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§162. 11 (D) of the Code of Fayetteville is hereby repealed and the following is inserted in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 '
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Fees for Printing .$ QZ
Cost of Proof $
Total $ 600
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