or unimproved roads or streets leading from the development to the paved streets or roads, the developer shall be responsible for contributing this proportionate share of the cost of improving the substandard access roads or streets to existing city or county standards. The developer's proportionate share of said costs shall be determined by the Planning Commission or Planning Division (where applicable for administrative approval) in accordance with the provisions of 166.04(A) above. (b) When a proposed development has direct access to, or fronts on an existing road or street, which is below current standards, the developer shall be responsible for contributing his/her proportionate share of the cost of improving said street or road to existing city or county standards. The Planning Commission or Planning Division (where applicable for administrative approval) shall determine the developer's proportionate share of said costs in accordance with the provisions of 166.04(A) above. (c) Off‐site drainage improvements shall be required whenever a proposed development causes the need for such improvements. Page 2 of 8 (6) Delayed Improvements. The Planning Commission or Planning Division may determine a required on‐ site or off‐site improvement shall be delayed or payment‐in‐lieu contributed instead in accordance with Chapter 158 of the UDC. (7) Variances. A variance of off‐site improvements may be granted in accordance with Chapter 156 Variances. (8) State Highways. The developer shall be required to dedicate sufficient right‐of‐way to bring those state highways which the Master Street Plan shows to abut or intersect the proposed subdivision into conformance with the right‐of‐way requirements of the Master Street Plan. The developer shall be required to install a sidewalk adjacent to that portion of a state highway abutting the proposed development; and provided that the Planning Commission or Engineering Division (where applicable for administrative approval) may waive the sidewalk requirement prescribed by this subsection upon application by the developer and a determination by the Planning Commission or Engineering Division (where applicable for administrative approval) that the topography of the proposed development where it abuts a state highway is such that installation of a sidewalk is not practical. Any other improvements required of the developer by the Planning Commission or Engineering Division (where applicable for administrative approval) shall be coordinated with the Arkansas Highway and Transportation Department. (B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for constructing the following minimum improvements. (1) Property Line Adjustment or Exempted Properties of Less Than or Equal to 1,200 Square Feet of Impervious Area. No improvements are required unless the action would create or exacerbate a nonconforming infrastructure situation such as cutting off a lot from public water, sewer, or street frontage. In such as case the property may not be filed of record until the required infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (2) Building Permit with No Required Grading Review. (a) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. The City Council retains the right to grant a lesser dedication of the right‐of‐way than is normally required by the Master Street Plan without the Subdivision Committee's or Planning Commission's recommendation. (b) Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. (c) Grading and Storm Drainage System. The developer shall install water quality, flood, and tree mitigation measures after approval of the corresponding grading and drainage/stormwater documentation found in §166.02(F). (i) All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the city's Drainage Criteria Manual. (3) Lot Split, Building Permit Requiring Grading Review. (a) Dedication of Right‐of‐Way. Sufficient right‐of‐way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property into conformance with the right‐of‐ way requirements of the Master Street Plan for said streets; provided, the Subdivision Committee or Planning Commission may recommend a lesser dedication in the event of undue Page 3 of 8 hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (i) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, General Procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. If a lot split would create or exacerbate a nonconforming situation (such as cutting off a lot from public water, sewer, street frontage, or street access), the lot split may not be filed of record until the required easement is dedicated and/or the infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (d) Parkland Dedication. Parks fees shall be assessed for each new residential unit that is constructed on the additional lot(s) in accordance with the parkland dedication requirements outlined in Fayetteville Unified Development Code Chapter 166. Said fees shall be paid prior to issuance of a building permit for construction on the new lot. (4) Preliminary/Final/Concurrent Plat; Large Scale Development; Large or Small Site Improvement Plan. (a) Dedication of Right‐of‐Way. (i) On‐Site. Sufficient right‐of‐way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property and new streets proposed interior to the property, into conformance with the right‐of‐way requirements of the Master Street Plan for said streets, shall be approved by the Planning Commission or Subdivision Committee; provided, the Planning Commission or Subdivision Committee may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (ii) Council Acceptance of Streets and Alleys. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission/Subdivision Committee. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission/Subdivision Committee. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, General Procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Streets. (i) On‐Site. Widening the street adjacent to the project frontage and construction of all interior streets to meet Master Street Plan standards. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. Page 4 of 8 (ii) Off‐Site. Street widening and/or new street construction off‐site may be required to address traffic impacts based on the rough proportion and rational nexus of the impacts of the project. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. (iii) Private Street Name Signs. Where a structure is addressed on a private street or drive, the developer or property owner(s) shall be required to install, maintain, repair and replace all private street name signs. Any private street name sign existing at the time of passage of this ordinance shall be maintained, repaired and replaced as required by this section. Signs shall meet the standards of the Manual on Uniform Traffic Control Devices (MUTCD) and shall be installed at all street/drive intersections. Unless approved otherwise, all signs shall be retroreflective and utilize a white legend on a green background. (d) Curbs and Gutters. (i) On‐Site. Curbs and gutters adjacent to the project frontage according to existing city standards and specifications as adopted by the City Council. (ii) Off‐Site. Curbs and gutters off‐site may be required to address drainage and/or traffic impacts based on the rough proportion and rational nexus to impacts of the project. Curbs and gutters according to existing city standards and specifications as adopted by the City Council. (e) Traffic Signals. As determined to be needed based on the rough proportionality and rational nexus of the impacts of the development. (f) Sidewalks. (i) On‐Site. Sidewalks shall be installed along the property street frontage and along new interior streets according to existing city standards and the Master Street Plan as adopted by the City Council. (ii) Off‐Site. Sidewalks may be required to be installed off‐site based on the rough proportionality and rational nexus of the impacts of the development. (g) Streetlights. Standard 8,000 lumen streetlights (or equal alternative approved by the Planning Division) shall be installed at each intersection or cul‐de‐sac and along one side of each street or cul‐de‐sac at intervals of no more than 300 feet; provided, streetlights of higher intensity may be required at intersections with collector streets or arterial streets. Developers are encouraged to utilize high‐efficiency (LED or similar) streetlights where possible). (h) Grading and Storm Drainage System. (i) The developer shall install storm drainage facilities, including drains, sewers, catch basins, and culverts necessary for the proper drainage of all surface water. (ii) All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the city's Drainage Criteria Manual. (iii) All surface water drainage shall be transported to existing storm sewers, drainage facilities, or natural drainage ditches approved by the City Engineer. (iv) The City Engineer shall approve all drainage features. (v) Culverts and Bridges. Culverts and bridges shall be installed where needed in accordance with existing Arkansas State Highway Department standards and specifications. (i) Water Supply. Page 5 of 8 (i) Accessible Public Water Supply. When an approved public water supply is reasonably accessible, the developer shall install a system of water mains and shall connect to such supply so that each lot within the subdivision or development shall be provided with a connection to said public water supply. All connections shall be approved by the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (ii) Nonaccessible Public Water Supply. Where an approved public water supply is not reasonably accessible, any private water supply system proposed by the developer must be approved by the county sanitarian and the City Engineer in order to assure that the private water supply system will provide an adequate supply of potable water to every lot in the subdivision or development. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (iii) Fire Hydrants. Fire hydrants for single‐family dwellings and duplexes shall be installed so that the distance between two (2) consecutive fire hydrants does not exceed 800 feet, and no lot is more than 400 feet from a fire hydrant. Fire hydrants for apartment complexes, commercial structures, and industrial structures shall be installed so that the distance between two (2) consecutive fire hydrants does not exceed 600 feet; provided, the Fire Chief shall have the authority to require additional fire hydrants upon a determination that such additional fire hydrants are necessary to provide adequate fire protection. The Fire Chief shall develop written criteria to be applied in determining whether additional fire hydrants shall be required. (j) Sanitary Sewer System. (i) Public Sanitary Sewer Accessible. Where a public sanitary sewer is reasonably accessible, the developer shall connect with such sewer, and each lot within the subdivision or development shall be provided with a connection thereto. All connections shall be subject to the approval of the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street if possible. (ii) Public Sanitary Sewer Not Accessible. Where a subdivision, lot split, or other development is proposed to utilize either individual septic systems or an onsite wastewater treatment system the following is required: (a) Lot Splits Resulting in Lots Less Than 1.5 acres. Prior to the city stamping the lot split document for approval, a letter from the Arkansas Department of Health is required verifying approval of soil tests and that the property could be developed with a septic system. (b) Prior to the city signing a final or concurrent plat a letter from the Arkansas Department of Health is required indicating approval of the overall plan for the utilization of either onsite wastewater systems or individual septic permits. (c) Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields required by state law and water wells on‐site or off‐site within 100 feet shall be shown on all proposed subdivisions, lot splits, and development plans. (d) Community Sewage Systems. The construction of community sewage systems or decentralized sewer systems shall be prohibited within the City unless expressly permitted by resolution of the City Council. (e) Annexation of Community Sewage Systems. Where a community sewage system is annexed into the city, then the following shall apply: Page 6 of 8 (1) Unconstructed Systems. The wastewater system shall be designed such that the entire collection system is a traditional‐style gravity sewer system that carries all wastewater flow to centralized treatment facilities and shall meet city standards for design construction. The system must also be designed such that there is one (1) single point of connection from which a future gravity connection can be made to the city sanitary sewer system when the latter becomes available. This connection shall be made at the expense of the owner of the decentralized wastewater system. (2) Constructed Systems. Systems constructed prior to annexation into the city must tie to the city sanitary sewer system when a city sanitary sewer main is constructed within 300 feet of the community sewage system and such main is reasonably available to the community sewage system. This connection shall be made at the expense of the owner of the decentralized wastewater system. (k) Trail Linkages/Corridor/Easements. The developer may be required to construct a trail linkage or corridor or grant a multi‐use trail easement for trails shown on the Master Transportation Plan that abut, intersect, or traverse the project site, if it is determined that the improvements bear a rational nexus and rough proportionality to the needs created by the development. (l) Parkland Dedication. (i) Applicability. The requirements of this subsection shall apply to development that creates one (1) or more additional lots upon which residential dwelling units may be constructed and to development on an existing lot to create one (1) or ore additional residential dwelling units. (ii) Residential Development. (a) Dedication or Fee‐in‐Lieu. When a proposed residential development does not provide an area or areas for a public park based on the most recent Fayetteville Park and Recreation System Master Plan, the developer shall be required to make a reasonable dedication of land for public park facilities, or to make a reasonable equivalent contribution in lieu of dedication of land, such contribution to be used for the acquisition and development of park land that serves the subdivision or development. (b) Parks, Natural Resources and Cultural Affairs Advisory Board. Prior to the submittal of a preliminary plat, large scale development plan, or large site improvement plan the developer shall submit to the Parks, Natural Resources and Cultural Affairs Advisory Board a conceptual development plan. If land dedication is being requested by the developer, a small site improvement plan shall also be submitted to the Parks, Natural Resources and Cultural Affairs Advisory Board. (c) Planning Commission. The developer and the Parks, Natural Resources and Cultural Affairs Advisory Board shall make a joint recommendation to the Planning Commission as to the land dedication or contribution in lieu of dedication for a preliminary plat or large scale development. With the agreement of the Parks, Natural Resources and Cultural Affairs Advisory Board and developer, dedication or fee‐in‐lieu associated with small or large site improvement plans subject to administrative approval shall be accepted as a condition of approval. In the event that they are unable to agree, the developer Page 7 of 8 and advisory board shall make separate recommendations to the Planning Commission who shall determine the issue. (d) Decision. If the developer proposes to dedicate land for a public park after consultation with the Parks, Natural Resources and Cultural Affairs Advisory Board which the Planning Commission determines is suitable for park purposes, the proposed dedication shall be accepted. Upon consent and consultation with the developer and the Parks, Natural Resources and Cultural Affairs Advisory Board, a developer may dedicate a portion of the required park land dedication and make a contribution of money in lieu of land dedication for the remaining park land dedication requirement. This monetary contribution may be used to develop the park land in the development or elsewhere within the quadrant consistent with the most recent Fayetteville Parks and Recreation System Master Plan. (e) Approval. The Planning Commission's decision must be incorporated into the developer's preliminary plat or large scale development. Dedication or fee‐in‐ lieu associated with small or large site improvement plans or other plans subject to administrative approval must also be incorporated into the developer's final approval. (f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for each single‐family dwelling unit and 0.020 acres of land for each multi‐family dwelling unit. (g) Fee‐in‐Lieu formulas. A contribution in lieu of land dedication shall be made according to the following formula: $1,089.00 for each single‐family unit. $952.00 for each multi‐family unit. The Parks, Natural Resources and Cultural Affairs Department shall review the contribution formula every two (2) years and make recommendations to the City Council following such review. (h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds the requirement of this subsection, the developer shall make a written request to the Planning Commission who may grant the developer a credit equivalent to said excess. Said credit shall be applied toward the developer's obligation under this subsection for any subsequent development located in the same park quadrant. (iii) Timing of Dedication and/or Contribution. All dedications of land must be made before the city signs the final plat or issues building permits for developments that create one (1) or more additional residential dwelling unit. A final plat shall not be released for recordation until the deed for a land dedication is received. Deeded land is dedicated public park land and not subject to any right of reversion or refund. A cash contribution in lieu of required land dedication shall be payable before the city signs the final plat, or issues building permits for a development that creates one (1) or more additional residential dwelling units. With the approval of the Planning Commission a developer may pay such contribution in three (3) equal installments to be paid in full within one (1) year of final plat approval. If a developer makes a cash contribution in lieu of land dedication, the developer shall be entitled to a pro rata refund, together with the accrued interest therefrom, in the event actual density is less than the density used as the basis for the developer's contribution; provided, no refund shall be made unless application therefore is made in Page 8 of 8 writing to the Zoning and Development Administrator within one (1) year from the date of final plat approval. In the event actual density is more than the density used as the basis for a dedication of land or case contribution the developer must make an additional land dedication or contribution in lieu of dedication. (iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be required to meet the standards for lot size, bulk and area within any zoning district. Lots created for the purpose of park land dedication to serve the residents of the surrounding area shall not be subject to POA/HOA dues or other fees established for maintenance or other purposes within the neighborhood. (v) Fee‐in‐Lieu Allocation. All parkland fees received under this subsection shall be deposited in an interest bearing account. This money together with its earned interest shall be expended within five (5) calendar years of the last date of the calendar year in which it was received for the acquisition and/or development of parkland that services the subdivision or development for which the contribution in lieu of dedication was made. If this money has not been expended within the allowed period, the unexpended money together with any of its remaining earned interest shall be refunded to the present owner of the property that was the subject of the new development and against which the parkland fee was assessed and collected. (C) Other Infrastructure Improvements. Other infrastructure improvements may be required where the need for such improvements is created in whole or in part by the proposed development as determined by the City Engineer. Page 1 of 11 167.04 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 6,000 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 or large scale development 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 6,000 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. (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. Page 2 of 11 (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% RSF‐8, Single‐family Residential — Eight Units per Acre 20% RSF‐18, Single‐family Residential — Eighteen Units per Acre 20% R‐O, Residential — Office 20% Page 3 of 11 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% I‐1, Heavy Commercial and Light Industrial 15% I‐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. (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. Page 4 of 11 (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. (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 Page 5 of 11 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, (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 Page 6 of 11 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 6,001 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 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. (I) 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; (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. Page 7 of 11 (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. (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. Page 8 of 11 (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 Façades). (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 Façade. A green façade is created by growing climbing plants up and across the façade 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 façade 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. (iii) The calculation for a green façade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green façade. (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. Page 9 of 11 (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) 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. (b) 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. (c) 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. (d) 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. Page 10 of 11 (e) 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. (f) Refunds shall be paid to the applicant who made the original contribution. (g) 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. (h) 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. (i) 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 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. (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. Page 11 of 11 (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. Page 1 of 1 33.111 Removal Of Planning Commissioners By a vote of two‐thirds (⅔) of the City Council, any Planning Commissioner may be removed from the office for cause. Cause shall include, but not be limited to, the following: (A) Chronic discourteous behavior to other commissioners, staff, or members of the public. (B) Ongoing lack of familiarity with staff‐prepared material. (C) Planning Commissioners must attend at least 60% of agenda setting sessions and tours. If job requirements do not permit a member to attend agenda meetings or tours prior to 5:00 P.M., the meetings and tours will be scheduled for after normal working hours or such member shall be excused from the requirements of attending the agenda meetings and tours. (D) During the second quarter of each year, Planning Staff shall designate and all Planning Commissioners shall attend one (1) evening training and review session to ensure the legal and proper functioning of the Planning Commission. Page 1 of 1 157.02 Development Notification of public hearings for development applications shall occur as follows: (A) Public Hearing Required. A public hearing shall be held at the meeting of the Planning Commission, in accordance with the Unified Development Code the established bylaws of the Planning Commission. (B) Applicability. Development applications include, for the purpose of notification, preliminary plats, concurrent plats, large scale developments, variances from development requirements as listed in Section 156.03(C) and Section 156.07(A), and administrative items. If an application does not require a public hearing, notification is not required. (C) Notice of Public Hearing. For all development applications related to specific properties, the applicant shall provide the following notice: (1) Who Gets Notice. Notice of the proposed action shall be given to all landowners and residents with separate addresses within 200 feet of the boundary line of the property on which the use is proposed. Residents with separate addresses shall be notified by first class letter addressed to the 'current resident' to each address found in the city's address point file. (2) Methods of Notice. Notice shall be provided by the following methods, as required by this chapter: (a) Written Notice. Written notice shall be provided at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (b) Posted Notice. The applicant shall post notice at least fifteen (15) days prior to Planning Commission. Proof of notice shall be provided as required by this chapter. (D) Large Scale Development applications that are subject to administrative approval are exempt from the notification requirements of this code subsection, however, they are subject to and shall complete the public notification requirements for a Large Site Improvement Plan application. Page 1 of 2 166.01 Development Categories (A) Property Line Adjustment. A property line adjustment is a transfer or adjustment of a property line or lines between adjoining property owners which does not create a separate, new lot. A property line adjustment is not required to dedicate new easements or right-of-way. (B) Subdivision of Land. (1) Lot Split. When a property is to be subdivided into two (2), three (3) or four (4) lots, parcels the application may be processed as a lot split. Except for lot splits created pursuant §164.22 Cluster Housing Development, (C) Development Review Process, after the creation of more than four (4) lots from an original parent tract as established under Washington County's countywide 1985 reappraisal. Any subsequent subdivision of the parent or resulting tracts is required to be processed as a preliminary/final plat or concurrent plat. A lot split may dedicate new easements or right -of-way and may be combined with an easement plat. (2) Preliminary Plat. When a property is to be subdivided into more than four (4) lots or when a parent or resulting tract has been subdivided three (3) or more times and is proposed to be further subdivided, the application shall be processed as preliminary plat. A preliminar y plat establishes the preliminary location of lot lines, streets, and utility infrastructure, and allows for the applicant to request construction plan approval and install required improvements. (3) Final Plat. After completion of the required infrastructure (water, sewer, storm drainage, utilities, street improvements, etc.) for a preliminary plat, the entity subdividing may submit an application for approval of the final plat. The final plat application may no t be submitted until the final inspection for the required infrastructure has been scheduled with City Engineering staff. (4) Concurrent Plat. A concurrent plat combines the preliminary and final plat into one (1) step. A concurrent plat is permitted when a property is to be subdivided into more than four (4) lots, or when a parent or resulting tract has been subdivided three (3) or more times a nd is proposed to be further subdivided, and the existing and new parcels do not require construction of new infrastructure. (C) Site Plan. (1) Large Scale Development. A large scale development is generally intended for development on a site of 1 acre or greater in size and proposes to create more than 10,000 square feet of impervious area and where a corresponding subdivision of land is not proposed. (a) Requirement. The development of the following must be processed in accordance with the requirements for a large-scale development: (i) A site 1 acre or greater in size and creating more than 10,000 square feet of new impervious area; (ii) Facilities emitting odors or handling explosives; and (b) Excluded Developments. Developments creating less than 10,000 square feet of new impervious area or a development on a lot or parcel in a zoning district subject to administrative approval. (2) Large Site Improvement Plan. A large site improvement plan review is intended for a large scale development that is located on a site within a zoning district that permits administrative approval. A large site improvement plan is subject to the requirements and excluded developments for a large scale development listed in Fayetteville Unified Development Code §166.01(C)(1). (3) Small Site Improvement Plan. A small site improvement plan review is intended for development on a site that is less than 1 acre in size with greater than 10,000 square feet of new impervious area. Page 2 of 2 (a) Requirement. The development of the following must be processed in accordance with the requirements for a small site improvement plan: (i) A development that is excluded from large scale development or large site improvement plan review and requires review by multiple city divisions; (ii) The creation of more than 10,000 square feet of impervious area for a development on site of less than 1 acre within any zoning district. (b) Excluded Developments. The construction of less than or equal to 10,000 square feet of new impervious area shall be exempt from the site improvement plan requirements and shall be submitted in accordance with the requirements of §166.02(E) and §166.15. (4) Concept Plan. When a developer intends to subdivide property within the city or city's planning area boundary, he/she shall submit a concept plan to obtain feedback and recommendations from city staff prior and the Planning Commission to submitting a fully engineered development plan for review. When a developer intends to develop greater than 10,000 square feet of new impervious area within the city or city's planning area boundary, they may submit a concept plan to obtain feedback and recommendations from city staff prior to submitting a fully engineered development plan for review. (D) Modifications. (1) Minor Modifications. The Zoning and Development Administrator may authorize minor modifications in an approved subdivision of land or site plan. Minor modifications shall include, but are not limited to, substitutions of one approved structural type for another, minor variati ons in placement of buildings in such a way that the overall limits of approved floor area, open space, or rooms per acre are not increased, and minor shifts in property line locations. (2) Major Modifications. In the event that a developer wishes to make major modifications to an approved development, such modifications shall be submitted to the approving body of the subdivision or site plan, whether staff, or the Planning Commission. After submission, the appr oving body shall approve or disapprove the requested modification. Page 1 of 4 166.02 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) 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: (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. Page 2 of 4 (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) Planning Commission Approval. The following applications shall be approved by the Planning Commission, subject to the criteria listed below: Large scale development, preliminary plat and concurrent plat. (a) Reasons For Denial. The 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 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; Page 3 of 4 (ii) 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. (ii) 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 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— 6,000 sf of IA • Completed Green Stormwater Practice (GSP) Worksheet, demonstrating Runoff Reduction via Better Site Design. • GSP Operation & Maintenance (O & M) Agreement to ensure the long‐term functionality of these practices. • 2 or more measures from Step 1 of Table 2 that Reduce Runoff via Better Site Design • 1 or more Green Stormwater Practices (GSPs) measures from Step 2 of Table 2 as required to treat 100% of the proposed Page 4 of 4 additional impervious and gravel areas. Level 3 6,001— 10,000 sf of IA Same as Level 2. • Same as Level 2. • As needed GSP measures from 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. Page 1 of 8 166.04 Required Infrastructure Improvements — Development In City Limits (A) Generally. Required of developer. (1) On and Off‐Site Improvements. On‐site improvements are adjacent to or within a project site; such as widening the street along the project street frontage, constructing interior streets and utilities, etc. Off‐ site improvements are not adjacent to a project; such as the extension of an off‐site sewer line to the property boundary, off‐site storm drainage improvements, or an off‐site intersection improvement, etc. (2) Standards Applicable. Any required on or off‐site improvements in the city and within one (1) mile of the city limits shall be installed according to the city's standards; provided on or off‐site improvements to roads located outside one mile of the city limits shall be installed to the county's standards. The developer shall be required to bear that portion of the cost of off‐site improvements which bears a rational nexus to the needs created by the development. (3) Required Infrastructure Improvements. On and off‐site improvements that are roughly proportional and bear a rational nexus to the impact of the development are required for all development within the City of Fayetteville. The developer shall be required to install on and off‐site improvements where the need for such improvements is created in whole or in part by the proposed development. (4) Planning Commission and Planning Division. At the time the Planning Commission or Planning Division (where applicable for administrative approval) grants development approval, the Planning Commission or Planning Division shall determine whether the proposed development creates a need for off‐site improvements and the portion of the cost of any needed off‐site improvements which the developer shall be required to bear; provided, that portion of the cost of off‐site improvements to roads located outside the city's corporate limits but within the city's planning area shall be determined by the county. In determining that portion of the cost of off‐site improvements which the developer shall be required to bear, the Planning Commission or Planning Division (where applicable for administrative approval) shall consider the acreage within the proposed development as a percentage of all the acreage which, when fully developed, will benefit from the off‐site improvements; provided, the Planning Commission or Planning Division may use a different method of measurement if it determines that use of the acreage standard will not result in the developer bearing that portion of the cost which bears a rational nexus to the needs created by the development. (5) Determining Necessity for Off‐Site Improvements. (a) When a proposed development has access to paved streets or roads only by way of substandard or unimproved roads or streets leading from the development to the paved streets or roads, the developer shall be responsible for contributing this proportionate share of the cost of improving the substandard access roads or streets to existing city or county standards. The developer's proportionate share of said costs shall be determined by the Planning Commission or Planning Division (where applicable for administrative approval) in accordance with the provisions of 166.04(A) above. (b) When a proposed development has direct access to, or fronts on an existing road or street, which is below current standards, the developer shall be responsible for contributing his/her proportionate share of the cost of improving said street or road to existing city or county standards. The Planning Commission or Planning Division (where applicable for administrative approval) shall determine the developer's proportionate share of said costs in accordance with the provisions of 166.04(A) above. (c) Off‐site drainage improvements shall be required whenever a proposed development causes the need for such improvements. Page 2 of 8 (6) Delayed Improvements. The Planning Commission or Planning Division may determine a required on‐ site or off‐site improvement shall be delayed or payment‐in‐lieu contributed instead in accordance with Chapter 158 of the UDC. (7) Variances. A variance of off‐site improvements may be granted in accordance with Chapter 156 Variances. (8) State Highways. The developer shall be required to dedicate sufficient right‐of‐way to bring those state highways which the Master Street Plan shows to abut or intersect the proposed subdivision into conformance with the right‐of‐way requirements of the Master Street Plan. The developer shall be required to install a sidewalk adjacent to that portion of a state highway abutting the proposed development; and provided that the Planning Commission or Engineering Division (where applicable for administrative approval) may waive the sidewalk requirement prescribed by this subsection upon application by the developer and a determination by the Planning Commission or Engineering Division (where applicable for administrative approval) that the topography of the proposed development where it abuts a state highway is such that installation of a sidewalk is not practical. Any other improvements required of the developer by the Planning Commission or Engineering Division (where applicable for administrative approval) shall be coordinated with the Arkansas Highway and Transportation Department. (B) Minimum Improvements by Application Type. The property owner/developer shall be responsible for constructing the following minimum improvements. (1) Property Line Adjustment or Exempted Properties of Less Than or Equal to 1,200 Square Feet of Impervious Area. No improvements are required unless the action would create or exacerbate a nonconforming infrastructure situation such as cutting off a lot from public water, sewer, or street frontage. In such as case the property may not be filed of record until the required infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (2) Building Permit with No Required Grading Review. (a) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, general procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. The City Council retains the right to grant a lesser dedication of the right‐of‐way than is normally required by the Master Street Plan without the Planning Commission's recommendation. (b) Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. (c) Grading and Storm Drainage System. The developer shall install water quality, flood, and tree mitigation measures after approval of the corresponding grading and drainage/stormwater documentation found in §166.02(F). (i) All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the city's Drainage Criteria Manual. (3) Lot Split, Building Permit Requiring Grading Review. (a) Dedication of Right‐of‐Way. Sufficient right‐of‐way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property into conformance with the right‐of‐ way requirements of the Master Street Plan for said streets; provided, the Planning Commission may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. Page 3 of 8 (i) Dedications. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, General Procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Water, Sewer, or Street Frontage. Any lot that is created shall have adequate street frontage or street access that meets the minimum requirements of the zoning code, and access to public water and sewer as required by city and state code. If a lot split would create or exacerbate a nonconforming situation (such as cutting off a lot from public water, sewer, street frontage, or street access), the lot split may not be filed of record until the required easement is dedicated and/or the infrastructure is first constructed to city specifications, or a variance or waiver is granted by the Planning Commission. (d) Parkland Dedication. Parks fees shall be assessed for each new residential unit that is constructed on the additional lot(s) in accordance with the parkland dedication requirements outlined in Fayetteville Unified Development Code Chapter 166. Said fees shall be paid prior to issuance of a building permit for construction on the new lot. (4) Preliminary/Final/Concurrent Plat; Large Scale Development; Large or Small Site Improvement Plan. (a) Dedication of Right‐of‐Way. (i) On‐Site. Sufficient right‐of‐way dedication, to bring those streets which the Master Street Plan shows to abut or intersect the property and new streets proposed interior to the property, into conformance with the right‐of‐way requirements of the Master Street Plan for said streets, shall be approved by the Planning Commission; provided, the Planning Commission may recommend a lesser dedication in the event of undue hardship or practical difficulties. Such lesser dedication shall be subject to approval by the City Council. (ii) Council Acceptance of Streets and Alleys. The City Council accepts all streets and alleys located in Fayetteville that have been previously approved and accepted as dedications by the Fayetteville Planning Commission. The City Council confirms the acceptance of all such streets and alleys dedicated by developers/owners to the city which have been approved by the Fayetteville Planning Commission. (b) Monuments and Lot Stakes. The surveyor shall cause, preserve, and/or replace monuments and/or lot stakes marking the corners of a parcel to be set in accordance with Section 3.2, General Procedures, of the Arkansas Minimum Standards for Property Boundary Surveys and Plats. (c) Streets. (i) On‐Site. Widening the street adjacent to the project frontage and construction of all interior streets to meet Master Street Plan standards. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. (ii) Off‐Site. Street widening and/or new street construction off‐site may be required to address traffic impacts based on the rough proportion and rational nexus of the impacts of the project. Street grading, base, and paving according to existing city standards and specifications as adopted by the City Council. Page 4 of 8 (iii) Private Street Name Signs. Where a structure is addressed on a private street or drive, the developer or property owner(s) shall be required to install, maintain, repair and replace all private street name signs. Any private street name sign existing at the time of passage of this ordinance shall be maintained, repaired and replaced as required by this section. Signs shall meet the standards of the Manual on Uniform Traffic Control Devices (MUTCD) and shall be installed at all street/drive intersections. Unless approved otherwise, all signs shall be retroreflective and utilize a white legend on a green background. (d) Curbs and Gutters. (i) On‐Site. Curbs and gutters adjacent to the project frontage according to existing city standards and specifications as adopted by the City Council. (ii) Off‐Site. Curbs and gutters off‐site may be required to address drainage and/or traffic impacts based on the rough proportion and rational nexus to impacts of the project. Curbs and gutters according to existing city standards and specifications as adopted by the City Council. (e) Traffic Signals. As determined to be needed based on the rough proportionality and rational nexus of the impacts of the development. (f) Sidewalks. (i) On‐Site. Sidewalks shall be installed along the property street frontage and along new interior streets according to existing city standards and the Master Street Plan as adopted by the City Council. (ii) Off‐Site. Sidewalks may be required to be installed off‐site based on the rough proportionality and rational nexus of the impacts of the development. (g) Streetlights. Standard 8,000 lumen streetlights (or equal alternative approved by the Planning Division) shall be installed at each intersection or cul‐de‐sac and along one side of each street or cul‐de‐sac at intervals of no more than 300 feet; provided, streetlights of higher intensity may be required at intersections with collector streets or arterial streets. Developers are encouraged to utilize high‐efficiency (LED or similar) streetlights where possible). (h) Grading and Storm Drainage System. (i) The developer shall install storm drainage facilities, including drains, sewers, catch basins, and culverts necessary for the proper drainage of all surface water. (ii) All drainage facilities shall be so designed to serve the entire drainage area per the specifications found in Chapter 170 and the current versions of the city's Drainage Criteria Manual. (iii) All surface water drainage shall be transported to existing storm sewers, drainage facilities, or natural drainage ditches approved by the City Engineer. (iv) The City Engineer shall approve all drainage features. (v) Culverts and Bridges. Culverts and bridges shall be installed where needed in accordance with existing Arkansas State Highway Department standards and specifications. (i) Water Supply. (i) Accessible Public Water Supply. When an approved public water supply is reasonably accessible, the developer shall install a system of water mains and shall connect to such supply so that each lot within the subdivision or development shall be provided with a connection to said public water supply. All connections shall be approved by the City Page 5 of 8 Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (ii) Nonaccessible Public Water Supply. Where an approved public water supply is not reasonably accessible, any private water supply system proposed by the developer must be approved by the county sanitarian and the City Engineer in order to assure that the private water supply system will provide an adequate supply of potable water to every lot in the subdivision or development. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street, if possible. (iii) Fire Hydrants. Fire hydrants for single‐family dwellings and duplexes shall be installed so that the distance between two (2) consecutive fire hydrants does not exceed 800 feet, and no lot is more than 400 feet from a fire hydrant. Fire hydrants for apartment complexes, commercial structures, and industrial structures shall be installed so that the distance between two (2) consecutive fire hydrants does not exceed 600 feet; provided, the Fire Chief shall have the authority to require additional fire hydrants upon a determination that such additional fire hydrants are necessary to provide adequate fire protection. The Fire Chief shall develop written criteria to be applied in determining whether additional fire hydrants shall be required. (j) Sanitary Sewer System. (i) Public Sanitary Sewer Accessible. Where a public sanitary sewer is reasonably accessible, the developer shall connect with such sewer, and each lot within the subdivision or development shall be provided with a connection thereto. All connections shall be subject to the approval of the City Engineer. Individual service lines shall be installed, and individual connections shall be made prior to the paving of the street if possible. (ii) Public Sanitary Sewer Not Accessible. Where a subdivision, lot split, or other development is proposed to utilize either individual septic systems or an onsite wastewater treatment system the following is required: (a) Lot Splits Resulting in Lots Less Than 1.5 acres. Prior to the city stamping the lot split document for approval, a letter from the Arkansas Department of Health is required verifying approval of soil tests and that the property could be developed with a septic system. (b) Prior to the city signing a final or concurrent plat a letter from the Arkansas Department of Health is required indicating approval of the overall plan for the utilization of either onsite wastewater systems or individual septic permits. (c) Existing septic systems, sewage disposal fields (leach fields), alternate disposal fields required by state law and water wells on‐site or off‐site within 100 feet shall be shown on all proposed subdivisions, lot splits, and development plans. (d) Community Sewage Systems. The construction of community sewage systems or decentralized sewer systems shall be prohibited within the City unless expressly permitted by resolution of the City Council. (e) Annexation of Community Sewage Systems. Where a community sewage system is annexed into the city, then the following shall apply: (1) Unconstructed Systems. The wastewater system shall be designed such that the entire collection system is a traditional‐style gravity sewer system that carries all wastewater flow to centralized treatment facilities and shall meet city standards for design construction. The system must also be designed such that there is one (1) single point of connection Page 6 of 8 from which a future gravity connection can be made to the city sanitary sewer system when the latter becomes available. This connection shall be made at the expense of the owner of the decentralized wastewater system. (2) Constructed Systems. Systems constructed prior to annexation into the city must tie to the city sanitary sewer system when a city sanitary sewer main is constructed within 300 feet of the community sewage system and such main is reasonably available to the community sewage system. This connection shall be made at the expense of the owner of the decentralized wastewater system. (k) Trail Linkages/Corridor/Easements. The developer may be required to construct a trail linkage or corridor or grant a multi‐use trail easement for trails shown on the Master Transportation Plan that abut, intersect, or traverse the project site, if it is determined that the improvements bear a rational nexus and rough proportionality to the needs created by the development. (l) Parkland Dedication. (i) Applicability. The requirements of this subsection shall apply to development that creates one (1) or more additional lots upon which residential dwelling units may be constructed and to development on an existing lot to create one (1) or ore additional residential dwelling units. (ii) Residential Development. (a) Dedication or Fee‐in‐Lieu. When a proposed residential development does not provide an area or areas for a public park based on the most recent Fayetteville Park and Recreation System Master Plan, the developer shall be required to make a reasonable dedication of land for public park facilities, or to make a reasonable equivalent contribution in lieu of dedication of land, such contribution to be used for the acquisition and development of park land that serves the subdivision or development. (b) Parks, Natural Resources and Cultural Affairs Advisory Board. Prior to the submittal of a preliminary plat, large scale development plan, or large site improvement plan the developer shall submit to the Parks, Natural Resources and Cultural Affairs Advisory Board a conceptual development plan. If land dedication is being requested by the developer, a small site improvement plan shall also be submitted to the Parks, Natural Resources and Cultural Affairs Advisory Board. (c) Planning Commission. The developer and the Parks, Natural Resources and Cultural Affairs Advisory Board shall make a joint recommendation to the Planning Commission as to the land dedication or contribution in lieu of dedication for a preliminary plat or large scale development. With the agreement of the Parks, Natural Resources and Cultural Affairs Advisory Board and developer, dedication or fee‐in‐lieu associated with small or large site improvement plans subject to administrative approval shall be accepted as a condition of approval. In the event that they are unable to agree, the developer and advisory board shall make separate recommendations to the Planning Commission who shall determine the issue. (d) Decision. If the developer proposes to dedicate land for a public park after consultation with the Parks, Natural Resources and Cultural Affairs Advisory Board which the Planning Commission determines is suitable for park purposes, Page 7 of 8 the proposed dedication shall be accepted. Upon consent and consultation with the developer and the Parks, Natural Resources and Cultural Affairs Advisory Board, a developer may dedicate a portion of the required park land dedication and make a contribution of money in lieu of land dedication for the remaining park land dedication requirement. This monetary contribution may be used to develop the park land in the development or elsewhere within the quadrant consistent with the most recent Fayetteville Parks and Recreation System Master Plan. (e) Approval. The Planning Commission's decision must be incorporated into the developer's preliminary plat or large scale development. Dedication or fee‐in‐ lieu associated with small or large site improvement plans or other plans subject to administrative approval must also be incorporated into the developer's final approval. (f) Dedication Ratios. Land shall be dedicated at a ratio of 0.023 acres of land for each single‐family dwelling unit and 0.020 acres of land for each multi‐family dwelling unit. (g) Fee‐in‐Lieu formulas. A contribution in lieu of land dedication shall be made according to the following formula: $1,089.00 for each single‐family unit. $952.00 for each multi‐family unit. The Parks, Natural Resources and Cultural Affairs Department shall review the contribution formula every two (2) years and make recommendations to the City Council following such review. (h) Dedication in Excess. If a developer wishes to dedicate park land which exceeds the requirement of this subsection, the developer shall make a written request to the Planning Commission who may grant the developer a credit equivalent to said excess. Said credit shall be applied toward the developer's obligation under this subsection for any subsequent development located in the same park quadrant. (iii) Timing of Dedication and/or Contribution. All dedications of land must be made before the city signs the final plat or issues building permits for developments that create one (1) or more additional residential dwelling unit. A final plat shall not be released for recordation until the deed for a land dedication is received. Deeded land is dedicated public park land and not subject to any right of reversion or refund. A cash contribution in lieu of required land dedication shall be payable before the city signs the final plat, or issues building permits for a development that creates one (1) or more additional residential dwelling units. With the approval of the Planning Commission a developer may pay such contribution in three (3) equal installments to be paid in full within one (1) year of final plat approval. If a developer makes a cash contribution in lieu of land dedication, the developer shall be entitled to a pro rata refund, together with the accrued interest therefrom, in the event actual density is less than the density used as the basis for the developer's contribution; provided, no refund shall be made unless application therefore is made in writing to the Zoning and Development Administrator within one (1) year from the date of final plat approval. In the event actual density is more than the density used as the basis for a dedication of land or case contribution the developer must make an additional land dedication or contribution in lieu of dedication. Page 8 of 8 (iv) Zoning Requirements. Lots created for the purpose of park land dedication shall not be required to meet the standards for lot size, bulk and area within any zoning district. Lots created for the purpose of park land dedication to serve the residents of the surrounding area shall not be subject to POA/HOA dues or other fees established for maintenance or other purposes within the neighborhood. (v) Fee‐in‐Lieu Allocation. All parkland fees received under this subsection shall be deposited in an interest bearing account. This money together with its earned interest shall be expended within five (5) calendar years of the last date of the calendar year in which it was received for the acquisition and/or development of parkland that services the subdivision or development for which the contribution in lieu of dedication was made. If this money has not been expended within the allowed period, the unexpended money together with any of its remaining earned interest shall be refunded to the present owner of the property that was the subject of the new development and against which the parkland fee was assessed and collected. (C) Other Infrastructure Improvements. Other infrastructure improvements may be required where the need for such improvements is created in whole or in part by the proposed development as determined by the City Engineer. Page 1 of 11 167.04 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 6,000 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 or large scale development 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 6,000 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. (3) The extent to which the area would be subject to environmental degradation due to removal of the tree or group of trees. Page 2 of 11 (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% RSF‐8, Single‐family Residential — Eight Units per Acre 20% RSF‐18, Single‐family Residential — Eighteen Units per Acre 20% R‐O, Residential — Office 20% Page 3 of 11 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% I‐1, Heavy Commercial and Light Industrial 15% I‐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. (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. Page 4 of 11 (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. (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 Page 5 of 11 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, (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 Page 6 of 11 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 6,001 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 and 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. (I) 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; (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. Page 7 of 11 (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. (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. Page 8 of 11 (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 Façades). (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 Façade. A green façade is created by growing climbing plants up and across the façade 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 façade 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. (iii) The calculation for a green façade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green façade. (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. Page 9 of 11 (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) 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. (b) 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. (c) 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. (d) 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. Page 10 of 11 (e) 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. (f) Refunds shall be paid to the applicant who made the original contribution. (g) 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. (h) 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. (i) 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 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. (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. Page 11 of 11 (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. Fam vl.54 ECEIVE Jan.27,2025 C(TY OF FAYETTEVILLE CITY CLERK'S OFFICE Account#: NWCL5004205 Company: CITY OF FAME 1-1'EVILLE-CLERKS OFFI 113 W MOUNTAIN FAYF,TTEVILLE, AR 72701 Ad number#: 476044 PO#: Matter of: Ord.No. 6833 AFFIDAVIT•STATE OFARKANSAS I. Maria Hernandez-Lopez ,do solemnly swear that I am the Legal Clerk of the NWA Democrat Gazette,a daily newspaper printed and published in WASHINGTONBENTON county,State of ARKANSAS;that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of: Ord.No.6833 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 had a bona fide circulation in said County. that said newspaper had been regularly printed and published in said county,and had a bona fide circulation therein for the period of one month before the date of the first publication of said advertisement;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 for publication the sum of$266.00. (Includes$0.00 Affidavit Charge). NWA Democrat Gazette 01/26/25;NWA nwaonline.com 01/26/25 Legal C1er s•`\ ;.:� <', State of ARKANSAS,County of Sebastian = ,C' ' , _ C Subscribed and sworn to before me on this 27th day of January, 2025 � ,'� PL 31,`C ( 11 N ARY PUBLIC Ordinance:6833 Arkansas hereby amends § File Number: 2024-1079 166.04 Required Infrastructure PLANNING COMMISSION Improvements—Development in (SUBDIVISION COMMITTEE City Limits by removing all ref- ELIMINATION): erences to the Subdivision Com- AN ORDINANCE TO AMEND mittee in subsections(8)(2)(a), CHAPTER 33 DEPARTMENTS, (B)(3)(a), (B)(3)(a)(i), and BOARDS,COMMISSIONS,AND (8)(4Xa)(i)and(ii). AUTHORITIES; CHAPTER 157 Section 7:That the City Coen- NOTIFICATION AND PUBLIC ell of the City of Fayetteville, HEARINGS;CHAPTER 166 DE- Arkansas hereby amends § VELOPMENT;AND CHAPTER 167 167.04 Tree Preservation and TREE PRESERVATION AND PRO- Protection During Development TECTION OF THE UNIFIED DE- by removing the reference to VELOPMENT CODE TO Subdivision Committee in sub- ELIMINATE THE PLANNING section(H)(3). COMMISSION SUBDIVISION PASSED and APPROVED on COMMITTEE January 21,2025 WHEREAS, on October 20, Approved: 1987,the Fayetteville Board of Molly A.Rawn,Mayor Directors approved Ordinance Attest: 3302 which stated that all Kara Paxton,City ClerkTrees- large-scale developments must urer be reviewed by the Plat Review This publication was paid for Committee and the Subdivision by the City Clerk-Treasurer of Committee and must be ap- the City of Fayetteville, proved by the Planning Com- Arkansas. mission;and Amount Paid:$266.00 WHEREAS,in 1989 Ordinance Januarwy 26,2025 476044 4099 codified the Subdivision Committee compos tion and du- ties;and WHEREAS, since January 2023 the Planning Commis- sion's Subdivision Committee has reviewed just over 80 proj- ects,with some being reviewed multiple times and approxi- mately 40%of meetings,which are held on Thursdays at 9:00 a.m.,have had fewer than three commissioners in attendance; and WHEREAS, from January 2023 through August 2024,55 projects were forwarded to the Planning Commission while only 9 projects received final ap- proval by the Subdivision Com- mittee;and WHEREAS, the proposal to eliminate the Subdivision Com- mittee which was forwarded by the Planning Commission with a recommendation of approval, will streamline the development review process,support quality development review by city staff,make application timeline improvements, and recognize professional staff resources that did not exist when the Subdivi- sion Committee was estab- lished. NOW,THEREFORE,BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1:That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends § 33.111 Removal of Planning Commission by removing"un- less that commissioner is cur- rently on the Subdivision Committee"in subsection (C) and repealing subsection(0). Section 2:That the City Coun- cil of the City of Fayetteville, Arkansas hereby repeals § 33.270 regarding the composi- tion and membership of the Subdivision Committee. Section 3:That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends § 157.02 Development by remov- ing "Subdivision Committee and/or"in subsection(A)and removing "at least seven (7) days prior to Subdivision Com- mittee and"in subsection(2)(a) and(2)(b). Section 4:That the City Coun- cil of the City o1 Fayetteville, Arkansas hereby amends § 166.01 Development Categories by removing"Subdivision Com- mittee"in subsection(D)(2). Section 5:That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends § 166.02 Development Review Process by repealing subsection (B)(2) and removing all in- stances of"Subdivision Com- mittee"in subsection(C)(2). Section 6:That the City Coun- cil of the City of Fayetteville,