HomeMy WebLinkAboutOrdinance 3963 ORDINANCE NO. 3963
AN ORDINANCE AMENDING CHAPTER 162: TREE
PROTECTION AND PRESERVATION , OF THE CODE OF
FAYETTEVILLE, TO AMEND DEFINITIONS, CHANGE THE
MEMBERSHIP COMPOSITION OF THE TREE AND
LANDSCAPE ADVISORY COMMITTEE; PROVIDE
AMENDMENTS FOR TREE PROTECTION IN NEW
SUBDIVISIONS, LARGE SCALE DEVELOPMENTS,
COMMERCIAL DEVELOPMENTS AND ON GRADING
PERMIT REQUESTS LARGER THAN ONE (1) ACRE; AND
OTHER MISCELLANEOUS AMENDMENTS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . That § 162 .02, Definitions; Development, Land disturbance, Landmark tree,
Planning management director, and Rare tree, of the Code of Fayetteville are hereby repealed
and the following inserted in their stead :
§ 162.02. DEFINITIONS .
Development. To make a physical change in the use or appearance of
the land, demolition of a structure, the division of land into two or more parcels,
removal of trees and removal or adding soil .
Diameter breast height (DBH) . The diameter of a tree measured at a
point four and one-half feet above the ground. If a tree splits into multi-trunks,
the trunk is measured at its narrowest point below the split.
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 application of toxic substance, storage of materials,
and operation of equipment, or otherwise significantly disturbing the soil, mud,
sand, or rock of a site.
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, by age, species or form.
Landscape Administrator. The person who is responsible for the
administration of the tree protection and preservation ordinance.
Rare tree. A rare tree is a tree with a trunk diameter of 24" or more for
large growing species and 8 inches or more for small growing species, over 200
years of age, or is representative of an uncommon or endangered species as
designated in the City of Fayetteville Landscape Manual .
Page 2
Ordinance No , 3963
Section 2. That § 162 .04 (A) (1 ), Establishment of a Tree and Landscape Advisory
Committee, Membership, of the Code of Fayetteville, is hereby repealed and the following
inserted in its stead:
§ 162.04. Establishment of a Tree and Landscape Advisory Committee.
(A) Membership.
( 1) The committee shall consist of at least nine (9) members who
shall be appointed through the regular boards and committees appointment
procedure. Appointees shall include: one representative of the business
community; one representative of a service organization; one representative from
the land development community; one person trained in the field of forestry,
landscaping or horticulture; one representative of an environmental group
focused on tree protection; one representative of the utility industry; one
representative from the University of Arkansas; two persons at large who are
residents of the City of Fayetteville or the best available applicant. The
Landscape Administrator shall be a nonvoting ex officio member.
Section 3 . That § 162 .05 (B), and (C), Commercial Tree Pruner/Service Certificate and
Insurance Required, of the Code of Fayetteville, are hereby repealed and the following inserted
in their stead:
§ 162.05 . Commercial Tree Pruner/Service Certificate and Insurance Required.
(B) Each applicant shall attend an educational workshop on basic tree
science and the proper techniques of tree pruning; or shall demonstrate sufficient
knowledge of basic tree science and the proper techniques of tree pruning by
scoring 75 % or higher on a test provided by the National Arbor Society.
(C) A certificate shall be issued when an individual has successfully
completed the workshop or scored adequately on the test.
Section 4. That § 162.06, Landscaping, of the Code of Fayetteville, is hereby be
repealed and the following inserted in its stead:
§ 162.06. Landscaping. The city shall have the right to plant, preserve, prune,
maintain and remove trees within all street rights-of-way, alleys, squares and
other public grounds, as may be necessary to preserve or enhance the symmetry
and beauty of such public grounds. Standards, specifications and guidelines are
provided in the City of Fayetteville Landscape Manual .
Page 3
Ordinance No , 3963
Section 5 . That § 162 .07 (A), Tree planting, maintenance and removal, street rights-of-
way and other public grounds, of the Code of Fayetteville is hereby repealed and the following
inserted in its stead:
§ 162.07_ 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 by the Tree
& Landscape Advisory Committee.
Section . That § 162 . 10 (A), Landmark and rare trees; tree registry, of the Code of
Fayetteville, is hereby repealed and the following inserted in its stead:
§ 162. 10. Landmark and rare trees; tree registry .
(A) There shall be established a tree registry, which shall be a list of
trees or groups of trees registered with the city 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.
Section 7. That § 162. 11 , Tree protection in new subdivisions, large scale developments
and commercial developments, of the Code of Fayetteville, is hereby repealed and the following
inserted in its stead:
§ 162. 11 . Tree protection in new subdivisions, large scale developments,
commercial developments and on grading permits requests larger than one
( 1 acre) .
(A) 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.
(B) Preservation plan.
(1 ) When required.
(a) In proposed subdivisions and large scale developments,
a tree preservation plan shall be submitted and approved by the Planning
Commission as a portion of the preliminary plat or site plan. The tree
preservation plan shall be reviewed, and recommendations shall be made to the
Page 4
Ordinance No . 3963
Planning Commission by the Landscape Administrator. For commercial
developments, a tree preservation plan shall be submitted with the Building
Permit for approval by the Landscape Administrator. There shall be no land
disturbance or tree removal until the tree preservation plan has been approved.
(b) . A tree preservation plan shall be submitted with all
grading permit applications on parcels larger than one ( 1 ) acre. There shall be
no land disturbance, grading or tree removal until the tree preservation plan has
been approved.
(2) The plan shall be submitted in compliance with instruction set
forth in the City of Fayetteville Landscape Design Manual .
(3) A preliminary site inspection, followed by periodic inspection
will be conducted by the Landscape Administrator to ensure compliance with the
Tree Preservation Plan .
(4) 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 canopy shall be designated
in the tree preservation plan and shall be protected during land development as
designated in the City of Fayetteville Landscape Design Manual .
(S) Tree preservation area during development:
(a) All landmark and rare trees or those trees designated
for preservation shall be identified and protected before any construction
activity.
(b) Tree preservation areas shall be protected from
construction activity to prevent impingement of construction vehicles, materials,
spoils and equipment into the tree preservation area. A barrier must be
adequately constructed and maintained on the site along the tree dripline or ten
feet from the trunk, whichever is greater. If tree preservation areas are not
adequately maintained and protected during construction, the Landscape
Administrator shall prescribe remedial measures. All remedial measures shall
be complete within the specified amount of time and shall be considered at the
final plat approval or certificate of occupancy.
(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.
(6) No landmark or rare tree shall be removed from land to be
developed unless the Landscape Administrator, who may seek consideration and
recommendation from the Tree and Landscape Advisory Committee, determines
Page 5
Ordinance No . 3963
there is no reasonable way the property can be otherwise developed, improved,
or properly maintained and the tree saved.
(7) 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.
(C) 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 "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 the planting of trees to
achieve the minimum unless trees were previously removed.
Zoning Designations Percent Minimum Canopy
RE Residential estate 25
RA Residential Acre 25
RL Residential Large Lot 20
RS Residential Small Lot 20
R- 1 Low Density Residential 25
R- 1 .5 Moderate Density Residential 20
R-2 Medium Density Residential 20
R-3 High Density Residential 20
R-O Office and Professional 20
C- 1 Neighborhood Commercial 20
C-2 Thoroughfare Commercial 15
C-3 Central Business 15
C-4 Downtown Commercial 10
I- 1 Light Industrial & Heavy Commercial 15
I-2 Heavy Industrial 15
P- 1 Institutional 25
(D) If trees have been removed within five (5) years prior to
development, the percentage minimum canopy shall be determined upon the tree
canopy existing prior to tree removal.
(E) Replacement canopy.
(1 ) . In the event a tree cannot be preserved as required, tree
replacements, to be determined by the Landscape Administrator, may be
Page 6
Ordinance No . 3963
required in lieu of the tree designated for preservation. Tree replacements
should be of like or similar species in terms of size and ultimate canopy.
Standards, specifications and guidelines are provided in the City of Fayetteville
Landscape Manual .
(2) . The chart below is to be utilized to give a general
quantification of the canopy for each general tree type. Examples of specific
trees are listed in the City of Fayetteville's Landscape Design Manual.
General Tree TyI& Ultimate Canopy, Sq, Ft.
Large Shade Tree or Major Street Tree 800
Medium street Tree and most Conifers 500
Small Flowering Tree 300
Section 8. That Chapter 162; Tree Protection and Preservation, of the Code of
Fayetteville is hereby amended to add the following:
§ 162. 14. Stop Work Order. The Landscape Administrator may issue a stop work
order directing the parties involved to cease and desist all work which does not comply
with the Tree Preservation Plan. A hearing will be held within 48 hours of the issuance
of the stop work order.
Section 9. Appeal . That § 162.03, Administration and appeals, of the Code of
Fayetteville, is hereby amended to add:
(C) Appeals from decisions of the Landscape Administrator may be filed
by any of the following: the landowner, adjacent property owner, developer,
or a citizen with the support of one (1 ) or more alderman.
IP3MSEDiAND APPROVED this 16th day of April 1996.
APPROVED:
r
{ 1 By :
\ °•` red Hanna, Mayor
ATTEST:
By :
Traci Paul, City Clerk
III NORTHWEST ARKANSAS Trams III 6,4 l; C; L� ° b,
P.O. Drawer D • Fayetteville, Arkansas 72702 • 501-442- 1700 • 800-498-1991 • Fax 501-442-5477 - v
t
- .
ORDINANCE NO 3%3 -Section 2. That §162.04 (A)(1 ) . '- � minisirator For cbrnmercial' (6) No landmark or rare ire5
Establishment. of a Tree and' S� 5. That §162.07 (A), . developments, &-tree preser- shall be removed from land to
AN ORDINANCE AMENDING •Lantlscape Advisory Commit' Tree planting , maintenance vation plan shall be submitted be developed unless the
CHAPTER 162: TREE PRO- . tee, Membership, of the Code and removal, street rights-of- with the Building Permit for Landscape Administrator, who
TECTION AND PRESE RVA-• of Fayetteville, is hereby re- way and other public grountls, approval by the Landscape may seek consideration and
TION, EV THE CODE ND pealed and the following in- of the Code of Fayetteville is Administrator. There shall be recommendation from thei
FAYETTEVILLE, TO AMEND sertetl in its stead; . I hereby repealed and the fol- no land disturbance or tree re- Tree and Landscape Advisory I
DEFINITIONS, CHANGE THE. I lowing inserted in its stead. moval until the tree preserve- Committee, determines there ,
,MEMBERSHIP COMPOSITION; §162.04. Establishment tion plan has been approved. is no reasonable way the
,OF THE TREE AND LAND- of a Tree and Landscape l ' § 162.07. Tree planting, sh.11 be esubmitted tiWnt plea property can be otherwise de
SCAPE ADVISORY COMMIT-. ' Advisory Committee. i, maintenance and removll veloped, improved, or properly
TEE; PROVIDE AMENDMENTS : grading permit applications
FOR TREE PROTECTION IN'„ F an street public
grounds.
on parcels larger than one (1p maintained and the tree
(A) Membership. end other public grounds. saved.
NEW SUBDIVISIONS, LARGE acre. There shall be no land '
( 1 ) The committee shall con- ] i disturbance, grading or tree
SCALE DEVELOPMENTS, . bee of at least nine pp mem- '' (A) All tree planting , main- _ removal until the tree reser-, landmark
The saving of a rare or
MOEN SERCIAL AND ONG DEVELOP-
bens who shall be appointed .1 licternance and removal on pub- vation plan has been aQ=- ' landmark tree or a tree shown
PERMIT REQUESTS LARGER through the regular boards .t tic grounds shall follow the proved. to be significant to the site •
and committees appointment standards, specifications and shall be considered upon ap-
THAN ONE ( 1 ) ACRE; AND procedure. Appointees shall guidelines provided in the plication for any variance un- r
OTHER MISCELLANEOUS ' include: one representative of City of Fayetteville Land- (2) The plan shall be submit- der Chapter 160 of the Fayet-
AMENDMENTS. I led in compliance with in-
the business community; one. , scape Manual, which shall bection teville Code of Ordinances.
, representative of a service or reviewed periodically by the ' 01' Faye set forth in the City and may constitute sufficient
BE IT ORDAINED BY THE anization; one re resenta- r Tree 8 Landsca e Advisor of Fayetteville' Landscape evidence that section 160. 174
CITY COUNCIL OF THE 9ve from the land develop- ,'. Committee. p y Design Manual. I of the zoning code has been
CITY OF FAYETTEVILLE, ment community; one person - met in such variance applica-
ARKANSAS: I trained in the field of forestry,. I' Section 6. That §162. 10 (A), . do A preliminary site dic in- tion.
' Landmark and rare trees; tree lion, fon will b; periodic in-
Section 1 . That §162.02, Doll- ' landscaping or eortian e vG registry, of the Code of Fayet- the Lan will be conducted by (C) Canopy area. In all new
notions; Development, Land one representative of an env the Landscape Administrator
p ronmental group focused on [emits, is hereby repealed and to ensure compliance with the subdivisions, large scale ow
notions;
Lantlmark tree, Tree protection; one represen- 1 the following inserted in its Tree Preservation Plan. velopments, and commercial
Planning management direc- , stead: developments, trees shall
tor, and Rare tree, of the Code tative of the utility industry;, preserved as outlined below
of Fayetteville are hereby re one representative from the §162 10. Landmark and (4) Tree preservation areas, under the percent minimum
pealed and the following in Persons tat large whoof sare resin- rare trees; tree registry. rareincltrees,alllandmark
g trees lo- canopy:
sertetl in their stead: dents of the City of Fayette- ' 1 ( 1 ) The square foot percent-
ville or the best available ap- I (A) Theresh l be established cated within the rights-of-way, . age P f "canopy area required"
§162.02 DEFINITIONS. plicant The Landscape Ad- a tree registry, which shall be .easement areas, or on other for reservation in new devel-
ministrator shall be a nonvo4 a list of trees or groups of -public grounds, or tree pre- opment is based on the total
Development. To make a, trees registered with the city served for the required canopy area of the property. The per-
physical change in the use or, ing ex officio member due to ,documented historic shall be designated in the tree cent minimum canopy re-
appearance of the land.- association, rare tree species preservation plan and shall be quirement shall not require
demolition of a structure, the Section 3 That § 162.05 (B), or extraordinary value be- protected during land devel- the planting of trees to
omm
division of land into two or and (C) Cercial Treecause of their age, size or Cityopment
of as designated in the achieve the minimum unless
more parcels, removal of trees ' Pruner/Service Certificate , type Such tree registry shall ) City of Fayetteville Land- trees were previously re-
and removal or adding soil. and Insurance Required, of be maintained at the city ad- scape Design Manual. moved.
Diameter breast height . the Code of Fayetteville, are ministration building in the
Diameter
The breast
h i tree' hereby repealed and the fol- planning department. (5) Tree preservation area dur- Zoning Designations I
lowing inserted
in their stead:
measured at a point four and, ing development: Percent Minimum Canopy
Ione-half feet above the. § 162.05. Commercial . Berton 7 That §162.11 , Tree (a) All landmark and rare trees RE Residential estate
ground . If a tree splits into protection in new subdivi- or those trees designated for , I 25
Tree Pruner/Service Cer- gdevelop- preservation shall be Identi- j
multi-trunks, the trunk is. Bions, large scale ialdevRA Residential Acre
tifquire and Insurance
measured at its narrowest. . Required mems and commercial dev of tied and protected before any 25
point belowis the split. cpm ttevients, of the Code e- (b) Tree pr activity. I RL Residential Large Lot
Land disturbance. Clear-- ' (B) Each applicant shalt at- Fayetteville, is hereby re- i (b) Tree preservation areas 20
ing , scraping , grubbing, or. : tend an educational workshop pealed and the following in- shall be protected from con- RS Residential Small Lot
otherwise removing or de- sertetl in its stead: struction activity topreventI 20
stro in the vegetation of a on basic tree science and the y t
X g g proper techniques of tree impingement to construction R-I Low Density Residential
po i or adding, removing, ex- pruning; or shall demonstrate in now Tree protection vehicles, materials, spoils
posing, excavating, leveling, sufficient knowledge of basic in new ale develop-
and equipment into the tree 20
di g R-1 .5 Moderate Density Resi-
grading, gging, tunneling, tree science and the proper large scale develop• preservation area. el bowie: dentia' 25
ing) piling,
burrowdredgingg, appp- scori
ng sof trek Phar oo a ' permitsments and on requestsrading must larger struct do and maintained on -2 Medium Density Residen.
ing) pilin dredging ora lo-
cation of toxic substance, g g than one 0 acre). the site along the tree dri 20
storage of materials, and o test provided by the National 9 pone R-3 High Density Residential
g p- Arbor Society. (A) Development design. Pro- or ten feet from the trunk, 20
aeration of equipment. or other- posed development should be whichever is greater, if tree' R-O Office and Professional
wise significantly disturbing (C) A certificate shall be designed to maximize the preservation areas are not ad- 20
the soil, mud, sand. or rock of issued when an individual has preservation of rare and land- equately maintained and pro- C- 1 Neighborhood Comm 20
a5ite. successfully completed the mark trees. Where rare and tected during construction , , pial 20
er-
Landmark tree. a landmark workshop or scored adequate- landmark trees exist, flexible the Landscape Administrator C-2 Thoroughfare Commercial
tree is any tree al re with the Iy on the test. approaches such as adjust- shall prescribe remedial 15,
state or national registry or t ments to lot layout, placement I measures. All remedial meas- C-3 Central Business
cited in the city's tree registry Section 4 That162.06. ' - of buildings and paved sur- ures shall be complete within '
as being historically signiik Landscaping, of the Code e of - . faces and location of utilities the specified amount of time ' ISr
cant, by age, species or form. ' Fayetteville, is hereby be re- should be pursued in order to and shall be considered at the —•—
Landscape Administra•, pealed and the following in- save them. final plat approval or Certifi- 1
tor. The person who is re-. sertetl in its stead: tate of occupancy.
sponsible for the administra-
tion of the tree protection and (B) Preservation plan.
preservation ordinance. § 162.06. Landscaping. (1 ) When required. I (c) No filing , excavating or
Rare tree. rd rare tree is a� The city shall have the right to (a) In proposed subdivisions ' storage of materials, debris, or
plant, preserve, prune, main- and large scale develop equipment shall take place
tree with a trunk diameter of fain and remove trees within ments, a tree preservation ) within the tree dripline as
24• or more for large growingall street rights-of-way, alleys, plan shall be submitted anal shown in the tree preservation
species and 8 inches of more, squares and other public approved by the Planning plan. _
for small growing species, grounds, as may be necessary Commission as a portion of _over 200 years of agd ' or is; to preserve or enhance the the preliminary plat or site
representative of an uncom symmetry and beauty of such ' plan. The tree preservation
mon or endangered species public grounds. Standards, plan shall be reviewed, and
as designated in the Gi(y of, specifications and guidelines recommendations shall be -
Fayetteville Landscape Man- are provided in the City of i made to the Planning Com-
ual. Fayetteville Landscape Man- mission by the Landscape Atl-
- - — cal. - _ - ..
ZeL � t� � C� lL� L
-4 owntowlt ommetcial 29 9 loon
10,
1- 1 Light Industrial 8 Heavy. STATE OF ARKANSASComme /- ���� A/I pp��/(+�[[
J-?J" yIn 15. ss. 1-V. q-LL'G DEBT.
I-�J-Bevy Industrial
15� County of Washington
k.P-1 Instrutional
251 1. :ia� I.QDpi herebycer-
(D) 1tl(ees have been removed' ti that I am the publisher o THE ORTHWEST ARKANSAS TIMES, a daily
willtki Hve (5) years prior r0I fY P Y
de g16 Menl, the percentages newspaper having a second class mailing privilege, and being not less than four pages of
mi um eanopy shau be de-I five columns each, published at a fixed place of business tied at a fixed (daily) intervals
t ed upon the tree canopy,
ting priory vee removal. continuously in the City of Fayetteville, County of Washington. Arkansas for more than
"" ,j a period of twelve months, circulated and distributed from an established place of business
An the event canopy. to subscribers andreaders enemll ofallclasses in the Cit and Count for a definite price
P�3, In the event a tree cannbtl 8 Y Y Y P
15g'p,,reserved a3 required, tree for each copy, or a fixed price per annum, which price was filed at what is considered the
;nedby thecements,.LandIn scape
deter- value of the publication, based upon the news value and service value it contains, that at
fined by the Landscape Atl- I P lb
ministrator, may be required least fifty percent of the subscribers thereto have paid cash for their subscriptions to the
1 •in lieu of the tree designated ' newspaper or its agents or through recognized news dealers over a period of at least six
for preservation. Tree-replace-
I . — should 16f like -or months; and that the said newspaper publishes an average of more than forty percent news
'
irtanli
similar species in terms of matter.
size and ultimate canopy.
Standards, re provided i and I further certify that the legal notice hereto attached in the matter of
guidelines are provided in the I Y 8
City of Fayetteville Land- n �
(cape Manual. IJM
(2). The chart below i5 to be
utilized to, 9ive a general ;
qquantilication of the canopy , was published in the regular daily issue of said newspaper for
tix�aach general tree type. Ex-
ples of specific trees are consecutive insertions as follows;
tetl in the City of Fayette-
' e,'s Landscape Design
/� ' /
Metal. . . The first insertion on the (I gni J O?z dayof 19 11:16
A. 1
General Tree type
� r'.;Ultimate;Canopy Sq Ft the second insertion on the day of 19
rggN�.�Shade Trbe 'or Major
af7ree 800 the third insertion on the day of 19
Medium street Tree and most
Conifers - soo and the fourth insertion on the da
Small Flowering Tree _ y of 19
Section B. That Chapter 1621
Tree Protection and Preserve- /
j lion, of the Code of Fayette-
viite is hereby amended to
addltlla following:
§iGiU.Stop work order. Publisher eneml Manager
The`tar dtcape Administrator I
ma��rrissue a stop work order 1
dirdGting the parties invglved
to cea se and desist all work '
whiofP does not comply with
theTree Prpservauon Plan. A
hear!0 mill be held within 48
hpbrs of the issuance of the
Ii4ioRwodcprder.
IAppealand
. That
6!(`.03, Administration
��appeals. of the Code of Fayet-
teville, is hereby amended to
add: . a / { -
Sworn to and subscribed before me on this lD day of
(C) Appeals from the deci-
)s_roaf � - L d
(suns Landscape Ad-
Ad- .lA A 19
ministrator may be filed by
any of the following: the land. n
owner, toper, o property own-
er. developer, or a citizen wish
the support of one ( 7) or more «««
alderman. r Catherine <
1 Notary Public
PASSED AND AP.j rNotaryPublic, StateofArkansaS ,
1 PROVED this 16th day ql� My Commission Exp' Washington County
April, 1996 r r r'15
My Commission Expires 04. 29
APPROVED: I (<CCCCCYCCC<CCCCC(CiCRCGIC
By: Fred Hanna. Mayor 1
ATTEST; Traci Paul, City , p
Elerk _ Fees for Printing
Cost of Proof $
Total .$ /a. y8
