HomeMy WebLinkAboutOrdinance 4340 ORDINANCE NO, 4340
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT ORDINANCE, OF THE CODE OF FAYETTEVILLE,
TO PROVIDE AMENDMENTS TO AND CLARIFICATION OF
VARIOUS PROVISIONS CONCERNING TREE PRESERVATION
AND PROTECTION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS :
Section 1 . That Chapter 151 : Definitions, Unified Development Ordinance, Code
of Fayetteville is hereby Amended by deleting the following definitions: Development
(Tree Protection and Preservation); Landmark Tree; Mature Canopy Area; Rare
Tree; and Tree Preservation Area; and in its stead, is inserted Exhibit "A" attached
hereto and made a part hereof.
Section 2. That Sections 152(H) and 153.02(A) Unified Development Ordinance,
Code of Fayetteville are hereby Amended by deleting the subheadings "Tree Protection
and Preservation," and inserting "Tree Preservation and Protection" in their stead, and as
to 153 .02(A) only, striking the phrase "landmark and rare" and inserting the term
"significant' in its stead.
Section 3. That Section 155.05(A), Unified Development Ordinance, Code of
Fayetteville is hereby Amended by inserting the following:
§155.05 APPEALS FROM PLANNING COMMISSION DECISIONS.
A. Appeals To City Council.
7. Tree Preservation Plan. Owners of record or any member of the City
Council wishing to contest a Tree Preservation Plan must appeal the decision to deny or
approve the preliminary subdivision plat or large scale development according to the
procedures set forth in subsection (A)(2) above.
Section 4. That Section 156.03(C), Unified Development Ordinance, Code of
Fayetteville is hereby Amended by inserting the following:
§156.03 DEVELOPMENT.
C. Consideration By The Planning Commission.
6. Tree Preservation Plan. A developer may petition the Planning
Commission for a variance from the requirements of Chapter 167: Tree Preservation and
Protection, in those cases where their strict application would work an injustice as applied
to the proposed development due to a situation unique to the subject real property;
. 0 Ord .. 4340
provided that such variance shall not have the effect of nullifying the intent and purpose
of the chapter. The Planning Commission's approval of said variance must be affirmed
by the City Council to become effective, and a denial of the requested variance may be
appealed to the City Council.
Section 5 . That Chapter 167: Tree Protection and Preservation, Unified
Development Ordinance, Code of Fayetteville is hereby repealed, and Exhibit `B"
attached hereto and made a part hereof, is inserted in its stead.
�a
• PASSED AND APPROVED this 2"d day of October, 2001 .
1
U
APPROVED:
By: 644 12
DAN COODY, Mayor
ATTEST:
By:
eat er Woodru , City Clerk
Ex
Ch
Ord . 4340 u
EXHIBIT "A"
To be inserted at Chapter 151 : Definitions, Unified Development Ordinance:
Abbreviated Tree Preservation Plan. (Tree Preservation and Protection) A
shorter, less formal Tree Preservation Plan required of Applicants seeking Building,
Grading or Parking Lot Permits, but who are not subject to the requirements for Large
Scale Developments or Subdivisions.
Administrative Determination. (Tree Preservation and Protection) Final action
by the Landscape Administrator to either approve, conditionally approve or disapprove a
Tree Preservation Plan. Administrative determinations apply only to those projects
which do not require Planning Commission approval.
Analysis Report. (Tree Preservation and Protection) A report, which among other
things, sets forth any alternative designs the Applicant considered in arriving at the
proposed design.
Applicant. (Tree Preservation and Protection) Any person, party, partnership,
corporation or other business entity seeking the City's approval of a proposed Tree
Preservation Plan.
Base Density. (Tree Preservation and Protection) The number of trees an
Applicant must plant based upon the quality and number of the trees proposed to be
removed per acre.
Bona Fide Agricultural Purpose. (Tree Preservation and Protection) The aim or
goal of facilitating the ongoing commercial pursuit of farming, dairying, pasturage,
horticulture, viticulture, or the keeping or raising of livestock or poultry, not otherwise
prohibited by city ordinance.
Caliper. (Tree Preservation and Protection) The diameter of a young tree (those
with a diameter of 4" or less) measured 6" above ground level.
Canopied Slopes. (Tree Preservation and Protection) Any land with a slope of
15% or greater containing trees, woody shrubs and herbaceous plants that serve the
function of sustaining the structural integrity of the soil, thus reducing the likelihood of
erosion, slide, or slump.
Canopy. (Tree Preservation and Protection) The combined crowns of all trees on
a tract of land.
Conservation Easement. (Tree Preservation and Protection) A formal, legally
binding agreement between parties, usually a landowner and a private or public entity,
providing for the preservation of land in its natural state.
. Ord . 4340
EXHIBIT "A"
Contiguous Woodlands. (Tree Preservation and Protection) A portion of canopy
existing on the site of proposed development, which is a part of a larger, unbroken forest,
whether or not it extends onto adjacent lots.
Forestation. (Tree Preservation and Protection) The act of planting trees.
Invasive Species. (Tree Preservation and Protection) Any species not indigenous
to a region, which becomes established and displaces native species.
Landscape Establishment Guarantee. (Tree Preservation and Protection) A
bond, irrevocable letter of credit, or other surety held by the City until the satisfactory
conclusion of the three-year landscape establishment period.
Less Desirable Species. (Tree Preservation and Protection) Low-Priority trees or
other woody shrubs listed in the City of Fayetteville Tree Preservation, Protection, and
Landscape Manual.
Mitigation. (Tree Preservation and Protection) The planting of trees on-site in an
effort to lessen the environmental damage caused by the injury or removal of trees during
development.
Native Woodlands. (Tree Preservation and Protection) A biological community
dominated by trees and woody shrubs native to the Ozark Plateau, covering an area of
10,000 square feet or greater. A list of species native to the Ozark Plateau maybe found
in the City of Fayetteville Tree Preservation, Protection, and Landscape Manual.
Non-native Woodlands. (Tree Preservation and Protection) A biological
community of trees and woody shrubs, covering an area of 10,000 square feet or greater,
descended from non-native species brought to the area during urban settlement. A list of
typical non-native species may be found in the City of Fayetteville Tree Preservation,
Protection, and Landscape Manual.
Percent Minimum Canopy. (Tree Preservation and Protection) The amount of
existing tree canopy an Applicant must preserve based on the zoning designation of the
land to be developed.
Relic Orchard. (Tree Preservation and Protection) Groups of fruit trees originally
planted for agricultural purposes, but since taken out of production.
Riparian. (Tree Preservation and Protection) Of, relating to, or located on the
bank of a river or stream.
Riparian Buffer. (Tree Preservation and Protection) A biological community
consisting of trees, woody shrubs and groundcover that exists along the banks of rivers,
creeks or intermittent and perennial streams.
0 0 Ord . 4340
EXHIBIT "A"
Significant Tree. (Tree Preservation and Protection) A tree with a diameter at
breast height (DBI)) of 24" or more for Fast Growth Species, 18" or more for Slow and
Moderate Growth Species, and 8" or more for Understory Species, as set forth in the City
of Fayetteville Tree Preservation, Protection, and Landscape Manual. A tree may also be
considered significant because of advanced age for its species, or because it represents an
uncommon or endangered species, or due to its location on a site designated as historic by
local, state or federal authorities.
Tree Preservation Area. (Tree Preservation and Protection) Those areas
designated for the protection of both preserved and planted trees depicted on a Tree
Preservation Plan, Abbreviated Tree Preservation Plan, Preliminary Plat, Large Scale
Development, or Site Plan.
Use Buffer. (Tree Preservation and Protection) Trees or other woody shrubs that
serve to screen incompatible land uses, unwanted light, or noise.
• Ord . 4340
E
EXHIBIT `B"
CHAPTER 167 :
TREE PRESERVATION AND PROTECTION
§167.01 PURPOSE. 9. To preserve riparian banks and
beds, and prevent sedimentation.
It is the purpose of this chapter to
protect and promote the health, safety, and 10. To screen incompatible land
general welfare and preserve and enhance uses.
the natural beauty of Fayetteville by
providing for regulation of the preservation, 11. To promote energy conservation.
planting, maintenance, and removal of trees
within the city, in order to accomplish the 12. To protect and enhance property
following objectives: values.
A. Objectives. B. Principles. This chapter shall be
enforced according to the following
1. To preserve existing tree canopy. principles:
2. To create a healthful 1 . Preservation shall be the first,
environment for Fayetteville residents, best, and standard approach.
businesses and industries.
2. If preservation cannot be
3. To moderate the harmful effects achieved, On-Site Mitigation shall next be
of sun, wind and temperature changes. pursued.
4. To buffer noise, air and visual 3. If On-Site Mitigation cannot be
pollution. achieved, Off-Site Preservation shall be
pursued.
5. To filter pollutants from the air
and assist in the generation of oxygen. 4. If Off-Site Preservation cannot
be achieved, Off-Site Forestation shall be
6. To reduce stormwater runoff and pursued.
the potential damage it may create.
5. If none of the above approaches
7. To stabilize soil and prevent can be achieved, payment shall be made to
erosion, with an emphasis on maintaining the Tree Escrow Account.
tree canopy on hillsides defined as Canopied
Slopes in Chapter 151 . §167.02 CITY OF FAYETTEVILLE
TREE PRESERVATION,
8. To provide habitat for birds and PROTECTION, AND LANDSCAPE
other wildlife. MANUAL. The Landscape Administrator,
in cooperation with other members of City
-1-
• 0 Ord . 4340
EXHIBIT `B"
Staff, shall promulgate and periodically §167.03 TREE REGISTRY.
revise forms, procedures and regulations to
implement this chapter, and publish this A. Trees or groups of trees which are
information in the City of Fayetteville Tree documented to be of historic merit, of an
Preservation, Protection, and Landscape uncommon or endangered species, or are of
Manual. extraordinary value due to their age, size, or
type, may be registered in the City of
A. Copies of the Tree Preservation, Fayetteville's Tree Registry. It shall be the
Protection, and Landscape Manual are to be duty of the Landscape Administrator to
made readily available to the public and maintain and keep this Registry on file in the
shall include, but need not be limited to: Administrator's office.
1 . Specific criteria for gaining City B. Registration of trees shall be
approval of Tree Preservation Plans; voluntary and may be done by the owner(s)
of the property on which the tree is located.
2. The format and content of reports Registration shall not run with the land,
and plans the Applicant must submit to the unless the property owner wishes to use an
City pursuant to this chapter; express trust to transfer a benefit in the tree
or groups of trees to the City. Registered
3. Tree protection during tree owners are entitled to consultation with
construction; the Tree and Landscape Advisory
Committee and/or the Landscape
4. A glossary of important terms Administrator concerning proper care and
used in this chapter; protection of the tree, as well as an
evaluation of the tree's condition.
5. Size and species requirements for
trees planted for On-Site Mitigation or Off- §167.04 TREE PRESERVATION AND
Site Forestation; PROTECTION DURING
DEVELOPMENT,
6. Maintenance of trees (including
but not limited to pruning, irrigation, and A. Applicability. The provisions of
protection from disease). this section shall apply to proposed
Subdivisions, Large Scale Developments,
B. The Tree and Landscape Advisory and developments required by other chapters
Committee shall review and may of the Unified Development Ordinance to go
recommend revisions to the Tree through the City's permitting process.
Preservation, Protection, and Landscape Persons seeking to build one ( 1 ) single-
Manual at least every three (3) years to family dwelling unit or one (1 ) duplex are
reflect changes in arboricultural and specifically exempt from the provisions of
horticultural practices, lists of preferred tree this section.
species, City policies or the content of this
chapter. 1. Subdivisions and Large Scale
Developments. Applicants seeking
-2-
. Ord . 4340
EXHIBIT `B"
approval of proposed Subdivisions and Preservation Plan, as set forth in
Large Scale Developments shall submit a § 167.04(H)(3), shall be submitted with the
Site Analysis Plan, Analysis Report, and application for permits on projects that are
Tree Preservation Plan with the Preliminary not required to go through the Subdivision
Plat or Site Plan. There shall be no land or Large Scale Development process. There
disturbance, grading or tree removal until a shall be no land disturbance, grading or tree
Tree Preservation Plan has been submitted removal until an Abbreviated Tree
and approved, and the tree protection Preservation Plan has been submitted and
measures at the site inspected and approved. approved, and the tree protection measures
at the site inspected and approved.
2. Grading Permits. An
Abbreviated Tree Preservation Plan, as set B. Tree Preservation Criteria. The
forth in § 167.04(H)(3), shall be submitted Landscape Administrator shall consider the
with the application for Grading Permits on following factors, and any other relevant
projects that are not required to go through information, when evaluating Tree
the Subdivision or Large Scale Development Preservation Plans:
process. There shall be no land disturbance,
grading or tree removal until an Abbreviated 1. The desirability of preserving a tree
Tree Preservation Plan has been submitted or group of trees by reason of age, location,
and approved, and the tree protection size or species.
measures at the site inspected and approved.
2. Whether the design incorporates the
3. Building Permits. Tree required Tree Preservation Priorities.
preservation requirements apply to all
permit applications for non-residential 3. The extent to which the area would
construction, and the construction of multi- be subject to environmental degradation due
family residential buildings composed of to removal of the tree or group of trees.
three (3) or more dwelling units. An
Abbreviated Tree Preservation Plan, as set 4. The impact of the reduction in tree
forth in § 167.04(H)(3), shall be submitted cover on adjacent properties, the
with the application for Building Permits on surrounding neighborhood and the property
projects that are not required to go through on which the tree or group of trees is
the Subdivision or Large Scale Development located.
process. There shall be no land disturbance,
grading or tree removal until an Abbreviated 5. Whether alternative construction
Tree Preservation Plan has been submitted methods have been proposed to reduce the
and approved, and the tree protection impact of development on existing trees.
measures at the site inspected-and approved.
6. Whether the size or shape of the lot
4. Parking Lots. Tree preservation reduces the flexibility of the design.
requirements apply to all permit applications
for the construction of parking lots with five
(5) or more spaces. An Abbreviated Tree
-3-
. Ord . 4340
EXHIBIT °B"
7. The general health and condition of C. Canopy Area. In all new
the tree or group of trees, or the presence of Subdivisions, Large Scale Developments,
any disease, injury or hazard. Industrial and Commercial Developments,
and all other improvements listed above,
8. The placement of the tree or group of trees shall be preserved as outlined in Table
trees in relation to utilities, structures and 1 under Percent Minimum Canopy, unless
the use of the property. the Applicant has been approved for On-Site
Mitigation or Off-Site Alternatives as set
9. The need to remove the tree or group forth in subsections (I) & (J) below. The
of trees for the purpose of installing, square foot percentage of canopy area
repairing, replacing, or maintaining essential required for preservation in new
public utilities. development is based on the total area of the
property for which the Applicant is seeking
10. Whether roads and utilities are approval, less the right-of-way dedications.
designed in relation to the existing An Applicant shall not be required to plant
topography, and routed, where possible, to trees in order to reach the Percent Minimum
avoid damage to existing canopy. Canopy requirement on land where less than
the minimum exists prior to development,
11. Construction requirements for On- unless trees have been removed.
Site and Off-Site drainage. Table 1 — Minimum Canopy
12. The effects of proposed On-Site Requirements
Mitigation or Off-Site Alternatives. PERCENT
ZONING MINIMUM
13. The effect other chapters of the DESIGNATIONS CANOPY
UDO, or City policies have on the A-1 Agricultural
development design. (Non-agricultural uses) 25
14. The extent to which development of RE Residential Estate 25
the site and the enforcement of this chapter
are impacted by state and federal RA Residential Acre 25
regulations.
RL Residential Large Lot 20
15. The impact a substantial RS Residential Small Lot 20
modification or rejection of the application R-O Residential-Office 20
would have on the Applicant.
R-1 Low Density 25
Note: The above items are not presented Residential
in any particular order of importance. The
weight each is given will depend in large R-1 .5 Moderate Density 20
part on the individual characteristics of each Residential
project. RMF-6 Low Density 20
Multi-Family Residential
-4-
0 Ord . 4340
EXHIBIT `B"
PERCENT using the Base Density for High Priority
ZONING MIN*1MUM trees.
DESIGNATIONS CANOPY
2. If an Applicant is able to
RMF- 12 Moderate Density 20 demonstrate to the Planning Commission's
Multi-Family Residential satisfaction that the trees were removed for a
RMF-18 Medium Density 20 bona fide agricultural purpose, and not with
Multi-Family Residential the intent to thwart enforcement of this
chapter, the additional ten percent (10%)
R-2 Medium Density 20 reforestation requirement shall be waived.
Residential
R-3 High Density 20 E. Tree Preservation Priorities.
Residential
C- 1 Neighborhood 15 1 . Proposed designs must meet the
Commercial Percent Minimum Canopy requirements for
C-2 Thoroughfare 15 the particular zoning designation,
Commercial emphasizing the preservation and protection
of High Priority trees on the site. Trees in
C-3 Central Business 15 utility easements shall not be counted
Commercial toward the Percent Minimum Canopy
C4 Downtown 10 requirement, and such utilities shall be
routed, wherever possible, to avoid existing
I- 1 Heavy Commercial and 15 canopy.
Light Industrial
2. Each design shall consider the
I-2 General Industrial 15 existing natural features of the site, the
P- 1 Institutional 25 Preservation Priorities for the trees, and the
impact their proposed removal may have
both on and off site.
D. Prior Tree Removal.
3. The list of Preservation Priorities
1 . If trees have been removed (see Table 2) shall guide the review of each
below the required minimum within the five development's design. The submittal of
(5) years preceding application for designs which do not incorporate
development approval, the site must be Preservation Priorities for the trees on the
forested to meet the Percent Minimum site shall result in the denial of the Tree
Canopy requirements set forth in Table 1 , Preservation Plan.
plus an additional ten percent (10%) of the
total area of the property for which the 4. The preservation and protection
Applicant is seeking approval, less the right- of High Priority trees shall be enforced most
of-way dedications. The number of trees stringently to meet the minimum percentage
required to be planted shall be calculated of canopy preservation. The preservation
and protection of lower priority trees shall
-5-
Ord . 4340
EXHIBIT "B"
not be substituted for that of High Priority 1 . Residential Subdivisions. The
trees, except: Percent Minimum Canopy in residential
subdivisions shall be located in areas that
a. when the justification for have the least possibility of impact as
such a substitution is set forth in the utilities are installed and homes built. The
Analysis Report; and, intent is to leave undisturbed as many
existing trees as possible for the use and
b. the substitution is approved enjoyment of prospective lot owners. All
by the Landscape Administrator. Residential Subdivisions requesting tree
removal below the Percent Minimum
Table 2 — Preservation Priorities Canopy requirement are required to
contribute to the Tree Escrow Account as set
Mid-level Low forth in § 167.04(J)(4)(a). Trees in utility
High Priority Priority Priority easements shall not be counted toward the
Percent Minimum Canopy requirement, and
Canopied Contiguous Invasive such utilities shall be routed to avoid
Slopes, Woodlands, Species, existing canopy.
2. Non-Residential Subdivisions.
Floodways & Non-native Relic Two options are available for establishing a
Riparian Woodlands, Orchards, Tree Preservation Plan for the development
Buffers, and of Non-Residential Subdivisions. The
and, Landscape Administrator shall recommend
Native Less to the Planning Commission the option that
Woodlands ,and Use Buffers. Desirable will potentially preserve the largest amount
Species. of priority canopy based upon the Tree
Significant Preservation Criteria set forth at § 167.04(B)
Trees.
Note: Each of the above is listed above. The Landscape Administrator may,
alphabetically beneath its respective when appropriate, recommend approval of a
category. They are not presented in any plan that contains some of the features of
particular order of importance within that both options, provided the plan satisfies the
category. intent and requirements of this chapter.
F. Tree Preservation Requirements a. Preservation Plan for
for Proposed Residential and Non- Entire Subdivision. The developer may
Residential Subdivisions. Where trees choose to preserve the Percent Minimum
exist, flexible approaches such as Canopy required for the entire development.
adjustments to lot layout, placement of With this option, the preserved canopy shall
buildings and paved surfaces, and location be located in areas that will not be impacted
of utilities shall be pursued in order to meet by future development of the individual lots.
the Percent Minimum Canopy required for Canopy to be preserved shall be noted on the
the applicable zoning designation. Final Plat, and shall be protected as set forth
in § 167.04(L) below. Should the entire
-6-
a • Ord . 4340
EXHIBIT "B"
Percent Minimum Canopy requirement for make recommendations to ensure the
the site be so protected, the Final Plat shall proposed subdivision or development
include a statement that the individual lots, complies with the requirements of this
as represented thereon, shall not require chapter. These recommendations shall be
separate Tree Preservation Plans. non-binding. However, Applicants proceed
at the risk of higher costs due to changes
b. Preservation Plan for required by a noncompliant submittal should
Infrastructure Only. The developer, in they choose not to have the Initial Review or
consultation with City Staff, shall delineate to disregard the recommendations of the
the area required for the construction of the Landscape Administrator.
infrastructure and improvements for the
development. This area should include street 2. Letter of Confirmation. The
rights-of-way, and utility and drainage Landscape Administrator shall document
easements. Lot lines, streets, and easements whether the Applicant participated in the
shall be located to avoid placing a Initial Review meeting in a Letter Of
disproportionate percentage of existing Confirmation to the Applicant. If the
canopy in any one (1) proposed lot. This Applicant chose to attend an Initial Review
option shall not allow the removal of trees meeting, the letter shall also document any
during the grading of individual lots, unless recommendations made. The Landscape
shown by the developer to be essential to the Administrator shall ensure that a copy of the
project's engineering design. The developer letter becomes part of the permanent file for
will be required to compensate for the the project.
canopy removed from this defined area by
making the appropriate payment into the H. Submittal of Plans. Applicants
Tree Escrow Account. On all other areas of should bear in mind that all plans will be
the development, the developer shall protect evaluated according to the Tree Preservation
the existing canopy during the construction Criteria and Percent Minimum Canopy
phase in accordance with § 167.05 below. requirements as set forth under § 167.04(B)
The Final Plat shall include a statement that & (C).
the individual lots shall require separate
Tree Preservation Plans. 1. Site Analysis Plan. On sites
with existing tree canopy, the Applicant
G. Initial Review. shall conduct a Site Analysis to determine
the approximate age, health, size and species
1 . Meeting with the Landscape distribution of the trees, noting each on a
Administrator. It is strongly recommended Site Analysis Plan, and clearly showing the
that prospective Applicants meet with the locations and types of all natural features on
Landscape Administrator for an Initial a site, including features one hundred feet
Review of the proposed Tree Preservation ( 100') beyond the property lines. The Site
Plan for the site prior to submitting a Analysis Plan shall also specifically depict
Preliminary Plat, Large Scale Development, the applicable Preservation Priority level for
or Site Plan to the City. During the Initial each tree or group of trees on the site. The
Review, the Landscape Administrator shall plan should include, but need not be limited
-7-
. . Ord. 4340
EXHIBIT "B"
to, delineation of the following features as j. Any other factors
they exist on the site: that may impact the design of 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 the Unified Soil Classification
System.
d. Any Significant
Trees 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 perennial and
intermittent streams and creeks that exist on
the site or within one hundred feet (100') of
the site.
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.
2. Tree Preservation Plan. 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.
3. Abbreviated Tree Preservation
Plan. Applicants requesting approval of
development projects that require Building,
Grading or Parking Lot permits, but that do
not fall under the requirements for Large
Scale Developments or Subdivisions, shall
prepare and submit an Abbreviated Tree
Preservation Plan. The information for this
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, restrictions
on traffic and materials storage shall be
depicted on the plan. A preliminary site visit
with the Landscape Administrator is highly
recommended before applying for any of the
I• Ord. 4340
EXHIBIT "B"
above -mentioned permits. The
Applicant
easements
for the added protection of trees
should consult the City of Fayetteville Tree
preserved
or planted to meet Percent
Preservation, Protection, and
Landscape
Minimum
Canopy requirements in those
Manual for details, examples and specific
instances
where such would be of mutual
checklists. Applicants
submitting
benefit to
the Applicant and the City.
Abbreviated Tree Preservation
Plans shall
not be required to submit either a Site
Analysis Plan or 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 detailing the
design approaches used to minimize damage
to or removal of existing canopy that were
considered in arriving at the proposed
design. Written justification shall be
presented as to why individual trees or
canopy must be removed. The report shall
also detail proposed On -Site Mitigation
options or Off -Site Alternatives, as detailed
below.
5. Grading and Utility Plans. All
subsequent Grading and Utility Plans shall
depict the Tree Preservation Areas on the
site, to include the preserved trees and the
physical limits of all protective measures
required during construction.
6. Submittal Requirements. The
Applicant shall submit two (2) copies of a
Site Analysis Plan and Analysis Report to
the Landscape Administrator, concurrently
with their Tree Preservation Plan.
Applicants submitting Abbreviated Tree
Preservation Plans shall not be required to
submit either a Site Analysis Plan or
Analysis Report.
7. Conservation Easements. The
City shall encourage the use of conservation
-9-
I. Request for On -Site Mitigation. If
an Applicant is able to demonstrate to the
Landscape Administrator's satisfaction that
a site's physical or spatial constraints
prevent the preservation of the Percent
Minimum Canopy, the Applicant may
request On -Site Mitigation. Trees that are
required to be planted in compliance with
other development chapters shall not be
counted for the purpose of satisfying the On -
Site Mitigation or Off -Site Alternative
requirements of this chapter.
1. Timing of Request for On -Site
Mitigation. Requests to remove trees below
the Percent Minimum Canopy requirement
must be incorporated in, and submitted
concurrently with the Applicant's Tree
Preservation Plan.
2. Plan Requirements. The Tree
Preservation Plan must graphically represent
the species and location for all trees to be
planted 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.
I. Ord. 4340
EXHIBIT "B"
3. Planting Details and Notes.
Planting details and notes shall be included
on the Tree Preservation 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) two inch (2") caliper trees per acre
removed.
b. Mid -Level Priority Canopy.
When removing Mid -Level Priority canopy
below the Percent Minimum Canopy
required, the canopy square footage
removed shall be forested at a Base Density
of one hundred fifty (150) two inch (2")
caliper trees per acre removed.
c. Low Priority Canopy. When
removing Low Priority canopy below the
Percent Minimum Canopy required, the
canopy square footage removed shall be
forested at a Base Density of one hundred
(100) two inch (2") 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 two
inch (2") caliper trees. However, the
Landscape Administrator may approve the
use of trees with less than two inch (2")
-10-
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 Density Table to be found in the
City of Fayetteville Tree Preservation,
Protection and Landscape Manual, along
with examples for using the Base Density
formula.
6. Preferred Species. All trees to
be planted shall be species native to the
region, when available, and 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 Landscape
Administrator.
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. On -Site Mitigation Incentive. If
all of the required trees can be located on -
site, the Landscape Administrator may
approve up to a twenty percent (20%)
reduction in the number of trees to be
planted. Any incentive reductions allowed
shall be based upon the following factors:
trees; and,
a. The species of the mitigation
. 0 Ord. 4340
EXHIBIT "B"
b. The space needed for the Scale Development Applicants requesting
healthy growth of the trees. Off -Site Alternatives, all Residential
J. Request for Off -Site Alternatives.
If an Applicant is able to demonstrate to the
Landscape Administrator's satisfaction that
neither preservation, nor On -Site Mitigation
can be achieved, the Applicant may request
Off -Site Alternatives. For Non -Residential
Subdivisions and Large Scale
Developments, Off -Site Alternatives shall
be allowed only if, after taking into
consideration the proposed design of the
project, On -Site Mitigation is deemed
impossible due to environmental or spatial
constraints. Trees that are required to be
planted in compliance with other
development chapters shall not be counted
for the purpose of satisfying the On -Site
Mitigation or Off -Site Alternative
requirements of this chapter.
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 from the
Landscape Administrator to preserve an
equal or greater amount of canopy cover at a
site within the City limits.
3. Off -Site Forestation. If Off -Site
Preservation cannot be achieved, the
Applicant may seek approval from the
Landscape Administrator to plant the
required number of trees on another site
owned by the Applicant and located within
the City limits.
4. Tree Escrow Account. Large
Subdivision Applicants requesting tree
removal below the Percent Minimum
Canopy requirement, and any other
Applicant unable to achieve either On -Site
Mitigation, Off -Site Preservation or Off -Site
Forestation, shall make a payment to the
City of Fayetteville Tree Escrow Account
for each tree required to meet the Base
Density requirements set forth above. The
amount of money to be paid shall be based
on the fair market value of materials and
labor at the time of planting. The Applicant
shall submit cost estimates to the Landscape
Administrator for approval.
a. All Residential Subdivisions
requesting tree removal below the Percent
Minimum Canopy requirement are required
to contribute to the Tree Escrow Account,
due to the fact that the health and survival of
the trees may be adversely affected as
individual lots are developed. The City shall
use the money paid into the Tree Escrow
Account to plant street trees within the
subdivision, when possible, once the
subdivision is built out.
b. 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.
c. Money contributed under this
section:
(1) May be used for canopy
mitigation, including planting site
identification, tree acquisition, planting, and
-11-
S
Ord,. 4340
EXHIBIT "B"
maintenance, utilizing either City Staff or
contract labor;
(2) Shall be deposited in a
separate interest -bearing Tree Escrow
Account; and
(3) Shall not revert to the
general fund for ongoing operations.
d. Planting locations will be
sought in appropriate sites within a one (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, and if that cannot be achieved,
anywhere in the City limits. The location of
appropriate planting spaces is to be derived
from the Fayetteville Tree Inventory to be
updated every seven (7) to ten (10) years.
5. Maintenance Agreement and
Landscape Establishment Guarantee.
All Plans requesting On -Site Mitigation or
Off -Site Forestation shall include a binding
three (3) year maintenance and monitoring
plan, which shall hold the Applicant
responsible for the health of all planted
trees.
a. Approval of a Plan requesting
On -Site Mitigation or Off -Site Forestation
shall be contingent upon the Applicant
depositing with the City either currency,
bond, irrevocable letter of credit or other
surety, in an amount equal to the estimated
cost of materials and labor for all trees at the
time of planting. The bond, irrevocable letter
of credit or other surety must cover the
entire three (3) year maintenance and
monitoring period. Applicant shall submit
cost estimates to the Landscape
Administrator for approval.
b. Upon completion of the three
year landscape establishment period, the
Landscape Administrator shall inspect the
site and determine whether ninety percent
(90%) of the trees are healthy and have a
reasonable chance of surviving to maturity.
Upon such a finding, the City shall release
the currency, bond or letter of credit.
c. 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
Landscape Administrator. 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.
d. 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.
K Tree Preservation Plan Review
Form. The Landscape Administrator 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 Landscape Administrator is
making a final Administrative
Determination, or a Recommendation to the
Planning Commission or City Council.
2.
The form
shall also
clearly
indicate
whether the
Applicant's
plan is
-12-
0 S Ord. 4340
EXHIBIT "B"
"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 Ordinance.
4. The Landscape Administrator
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.
1. 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 an approved Tree Preservation
Plan, Tree Preservation Areas shall be
clearly depicted on the Easement Plats for
Large Scale Developments and the Final
Plats for Non -Residential Subdivisions. This
shall be accompanied by a narrative
statement describing the nature of the
protection afforded, and bearing the
signature of the Landscape Administrator.
Lots in Residential Subdivisions are
expressly exempt from these requirements.
If it is impractical to include the actual
depiction of the canopy to be preserved on
the Easement Plat or Final Plat itself, a note
cross-referencing an accompanying
document shall suffice.
2. The geographic extent and
location of Tree Preservation Areas, once
recorded, may only be modified or abolished
with the express approval of the City
Council. Applicants requesting such action
shall bear the burden of proving to the City
Council's satisfaction that such modification
or abolition is in the best interest of the City
of Fayetteville. Such requests shall be
submitted to the Landscape Administrator,
who shall ask the City Clerk to place it on
the agenda of the next regularly scheduled
City Council meeting.
3. Property owners wishing to
remove diseased or dead trees from within a
recorded Tree Preservation Area, shall seek
prior approval from the Landscape
Administrator, 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 tree of
like or similar species, unless the Landscape
Administrator determines that natural
replacements of sufficient health and vigor
are already present in the Tree Preservation
Area.
§167.05 TREE PROTECTION
MEASURES AND CONSTRUCTION.
A. Site Inspection. A preliminary site
inspection followed by periodic inspections
will be conducted by the Landscape
Administrator to ensure compliance with the
Tree Preservation Plan.
B. Tree Protection. Tree Preservation
Areas shall be protected from construction
activity to prevent impingement by or the
storage of construction vehicles, materials,
debris, spoils or equipment in Tree
Preservation Areas. No filling, excavating
or other land disturbance shall take place in
Tree Preservation Areas. Before
-13-
Ord. 4340
EXHIBIT "B"
commencing any construction activity, the
Applicant shall construct tree protection
barriers on the site along the tree dripline or
ten feet (10') from the trunk, whichever is
greater. The Applicant shall also post signs
at each tree preservation area in accordance
with the standards, specifications and
guidelines provided in the City of
Fayetteville Tree Preservation, Protection,
and Landscape Manual. The Landscape
Administrator 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
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 Landscape
Administrator. If the required barriers
surrounding the tree preservation areas are
not adequately maintained and protected
during construction, the Landscape
Administrator 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.
§167.06 TREE PLANTING,
MAINTENANCE, AND REMOVAL ON
STREET RIGHTS -OF -WAY AND
OTHER PUBLIC GROUNDS.
A. Follow Tree Preservation,
Protection, and Landscape Manual. All
tree planting, maintenance or removal on
public grounds shall follow the standards,
specifications and guidelines provided in the
City of Fayetteville Tree Preservation,
Protection, and Landscape Manual.
B. Tree Planting. Trees may be
planted within street rights -of -way or on
other public grounds only after notification
to the Landscape Administrator; and,
provided the selection and location of said
trees is in accordance with the requirements
of this chapter.
C. Tree Removal. Trees shall not be
removed from a street right-of-way or other
public grounds unless approval is received
from the Landscape Administrator, with the
exception that City employees may remove
trees when necessary to accomplish
emergency repairs to sewer or water
systems, or in order to alleviate flooding.
D. Damage to Trees. It shall be a
violation of this chapter 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 or limb),
sign, poster, handbill or any other thing to
any such tree.
E. Top or Cutback to Stubs. 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. Reserved Rights. The City reserves
the right to plant, preserve, prune, maintain
or 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, or, as may
be necessary to preserve or enhance the
-14-
SOrd. 4340
EXHIBIT "B"
symmetry and beauty of such public tree surgery, within the City of Fayetteville,
grounds. shall be required to carry liability insurance
in the following minimum amounts:
G. Line of Sight. Trees shall not be
planted to conceal a fire hydrant from the
street or impede the line of sight on any
street.
H. Storm Damage. Trees severely
damaged by storms or other accidental
causes, where required pruning practices are
impractical, are exempt from this chapter.
I. City Employees. Before cutting,
pruning, removing or trimming any tree,
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.
J. Public Utilities. Nothing in this
section shall be construed to prohibit public
utilities from pruning or removing trees that
encroach upon electric, telephone, or cable
television transmission lines, or gas, sewer
or water pipes.
§167.07 COMMERCIAL TREE
PRUNER/ SERVICE: CERTIFICATE
AND INSURANCE REQUIRED.
A. Certificate Required. Before
cutting, pruning, removing or trimming any
tree within the City of Fayetteville, the
owner and supervisory personnel of each
business performing commercial tree work
shall obtain a City issued Commercial Tree
Pruner/Service Certificate.
B. Liability Insurance. Each business
performing commercial tree work, to include
-15-
General Aggregate: $100,000
Personal & Advertising: $100,000
Each Occurrence: $100,000
Proof of coverage shall include the name of
the insurance company issuing the policy,
the name of the insured, the policy number,
effective and expiration dates, and the
signature of an authorized representative of
the insurance company.
C. Workshop. Owners and supervisory
personnel 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 International Society of
Arboriculture (ISA).
D. Certificate Issuance. A certificate
shall be issued when an individual has
successfully completed the workshop or
scored adequately on the test.
E. Job Site. It shall be the
responsibility of the business owner to
ensure that a copy of the certificate is
maintained at each job site.
F. Supervision. All persons engaged in
the business of trimming trees shall be under
the supervision of a certified tree
pruner/service.
Ord. 4340
EXHIBIT "B"
G. Workers Compensation. 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.
H. Licensure. Those individuals
performing tree surgery shall comply with
licensure requirements as set forth under
Arkansas law.
§167.08 HAZARDOUS TREES.
A. Pruning. 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. Order of Removal. 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 send written
notice via First Class mail to the property
owner ordering the performance of such acts
within twenty (20) days. If the property
owner's identity or whereabouts are
unknown, a copy of the written notice shall
be posted upon the premises.
C. Non-compliance. It shall be
unlawful for any person to fail or refuse to
comply with any order and notice given
pursuant to this section.
-16-
D. Removal By City. If the conditions
described in a notice given, as set forth
above, are not removed or corrected within
twenty (20) 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.
Enforcement of the lien shall be as set forth
in section 95.03 of the Fayetteville Code of
Ordinances. Such action shall not be taken if
the owner has evidenced a willingness to
comply by hiring a qualified tree service
before the expiration of the twenty (20) day
period.
§167.09 LOCAL DISASTER
EMERGENCY. If it becomes necessary
for the Mayor to declare a local disaster
emergency pursuant to A.C.A. 12-75-
108(b)(2), the provisions of this chapter may
be suspended for up to thirty (30) days, if
strict compliance with its provisions would
prevent, hinder, or delay actions necessary
to cope with the disaster emergency.
NAME OF FILE: Ordinance No. 4340
CROSS REFERENCE:
10/02/01 Ordinance No. 4340
Exhibit "A" (to be inserted at Chapter 151: Definitions, UDO)
Exhibit "B" (Chapter 167: Tree Preservation and Protection, UDO)
10/11/01 Memo to Tim Conklin, Planning Director, from Heather Woodruff, City
Clerk
NOTES:
FAYETTEVItLE
THE CITY OF FAYETTEVILLE, ARKANSAS
DEPARTMENTAL CORRESPOND
To: Tim Conklin, Planning Director
From: Heather Woodruff, City Clerk
Date: October 11, 2001
Attached is a copy of the ordinance amending the Tree Preservation and Protection ordinance.
The original will be microfilmed and filed with the City Clerk.
cc: Kim Hesse, Landscape Administrator
Jim Beavers, Engineering
Kit Williams, City Attorney