HomeMy WebLinkAboutOrdinance 3699 ORDINANCE NO. -iF, 99
AN ORDINANCE REGULATING THE PLANTING, MAINTENANCE,
AND REMOVAL OF TREES ON PUBLIC GROUNDS AND IN NEW
SUBDIVISIONS, LARGE SCALE DEVELOPMENTS, AND
COMMERCIAL DEVELOPMENTS; PROVIDING PROTECTION FOR
RARE AND LANDMARK TREES; AND PROVIDING FOR REMOVAL
OF HAZARDOUS TREES.
WHEREAS, the trees located in the City of Fayetteville are a valuable natural resource
which need to be protected.
NOW THEREFORE, TO PROTECT THIS NATURAL RESOURCE, BE IT
ORDAINED BY THE COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS :
Section 1 . PURPOSE. It is the purpose of this ordinance to preserve and enhance the
natural beauty of Fayetteville, to protect the health and safety of the residents of Fayetteville,
and to protect the environment, by providing for regulation of the planting, maintenance, and
removal of trees within the City of Fayetteville, in order to accomplish where possible, the
following objectives:
A. To create a desirable environment for Fayetteville residents, businesses and industries.
B. To moderate effects of sun, wind, and temperature changes.
C . To buffer noise, air and visual pollution.
D. To filter pollutants from the air and release oxygen.
E. To decrease storm water runoff.
F. To stabilize soil and prevent erosion.
G. To provide habitat for wildlife.
H. To increase property values and protect investment.
I. To preserve desirable trees.
J. To help preserve river and stream banks.
K. To screen incompatible land uses.
L. To establish minimum site management requirements for trees protected by this
ordinance.
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Ordinance No. �3 99
April 20, 1993
M . To encourage public education about trees and landscaping and their value.
N . To analyze a site before a site's natural state is disturbed.
O. To promote energy conservation.
Section 2 . DEFINITIONS .
A. City of Fayetteville Landscape Manual. A document having detailed instructions
for preparing tree preservation plans and standards and specifications for tree protection,
planting, maintenance, and design.
B. Commercial Development. Any development in an R-0. Commercial or Industrial
Zone and any Conditional Use in any other zone which permits activities usually conducted
within an R-0, Commercial or Industrial zone.
C. Commercial Tree Pruner\Service. A person who performs work on trees for
profit.
D. Development. To make a physical change in the use or appearance of the land.
E. Diameter Breast Height (DBH) . The diameter of a tree measured at a point 4 and
1\2 feet above the ground.
F. Dripline. An imaginary vertical line that extends downward from the outermost tips
of the tree branches to the ground.
G. Hazardous Tree. A tree or tree parts with high probability of falling or causing
injury or property loss; also, a tree harboring insects or a disease that could be detrimental to
surrounding trees.
H. Land Disturbance. Clearing, scraping, grubbing, or otherwise removing or
destroying the vegetation of a site; or adding, removing, exposing, excavating, leveling, grading,
digging, tunneling, trenching, burrowing, dumping, piling, dredging, or otherwise significantly
disturbing the soil, mud, sand, or rock of a site.
1. Landmark Tree. A landmark tree is any tree listed with the State or National
Registry or cited in the City's Tree Registry as being historically significant.
J. Mature Canopy Area. The shade area a tree will provide at maturity.
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Ordinance No. 3699
April 20, 1993
K. Person. An individual, firm, corporation, partnership, business, group of
individuals, city department or other entity which acts singly or collectively for a common
purpose-
L. Planning Management Director. The person who is responsible for the
administration of the Planning Management Department within the City of Fayetteville.
M. Public Grounds. Areas including street rights of way, alleys, parks, medians,
substations, treatment plants, plazas, squares, public buildings and any other area designated for
public use.
N . Rare Tree. A rare tree is a tree with a trunk diameter of 30 inches or more for large
growing species and 8 inches or more for small growing species, or is representative of an
uncommon or endangered species as designated in the City of Fayetteville Landscape Manual.
O. Separate Offense. In relation to trees, each tree is a separate offense.
P. Street Right-of-way. The area designated for city improvements on both sides of
the street.
Q. Tree and Landscape Advisory Committee. An advisory committee appointed by
the City Council to assist the Planning Management Director with city beautification and the
management of its trees.
R. Topping. Also referred to as stubbing, dehorning, pollarding and heading; it is the
severe removal of the tree canopy back to large stubs.
S. Tree. Any self-supporting woody perennial plant, usually having a main stem or
trunk and many branches, and at maturity normally attaining a trunk diameter greater than three
inches at DBH and a height of over ten feet.
T. Tree Preservation Area. Those areas designated for tree protection in a tree
preservation plan or a site plan.
U. Tree Preservation Plan. A site plan that delineates tree preservation areas and
details measures to be taken to ensure protection and survivability of trees to be saved, prior to
and during construction.
V. Tree Registry. A list of trees registered with the City of Fayetteville due to
documented historic association, rare tree species or extraordinary value because of their age,
size or type.
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Ordinance No. 3699
April 20, 1993
W. Tree Surgery. Includes cavity filling/repair, bracing, cabling, and wound treatment.
Section 3 . ADMINISTRATION AND APPEALS.
Administration. The Planning Management Director or his\her duly authorized
representative shall be charged with the general administration of this ordinance. The Tree and
Landscape Advisory Committee will be available for consultation and recommendations to aid
in administration of this ordinance.
Appeals. Appeals from decisions of the Planning Management Director shall be in
writing to the Planning Commission, unless specified otherwise herein. Notice of appeal should
be addressed to the City Clerk and filed within 10 days of the decision of the Planning
Management Director.
Section 4. ESTABLISHMENT OF A TREE AND LANDSCAPE ADVISORY
COMMITTEE.
Membership. There is hereby created a committee to be known as the "Tree and
Landscape Advisory Committee" , composed of citizens of Fayetteville.
A. The Committee shall consist of at least seven members who shall be appointed
through the regular boards and committees appointment procedure. Appointees shall include:
one (1) representative of the business community; one (1) representative of a service
organization; one (1) person trained in the field of forestry, landscaping or horticulture; one (1)
representative of the land development community; one (1) representative of an environmental
group focused on tree protection; one (1) representative of the utility industry; one person at
large who is a resident of the City of Fayetteville. The Planning Management Director shall be
a non-voting ex-officio member.
B. All appointed members shall serve without pay.
C. The Committee shall elect from its members a chairperson, who shall serve a one-
year term and shall be eligible for re-election to a subsequent term or terms. The Committee
may elect such additional officers and establish any subcommittees as it deems necessary for the
proper performance of its duties.
Terms.
A. Terms of membership on the Tree and Landscape Advisory Committee shall be for
a period of two (2) years. However, three (3) of the initial membership terms shall be for a
period of one (1) year so as to provide for staggered membership terms. Should a member be
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Ordinance No. 3699
April 20, 1993
unwilling or unable to serve the full membership term, the vacancy shall be filled, for the
unexpired term, by standard appointment procedure.
Powers and Duties_
A. The Committee shall adopt and amend rules to govern the conduct of its business.
Such shall be consistent with the provisions of the Arkansas Freedom of Information Act, Ark.
Code Ann. §§25- 19- 101 et seq.
B. The Committee shall hold regular meetings and may call special meetings if necessary
to carry out its duties.
C. The Tree and Landscape Advisory Committee, in coordination with the Planning
Management Director, shall:
1 . Assist in the dissemination of news and information regarding the
protection, maintenance, removal, and planting of trees in the City of
Fayetteville.
2. Organize and administer an ongoing program of public education designed
to increase public awareness of trees, their needs and proper care.
3 . Advise and consult on issues pertaining to the Tree Protection Ordinance,
its administration and enforcement.
4. Study the benefits and problems to determine the needs of the City of
Fayetteville in connection with its trees.
5. Pursue the establishment of a comprehensive Fayetteville Street Tree Plan.
Section 5 . COMMERCIAL TREE PRUNER/SERVICE CERTIFICATE AND
INSURANCE REQUIRED.
A. A city issued commercial tree pruner/service certificate shall be required for the
owner and supervisory personnel of each business performing commercial tree work within the
city .
B. Each applicant shall attend an educational workshop on basic tree science and the
proper techniques of tree pruning.
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Ordinance No. 399
April 20, 1993
C. A certificate shall be issued when an individual has successfully completed the
workshop.
D. The certificate shall be available at each job site.
E. All persons engaged in the business of trimming trees shall be under the supervision
of a certified tree pruner/service.
F. Those individuals performing commercial tree work on public grounds shall comply
with all workers compensation requirements as set forth under Arkansas law and shall hold a City
issued commercial tree pruner/service certificate.
G. Those individuals performing tree surgery shall comply with licensure requirements
as set forth under Arkansas law.
H. Noncompliance with the standards, specifications and guidelines outlined herein, as
well as those set forth in the City of Fayetteville Landscape Manual, shall result in the following
actions being taken:
a. First violation - warning issued and repeat training.
b. Second violation - suspension of certificate for 3Q days.
C. Third violation - revocation of certificate.
1 . Should a violation result in the revocation of an individual's
certificate, such individual shall have the right to reapply for a
commercial tree pruner/service certificate after thirty (30) days,
subject to the limitations set forth in subsection J. Attendance at
the educational workshop, as set forth above, is required prior to
reissuance of such certificate.
I. Should an individual's certificate be revoked for a fourth violation within a one year
period, reapplication for a certificate may be denied to such individual.
J . Appeals from denial of certification shall be in writing to the City Council.
Section 6. LANDSCAPING.
A. The City shall have the right to plant, prune, maintain and remove trees within all
street rights-of-way, alleys, squares and other public grounds, as may be necessary to preserve
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Ordinance No. 3699
April 20, 1993
or enhance the symmetry and beauty of such public grounds.
Section 7. TREE PLANTING, MAINTENANCE AND REMOVAL - STREET
RIGHTS-OF-WAY AND OTHER PUBLIC GROUNDS.
A. All tree planting, maintenance and removal on public grounds shall follow the
standards, specifications and guidelines provided in the City of Fayetteville Landscape Manual,
which shall be reviewed periodically.
B. Trees may be planted within street rights-of-way or on other public grounds only after
notification to the Planning Management Director; and, providing the selection and location of
said trees is in accordance with the guidelines of this ordinance.
C. Trees shall not be removed from a street right-of-way or other public grounds unless
approval is received from the Planning Management Director.
D. It shall be a violation of this ordinance to damage, destroy or mutilate any tree in a
public right-of-way or on other public grounds, or attach or place any rope or wire (other than
one to support a young or broken tree), sign, poster, handbill or any other thing to any such tree.
E. It shall be unlawful for any person to top or cut back to stubs the crown of any tree
in street rights-of-way or on other public grounds.
F. The City shall have the right to prune, maintain and remove any tree within the street
rights-of-way, alleys, squares, and all public grounds when such interferes with the proper
spread of light along the street from a street light, or interferes with visibility of any traffic
control device or sign.
G. Trees shall not be planted to conceal a fire hydrant from the street or impede the line
of sight on any street.
H. Trees severely damaged by storms or other causes where required pruning practices
are impractical may be exempted from this ordinance.
I. City employees performing tree work on public grounds shall attend an educational
workshop on basic tree science and the proper techniques of tree pruning. A certificate will be
issued when an individual has successfully completed the workshop.
Section 8. RIGHT OF INSPECTION . The Planning Management Director shall
have the right to inspect all sites within the city involving tree preservation plans, tree
preservation in rights-of-way and public grounds, landmark and rare trees, trees that constitute
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Ordinance No. 3699
April 20, 1993
a hazard or a threat, and trees involving variance requests, or as otherwise required under the
Fayetteville Code of Ordinances.
Section 9. HAZARDOUS TREES
A. Every owner of any tree overhanging a street or sidewalk within the city is
responsible for pruning the branches so that such branches shall not obstruct vehicles or
pedestrians.
B. The Mayor, or his/her duly authorized representative, is hereby authorized to order
the owner of any real property within the city to cause the removal of any dead or diseased trees
on their property, and further, to order compliance, when such trees constitute a hazard to life
and property, or harbor insects which constitute a potential threat to other trees. Whenever any
such condition is found to exist, the Mayor, or his/her duly authorized representative, shall give
the owner of the property written notice to perform such acts within sixty (60) days. In case the
owner of the property is unknown or his/her whereabouts is not known or he/she is a nonresident
of this state, a copy of the written notice shall be posted upon the premises.
C. It shall be unlawful for any person to fail or refuse to comply with any order and
notice given pursuant to this section.
D. If the conditions described in a notice given, as set forth above, are not removed or
corrected within 60 days after such notice is given, the Mayor, or his/her duly authorized
representative, is hereby authorized to enter upon the property and do whatever is necessary to
correct or remove the conditions described in the notice. The costs of correcting said conditions
shall be charged to the owner or owners of the property and the city shall have a lien against
such property for such costs.
E. Enforcement of Lien shall be as set forth in Section 95 .03 of the Fayetteville Code
of Ordinances.
Section 10_ LANDMARK AND RARE TREES; TREE REGISTRY.
A. There shall be established a Tree Registry, which shall be a list of trees registered
with the City of Fayetteville due to documented historic association, rare tree species or
extraordinary value because of their age, size or type. Such Tree Registry shall be maintained
at the City Administration Building in the Planning Department.
B. Rare and landmark trees which are located on existing individual lots with single
family homes shall be protected if voluntarily registered in the Tree Registry by the property
owner.
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Ordinance No. 3699
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1 . The owner shall be entitled to consultation with the Tree and Landscape
Advisory Committee and/or the Planning Management Director concerning
proper care of the tree and a tree evaluation.
C. Rare and landmark trees (including those within 100 feet of a site) shall be shown on
all preliminary plats, large scale developments, or site plans. The Planning Management
Director or his/her duly authorized representative may visit the site to determine the accuracy
of identification.
D. Prior to removal or pruning of any registered landmark and/or rare tree, approval
shall be received from the Planning Management Director, who may seek review and
recommendation from the Tree and Landscape Advisory Committee.
Section 11 . TREE PROTECTION - NEW SUBDIVISION, LARGE-SCALE
DEVELOPMENTS AND COMMERCIAL DEVELOPMENT.
A. Mature Canopy Area. In all new subdivisions, large-scale developments and
commercial developments, trees shall be preserved as outlined below under the percent minimum
canopy:
1 . The square foot percentage of "mature canopy area required" for preservation in
new development is based on the total area of the property. The percent
minimum canopy requirement shall not require planting of trees to achieve the
minimum unless trees were previously removed.
Zoning Designations % Minimum Canooy
a. R-1 Low Density Residential 25 %
b . R-1 .5 Moderate Density Residential 20%
C. R-2 Medium Density Residential 20%
d. R-3 High Density Residential 20%
e. R-0 Office and Professional 20%
f. C- 1 Neighborhood Commercial 20%
g. C-2 Thoroughfare Commercial 15 %
h. C-3 Central Business 15 %
i. C-4 Downtown Commercial 10%
j . I- 1 Light Industrial & Heavy Commercial 15 %
k. 1-2 Heavy Industrial 15 %
1. P- 1 Institutional 25%
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Ordinance No. _3629
April 20, 1993
2. The chart below is to be utilized to give a general quantification of the ultimate
canopy for each general tree type. Examples of specific trees are listed in the
City of Fayetteville's Landscape Design Manual.
GENERAL TREE TYPE ULTIMATE CANOPY
Large Shade Tree or Major 1 ,000 Square Feet
Street Tree
Medium Street Tree and Most 700 Square Feet
Conifers
Small Flowering Tree 300 Square Feet
3. When property is developed, if there has been removal of trees from the property, the
percent minimum canopy will be retroactive to the date of passage of this ordinance or 5 years,
whichever is less.
B. Tree Replacements. In the event a tree cannot be preserved as required, a tree
replacement, to be determined by the Planning Management Director, may be required in lieu
of the tree designated for preservation.
C. Development Design. Proposed development should be designed to maximize the
preservation of rare and landmark trees. Where rare and landmark trees exist, flexible
approaches such as adjustments to lot layout, placement of buildings and paved surfaces and
location of utilities should be pursued in order to save them.
D. Preservation Plan.
1 . Prior to any land disturbance operations in commercial development, proposed
subdivisions, and large scale developments, a tree preservation plan shall be
submitted with the preliminary plat. The plans shall be submitted in compliance
with instructions set forth in the City of Fayetteville Landscape Design Manual.
2 . Tree preservation areas, including all landmark and rare trees, existing trees
located within the rights-of-way, easement areas, or on other public grounds, or
trees preserved for the required mature canopy shall he designated in the tree
preservation plan and shall be protected during land development as designated in
the City of Fayetteville Landscape Design Manual.
3 . Tree Preservation Areas During Development:
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Ordinance No. 3699
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a. Shall be protected from the construction activity area to prevent
impingement of construction vehicles, materials, spoils and equipment into
the Tree Preservation Area. If a barrier is not adequately constructed on
the site or is not adequately maintained to protect the Tree Preservation
Area, the Planning Management Director shall prescribe remedial
measures to the Planning Commission for consideration at the final plat
approval stage.
b. All landmark and rare trees or those trees designated for preservation shall
be identified, marked, or otherwise protected during construction along the
tree dripline or 10' from the trunk, whichever is greater, to prevent
impingement of construction materials, vehicles, spoils and equipment into
the Tree Preservation Area.
C. No filling, excavating, or storage of materials, debris, or equipment shall
take place within the tree dripline as shown in the Tree Preservation Plan.
4. No landmark or rare tree shall be removed from land to be developed unless the
Planning Management Director, who may seek consideration and recommendation
from the Tree and Landscape Advisory Committee, determines there is no
reasonable way the property can be otherwise developed, improved or properly
maintained and the tree saved.
5 . The saving of a rare or landmark tree or a tree shown to be significant to the site
shall be considered upon application for any variance under Chapter 160 of the
Fayetteville Code of Ordinances, and may constitute sufficient evidence that
Section 160. 174 of the Zoning Code has been met in such variance application.
Section 12. PENALTY . Unless contradictory to any penalty set forth hereinabove,
any person violating any provision of this ordinance or who fails to comply with any notice
issued pursuant to the provisions of said ordinance, upon conviction or a plea of guilty, shall be
subject to a fine not to exceed $500.00 for each separate offense.
Section 13 . CONFLICT IN REGULATIONS. Where a conflict arises between this
ordinance and another ordinance, the more stringent requirement shall apply.
Section 14. SUCCESSORS IN INTEREST. Successors in interest of any person who
as a developer of a subdivision (except single-family homeowners), large-scale development,
commercial development, or conditional uses in other zones which are commercial in nature has
been subject to the requirements of this ordinance shall abide by the requirements and conditions
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Ordinance No. 3699
April 20, 1993
to which such developer of a subdivision (except single-family homeowners), large-scale
development, commercial development, or conditional uses in other zones which are commercial
in nature was subject, including compliance with the Tree Preservation Plan.
Section 15. SEVERABILITY . Should any section, clause, or phrase of this ordinance
be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as
a whole, or any part thereof, other than the part so invalidated.
Section 16. The City Council hereby determines that the aforesaid provisions are
necessary and unless put into effect immediately, the public health, safety, and welfare of the
people of Fayetteville will be adversely affected. Therefore, an emergency is hereby declared
to exist and this ordinance being necessary for the public health, safety, and welfare shall be in
full force and effect from and after its passage and approval.
PASSED AND APPROVED this 2a hday of April 1993 .
APPROVED-
BY : ;X764C/�..�.—
Fred Hanna, Mayor
ATTEST:
BY: \
Sherry L homas, City Clerk