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HomeMy WebLinkAboutOrdinance 6896113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6896 File Number: 2025-1184 AN ORDINANCE TO AMEND § 167.04 TREE PRESERVATION AND PROTECTION DURING DEVELOPMENT TO PROVIDE THE CITY COUNCIL INCREASED POTENTIAL REQUIREMENTS WHEN AN APPLICANT SEEKS TO VACATE A TREE PRESERVATION EASEMENT AND TO DECLARE AN EMERGENCY WHEREAS, Fayetteville maintains an identity and culture related to its tree preservation, canopy cover, and policy development related to protecting trees and natural areas; and WHEREAS, trees provide ecological benefits that are both economic and aesthetic, including increasing the natural beauty of our area, providing wildlife habitat, providing mental health benefits, providing cooling effects, reducing carbon, reducing stormwater runoff and flooding, reducing erosion, increasing property values, and more; and WHEREAS, the City of Fayetteville City Council has enacted Chapter 167 Tree Preservation and Protection consisting of tree protection measures and preservation options including tree preservation easements and other mitigation measures; and WHEREAS, the Urban Forestry Advisory Board is comprised of citizens with knowledge of our community cultural values as well as technical expertise and are empowered to make recommendations to the Planning Commission and City Council; and WHEREAS, any vacation of some or all of the tree preservation easement should only be authorized by the City Council if the applicant has offered to the City an establishment of a new, replacement tree easement of greater canopy size and/or improved canopy health and ecological benefit to our community; and WHEREAS, the City Council should be able to require a replacement tree preservation easement be established by the applicant of greater size, improved canopy health and ecological value, and other mitigation measures such as removal of invasive species from the proposed new replacement tree easement and the planting of additional trees within the easement. 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 § 167.04 (L)(2) by repealing it in its entirety and enacting a replacement 167.04 (L)(2) as follows: "167.04 (L)(2) The geographical extent and location of a tree preservation easement, once recorded, may only be vacated in whole or in part with the express approval of the City Council. Applicants requesting such vacation of an existing tree Page 1 Ordinance: 6896 File Number: 2025-1184 preservation easement shall bear the burden of proving to the City Council's satisfaction that such vacation is in the best interests of the City of Fayetteville and its residents and businesses. The application for vacation of a tree preservation easement shall be submitted to the urban forester who should present the request and the urban forester's recommendations to the Urban Forestry Advisory Board for its review and recommendations prior to placing the vacation request on the City Council Agenda. The City Council may require that vacation of some or all of a tree preservation easement shall be offset by the establishment of a new tree preservation easement of greater size and/or improved canopy health and ecological benefit to our community. The City may require that a proposed new tree preservation easement be improved by the owner by substantial removal of invasive species, planting of trees approved by the urban forester to improve the canopy within the proposed new tree preservation easement, and/or other mitigation measures." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this amended code section should become effective immediately upon its passage and approval so that replacement tree preservation easements can have improved canopy health and ecological value by the City Council's required removal of existing invasive plant species and/or tree plantings within the replacement tree preservation easement which would benefit the health and welfare of our citizens. Therefore, the City Council declares an emergency exists so that this ordinance shall become effective immediately upon its passage and approval. PASSED and APPROVED on July 15, 2025 Approved: * q�w� Molly Rawn, Mayor Attest: U�; 'G11 Y `•FAYE7TEVILLE v_ �piNCI�N �oJp• Kara Paxton, City Clerk Treasurer This publication was paid for by the City Clerk -Treasurer of the City of Fayetteville, Arkansas. Amount Paid: $ 314.64 Page 2 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-1184 AN ORDINANCE TO AMEND § 167.04 TREE PRESERVATION AND PROTECTION DURING DEVELOPMENT TO PROVIDE THE CITY COUNCIL INCREASED POTENTIAL REQUIREMENTS WHEN AN APPLICANT SEEKS TO VACATE A TREE PRESERVATION EASEMENT AND TO DECLARE AN EMERGENCY WHEREAS, Fayetteville maintains an identity and culture related to its tree preservation, canopy cover, and policy development related to protecting trees and natural areas; and WHEREAS, trees provide ecological benefits that are both economic and aesthetic, including increasing the natural beauty of our area, providing wildlife habitat, providing mental health benefits, providing cooling effects, reducing carbon, reducing stormwater runoff and flooding, reducing erosion, increasing property values, and more; and WHEREAS, the City of Fayetteville City Council has enacted Chapter 167 Tree Preservation and Protection consisting of tree protection measures and preservation options including tree preservation easements and other mitigation measures; and WHEREAS, the Urban Forestry Advisory Board is comprised of citizens with knowledge of our community cultural values as well as technical expertise and are empowered to make recommendations to the Planning Commission and City Council; and WHEREAS, any vacation of some or all of the tree preservation easement should only be authorized by the City Council if the applicant has offered to the City an establishment of a new, replacement tree easement of greater canopy size and/or improved canopy health and ecological benefit to our community; and WHEREAS, the City Council should be able to require a replacement tree preservation easement be established by the applicant of greater size, improved canopy health and ecological value, and other mitigation measures such as removal of invasive species from the proposed new replacement tree easement and the planting of additional trees within the easement. 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 § 167.04 (L)(2) by repealing it in its entirety and enacting a replacement 167.04 (L)(2) as follows: "167.04 (L)(2) Page 1 Ordinance: 6896 File Number: 2025-1184 The geographical extent and location of a tree preservation easement, once recorded, may only be vacated in whole or in part with the express approval of the City Council. Applicants requesting such vacation of an existing tree preservation easement shall bear the burden of proving to the City Council's satisfaction that such vacation is in the best interests of the City of Fayetteville and its residents and businesses. The application for vacation of a tree preservation easement shall be submitted to the urban forester who should present the request and the urban forester's recommendations to the Urban Forestry Advisory Board for its review and recommendations prior to placing the vacation request on the City Council Agenda. The City Council may require that vacation of some or all of a tree preservation easement shall be offset by the establishment of a new tree preservation easement of greater size and/or improved canopy health and ecological benefit to our community. The City may require that a proposed new tree preservation easement be improved by the owner by substantial removal of invasive species, planting of trees approved by the urban forester to improve the canopy within the proposed new tree preservation easement, and/or other mitigation measures." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this amended code section should become effective immediately upon its passage and approval so that replacement tree preservation easements can have improved canopy health and ecological value by the City Council's required removal of existing invasive plant species and/or tree plantings within the replacement tree preservation easement which would benefit the health and welfare of our citizens. Therefore, the City Council declares an emergency exists so that this ordinance shall become effective immediately upon its passage and approval. Page 2 CivicClerk No.: 2025- AGENDA REQUEST FORM FOR: Council Meeting of July 15, 2025 FROM: Council Member Teresa Turk ORDINANCE OR RESOLUTION TITLE AND SUBJECT: AN ORDINANCE TO AMEND § 167.04 TREE PRESERVATION AND PROTECTION DURING DEVELOPMENT TO PROVIDE THE CITY COUNCIL INCREASED POTENTIAL REQUIREMENTS WHEN AN APPLICANT SEEKS TO VACATE A TREE PRESERVATION EASEMENT AND TO DECLARE AN EMERGENCY APPROVED FOR AGENDA: I " , sk) rrJ A eek C uncil Member Teresa Turk Date Kit Williams Date Approved as to form �-/q a Mayor Molly Rawn Da e Acknowledgement Williams, Kit From: Turk, Teresa Sent: Tuesday, July 8, 2025 12:02 PM To: Williams, Kit Cc: Curth, Jonathan; Masters, Jessica; Pennington, Blake Subject: Re: change in tree ordinance to give Council express rights to require invasive plant removal from proposed replacement tree easement I'm fine with that change and we can discuss at CC next week if necessary. Sent from my iPhone On Jul 8, 2025, at 11:47 AM, Williams, Kit <kwilliams@fayetteville-ar.gov> wrote: I agree with you, but I think the Council wanted this as a required step. I could certainly make a "should" if Teresa okayed such a change. Kit Willia ns Fayetteville City Attornev 479-575-831` From: Curth, Jonathan <jcurth@fayetteville-ar.gov> Sent: Tuesday, July 8, 2025 11:11 AM To: Williams, Kit <kwilliams@fayetteville-ar.gov>; Turk, Teresa <teresa.turk@fayetteville-ar.gov>; Masters, Jessica <jmasters@fayetteville-ar.gov> Cc: Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: RE: change in tree ordinance to give Council express rights to require invasive plant removal from proposed replacement tree easement 0 Thank you for the work to button this up and move it forward. Apologies that I was tied -up since 900a and not able to interject. The main, potential addition I see is language to afford a councilmember or Mayor to bring forward a tree preservation easement vacation to Council without going to UFAB, similar to Council's ability to bring legislation forward rather than passing through an advisory group like the Planning Commission. This can acknowledge instances of urgency or if UFAB were to shift to quarterly meetings, repeatedly fail to make quorum, or otherwise be unable to promptly perform their advisory role. As written, UFAB "shall" be consulted. Thanks again, Jonathan Curth, AICP Development Services Director Development Services Department DEPARTMENTAL CORRESPONDENCE OFFICE OF THE CITY ATTORNEY TO: Mayor City Council Kara Paxton, City Clerk/Treasurer CC: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessie Masters, Development Review Manager Willa Thomason, Urban Forester FROM: Kit Williams, City Attorney -- DATE: July 8, 2025 Kit Williams City Attorney Blake Pennington Senior Assistant City Attorney Hannah Hungate Assistant City Attorney Stacy Barnes Paralegal RE: Proposed revision of § 167.04 Tree Preservation and Protection During Development In order to clarify that the City Council would have authority to require an applicant for vacation of an existing tree preservation easement to remove invasive plant species from a proposed replacement tree preservation easement, § 167.04 (L) needed to be rewritten. Council Member Teresa Turk requested me to rewrite that subsection to expressly authorize the City Council with the right to require removal of invasive plant species from a proposed replacement tree preservation easement. She has also included the power of the City Council to require any necessary tree plantings within the proposed tree easement to repair or improve the canopy's health as a condition of the City Council's approval of the vacation of the existing tree preservation easement. An emergency clause is included so that this amendment, if passed, could apply to Ozark Electric's proposed vacation of its existing tree preservation easement and its proposed replacement tree preservation easement. I want to thank Planning, especially Jessie Masters and Jonathan Curth, for their review of this proposed ordinance and their suggestions for its improvement which have been incorporated into this final proposal. AN ORDINANCE TO AMEND § 167.04 TREE PRESERVATION AND PROTECTION DURING DEVELOPMENT TO PROVIDE THE CITY COUNCIL INCREASED POTENTIAL REQUIREMENTS WHEN AN APPLICANT SEEKS TO VACATE A TREE PRESERVATION EASEMENT AND TO DECLARE AN EMERGENCY WHEREAS, Fayetteville maintains an identity and culture related to its tree preservation, canopy cover, and policy development related to protecting trees and natural areas; and WHEREAS, trees provide ecological benefits that are both economic and aesthetic, including increasing the natural beauty of our area, providing wildlife habitat, providing mental health benefits, providing cooling effects, reducing carbon, reducing stormwater runoff and flooding, reducing erosion, increasing property values, and more; and WHEREAS, the City of Fayetteville City Council has enacted Chapter 167 Tree Preservation and Protection consisting of tree protection measures and preservation options including tree preservation easements and other mitigation measures; and WHEREAS, the Urban Forestry Advisory Board is comprised of citizens with knowledge of our community cultural values as well as technical expertise and are empowered to make recommendations to the Planning Commission and City Council; and WHEREAS, any vacation of some or all of the tree preservation easement should only be authorized by the City Council if the applicant has offered to the City an establishment of a new, replacement tree easement of greater canopy size and/or improved canopy health and ecological benefit to our community; and WHEREAS, the City Council should be able to require a replacement tree preservation easement be established by the applicant of greater size, improved canopy health and ecological value, and other mitigation measures such as removal of invasive species from the proposed new replacement tree easement and the planting of additional trees within the easement. 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 § 167.04 (L)(2) by repealing it in its entirety and enacting a replacement 167.04 (L)(2) as follows: "167.04 (L)(2) The geographical extent and location of a tree preservation easement, once recorded, may only be vacated in whole or in part with the express approval of the City Council. Applicants requesting such vacation of an existing tree preservation easement shall bear the burden of proving to the City Council's satisfaction that such vacation is in the best interests of the City of Fayetteville and its residents and businesses. The application for vacation of a tree preservation easement shall be submitted to the urban forester who should present the request and the urban forester's recommendations to the Urban Forestry Advisory Board for its review and recommendations prior to placing the vacation request on the City Council Agenda. The City Council may require that vacation of some or all of a tree preservation easement shall be offset by the establishment of a new tree preservation easement of greater size and/or improved canopy health and ecological benefit to our community. The City may require that a proposed new tree preservation easement be improved by the owner by substantial removal of invasive species, planting of trees approved by the urban forester to improve the canopy within the proposed new tree preservation easement, and/or other mitigation measures." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby determines that this amended code section should become effective immediately upon its passage and approval so that replacement tree preservation easements can have improved canopy health and ecological value by the City Council's required removal of existing invasive plant species and/or tree plantings within the replacement tree preservation easement which would benefit the health and welfare of our citizens. Therefore, the City Council declares an emergency exists so that this ordinance shall become effective immediately upon its passage and approval. Form 0.55 itiddLa N\/\iA. Account #: NWCL5004205 Company: CITY OF FAYETTEVILLE-CLERKS OFFI 113 W MOUNTAIN FAYETTEVILLE, AR 72701 Ad number #: 523912 PO #: Matter of: ORD 6896 AFFIDAVIT • STATE OFARKANSAS ECEIVE 7/15/2025 C'Y OF FAYETTEV L'_E CITY CLERK'S CFFICE 1, 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 ofARKANSAS; that I was so related to this publication at and during the publication of the annexed legal advertisement in the matter of ORD 6896 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 ride 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 $314.64. (Includes $0.00 Affidavit Charge). NWA Democrat Gazette 07120125, NWA nwaonline.eom 07120125 Legal Clerk State ofARKANSAS, County of Sebastian Subscribed and sworn to before me on this 21st day of July, 2025 1 N ARY PUBLIC BRAS O .6?N .22 Vn • pUB1 �� 2 c vo6.. Ordinance: 6896 File Number: 2025-1184 AN ORDINANCE TO AMEND § 167.04 TREE PRESERVATION AND PROTECTION DURING DE- VELOPMENT TO PROVIDE THE CITY COUNCIL INCREASED PO- TENTIAL REQUIREMENTS WHEN AN APPLICANT SEEKS TO VA- CATE A TREE PRESERVATION EASEMENT AND TO DECLARE AN EMERGENCY WHEREAS, Fayetteville main- tains an identity and culture re- lated to its tree preservation, canopy cover, and policy devel- opment related to protecting trees and natural areas; and WHEREAS, trees provide eco- logical benefits that are both economic and aesthetic, includ- ing increasing the natural beauty of our area, providing wildlife habitat, providing men- tal health benefits, providing cooling effects, reducing car- bon, reducing stormwater runoff and flooding, reducing erosion, increasing property values, and more; and WHEREAS, the City of Fayet- teville City Council has enacted Chapter 167 Tree Preservation and Protection consisting of tree protection measures and preservation options including tree preservation easements and other mitigation measures; and WHEREAS, the Urban Forestry Advisory Board is comprised of citizens with knowledge of our community cultural values as well as technical expertise and are empowered to make recom- mendations to the Planning Commission and City Council; and WHEREAS, any vacation of some or all of the tree preserva- tion easement should only be authorized by the City Council it the applicant has offered to the City an establishment of a new, replacement tree easement of greater canopy size and/or im- proved canopy health and eco- logical benefit to our community; and WHEREAS, the City Council should be able to require a re- placement tree preservation easement be established by the applicant of greater size, im- proved canopy health and eco- logical value, and other mitigation measures such as re- moval of invasive species from the proposed new replacement tree easement and the planting of additional trees within the easement. NOW, THEREFORE, BE IT OR- DAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section t: That the City Coun- cil of the City of Fayetteville, Arkansas hereby amends § 167.04 (L)(2) by repealing it in its entirety and enacting a re- placement 167.04 (L)(2) as fol- lows: 167.04 (L)(2) The geographical extent and location of a tree preservation easement, once recorded, may only be vacated in whole or in part with the express approval of the City Council. Applicants requesting such vacation of an existing tree preservation ease- ment shall bear the burden of proving to the City Council's sat- isfaction that such vacation is in the best interests of the City of Fayetteville and its residents and businesses. The applica- tion for vacation of a tree preservation easement shall be submitted to the urban forester who should present the request and the urban forester's recom- mendations to the Urban Forestry Advisory Board for its review and recommendations prior to placing the vacation re- quest on the City Council Agenda. The City Council may require that vacation of some or all of a tree preservation ease- ment shall be offset by the es- tablishment of a new tree preservation easement of greater size and/or improved canopy health and ecological benefit to our community. The City may require that a pro- posed new tree preservation easement be improved by the owner by substantial removal of invasive species, planting of trees approved by the urban forester to improve the canopy within the proposed new tree preservation easement, and/or other mitigation measures." Section 2: That the City Council of the City of Fayet- teville, Arkansas hereby deter- mines that this amended code section should become effective Immediately upon its passage and approval so that replace- ment tree preservation ease- ments can have Improved canopy health and ecological value by the City Council's re- quired removal of existing inva- sive plant species and/or tree plantings within the replace- ment tree preservation ease- ment which would benefit the health and welfare of our citi- zens. Therefore, the City Coun- cil declares an emergency exists so that this ordinance shall become effective immedi- ately upon its passage and ap- proval. PASSED and APPROVED on July 15, 2025 Approved: Molly Rown, 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: $314.64 July 2, 2025 523912