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HomeMy WebLinkAboutOrdinance 6940 (2)113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 6940 File Number: 2025-2259 AN ORDINANCE TO ALIGN THE UNIFIED DEVELOPMENT CODE WITH THE URBAN FORESTRY MANAGEMENT PLAN BY AMENDING § 167.04, TREE PRESERVATION AND PROTECTION AND § 167.05, TREE PROTECTION MEASURES AND CONSTRUCTION WHEREAS, on December 4, 2024, City Council passed Resolution 298-24 adopting the Urban Forestry Management Plan to provide a ten-year strategic plan to preserve and expand the City's tree canopy and recommend updates to the City's tree preservation policies; and WHEREAS, priority actions include developing incentives to preserve existing canopy rather than opting for mitigation, and conservation and protection of significant green spaces through protective easements and other development provisions.; and WHEREAS, on October 27, 2025, the Planning Commission recommended approval of all amendments by a vote of 7-2. 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, Tree Preservation and Protection by repealing it in its entirety and enacting a replacement § 167.04 as shown in Exhibit A attached hereto. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 167.05, Tree Protection Measures and Construction by repealing it in its entirety and enacting a replacement § 167.05 as shown in Exhibit A attached hereto. PASSED and APPROVED on December 2, 2025 Approved: Vh �� Molly 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: $ 130.72 •; GAT �,� •.0 FAYETTEVILLE: Page 1 CHAPTER 167: TREE PRESERVATION AND PROTECTION 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 not required to go through the subdivision or large scale development process. (9) Hillside/Hilltop Overlay District. An abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted for projects located within the Hillside/Hilltop Overlay District that are not required to go through the development review process. (10) Grading Permit. An abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for grading permits on projects that are not required to go through the development process. (11) Building Permits. Tree preservation requirements apply to all permit applications for developments of greater than 1,200 square feet of impervious area. An abbreviated tree preservation plan, as set forth in §167.04 (H)(3), shall be submitted with the application for building permits on projects that are not required to go through the subdivision, large scale development, or site improvement plan process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree preservation plan or review from Urban Forestry. (a) Person seeking to construct 1,200 square feet or less of impervious area are specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply. (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. (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% (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 2 of 13 RSF-18, Single-family Residential — Eighteen Units per Acre 20% R-O, Residential — Office 20% RI-12, Residential Intermediate —Twelve Units Per Acre 20% RI-U, Residential Intermediate — Urban 15% RMF-6, Multi -family Residential — Six Units per Acre 20% RMF-12, Multi -family Residential — Twelve Units per Acre 20% RMF-18, Multi -family Residential — Eighteen Units per Acre 20% RMF-24, Multi -family Residential — Twenty -Four Units per Acre 20% RMF-40, Multi -family Residential — Forty Units per Acre 20% NS-L, Neighborhood Services — Limited 20% NS-G, Neighborhood Services — General 20% C-1, Neighborhood Commercial 20% CS, Community Services 20% C-2, Thoroughfare Commercial 15% UN, Urban Neighborhood 15% UC, Urban Corridor 20% 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 zoning districts within the Hillside/Hilltop Overlay District shall have their percent minimum canopy requirements increased by 5%. (D) Prior Tree Removal. (1) If trees have been removed below the required percent minimum canopy within the five (5) years preceding application for a development, the site must be forested to meet the Percent Minimum Canopy requirements set forth in Table 1, plus an additional 10% of the total area of the property for which the applicant is seeking approval, less the right-of-way and park land dedications. The number of trees required to be planted shall be calculated using the base density for high priority trees. (2) Waiver. If an applicant is able to demonstrate to the Planning Commission's satisfaction that the trees were removed for a bona fide agricultural purpose, and not with the intent to thwart enforcement of this chapter, the additional 10% reforestation requirement shall be waived. (E) Tree Preservation Priorities. (1) Percent Minimum Canopy. Proposed designs must meet the percent minimum canopy requirements for the particular zoning designation, emphasizing the preservation and protection of high priority trees on the site. Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement and such utilities shall be routed, wherever possible, to avoid existing canopy. (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 3 of 13 (2) Existing Natural Features. Each design shall consider the existing natural features of the site, the preservation priorities for the trees, and the impact their proposed removal may have both on and off -site. (3) Priority Trees. The preservation and protection of high priority trees shall be enforced most stringently to meet the minimum percentage of canopy preservation. High priority trees are alive, healthy, greater than or equal to an 8-inch diameter at breast height for large and medium species of trees. High priority for small species of trees is greater than or equal to a 4-inch diameter. Low priority trees are invasive species or unhealthy as determined by a tree care professional pursuant to §167.07. Low priority trees are less than an 8-inch diameter at breast height for larger and medium species and less than a 4-inch diameter at breast height for smaller trees species. (F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments. (1) Residential Developments. The percent minimum canopy in residential developments shall be located in areas that have the least possibility of impact as public infrastructure and proposed utilities are installed and homes built. The intent is to leave undisturbed as many existing trees as possible for the use and enjoyment of prospective lot owners. Residential developments requesting tree removal below the percent minimum canopy requirement may choose either residential on -site mitigation, or to contribute to the Tree Escrow Account as set forth in §167.04(J)(4)(a). Trees in existing and not to be vacated utility easements shall not be counted toward the percent minimum canopy requirement, and such proposed utilities shall be routed to avoid existing canopy and shall count toward the percent minimum canopy requirement. (2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation plan for the development of nonresidential developments. The Urban Forester shall recommend to the Planning Commission the option that will potentially preserve the largest amount of high priority canopy based upon the tree preservation criteria set forth in §167.04(B) above. (Supp. No. 37) (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. Created: 2025-06-24 11:40:36 [EST] Page 4 of 13 (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 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 Chapter 151: Definitions 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; (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 5 of 13 (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 implemented for their protection. These measures shall include, but need not be limited to, fencing, limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation, Protection and Landscape Manual for details, examples and specific checklists. Examples can be provided upon request to the Urban Forester. (3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between 1,201 to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do not fall under the requirements for developments required to go through the development review process of Technical Plat Review Committee, and/or Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan. (4) Analysis Report. The applicant shall submit an analysis report prepared and signed by an International Society of Arboriculture (ISA)-certified arborist when minimum percent canopy is not met. The report shall include the following: (Supp. No. 37) a) Tree Health and Structure Evaluation. The arborist shall conduct a Level 1: Limited Visual Assessment of the site. In conjunction with the site plan provided by the design professional, the arborist shall conduct, at their discretion, a Level 2: Basic Assessment or Level 3: Advanced Assessment of significant trees, as defined in §151, shown to be removed or impacted by the proposed development, and preserved trees showing signs of disease or damage. b) Feasibility of Preservation: Site constraints preventing preservation (e.g. topography, utility conflicts), evaluation of design modifications that could increase tree retention, and tree protection measures explored and their viability. c) Recommendations and Justification: Summary of why minimum preservation cannot be met, and a recommended course of action. On sites where invasive tree species, as defined in §177.09, are present, or where existing canopy is of low quality or limited extent, as determined by the urban forester, urban Created: 2025-06-24 11:40:36 [EST] Page 6 of 13 forestry staff may modify this requirement to prioritize the preservation of high -quality, non- invasive tree species. (5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas, preserved trees, and the physical limits of all protective measures on site required during construction. (6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree preservation plans shall not be required to submit analysis report. (7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation Easements for the added protection of trees preserved to meet percent minimum canopy requirements or trees planted, in those instances where such would be of mutual benefit to the applicant and the City of Fayetteville. (1) Request for On -Site Mitigation. (1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum canopy requirement must be incorporated with the applicant's tree preservation plan. (2) Plan Requirements. The tree preservation plan must graphically represent the species and location for all existing trees on -site. It shall also include a chart clearly stating the following information: (a) The number of trees requested for removal; (b) The percentage below the percent minimum canopy requirement they represent; and (c) The species and number of trees to be planted based on the forestation requirements below. (3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (4) Forestation Requirements. The number and species of trees required for forestation shall be based upon the quality of the canopy lost: (a) High Priority Canopy. When removing high priority canopy below the percent minimum canopy required, the canopy square footage removed shall be forested at a base density of two hundred (200), 2-inch caliper trees per acre removed. (b) Low Priority Canopy. When removing low priority canopy below the percent minimum required, the canopy square footage removed shall be forested at a base density of one hundred (100), 2-inch caliper trees per acre removed. (5) Base Density. Compensating for the environmental damage caused by removing tree canopy shall be accomplished by forestation on a per acre basis. The base density formula used above is based on 2-inch caliper trees. However, the urban forester may approve the use of trees with less than 2-inch caliper for the planting of smaller tree species required by spatial constraints on the site. In such cases, the number of trees to be planted may be adjusted in accordance with the species table to be found in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (6) Preferred Species. All trees to be planted shall be species native to the Ozark region or native cultivars, when available, or selected from the list of preferred tree species set forth (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 7 of 13 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. (iv) In the event trees are injured or destroyed by natural disasters, including but not limited to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the independent actions of third parties, the applicant shall be relieved of the responsibility of replanting the tree or trees so affected. (c) Developers requesting mitigation trees be planted along the street right-of-way of residential developments shall submit a landscape plan that complies with the standards outlined in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure that new trees planted are of the highest quality, require low maintenance, and do not interfere with public safety. The species of trees to be planted shall be selected from the approved street tree species list, or be otherwise specifically approved by the Urban Forester. The applicant's mitigation plan for planting street trees shall describe in detail the method for tracking the development of the individual lots, which shall best ensure that required number and species of mitigation trees are planted. (9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Fagades). (Supp. No. 37) (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. Created: 2025-06-24 11:40:36 [EST] Page 8 of 13 (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 Facade. A green facade is created by growing climbing plants up and across the fagade of a building, either from plants grown directly in the ground or a large container of at least 12 inches of soil medium. Plants can attach directly to the building or be supported with a 12-inch by 12-inch trellis system connected to the building. (g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof, intensive green roof, and green facade 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 facade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green facade. (J) Request for Off -Site Alternatives. (1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in, and submitted concurrently with the applicant's tree preservation plan. (2) Off -Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or greater amount of canopy cover at a site within the city limits. (3) Off -Site Forestation. (a) If off -site preservation cannot be achieved, the applicant may seek approval from the Urban Forester to plant the required number of trees on another site owned by the applicant and located within the city limits. A tree preservation easement must be conveyed concurrently with or prior to submission of a final plat by the applicant to the city to protect any off -site preservation or forestation and the legal description of the tree preservation easement shall also appear on the final plat. (b) An applicant may plant and maintain mitigation trees needed for the applicant's development as to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city park or public right-of-way if expressly approved by City Council resolution. The City Council shall seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about the advisability of forestation of the nearby city park and may apply express conditions including requiring irrigation to be installed and regular maintenance to be performed by the applicant. (4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation, off -site preservation, off -site forestation, and on -site mitigation alternatives to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 9 of 13 (Supp. No. 37) Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and maintenance for three (3) years. (a) Developments proposed as building permits under Level 2 as outlined in §166.02 (E)(2) are eligible for contribution to the tree escrow account as an option. (b) Residential developments which cannot achieve the base density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the money paid into the Tree Escrow Account to plant trees within the development along rights -of -way detention ponds, common areas or other areas where trees can be protected and have ahigh probability of survival to a mature tree. This shall be accomplished once the development is built out or as approved by the Urban Forester. (c) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a building permit on all commercial, industrial, or multi -family residential buildings and prior to final plat acceptance for all residential and non-residential subdivisions. (d) Money contributed under this section (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either city staff or contract labor; (ii) Shall not revert to the general fund for ongoing operations. (e) If it is not possible to plant trees within the development, planting locations will be sought in appropriate sites within a 1 mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban forest analysis should be consulted when identifying appropriate locations to plant escrow funded trees. (f) The City of Fayetteville shall refund the portion of the money contributed under this section, including the accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on a 4% annual rate. (g) Refunds shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected. (h) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (i) The refund shall be made on a pro rata basis and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. (j) At the time of the contribution to the Tree Escrow Account, the Urban Forester shall provide the applicant with written notice of those circumstances under which refunds of such fees will be made. Failure to deliver such written notice shall not invalidate any contribution to the Tree Escrow Account under this ordinance. Created: 2025-06-24 11:40:36 [EST] Page 10 of 13 (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) Tree Preservation Easement Dedication. Large scale developments, large site improvements, and commercial preliminary plats are required to dedicate a tree preservation easement, if any existing trees are to be preserved. The tree preservation easement shall be the size of the minimum canopy preservation requirement, if possible. If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of approved tree preservation easements which shall be clearly depicted and noted on the easement plats for large scale developments, large and small site improvements, commercial final plats, and any plats with a tree preservation easement. This shall be accompanied by a narrative statement describing the nature of the protection afforded and bearing the signature of the Urban Forester. If it is impractical to include the actual depiction of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice. (2) Tree Preservation Easement Vacation. 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. (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 11 of 13 (3) Disturbance and Maintenance of Tree Preservation Easements. Tree preservation easements are established for the purpose of protecting and maintaining existing tree canopy in perpetuity. No grading, excavation, construction, trenching, or any other form of land disturbance or development activity is permitted within the boundaries of a recorded tree preservation easement. Property owners wishing to remove diseased or dead trees, or invasive vegetation of any kind 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 native or regionally appropriate tree species, unless the Urban Forester determines that natural replacements of sufficient health and vigor are already present in the tree preservation easement. Unauthorized removal, cutting, or disturbance of native trees or vegetation within a tree preservation easement constitutes a violation of this chapter and may result in enforcement actions including, but not limited to restoration requirements, and replanting with native or regionally appropriate species at the ratio specified in §167.04(I)(4)(a). (Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §6, 4-16- 96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 4539 02-03-04; Ord. No. 4855, 4-18-06; Ord. No. 4930, 10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2- 11; Ord. No. 5513, 7-17-12; Ord. No. 5773, 5-19-15; Ord. No. 5818, 10-20-15; Ord. No. 5824, §3, 11-17- 15; Ord. No. 5945, §17, 1-17-17; Ord. No. 5986, §§4(Exh. A), 5-35, 7-6-17; Ord. No. 6442, §§1(Exh. Al), 2(Exh. B), 5(Exh. E), 6(Exh. F), 6-1-21; Ord. No. 6446, §9(Exh. D), 6-15-21; Ord. No. 6786, §§ 2-6, 8-20-24; Ord. No. 6793, § 5, 9-17-24; Ord. No. 6830, §4, 1-7-25; Ord. No. 6833, §7, 1-21-25) 167.05 Tree Protection Measures And Construction (A) Site Inspection. A preliminary site inspection followed by periodic inspections will be conducted by the Urban Forester to ensure compliance with the tree preservation plan. (B) Tree Protection. Trees illustrated as preserved on tree preservation plans shall be protected from construction activity to prevent impingement by or the storage of construction vehicles, materials, debris, spoils or equipment in areas with preserved trees. No filling, excavating or other land disturbance shall take place in areas with preserved trees. Before commencing any construction activity, the applicant shall construct tree protection barriers on the site to establish a tree protection zone (TPZ), the centroid of which shall be the trunk of the tree. If the tree's canopy is asymmetrical, the radius of the TPZ shall extend from the trunk to the furthest extent of the dripline. In all cases, the TPZ shall be no less than 10 feet from the trunk or to the dripline, whichever is greater.. If the area within the tree's dripline is affected by construction, the tree may be preserved but replacement plantings may be required by Urban Forestry as a part of the mitigation requirements. The Urban Forester may require other protective measures based upon the individual characteristics of the site and the proposed construction methods. Tree protection measures shall also protect any off -site trees, and the roots of which extend onto the site of the proposed construction. Any applicant damaging or destroying an off -site tree shall be required to mitigate such damage or destruction as prescribed by the Urban Forester. If the required barriers surrounding the areas with preserved trees are not adequately maintained during construction, the Urban Forester shall prescribe remedial measures and may issue a stop work order in accordance with §153.07(C). All remedial measures shall be completed within the specified amount of time and shall be considered prior to granting final plat approval or issuing a certificate of occupancy. 366 Created: 2025-06-24 11:40:36 [EST] (Supp. No. 37) Page 12 of 13 (Code 1991, §162.11; Ord. No. 3699, §11, 4-20-93; Ord. No. 3925, §8, 10-3-95; Ord. No. 3901, §1, 7-5- 95; Ord. No. 3963, §7, 4-16-96; Ord. No. 4008, §1, 12-17-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 5986, §36, 7-6-17) (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 13 of 13 167.04 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 not required to go through the subdivision or large scale development process. (9) Hillside/Hilltop Overlay District. An abbreviated tree preservation plan, as set forth in �167.04(H)(3), shall be submitted for projects located within the Hillside/Hilltop Overlay District that are not required to go through the development review process. wed Ith the preliminary plat or site plan. Single and two (2) family residential devele rne 6 11 s--hrn4t ;;n ;;hhrQv4;;NQd tree preseNation and site plan ;;t the ti f apply ng fer a build ng it. (10) Grading Permit. A tree presep, ati^n plan or aRAn abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for grading permits on projects that are not required to go through the development process. (11) Building Permits. Tree preservation requirements apply to all permit applications for developments of greater than 1,200 square feet of impervious area. An abbreviated tree preservation plan, as set forth in §167.04 (H)(3), shall be submitted with the application for building permits on projects that are not required to go through the subdivision, large scale development, or site improvement plan process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree preservation plan or review from Urban Forestry. (a) Person seeking to construct 1,200 square feet or less of impervious area are specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply. (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: (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 1 of 13 (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. (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 25% Acre (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 2 of 13 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 Acre — Eighteen Units per 20% R-O, Residential — Office 20% RI-12, Residential Intermediate — Twelve Units Per Acre 20% RI-U, Residential Intermediate — Urban 15% RMF-6, Multi -family Residential — Six Units per Acre 20% RMF-12, Multi -family Residential — Twelve Units per Acre 20% RMF-18, Multi -family Residential Acre — Eighteen Units per 20% RMF-24, Multi -family Residential Acre — Twenty -Four Units per 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% UN, Urban Neighborhood 15% UC, Urban Corridor 20% UT, Urban Thoroughfare 15% C-3, Central Business Commercial 15% DC, Downtown Core 10% MSC, Main Street Center 10% DG, Downtown General 10% NC, Neighborhood Conservation 20% 1-1, Heavy Commercial and Light Industrial 15% 1-2, General Industrial 15% P-1, Institutional 25% PZD, Planned Zoning District (HHOD) 25% (30%) All-godpn^^*,a zoning districts nd- C , this*'^*- within the Hillside/Hilltop Overlay District shall have their percent minimum canopy requirements increased by 5% to a total Fe ^^+.,f P-14her 30 er 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 (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 3 of 13 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. (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. (Supp. No. 37) (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. Created: 2025-06-24 11:40:36 [EST] Page 4 of 13 (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 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: (Supp. No. 37) (a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the natural drainage patterns; Created: 2025-06-24 11:40:36 [EST] Page 5 of 13 (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 —Sits, of Fayetteville'sTree PreseNati^^ or^+oG+;C)R and L andSGape nnaRua ,-Chapter 151: Definitions 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 implemented for their protection. These measures shall include, but need not be limited to, fencing, limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation, Protection and Landscape Manual for details, examples and specific checklists. Examples can be provided upon request to the Urban Forester. (3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between 1,201 to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do not fall under the requirements for developments required to go through the development review process of Technical Plat Review Committee, and/or Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan. (4) Analysis Report. The applicant shall submit an analysis report I.Afhe.n minimum pernent ' . iot rnet. The report shall detail the design appreaGhes used to Minirnize damage Ganepy that were r-onsidered On arriving at the pro esed design. - The report qh;;" alse detail proposed- ition eptions or neff_qsitte alternatives, as dPt;;Olodiled below -.prepared and signed by an International Society of Arboriculture (ISA)- (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 6 of 13 certified arborist when minimum percent canopy is not met. The report shall include the following: a) Tree Health and Structure Evaluation. The arborist shall conduct a Level 1: Limited Visual Assessment of the site. In conjunction with the site plan provided by the design professional, the arborist shall conduct, at their discretion, a Level 2: Basic Assessment or Level 3: Advanced Assessment of significant trees, as defined in �151, shown to be removed or impacted by the proposed development, and preserved trees showing signs of disease or damage. b) Feasibility of Preservation: Site constraints preventing preservation (e.g. topography, utility conflicts, etc.), evaluation of design modifications that could increase tree retention, and tree protection measures explored and their viability. c) Recommendations and Justification: Summary of why minimum preservation cannot be met, and a recommended course of action. On sites where invasive tree species, as defined in 177.09, are present, or where existing canopy is of low quality or limited extent, as determined by the urban forester, urban forestry staff may modify this requirement to prioritize the preservation of high -quality, non- invasive tree species. (5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas, preserved trees, and the physical limits of all protective measures on site required during construction. (6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree preservation plans shall not be required to submit analysis report. (7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation Easements for the added protection of trees preserved to meet percent minimum canopy requirements or trees planted, in those instances where such would be of mutual benefit to the applicant and the City of Fayetteville. (1) Request for On -Site Mitigation. (1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum canopy requirement must be incorporated with the applicant's tree preservation plan. (2) Plan Requirements. The tree preservation plan must graphically represent the species and location for all existing trees on -site. It shall also include a chart clearly stating the following information: (a) The number of trees requested for removal; (b) The percentage below the percent minimum canopy requirement they represent; and (c) The species and number of trees to be planted based on the forestation requirements below. (3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (4) Forestation Requirements. The number and species of trees required for forestation shall be based upon the quality of the canopy lost: (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 7 of 13 (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: (Supp. No. 37) (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(1)(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. (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. Created: 2025-06-24 11:40:36 [EST] Page 8 of 13 (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 Facades). (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 Facade. A green facade is created by growing climbing plants up and across the facade 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 facade 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 facade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green facade. (J) Request for Off -Site Alternatives. (1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in, and submitted concurrently with the applicant's tree preservation plan. (2) Off -Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or greater amount of canopy cover at a site within the city limits. (3) Off -Site Forestation. (Supp. No. 37) (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 Created: 2025-06-24 11:40:36 [EST] Page 9 of 13 applicant and located within the city limits. A tree preservation easement must be conveyed concurrently with or prior to submission of a final plat by the applicant to the city to protect any off -site preservation or forestation and the legal description of the tree preservation easement shall also appear on the final plat. (b) An applicant may plant and maintain mitigation trees needed for the applicant's development as to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city park or public right-of-way if expressly approved by City Council resolution. The City Council shall seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about the advisability of forestation of the nearby city park and may apply express conditions including requiring irrigation to be installed and regular maintenance to be performed by the applicant. (4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation, off -site preservation, off -site forestation, and on -site mitigation alternatives to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and maintenance for three (3) years. (a) Developments proposed as building permits under Level 2 as outlined in §166.02 (E)(2) are eligible for contribution to the tree escrow account as an option. (Supp. No. 37) (b) Residential developments which cannot achieve the base density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the money paid into the Tree Escrow Account to plant trees within the development along rights -of -way detention ponds, common areas or other areas where trees can be protected and have ahigh probability of survival to a mature tree. This shall be accomplished once the development is built out or as approved by the Urban Forester. (c) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a building permit on all commercial, industrial, or multi -family residential buildings and prior to final plat acceptance for all residential and non-residential subdivisions. (d) Money contributed under this section: (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either city staff or contract labor; (ii) Shall not revert to the general fund for ongoing operations. (e) If it is not possible to plant trees within the development, planting locations will be sought in appropriate sites within a 1 mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban forest analysis should be consulted when identifying appropriate locations to plant escrow funded trees. (f) The City of Fayetteville shall refund the portion of the money contributed under this section, including the accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on a 4% annual rate. Created: 2025-06-24 11:40:36 [EST] Page 10 of 13 (g) Refunds shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected. (h) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (i) The refund shall be made on a pro rata basis and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. Q) 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) Tree Preservation Easement Dedication. Large scale developments, large site improvements, and commercial preliminary plats are required to dedicate a tree preservation easement, if any existing trees are to be preserved. The tree preservation easement shall be the size of the minimum canopy preservation requirement, if possible. If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of approved tree preservation easements which shall be clearly depicted and noted on the easement plats for large scale developments, large and small site improvements, commercial final plats, and any plats with a tree preservation easement. This shall be accompanied by a narrative statement describing the nature of the protection afforded and bearing the signature of the Urban Forester. If it is impractical to include the actual depiction of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice. (2) Tree Preservation Easement Vacation. 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 (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 11 of 13 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. (3) Disturbance and Maintenance of Tree Preservation Easements. Property o,n,norc wishing to remove diseased or dead trees from within a recorded tree preservation easement shall seek ' ----i from the Urban Forester, who shall determine Of such removal is consistent lumth n ri 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, unles& the Urban Forester determines that natural replacements of sufficient health and vigor are already ;FeseRt OR the tree PFeSeFVatieRr ease me4#-. Tree preservation easements are established for the purpose of protecting and maintaining existing tree canopy into perpetuity. No grading, excavation, construction, trenching, or any other form of land disturbance or development activity is permitted within the boundaries of a recorded tree preservation easement. Property owners wishing to remove diseased or dead trees, or invasive vegetation of any kind 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 native or regionally appropriate tree species, unless the Urban Forester determines that natural replacements of sufficient health and vigor are already present in the tree preservation easement. Unauthorized removal, cutting, or disturbance of native trees or vegetation within a tree preservation easement constitutes a violation of this chapter and may result in enforcement actions including, but not limited to restoration requirements, and replanting with native or regionally appropriate species at the ratio specified in 167.04(I)(4)(a). (Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §6, 4-16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 4539 02-03-04; Ord. No. 4855, 4-18-06; Ord. No. 4930, 10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2-11; Ord. No. 5513, 7-17-12; Ord. No. 5773, 5-19-15; Ord. No. 5818, 10-20-15; Ord. No. 5824, §3, 11-17-15; Ord. No. 5945, §17, 1-17-17; Ord. No. 5986, §§4(Exh. A), 5-35, 7-6-17; Ord. No. 6442, §§1(Exh. Al), 2(Exh. B), 5(Exh. E), 6(Exh. F), 6-1-21; Ord. No. 6446, §9(Exh. D), 6-15-21; Ord. No. 6786, §§ 2-6, 8-20-24; Ord. No. 6793, § 5, 9-17-24; Ord. No. 6830, §4, 1-7-25; Ord. No. 6833, §7, 1-21-25) (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 12 of 13 167.05 Tree Protection Measures And Construction (A) Site Inspection. A preliminary site inspection followed by periodic inspections will be conducted by the Urban Forester to ensure compliance with the tree preservation plan. (B) Tree Protection. Trees illustrated as preserved on tree preservation plans shall be protected from construction activity to prevent impingement by or the storage of construction vehicles, materials, debris, spoils or equipment in areas with preserved trees. No filling, excavating or other land disturbance shall take place in areas with preserved trees. Before commencing any construction activity, the applicant shall construct tree protection barriers on the site to establish a tree protection zone (TPZ), the centroid of which shall be the trunk of the tree. If the tree's canopy is asymmetrical, the radius of the TPZ shall extend from the trunk to the furthest extent of the dripline. In all cases, the TPZ shall be no less than 10 feet from the trunk or to the dripline, whichever is greater. If the area within the tree's dripline is affected by construction, the tree may be preserved but replacement plantings may be required by Urban Forestry as a part of the mitigation requirements. along the tree dripline or 10 feet from the trunk, whicheveF as greater. The applicant shall also P05t signs [atj areas with preserved trees an accordance with the details, standards, specifications and gu The Urban Forester may require other protective measures based upon the individual characteristics of the site and the proposed construction methods. Tree protection measures shall also protect any off -site trees, and the roots of which extend onto the site of the proposed construction. Any applicant damaging or destroying an off -site tree shall be required to mitigate such damage or destruction as prescribed by the Urban Forester. If the required barriers surrounding the areas with preserved trees are not adequately maintained during construction, the Urban Forester shall prescribe remedial measures, and may issue a stop work order in accordance with §153.07(C). All remedial measures shall be completed within the specified amount of time and shall be considered prior to granting final plat approval or issuing a certificate of occupancy. (Code 1991, §162.11; Ord. No. 3699, §11, 4-20-93; Ord. No. 3925, §8, 10-3-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §7, 4-16-96; Ord. No. 4008, §1, 12-17-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 5986, §36, 7-6-17) (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 13 of 13 CITY OF FAYETTEVILLE ARKANSAS MEETING OF DECEMBER 2, 2025 CITY COUNCIL MEMO 2025-2259 TO: Mayor Rawn and City Council THRU: Keith Macedo, Chief of Staff Jonathan Curth, Development Services Director Jessica Masters, Planning Director FROM: Willa Thomason, Urban Forester SUBJECT: ADM-2025-0031 Administrative Item (AMEND UDC 167.04, TREE PRESERVATION AND PROTECTION, UDC 167.05, TREE PROTECTION MEASURES AND CONSTRUCTION): RECOMMENDATION: City Staff and Planning Commission recommend approval of ADM-2025-0031. BACKGROUND: In 2024, the City Council adopted a new Urban Forestry Management Plan (UFMP) to provide a ten-year strategic plan to preserve and expand the City's tree canopy. The overall benefits of canopy preservation and expansion acknowledged in the UFMP include carbon sequestration, reduction of urban heat islands, energy savings, reduction of stormwater runoff, improvement of air quality, enhancement of human health and wellness, and an increase in property values. Five guiding principles and 15 goals were established following an analysis of baseline data from a 2022 independent arborist assessment of the citywide urban forest, and internal and external stakeholder input. Through this analysis, preservation and protection of existing trees was identified as a high priority. Among the challenges to continued preservation and expansion of Fayetteville's urban forest identified in the 2024 Management Plan was the need for updated tree -preservation policy aligned with best practices and City priorities. In Appendix D, Ordinance Evaluation, the need to provide incentives for tree preservation rather than mitigation was established as a top priority. These proposed ordinance changes seek to clarify existing policy, as suggested in Appendix D, and to address Goal C2, to "update or amend tree -related ordinances to support the citywide canopy cover goal and other goals in the plan." Priority actions to support this goal include developing incentives to preserve existing canopy rather than opting for mitigation, and conservation and protection of significant green spaces through protective easements and other development provisions. Amendments to bring the Unified Development Code (UDC) into alignment with the UFMP are recommended to: • 167.04(H)(4) Analysis Report to implement a requirement for projects not meeting their minimum canopy requirement on -site to submit an analysis report prepared by an International Society of Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 Arboriculture (ISA)-certified arborist. • 167.04(L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree Preservation Easements to add clarifying subsection titles, and to create a new subsection describing the extent of activity permitted within a tree preservation easement. • 167.05(B) Tree Protection to clarify and strengthen the City of Fayetteville's tree protection standards. • 167.04(A)(8) Parking Lots to clarify the tree preservation plan requirements for parking lot permit applications. • 167.04(A)(9) Hillside/Hilltop Overlay District to clarify the tree preservation plan requirements for applicants seeking building or grading permits within the HHOD. This change is needed following the 2024 amendment to §167.04 that introduced the abbreviated tree preservation plan requirement for projects between 1,200 and 6,000 sq. ft. of impervious surface. • 167.04(A)(10) Grading Permit to clarify the tree preservation plan submittal requirements for grading permits on projects not required to go through the development process. • 167.04(C) Canopy Area requiring all zoning districts within the HHOD to submit a tree preservation plan, rather than just those with residential and C-1 designations. • 167.04(H)(1)(d) to clarify the location within the UDC of the definition of "significant trees". The proposed amendments to the City's Tree Preservation and Protection code directly support the overarching policy that "preservation shall be the first, best, and standard approach." Requiring an ISA-certified arborist to prepare an analysis report for projects that cannot meet their on -site canopy requirements (§167.04(H)(4)) ensures a higher level of professional accountability and informed decision -making regarding tree loss. Clarifications to preservation easement standards (§167.04(L)) and strengthened tree protection fencing measures (§167.05(B)) will provide clearer guidance and more enforceable protections for existing canopy. A scrivener's error correction will clarify the tree preservation plan requirements for parking lot permit applications (§167.04(A)(8). Updates to HHOD-related requirements (§167.04(A)(9), §167.04(C)) expand preservation planning in environmentally sensitive areas, ensuring that development in vulnerable terrains does not come at the expense of long-term ecological health. The update to tree preservation plan requirements for grading permits on projects not required to undergo the development review process (§ 1 67.04(A)(1 0) specifies that an abbreviated tree preservation plan, rather than a standard tree preservation plan, is required. Finally, improved clarity around the definition and location of "significant trees" (§167.04(H)(1)(d)) reinforces the value of preserving high -impact trees across all projects. Together, these amendments close critical gaps in the City's regulatory framework, aligning code implementation more closely with the intent of §167—to preserve the existing tree canopy as a key public asset and environmental resource. Public Comment: Staff and the Planning Commission received comments in support of and in opposition to these proposed code changes. Those in support spoke in favor of preservation of the existing urban canopy, expressing the importance of increasing tree preservation throughout the City, particularly in the HHOD. Those in opposition expressed concerns about the potential costs and time added to projects required to hire an ISA- certified arborist, as well as skepticism regarding an ISA-certified arborists qualifications to evaluate civil plans. DISCUSSION: The proposed amendments were first heard by the Planning Commission at the July 28, 2025 meeting, where the proposal was tabled at staff's request to afford additional time for legal vetting and public awareness. Further consideration occurred at the August 11th and August 25th Planning Commission meetings, including commentary from a prominent local arborist, before the item was indefinitely tabled. Forestry staff then met with the Planning Commission's Long -Range Planning Subcommittee on September 18th to discuss commissioner concerns and questions, after which updates and edits were made. Input sought from potential Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 stakeholders throughout the public hearing process saw several changes made in response. At the October 27, 2025 Planning Commission meeting, Commissioner Werner made a motion to bring the item back from the table, with Commissioner Madden offering the second. The item was reopened with a vote of 8-1-0, and a vote of 7-2-0 forwarded this item to the City Council with a recommendation of approval. Commissioner Gulley made the motion with Commissioner Werner offering the second. Commissioners Payne and Brink were opposed. Commissioners in support of the proposed amendments argued that the requirement to contract an ISA-certified arborist to evaluate site plans when minimum tree preservation requirements have not been met is not a burdensome requirement, and that they do not consider the local pool of ISA-certified arborists to be particularly small. Additionally, Commissioners in support of this item cited that the involvement of an ISA-certified arborist early on in the site design process should limit the need to modify designs later on. Multiple Commissioners who voted both in support of and in opposition to these amendments voiced concerns that the phrase "development activities" may be interpreted by staff to mean something different to "development" as defined in UDC §151. Commissioner Brink, who voted in opposition to the proposed code changes, voiced concerns that there is not an adequate labor pool of arborists to complete the potential volume of reports developers will request. Two members of the public spoke at the meeting, both in favor. Public comments are summarized above, and written comments are attached to the staff's packet. BUDGET/STAFF IMPACT: N/A ATTACHMENTS: 3. Exhibit A - Proposed Ordinance (Clean), 4. Exhibit B - Proposed Ordinance (Strikethrough), 5. Exhibit C - Public Comment Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Legislation Text File #: 2025-2259 AN ORDINANCE TO ALIGN THE UNIFIED DEVELOPMENT CODE WITH THE URBAN FORESTRY MANAGEMENT PLAN BY AMENDING § 167.04, TREE PRESERVATION AND PROTECTION AND § 167.05, TREE PROTECTION MEASURES AND CONSTRUCTION WHEREAS, on December 4, 2024, City Council passed Resolution 298-24 adopting the Urban Forestry Management Plan to provide a ten-year strategic plan to preserve and expand the City's tree canopy and recommend updates to the City's tree preservation policies; and WHEREAS, priority actions include developing incentives to preserve existing canopy rather than opting for mitigation, and conservation and protection of significant green spaces through protective easements and other development provisions.; and WHEREAS, on October 27, 2025, the Planning Commission recommended approval of all amendments by a vote of 7-2. 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, Tree Preservation and Protection by repealing it in its entirety and enacting a replacement § 167.04 as shown in Exhibit A attached hereto. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 167.05, Tree Protection Measures and Construction by repealing it in its entirety and enacting a replacement § 167.05 as shown in Exhibit A attached hereto. Page 1 Thomason, Willa To: Masters, Jessica Subject: RE: Proposed Code Changes - Tree Preservation - 167.04/167.05 From: Aaron Wirth <aaron@cobblestonehomes.info> Sent: Tuesday, August 12, 2025 11:08 AM To: Thomason, Willa <wthomason@favetteville-ar.gov> Cc: Curth, Jonathan <icurth@favetteville-ar.gov>; Madison Melton <madie@cobblestonehomes.info>; Masters, Jessica <0masters @favetteville-ar.gov>; Douglas, Bethany <bdouglas@favetteville-ar.gov> Subject: Re: Proposed Code Changes - Tree Preservation - 167.04/167.05 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning Willa, You bet, and thank you for the response! We will keep at it out here. AW From: Thomason, Willa <wthomason@favetteville-ar.gov> Sent: Monday, August 11, 2025 8:47 AM To: Aaron Wirth Cc: Curth, Jonathan; Madison Melton; Masters, Jessica; Douglas, Bethany Subject: RE: Proposed Code Changes - Tree Preservation - 167.04/167.05 Hi Aaron, Thanks for looping me in! If these proposed code changes are enacted, projects with tree preservation plans that have already been submitted and approved, including Brooklands Phases 5, 6, and 7 (PPL-2022-0008/GRD-2023- 0006), will not be subject to the new requirements. We will honor the plans that were stamped for construction on 8/14/24. The proposed code changes will affect projects at the entitlement and grading permit phases but will not change the requirements for final landscaping inspections at the time of C of 0 application. Please let me know if you have any more questions! Willa Thomason, M.S., ISA Certified Arborist Urban Forester Development Services City of Fayetteville, Arkansas (479) 444-3486 Website I Facebook I Twitter I Instagram I YouTube CITY OF WOO FAYETTEVILLE ARKANSAS From: Aaron Wirth <aaron@cobblestonehomes.info> Sent: Friday, August 8, 2025 9:13 AM To: Thomason, Willa <wthomason@favetteville-ar.gov> Cc: Curth, Jonathan <icurth@fayetteville-ar.gov>; Madison Melton <madie@cobblestonehomes.info> Subject: Fw: Proposed Code Changes -Tree Preservation - 167.04/167.05 CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Good Morning Willa - First of all, thanks for sending this info out so as to limit surprises. I had a great meeting with Jonathan yesterday (set up previous to this) and we touched on this item, and we agreed to loop you in via email. My understanding is that this will not affect my Brooklands phase 5,6 & 7 and there will remain nothing additional required especially at the time of building the homes (Abbreviated tree plan, etc). As a reminder these are the projects that you and Jonathan toured with Madi and I with the various phases. If missing anything, please let us know. Q Thanks for you help, AW From: Masters, Jessica <imasters@favetteville-ar.gov> Sent: Wednesday, August 6, 2025 4:11 PM To: Masters, Jessica <imasters@favetteville-ar.gov> Cc: Curth, Jonathan <icurth@favetteville-ar.gov>; Thomason, Willa <wthomason@favetteville-ar.gov>; Douglas, Bethany <bdouglas@fayettevil le-ar.gov> Subject: Proposed Code Changes - Tree Preservation - 167.04/167.05 Good afternoon, I am reaching out to you today to make you aware of proposed changes to the tree preservation requirements that will be going to the Planning Commission on Monday, August 11 for consideration. The proposed changes have been presented to the Urban Forestry Advisory Board, and have been workshopped with City staff to align with the stated goals and objectives of the Urban Forestry Management Plan that was adopted by City Council in 2024. 1 have attached a draft of staff's memo on the item for your consideration. Since they will have an effect on the development community, I wanted to make sure you were informed. Members of the public are invited to attend the Planning Commission meeting, which will begin at 5:30 PM, and will be held in room 219 in City Hall. A zoom option is also available, and information about how to attend virtually can be found at this link: https://www.fayetteville-ar.gov/3949/Zoom-Meeting- Instructions Thank you, and please let me know if you have any questions. Jessie Jessie Masters, AICP Planning Director Development Services City of Fayetteville, Arkansas (479) 575-8239 www.faVetteville-ar.gov Website I Facebook I Twitter I Instagram I YouTube r -v nc FAYETTEVILLE ARKANSKANSAS Thomason, Willa To: Masters, Jessica Subject: RE: City of Fayetteville Tree Ordinance - Proposed ISA Arborist Report Requirement From: Justin Ulmer <wildrootstree@gmail.com> Sent: Tuesday, August 19, 2025 8:50 AM To: Thomason, Willa <wthomason@favetteville-ar.gov> Subject: Re: City of Fayetteville Tree Ordinance - Proposed ISA Arborist Report Requirement CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Hello Willa, Thank you for reaching out. This appears to bean excellent opportunity to address the concerns you have raised, as our mature urban trees and the overall canopy are of paramount importance for numerous reasons. I conduct between five and ten ISATree Risk Assessments per month, and the pricing may slightly vary depending on the specific circumstances, as you are aware. Please find below a concise outline of our pricing structure, presented in a ballpark manner with the price listed at the upper end of the range. Single to Two Mature Trees, Level 1 Assessment with Written Report: $150 Level3 Canopy Assessment: $350 Five to Ten Mature Trees Within 0.5 Acre or Less, Level 1 Assessment with Written Report: $400 Level3 Canopy Assessment: $1200 Single to Two Acres, Overall Stand and Canopy Level 1 Report with Written Assessment and Mapping: $1000 Canopy Assessment on as Needed Basis: $200/tree Areas Larger Than 2 Acres for General Risk Assessment and Canopy Reports: $225/hour with Formal Report Please note that these pricing figures are indicative of our operational efficiency and commitment to delivering high -quality products. I cannot provide a comprehensive assessment of the industry as a whole. Thank you again for your inquiry. Please do not hesitate to contact me if you require any further information. . Justin Ulmer On Wed, Aug 13, 2025 at 10:01 AM Thomason, Willa <wthomasonC«-ofayetteville-ar.gov> wrote: Good morning, The City of Fayetteville's urban forestry staff is working to enact several ordinance changes, one of which would require developers to submit an assessment from an ISA-certified arborist when the proposed tree preservation falls below the minimum percentage required for the zoning designation of their project. We would like to know what cost this may incur, whether that depends on the density of canopy on -site, or the size of the development, so we can share that information with the Planning Commission at the upcoming hearing on August 25. I have attached the report I shared with the Planning Commission this past Monday, and the language specifying the proposed requirement to submit an independent arborist assessment is detailed under 167.04(H)(4). We would greatly appreciate any feedback you can provide regarding how you would estimate the cost of this type of assessment. Thankyou! Willa Thomason, M.S., ISA Certified Arborist Urban Forester Development Services City of Fayetteville, Arkansas (479) 444-3486 Website I Facebook I Twitter I Instagram I YouTube CITY OF WA FAYETTEVILLE ARKANSAS Thomason, Willa From: Jeremy Williams <jeremy@treeclimbersllc.com> Sent: Monday, August 25, 2025 5:30 PM To: Thomason, Willa Cc: Douglas, Bethany; Masters, Jessica Subject: Re: City of Fayetteville Tree Ordinance - Proposed ISA Arborist Report Requirement CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. Generally as an arborist I'm brought in after the fact and am only given partial information. Most of the time it's after plans are set and I'm constantly left in the dark regarding plan options. The most common thing I see is being asked to provide root pruning on projects after approval only to see that that there is no feasible way to perform said work without creating a safety hazard. The biggest issue I have on the ground is the legal inability to trespass on neighboring properties to measure and assess the trees off site which I feel is a great requirement but not legal. Jeremy Williams, ASCA Registered Consulting Arborist #801 ISA Board Certified Master Arborist #SO-6263BT ISA Qualified Tree Risk Assessor ASCA Tree and Plant Appraisal Qualified ISA Certified Climber Specialist ISA Southern Wildfire Risk Reduction Instructor TCIA Tree Care Safety Professional #1267 NCCER Certified Crane Operator Tree Climbers LLC Arkansas first and only Accredited Tree Care Company www.TreeCLimbersLLC.com On Aug 25, 2025, at 4:54 PM, Thomason, Willa <wthomason@fayetteville-ar.gov> wrote: Jeremy, I appreciate your feedback! I started this position in time to review some of the plans for 151 W Dickson St. and, with that, reviewed the arborist reports you wrote throughout the design process. I'm curious to know whether you identified inaccuracies in the tree locations in relation to the proposed buildings when you completed your analysis of that site. I think our hope is that the arborist reports will serve as ground-truthing that City staff do not have capacity for. We do not intend to have additional reports submitted with each revision —the baseline assessments should be sufficient for Bethany and Ito assess the impact of revisions on existing trees. Again, we really appreciate your feedback! Thanks, Willa Thomason, M.S., ISA Certified Arborist Urban Forester Development Services City of Fayetteville, Arkansas (479) 444-3486 Website I Facebook I Twitter I Instagram I YouTube <image001.png> From: Jeremy Williams <jeremy@treeclimbersllc.com> Sent: Monday, August 25, 2025 4:30 PM To: Thomason, Willa <wthomason@fayetteville-ar.gov> Subject: Re: City of Fayetteville Tree Ordinance - Proposed ISA Arborist Report Requirement CAUTION: This email originated from outside of the City of Fayetteville. Do not click links or open attachments unless you recognize the sender and know the content is safe. The cost would be based hourly with any ancillary costs attached. Based on the availability of the information requested I would estimate $1,500-$5,000 per report plus fees to have survey and drafting performed. I appreciate and feel that the intent is good however my concern is the likely net result is going to be ending up with a flood of civil or LA arborists writing bogus reports not due to malice but lack of real knowledge only because they have the in house survey and drafting teams. Arborists generally do not. At least practicing arborists. The concern I would have doing a report like this is how to guarantee the accuracy of tree location and their relationship to design elements. Tree location on civil plans is largely inaccurate as a general rule. Would you require an additional arborist report with each plan revision? After a plan change the report would then become inaccurate. The drafting and accuracy issues are my primary concerns. Getting meaningful drawings with accurate tree locations would be the crux of the issue. Jeremy Williams, ASCA Registered Consulting Arborist #801 ISA Board Certified Master Arborist #SO-6263BT ISA Qualified Tree Risk Assessor ASCATree and Plant Appraisal Qualified ISA Certified Climber Specialist ISA Southern Wildfire Risk Reduction Instructor TCIA Tree Care Safety Professional #1267 NCCER Certified Crane Operator Tree Climbers LLC Arkansas first and only Accredited Tree Care Company www.TreeCLimbersLLC.com On Aug 13, 2025, at 10:08 AM, Thomason, Willa <wthomason@fayetteville- a r. ov> wrote: Good morning, The City of Fayetteville's urban forestry staff is working to enact several ordinance changes, one of which would require developers to submit an assessment from an ISA-certified arborist when the proposed tree preservation falls below the minimum percentage required for the zoning designation of their project. We would like to know what cost this may incur, whether that depends on the density of canopy on - site, or the size of the development, so we can share that information with the Planning Commission at the upcoming hearing on August 25. 1 have attached the report I shared with the Planning Commission this past Monday, and the language specifying the proposed requirement to submit an independent arborist assessment is detailed under 167.04(H)(4). We would greatly appreciate any feedback you can provide regarding how you would estimate the cost of this type of assessment. Thankyou! Willa Thomason, M.S., ISA Certified Arborist Urban Forester Development Services City of Fayetteville, Arkansas (479) 444-3486 Website I Facebook I Twitter I Instagram I YouTube <image001.png> <ADM-2025-0031 PC Report.pdf> 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 not required to go through the subdivision or large scale development process. (9) Hillside/Hilltop Overlay District. A tree preservation plan or an abbreviated tree preservation plan, as set forth in �167.04(H)(3), shall be submitted for projects located within the Hillside/Hilltop Overlay District. Undeveloped Iond- ,A,ithin the Hinoirle Hillt„n n„erl�„ D'strffir--t 16hall isiubmita tree preservation plan with the preliminary plat or site plan. Single and two (2) family residential abbreviated tree presepV-Minn andsit plan of the time of applying for a building permit (10) Grading Permit. A tree preservation plan or an abbreviated tree preservation plan, as set forth in §167.04(H)(3), shall be submitted with the application for grading permits on projects that are not required to go through the development process. (11) Building Permits. Tree preservation requirements apply to all permit applications for developments of greater than 1,200 square feet of impervious area. An abbreviated tree preservation plan, as set forth in §167.04 (H)(3), shall be submitted with the application for building permits on projects that are not required to go through the subdivision, large scale development, or site improvement plan process. There shall be no land disturbance, grading, or tree removal until an abbreviated tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (12) Exemptions. Projects not listed above or not impacting tree canopy are not required to submit a tree preservation plan or review from Urban Forestry. (a) Person seeking to construct 1,200 square feet or less of impervious area are specifically exempt from the provisions of this section except when the land is located within the Hillside/Hilltop Overlay District; then all the provisions of this ordinance shall apply. (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. (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 1 of 13 (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. (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 25% Acre RSF-1, Single-family Residential — One Unit per Acre 25% RSF-2, Single-family Residential — Two Units per Acre 20% (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 2 of 13 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 Acre — Eighteen Units per 20% R-O, Residential — Office 20% RI-12, Residential Intermediate —Twelve Units Per Acre 20% RI-U, Residential Intermediate — Urban 15% RMF-6, Multi -family Residential — Six Units per Acre 20% RMF-12, Multi -family Residential — Twelve Units per Acre 20% RMF-18, Multi -family Residential Acre — Eighteen Units per 20% RMF-24, Multi -family Residential Acre — Twenty -Four Units per 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% UN, Urban Neighborhood 15% UC, Urban Corridor 20% UT, Urban Thoroughfare 15% C-3, Central Business Commercial 15% DC, Downtown Core 10% MSC, Main Street Center 10% DG, Downtown General 10% NC, Neighborhood Conservation 20% 1-1, Heavy Commercial and Light Industrial 15% 1-2, General Industrial 15% P-1, Institutional 25% PZD, Planned Zoning District HHOD 25% 30% All residential zoning districts and r 1 districts within the Hillside/Hilltop Overlay District shall have their percent minimum canopy requirements increased by 5% t a total requirement of either 30 251 (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. (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 3 of 13 (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. (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. (Supp. No. 37) (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 Created: 2025-06-24 11:40:36 [EST] Page 4 of 13 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 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: (Supp. No. 37) (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; Created: 2025-06-24 11:40:36 [EST] Page 5 of 13 (d) Any significant trees, as defined in the Cite -o-€ayetteville's Tree Preservation Protection and Landscape Manual, Chapter 151: Definitions 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, Q) Any other factors that may impact the design of the site. (2) Additional Tree Preservation Plan Content. The applicant shall indicate all proposed site improvements, and delineate in the tree preservation plan the trees to be retained on -site, and the measures to be implemented for their protection. These measures shall include, but need not be limited to, fencing, limits of root pruning, as well as restrictions on traffic and material storage. The plan shall also clearly depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation, Protection and Landscape Manual for details, examples and specific checklists. Examples can be provided upon request to the Urban Forester. (3) Abbreviated Tree Preservation Plan. Applicants requesting approval of development projects for between 1,201 to 10,000 square feet of impervious area that require building permits, grading, or parking lot permits, but that do not fall under the requirements for developments required to go through the development review process of Technical Plat Review Committee, and/or Planning Commission, shall prepare and submit an abbreviated tree preservation plan. The information for an abbreviated tree preservation plan may be combined with the site plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the Urban Forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit an analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan. (4) Analysis Report. The applicant shall submit an analysis report when minimum percent canopy is not met. The report shall detail the design approaches used to minimize damage Written justifir--ation sh-all be presented as to why individual trees Or Ganepy must be removed. The repGrt shall alse detail proposed on site mitigation eptions ar eff-site altematives, as detailed prepared and signed by an International Society of Arboriculture (ISA)- certified arborist when minimum percent canopy is not met. The report shall include the following: (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 6 of 13 a) Tree Health and Structure Evaluation. The arborist shall conduct a Level 1: Limited Visual Assessment of the site. In conjunction with the site plan provided by the design professional, the arborist shall conduct, at their discretion, a Level 2: Basic Assessment or Level 3: Advanced Assessment of significant trees, as defined in §151, shown to be removed or impacted by the proposed development, and preserved trees showing signs of disease or damage. b) Feasibility of Preservation: Site constraints preventing preservation (e.g. topography, utility conflicts, etc.), evaluation of design modifications that could increase tree retention, and tree protection measures explored and their viabilitv. Recommendations and Justification: Summary of why minimum preservation cannot be �t. and a recommended course of action. On sites where invasive tree species, as defined in §177.09, are present, or where existing canopy is of low quality or limited extent, as determined by the urban forester, urban forestry staff may modify this requirement to prioritize the preservation of high -quality, non- invasive tree species. (5) Grading and Utility Plans. All subsequent grading and utility plans shall depict Tree Preservation Areas, preserved trees, and the physical limits of all protective measures on site required during construction. (6) Submittal Requirements. The applicant shall submit a tree preservation plan. Development plans with removal of tree canopy below percent minimum canopy shall submit an analysis report to the Urban Forester, concurrently with their tree preservation plan. Applicants submitting abbreviated tree preservation plans shall not be required to submit analysis report. (7) Tree Preservation Easements. The City of Fayetteville shall encourage the use of Tree Preservation Easements for the added protection of trees preserved to meet percent minimum canopy requirements or trees planted, in those instances where such would be of mutual benefit to the applicant and the City of Fayetteville. (1) Request for On -Site Mitigation. (1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum canopy requirement must be incorporated with the applicant's tree preservation plan. (2) Plan Requirements. The tree preservation plan must graphically represent the species and location for all existing trees on -site. It shall also include a chart clearly stating the following information: (a) The number of trees requested for removal; (b) The percentage below the percent minimum canopy requirement they represent; and (c) The species and number of trees to be planted based on the forestation requirements below. (3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual. (4) Forestation Requirements. The number and species of trees required for forestation shall be based upon the quality of the canopy lost: (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 7 of 13 (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: (Supp. No. 37) (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(1)(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. (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. Created: 2025-06-24 11:40:36 [EST] Page 8 of 13 (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 Facades). (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 Facade. A green facade is created by growing climbing plants up and across the facade 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 facade 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 facade shall be done based from a ratio of 1 square foot of tree canopy to 2.5 square feet of green facade. (J) Request for Off -Site Alternatives. (1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated in, and submitted concurrently with the applicant's tree preservation plan. (2) Off -Site Preservation. The applicant may seek approval of the Urban Forester to preserve an equal or greater amount of canopy cover at a site within the city limits. (3) Off -Site Forestation. (Supp. No. 37) (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 Created: 2025-06-24 11:40:36 [EST] Page 9 of 13 applicant and located within the city limits. A tree preservation easement must be conveyed concurrently with or prior to submission of a final plat by the applicant to the city to protect any off -site preservation or forestation and the legal description of the tree preservation easement shall also appear on the final plat. (b) An applicant may plant and maintain mitigation trees needed for the applicant's development as to fulfill the obligation set forth in Chapter 167, Tree Preservation and Protection, in a nearby city park or public right-of-way if expressly approved by City Council resolution. The City Council shall seek advice from the Urban Forester, Parks and Recreation Department staff and citizens about the advisability of forestation of the nearby city park and may apply express conditions including requiring irrigation to be installed and regular maintenance to be performed by the applicant. (4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site mitigation, off -site preservation, off -site forestation, and on -site mitigation alternatives to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund $425.00 as three (3) years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four (4) years to ensure it remains the fair market costs for tree planting and maintenance for three (3) years. (a) Developments proposed as building permits under Level 2 as outlined in §166.02 (E)(2) are eligible for contribution to the tree escrow account as an option. (Supp. No. 37) (b) Residential developments which cannot achieve the base density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The city shall use the money paid into the Tree Escrow Account to plant trees within the development along rights -of -way detention ponds, common areas or other areas where trees can be protected and have ahigh probability of survival to a mature tree. This shall be accomplished once the development is built out or as approved by the Urban Forester. (c) Money contributed in lieu of on -site mitigation or off -site forestation shall be paid prior to issuance of a building permit on all commercial, industrial, or multi -family residential buildings and prior to final plat acceptance for all residential and non-residential subdivisions. (d) Money contributed under this section: (i) May be used for canopy mitigation, including planting site identification, tree acquisition, planting, and maintenance, utilizing either city staff or contract labor; (ii) Shall not revert to the general fund for ongoing operations. (e) If it is not possible to plant trees within the development, planting locations will be sought in appropriate sites within a 1 mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to §167.04(J)(2) and (3). Data extracted from the urban forest analysis should be consulted when identifying appropriate locations to plant escrow funded trees. (f) The City of Fayetteville shall refund the portion of the money contributed under this section, including the accrued interest that has not been expended seven (7) years from the date of the contribution. Interest shall be based on a 4% annual rate. Created: 2025-06-24 11:40:36 [EST] Page 10 of 13 (g) Refunds shall be paid to the present owner of the property that was the subject of new development and against which the fee was assessed and collected. (h) Notice of the right to a refund, including the amount of the refund and the procedure for applying for and receiving the refund, shall be sent or served in writing to the applicant no later than thirty (30) days after the date which the refund becomes due. The sending by regular mail of the notices to the applicant shall be sufficient to satisfy the requirement of notice. (i) The refund shall be made on a pro rata basis and shall be paid in full no later than ninety (90) days after the date certain upon which the refund becomes due. Q) 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) Tree Preservation Easement Dedication. Large scale developments, large site improvements, and commercial preliminary plats are required to dedicate a tree preservation easement, if any existing trees are to be preserved. The tree preservation easement shall be the size of the minimum canopy preservation requirement, if possible. If the minimum tree preservation canopy is not available, the applicant will not be required to dedicate the minimum canopy preservation. The applicant will have to dedicate a tree preservation easement that is agreed upon with The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are put on notice as to the existence and extent of approved tree preservation easements which shall be clearly depicted and noted on the easement plats for large scale developments, large and small site improvements, commercial final plats, and any plats with a tree preservation easement. This shall be accompanied by a narrative statement describing the nature of the protection afforded and bearing the signature of the Urban Forester. If it is impractical to include the actual depiction of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing an accompanying document shall suffice. (2) Tree Preservation Easement Vacation. 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 (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 11 of 13 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. (3) Disturbance and Maintenance of Tree Preservation Easements. Property o,n,norc wishing to remove diseased or dead trees from within a recorded tree preservation easement shall seek ' ----i from the Urban Forester, who shall determine Of such removal is consistent lumth n ri 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, unles& the Urban Forester determines that natural replacements of sufficient health and vigor are already PFeseRt OR the tree preservatieRr easeme4#-. Tree preservation easements are established for the purpose of protecting and maintaining existing tree canopy into perpetuity. No grading, excavation, construction, trenching, or any other form of land disturbance or development activity is permitted within the boundaries of a recorded tree preservation easement. Property owners wishing to remove diseased or dead trees, or invasive vegetation of any kind 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 native or regionally appropriate tree species, unless the Urban Forester determines that natural replacements of sufficient health and vigor are already present in the tree preservation easement. Unauthorized removal, cutting, or disturbance of native trees or vegetation within a tree preservation easement constitutes a violation of this chapter and may result in enforcement actions including, but not limited to restoration requirements, and replanting with native or regionally appropriate species at the ratio specified in 167.04(I)(4)(a). (Code 1991, §162.10; Ord. No. 2699, §10, 4-20-93; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §6, 4-16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 4539 02-03-04; Ord. No. 4855, 4-18-06; Ord. No. 4930, 10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2-11; Ord. No. 5513, 7-17-12; Ord. No. 5773, 5-19-15; Ord. No. 5818, 10-20-15; Ord. No. 5824, §3, 11-17-15; Ord. No. 5945, §17, 1-17-17; Ord. No. 5986, §§4(Exh. A), 5-35, 7-6-17; Ord. No. 6442, §§1(Exh. Al), 2(Exh. B), 5(Exh. E), 6(Exh. F), 6-1-21; Ord. No. 6446, §9(Exh. D), 6-15-21; Ord. No. 6786, §§ 2-6, 8-20-24; Ord. No. 6793, § 5, 9-17-24; Ord. No. 6830, §4, 1-7-25; Ord. No. 6833, §7, 1-21-25) (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 12 of 13 167.05 Tree Protection Measures And Construction (A) Site Inspection. A preliminary site inspection followed by periodic inspections will be conducted by the Urban Forester to ensure compliance with the tree preservation plan. (B) Tree Protection. Trees illustrated as preserved on tree preservation plans shall be protected from construction activity to prevent impingement by or the storage of construction vehicles, materials, debris, spoils or equipment in areas with preserved trees. No filling, excavating or other land disturbance shall take place in areas with preserved trees. Before commencing any construction activity, the applicant shall construct tree protection barriers on the site to establish a tree protection zone (TPZ), the centroid of which shall be the trunk of the tree. If the tree's canopy is asymmetrical, the radius of the TPZ shall extend from the trunk to the furthest extent of the dripline. In all cases, the TPZ shall be no less than 10 feet from the trunk or to the dripline, whichever is greater. If the area within the tree's dripline is affected by construction, the tree may be preserved but replacement plantings may be required by Urban Forestry as a part of the mitigation requirements. along the tree dripline or 10 feet frorn the trunk, whichever 65 greater. The applicant shall also P05t signs [atj areas with preserved trees an accordance with the details, standards, specifications and . The Urban Forester may require other protective measures based upon the individual characteristics of the site and the proposed construction methods. Tree protection measures shall also protect any off -site trees, and the roots of which extend onto the site of the proposed construction. Any applicant damaging or destroying an off -site tree shall be required to mitigate such damage or destruction as prescribed by the Urban Forester. If the required barriers surrounding the areas with preserved trees are not adequately maintained during construction, the Urban Forester shall prescribe remedial measures, and may issue a stop work order in accordance with §153.07(C). All remedial measures shall be completed within the specified amount of time and shall be considered prior to granting final plat approval or issuing a certificate of occupancy. (Code 1991, §162.11; Ord. No. 3699, §11, 4-20-93; Ord. No. 3925, §8, 10-3-95; Ord. No. 3901, §1, 7-5-95; Ord. No. 3963, §7, 4-16-96; Ord. No. 4008, §1, 12-17-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01; Ord. No. 5986, §36, 7-6-17) (Supp. No. 37) Created: 2025-06-24 11:40:36 [EST] Page 13 of 13