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-