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HomeMy WebLinkAboutOrdinance 4008 ORDINANCE N0. 4008 ' �• AN ORDINANCE AMENDING CHAPTER 162: TREE PROTECTION AND PRESERVATION, TO PROHIBIT LAND DISTURBANCE ACTIVITY BEFORE THE APPROVAL OF A TREE PRESERVATION PLAN, AND TO ESTABLISH ADDITIONAL PENALTY IF LAND DISTURBANCE OCCURS PRIOR TO THE APPROVAL OF A TREE PRESERVATION PLAN. WHEREAS, land disturbance activity should not occur before the submittal and approval of a tree preservation plan; WHEREAS, such land disturbance activity violate the spirit and intent of the Tree Protection and Preservation Ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1 . That Chapter 162, TREE PROTECTION AND PRESERVATION, §162. 11 (D) of the Code of Fayetteville is hereby repealed and the following is inserted in its stead: §162.11 (D) The percentage minimum canopy shall be determined upon the tree canopy existing prior to tree removal. If trees have been removed below the minimum percent canopy within five (5) years of application for development approval, the replacement canopy requirement shall be increased by ten (10) percent of total canopy. PASSED AND,APPROVED this 17th day of December 1996. ' . may.. . • �' . 4 [ � � APPROVED: 01 By: red Hanna, Mayor n t AT� ES By: Traci Paul, City Clerk F2E �: tIVta STATE OF ARKANSAS DEC 3 1 1996 County of Washington // SS /n/ FINANCE DER. I�U/ rI 1. Owin (�P / hereby cer- tify that I am the publisher of 017HE NO THWEST ARKANSAS TIMES, a daily newspaper having a second class mailing privilege, and being not less than four pages of five columns each, published at a fixed place of business and at a fixed (daily) intervals continuously in the City of Fayetteville, County of Washington. Arkansas for more than a period of twelve months, circulated and distributed from an established placeof business to subscribers and readers generally of all classes in the City and County for a definite price for each copy, or a fixed price per annum, which price was fixed at what is considered the value of the publication, based upon the news value and service value it contains, that at least fifty percent of the subscribers thereto have paid cash for their subscriptions to the newspaper or its agents or through recognized news dealers over a period of at least six months; and that the said newspaperpublishes an average of more than forty percent news ORDINANCE NO. 4008 matter. AN ORDINANCE AMENDING CHAPTER 162: TREE PRO- TECTION AND PRESERVA- I further certify that the legal notice hereto attached in the matter of TION, TO PROHIBIT LAND DISTURBANCE ACTIVITY '"V6ps, THE APPROVAL OFFA BE- FORE TREE PRESERVATION PLAN, AND TO ESTABLISH ADDI- was published in the regular daily issue Of Said newspaper for TIONAL PENALTY IF LAND DISTURBANCE OCCURS PRI- consecutive insertions as follows: OR TO THE APPROVAL OF A TREE PRESERVATION PLAN. / WHEREAS, land disturbance The first insertion on the �ZA^ i7 m bjPA ) o?7 dayof 19 9& activity should not occur before thesubmittal and approval of a - tree preservation plan; the second insertion on the day of 19 WHEREAS, such land disturb- ance activity violate the spirit aantl intent of the Tree Protec- the third insertion on the day of 19 tion and Preservation Ordi. trance; NOW, THEREFORE, BE IT and the fourth insertion on the y of l9 ORDAINED BY TME CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: 162, TRSEE 11 PROTECTION That ChapterAND PRESERVATION, §162. 11 (D) of the Code of Fayetteville is Publish / enemlManager hereby repealed and the lollow- ing is inserted in its stead: §162.11 (D) The percentage minimum canopy shall be de- termined upon the tree can existing prior to tree removal. If . trees have been removed be- low the minimum percent cano- py wthin five (5) years of appli- cation for development appro- val, the replacement canopy re- quirement shall be increased by ten 00) percent of total canopy. PASSED AND APPROVED this 17th day of December, 1996. 1f` 1 - — Swom to and subscribed before me on this day of Catherine Sall Notary Public My Commission Expires: ' Notary Public, State of Arkansas Washington County My Commission Expires 02127105 ' «cccccc«2 Fees for Printing .$ QZ Cost of Proof $ Total $ 600 Po Al 1#035