HomeMy WebLinkAboutOrdinance 4917 9 ,
ORDINANCE NO. 4917
AN ORDINANCE AMENDING TITLE XV: UNIFIED
DEVELOPMENT CODE, TO CONSOLIDATE
LANDSCAPING REQUIREMENTS INTO A NEW
CHAPTER 177: LANDSCAPE REGULATIONS; AND
AMENDING OTHER CHAPTERS ACCORDINGLY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS, ,
Section 1. That Chapter 151, Definitions is hereby amended by inserting
and deleting certain definitions as set forth in Exhibit "A," attached hereto and
made a part hereof.
Section 2. That Chapter 152, Administration is hereby amended by adding
subsections Q) and (K) to § 152.01, as set forth in Exhibit "B," attached hereto and
made a part hereof. , -
Section 3. That Chapter 156, Variances is hereby amended by adding a
new § 156.07, as set forth in Exhibit "C," attached hereto and made a part hereof.
Section 4. That § 166.10, Buffer Strips and Screening is hereby repealed,
and § 166.14, Commercial Design and Development Standards, is repealed and
replaced as set forth in Exhibit "D," attached hereto and made a part hereof.
Section 5. That § 172.04(D) (2)(a)(ii) Two-way, is hereby repealed, and the
new language as set forth in Exhibit "E," attached hereto and made a part hereof,
is inserted in its stead.
Section 6. That § 172.07, Parking Lot Landscaping Requirements, is hereby
repealed.
Section 7. That Exhibit "F attached hereto and made a part hereof, is
hereby adopted as Chapter 177, Landscape Regulations, Unified Development
Code.
PASSED and APPROVED this 5thday of September, 2006. ��,•��RK!TReq' ,,,�
APPROVED: ATTEST: = ; FAYETTEVILLE ;
By: By. Ncr..... .
DAN COODY, Mayo SODRA SMITH, City Clerk
City of Fayetteville Cf SSA
Staff Review Form1* 7
City Council Agenda Items T /
or
Contracts
5-Sep-O6
City Council Meeting Date
Jeremy Pate Current Planning Operations
Submitted By Division Department
Action Required :
ADM 06- 1959: Administrative Item (CONSOLIDATED LANDSCAPE ORDINANCE): Submitted by Planning Staff and the
Urban Forester to amend Title XV: Unified Development Code of the City of Fayetteville, consolidating landscaping
requirements into a new Chapter 177 Landscape Regulations and revising associated chapters accordingly.
N/A N/A N/A
Cost of this request Category/Project Budget Program Category / Project Name
N/A N/A N/A
F I
Account Number Funds Used to Date Program./ Project Category Name
N/A N/A N/A
$
Project Number Remaining Balance Fund Name
Budgeted Item Budget Adjustment Attached
Previous Ordinance or Resolution # n/a
ment irec or Date Original Contract Date: n/a
Z' Original Contract Number: n/a
66
City Attorney
Received in ClerRI Office
Finance and Internal Service Director Date W� - I
/, ` Received in Mayor's Offce
(�
Mayor Date g' Q
Comments:
n
City Council Meeting of September 05, 2006
Agenda Item Number
CITY COUNCIL AGENDA MEMO
To: Mayor and City Council
Thru: Gary Dumas, Director of Operations
From : Jeremy C. Pate, Director of Current Planning
Date: August 15, 2006
Subject: Amendments to the Unified Development Code to create a Consolidated
Landscape Code (Ch. 177 Landscape Regulations) and revise other chapters as needed
RECOMMENDATION
Planning staff recommends approval of the attached amendments to the Unified
Development Code (UDC) in order to create a consolidated landscape code and update
associated landscape regulations in the UDC. Staff is recommending amendments to the
following chapters of the Unified Development Code that will be impacted by the
adoption of the new Ch. 177 Landscape Regulations: Chapter 151 , Definitions; Chapter
152, Administration; Chapter 156, Variances; Chapter 166, Development; Chapter 172,
Parking and Loading. A new chapter of the UDC is also proposed to be adopted, Chapter
177, Landscape Regulations. The following represents a summary of the amendments ,
proposed: 1
.
Amendments Summary
Ch. 151 Definitions
• Added definitions of "aspect, caliper, stormwater facility, urban forester"
• Redefined application of Landscape Administrator/Urban Forester as common
terms
Ch. 152 Administration K. . .
• Added outdoor lighting administration (not related to landscape regulations, but
overlooked when outdoor lighting ordinance was adopted)
• Added Landscape Administrator/Urban Forester to administer Landscape
Regulations, Ch. 177 of the UDC
Ch. 156 Variances
• Added a variance section for landscape regulations, giving findings for granting
variances of landscape provisions using similar language as in other sections of
the UDC
Ch. 166 Development
• Removed Ch. 166. 10 Buffer Strips and Screening, relocated under 166. 14,
Commercial Design Standards (this subsection all refers to requirements of
City Council Meeting of September 05, 2006
Agenda Item Number
screening, and we only require these when non-residential uses are proposed, so I
placed it under this chapter)
• Ch. 166. 14 Commercial Design Standards removed and replaced with attached
"Exhibit A." I have included the strike-thru and highlighted the changed or
amended language in this section. It primarily reorganizes the chapter and adds
the Buffer Strips and Screening under Commercial Design Standards.
Ch. 172 Parking and Loading
• Removed a reference to a landscaped median in 172.04.D.2.a.ii (it creates a
dangerous turning movement)
• Removed all of Ch. 172.07 Parking Lot Landscaping Requirements, relocated to
new Ch. 177.
Ch. 177 Landscape Regulations
• Created new chapter of UDC. Some of this information is new, some replaces that
removed from other chapters above. Primary new regulations are included below.
• Created purpose for Landscape Regulations in the City of Fayetteville.
• Added a requirement for a registered Landscape Architect' s seal to be affixed for
those landscape plans associated with Large Scale Developments/Subdivisions
(see comments submitted by President of the Arkansas Chapter of the American
Society of Landscape Architects and Chair of the Arkansas State Board of
Landscape Architects, as well as the Arkansas State Board of Landscape
Architects Act passed in 2001 Regular Legislative Session).
• ' ' Revised landscape plan submittal information to make more clear what is
expected.
• Per Planning Commission amendment, added a sub-section on tree plantings
based on aspect, or achieving shade by planting on the south and west sides of
parking areas, etc.
• Added exemptions to certain landscaping requirements upon approval by the
Urban Forester due to terrain, existing trees or other physical limitations.
• Added Street Tree Planting standards. This defines the Street Tree Planting
requirements already in place for commercial and multi-family projects, and adds
a requirement for one tree per lot for residential subdivisions, as well as
appropriate maintenance guarantees.
• Added urban street tree standards for those projects in urban/downtown areas or
those projects developing with traditional urban development standards, where
buildings adjacent to the sidewalk do not allow for the 15-25 foot greenspace.
• Added two new sections, Stormwater Facilities and Landscaping for Erosion
Control, both of which dovetail with the Stormwater Regulations proposed by the
Engineering Division. Those trees utilized for Stormwater Facilities may also be
counted as mitigation trees.
BACKGROUND
The attached documents represent a comprehensive effort put forth by Sarah Patterson,
Urban Forester, the Tree and Landscape Advisory Committee and the Planning Division.
Together, we have prepared a consolidated landscape ordinance for your review and
adoption, which is attached. This was formally considered by the Planning Commission on
City Council Meeting of September 05, 2006
Agenda Item Number
July 24 and the Ordinance Review Committee on August 09. All public comment received
thus far has been in favor of the proposed amendments.
The purpose of this UDC amendment is twofold : 1 ) To consolidate the landscape
requirements that are currently scattered throughout several chapters of the current code; and
2) To clarify and strengthen those areas of the current code that are out-of-date, no longer
applicable, or needed to be amended to accomplish the goals of the City to create and
maintain a healthy and sustainable community, among other things. You will note that there
are various chapters that were required to be amended. For the most part, the existing UDC
chapters contain strike-thru of existing text, information that was removed and relocated to a
new Ch. 177, Landscape Regulations. The major exception to this is Chapter 166, which
involved some reorganization of sub-chapters to make it read more clearly and consolidate
some of the requirements under Commercial Design Standards.
Chapter 177, Landscape Regulations, is the primary product of the recommended
amendments. We have taken the majority of information from the other (amended) UDC
chapters and written a new Chapter 177 Landscape Regulations of the UDC, including some
new information and requirements as seen needed. Some sections are verbatim from other
chapters; others are borrowed from other chapters of the UDC; and still others are entirely
new language. The ordinance you see here has been reviewed and commented on by the Tree
and Landscape Advisory Committee, Planning Commission and Ordinance Review
Committee, and staff has incorporated any revision comments.
Also attached is a draft of the Landscape Manual that is being updated in tandem. This is,
much like the Hillside Best Practices Manual, a manual that is updated by staff to reflect best
management practices. It is utilized in tandem with the Landscape and Tree Preservation
regulations of the UDC, and includes installation and maintenance information, drawings and
examples, standards and specifications, and vegetation lists. It is also binding, as referenced
in the UDC, but to a different extent than the UDC. The maintenance of the Landscape
Manual is administered by the Urban Forester, and does not require adoption by the City
Council.
DISCUSSION
, The Consolidated Landscape Code amendments have received favorable
recommendations from the Tree and Landscape Advisory Committee, the Planning , .
Commission and the Ordinance Review Committee.
BUDGETIMPACT
None.
ORDINANCE NO,
AN ORDINANCE AMENDII ' G TITL UNIFIED
DEVELOPMENT CODE, TO C OLIDA E DSCAFING
REQUIREMENTS A NEW PTE R ' 77: LANDSC 4 E
REGULATIA D AME DIST OTI ER CH KERS
ACCORDINGL :
v
B E IT OR "D BY T CI OUNCIL OF THE CITY OF
FAY EVILLRICANSiAS:
aS. ction .�rThat pter 151, Definitions is hereby amended by inserting
anddeleting � extam "definitions as set forth in Exhibit "A," attached hereto and
made Ap�art�ereof.
Section 2. That Chapter 152, Administration is hereby amended by adding
subsections Q) and (K) to §152.01, as set forth in Exhibit "B," attached hereto and
made a part hereof.
Section 3. That Chapter 156, Variances is hereby amended by adding a
new §156.07, as set forth in Exhibit "C," attached hereto and made a part hereof.
Section 4. That §166.10, Buffer Strips and Screening is hereby repealed,
and §166.14, Commercial Design and Development Standards, is repealed and
replaced as set forth in Exhibit "D," attached hereto and made a part hereof.
Section 5. That § 172.04(D)(2)(a)(ii) Two-way, is hereby repealed, and the
new language as set forth in Exhibit "E," attached hereto and made a part hereof,
is inserted in its stead.
Section 6. That § 172.07, Parking Lot Landscaping Requirements, is hereby
repealed.
Section 7. That Exhibit "F;' attached hereto and made a part hereof, is
hereby adopted as Chapter 177, Landscape Regulations, Unified Development
Code.
PASSED and APPROVED this 5thday of September, 2006.
APPROVED:
�x
By: -g
DCOODY, Mayo
ATTEST:
By: A .0 If. ) - I I
O� DRA SMIT ` , iYy -lerk
EXHIBIT "A"
To be inserted in Chapter 151 Definitions:
§151.01 Definitions.
Aspect. (Landscape Regulations) The angle of exposure from sunlight as it relates to the
slope of the earth, primarily south and west in this region.
Stormwater Facility. (Landscape Regulations) A facility designed to meet the requirements
for stormwater management. For the purposes of this section, stormwater facilities refer
primarily to detention ponds.
Urban Forester. (Tree Preservation and Protection, Landscape Regulations) The person who
is responsible for the administration of Tree Preservation and Protection, Chapter 167 and
Landscape Regulations, Chapter 177. Also known as Landscape Administrator.
To be removed and replaced in Chapter 151 Definitions:
Caliper. (Landscape Regulations) A measurement of general tree size taken at a point
located six inches above natural ground or root ball surface.
Landscape administrator. (Tree Preservation and Protection) The person who is responsible
for the administration of Tree Preservation and Protection, Chapter 167 and Landscape
Regulations, Chapter 177. Also known as Urban Forester.
EXHIBIT "C"
To be inserted in Chapter 156 Variances:
§156.07 Landscape Regulations.
(A) The Planning Commission shall have the authority to grant a variance from the landscaping
requirements prescribed by § 177.
(B) Findings. The Planning Commission shall make the following findings:
( 1 ) Minimum variance. That the reasons set forth in the application justify the granting
of the variance, and that the variance is the minimum variance that will make possible
the reasonable use of the land, building, or structure.
(2) Harmony with general purpose. The Planning Commission shall further make a
finding that the granting of the variance will be in harmony with the general purpose
and intent of the Landscape Regulations, § 177, and will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
(3) Conditions and safeguards. In granting any variance, the Planning Commission may
prescribe appropriate conditions and safeguards to ensure compliance or to protect
adjacent property.
(4) Undue Hardship. If the provisions of the standards within Landscape Regulations,
§ 177, are shown by the developer to cause undue hardship as they apply to his
proposed development, the Planning Commission may grant a variance to the
developer from such provisions, so that substantial justice may be done and the public
interest secured; provided that the variation will not have the effect of nullifying the
intent and purpose of development regulations.
EXHIBIT "D"
To be removed from Chapter 166 Development:
§166.10 Buffer Strips and Screening
This Chapter subsection is being removed in its entirety.
§166.14 Commercial Design and Development Standards
This Chapter subsection is being re-adopted in its entirety.
166.14 Commercial Design And Development Standards
(A) Purposes.
( 1 ) To protect and enhance Fayetteville's appearance, identity, and natural and
economic vitality.
(2) To address environmental concerns which neftide'Ibul are not limited to, soil
erosion, vegetation preservationland drainage
(3) To protect and preserve the scenic source`s resources-distributed throughout the city which
have contributed greatly to its conomic�&velopment,,� attracting tourists,
permanent part-time residents, newgmdustries and;cul`tural facilities.
(4) To preserve thei4ality of life and integrate the different zones and uses ,in a
compatible tanner.
(5) To address the issues of traffic, safety, and crime prevention.
(6) Topreseryeserve property values of surrounding property.
( opprovide good cc desig d arrangement.
(B) Applicability. The standards set forth herein shall apply in the following zoning
districts, except as noted`.
( 1 ) R-O, Residential Office;
(2) C-1 , Neighborhood Commercial
(3) C-2, Thoroughfare Commercial;
(4) C-3, Central Commercial;
(5) C-4, Downtown;
CD177:4
TITLE XV UNIFIED DEVELOPMENT CODE
(6) I- 1 , Heavy Commercial and Light Industrial;
(7) I-2, General Industrial;
(8) P-1 , Institutional;
(9) E- 1 , Extraction;
( 10) PZD, Planned Zoning District when commercial, office,, institutional and
industrial uses are planned.
( 11) Any other zoning district when commercial, office, institutional, and
industrial uses are allowed as a conditional use.
(C) Site development standards and Design elements;for commercial structures. The
following site development standards and designelement guidelines for commercial
structures shall apply when either new development or expansion of 25%of the
existing building square footage occurs.
( 1 ) The elements to avoid or minimize include:
(a) Unpainted concrete precision:blocOwalls,
(b) Square "boxlike'i stfuctures;
(c) Metal skiing which dominates the main facade;
(d) Large blank ung i ula'ted-walLsurfaces;
(e)I�Larg out�of�scale sig!
'nswith flashy colors.
(2bnstruction and appearancedesign standards for commercial structures.
(a)°A commercial 'structure or development shall be designed to avoid . or
minimize the elem nts set forth in (1 )(a) — (d) above.
(b) A commercial , development which contains more than one building should
. - -=r
incorporate �a,�recurring, unifying, and identifiable theme for the entire
developme Y site.
(c) A development should provide compatibility and transition between adjoining
developments.
F
CD171:5
TITLE XV UNIFIED DEVELOPMENT CODE
Design Element Guidelines, Commercial
Sign out of scale
with buildinq_.
Large blank,
wall surface
Large box
(3) Site coverage. A maximum of 85% of the
the ground floor of any structure, parking 1
drives or any other impermeable surface:
Design Overlay District are exempt from'thi
(4) Driveways. Shared drives and cross
encouraged to developed and tndevvelopec
(5) Setback reduction. Required building setbac
with the following table where vegetahonihav
1
six inches at the time ofplanting andoccupyin
and no off-street parking is, provided'innthe'
drive aisles may be iiermifted`within the setbac.
C-1, C-2, and I=l'.
From 50 feet toQ
zones
'fee' 1�,
R -O zone
z,`
`-O
From 0 et to 25
�=
feet
I-2 z6ne/
From 100 feet to 50
feet'
Metal siding
dominating
main facade
em site inayhbe covered by
alks, and private,streets and
districts C-3, C-4, and the
tent._
z
ween properties shall be
ced iw accordance
height of one foot
en area is installed
setback. One-way
(6)Ja n\ante of vege[adon. Vegetation, under the provisions of this section, shall
be continuously maintained to conform to the requirements of this section.
(7) Fences. The•following types, height, and location of fences shall be prohibited:
(a) Razor and/or barbed wire. Razor and/or barbed wire fences are prohibited if
visible from the street right-of-way or a residence, unless and except barbed
wire fences are used for agricultural purposes.
(b) Chain link. Chain link fence is prohibited if closer to the street than the front
of the building in zoning districts C-1, C-2, C-3, C-4, and R -O. Residential
uses are exempt from this requirement.
CD177:6
TITLE XV UNIFIED DEVELOPMENT CODE
(c) Height offences in front buildings. Fences located in front of the primary
structure may be solid up to 30 inches in height. Any part of a fence which
exceeds 30 inches in height shall not obstruct the view of the primary
structure from the right-of-way.
(D) Buffer Strips and screening. When review of a development requires the construction
and maintenance of a buffer strip, fence, or screen wall as a condition for initiating
and subsequently continuing any use, such buffer strip, fence, or screen wall shall be
constructed and maintained on the zoning lot containing or proposed to contain such
use, in accordance with provisions of this chapter. The purpose' of the buffer strip
shall be to provide separation and enclosure of uses; the purpose of the fence to
enclose uses; the purpose of the screening wall to co� 1 uses. N\
(1) Landscaped area. The buffer strip landscaped area shall consist of'a strip of land
at least 12 feet wide which shall be adequately landscaped with appr'oval�of the
Urban Forester, entirely on the zoning lot which is required to provide the buffer
strip, and so located as to serve as an effective r-
•buffe'between the use required to
provide the buffer strip and other property for whose protection the buffer strip is
required. The buffer strip shtll'exttend along'the ftill length of the boundary
separating the zoning lot from sruc`ho`ther_property,'or from the street, as the case
may be. \ ` `Nc`�.- \
(2) Fence required. Requiredifences shalibe'of£awood'or chain link type (barbed
wire not permitted) not less than six (6) feet high, constructed of good, substantial
material, of first-class workmanship, and so erected as to resist wind pressure,
ensure public safety, and present a neat, attractive uniform appearance.
(3) Screen reequired.\Screening shall.mean`a,view obscuring fence, view obscuring
berm view" obscuring architectural treatment, or view obscuring vegetation, or
corribinatiomth eof, of sufficient height to prevent the view of the screened items
from vehicularr"and\,pedestrian traffic on adjacent streets, and from residential
property. Vegetation. shalltbe�planted at a density sufficient to become view
obscuring within two years from the date of planting. . ..
(4) Mechanical,and utility equipment and trash enclosures shall be screened if visible
from the highway//street right-of-way or from residential property as set forth
below: \
(a) Mechanical and utility equipment. All mechanical and utility equipment
located on the wall and/or on the ground shall be screened. All roof mounted
utilities and mechanical equipment shall be screened by incorporating
screening into the structure utilizing materials compatible with the supporting
building. Mechanical and utility equipment over 30 inches in height shall meet
building setbacks.
CD177:7
lflhU*fu•JJ1iIMO,J gt•»�l�.rrK•�•»l
(b) Trash enclosures. Trash enclosures shall be screened with materials that are
compatible with and complementary to the principal structure, with access not
visible from the street.
(5) Outdoor storage of material and equipment shall be screened if visible from the
highway/street right-of-way or from residential property as set forth below:
(a) At the expense of the owner or lessee of the property, and in all zones, the
following uses shall be completely surrounded by a view/obscuring fence or
by view obscuring vegetation, or a combination of the two, of sufficient height
to prevent the view of the premises from vehiculareand>pedestrian traffic on
adjacent streets: outdoor storage yards, including but not limited to, auto
salvage yards, scrap metal yards, used furniture yard'eand garbage dumps.
(b) Where vegetation is used to meet the requirements of this subsection, the
vegetation shall be planted at a density sufficient to become view
within two years from the date of planting. If vegetation planted under this
subsection does not become view -obscuring within two years, a` view -
obscuring fence shall be installed. ���
(c) Exceptions: The outdoor display ofmaterials or equipment solely for sale or
lease, such as automobiles, seasonaligaarrden#supplies, etc. shall not be required
to be screened ass set forth in subsection
n((a) above.
Non-residential adjac� ent,to residential zonesA view -obscuring fence or view -
obscuring vegetation, or a'\combinatio of the two, shall be required between
residential uses and all nonresidential us es'\'(including access drives and parking
lots for five (5). ormore cars accessory to anv•use).
(6)
ned by viib
common Drone
trontage on any pu.
planted*at a density
the date o'fIplanting
maintain the screen
storage.
(E) Design review.
:pense oft own& of the property, all storage units and
torage.created under Use Unit 38 shall be required to be
ing vegetation when the storage yards or the storage units
ines th any residential use or zone and when they have
street. Vegetation used for screening purposes shall be
ficient to become view obscuring within two years from
I it shall be the responsibility of the property owner to
throughout the life of the use of the property as mini -
(1) Submittals. The following drawings, information, and plans shall be submitted to
the Planning Commission for design review and approval with large scale
development applications, when applicable; or, submitted to the Planning
Division for design review and approval with, or prior to, building permit
applications for non -large scale development.
CD177:8
TITLE XV UNIFIED DEVELOPMENT CODE
(a) Elevations. Rendered elevation drawing of all facades showing adjoining
context and a description of external building materials.
(b) Materials sample. A sample of exterior materials to be used for the proposed
structure that indicates texture, color and type of materials.
(c) Landscaping. Proposed landscaping to be used as screening shall be shown on
the tree preservation plan and landscape plan.
(2) Build out. Upon approval of a large scale development/6r issuance of a building
permit, build -out of the project shall conform to the4rawings, information, and
plans approved. _ \\
(a) Amendments. Amendments to the drawitfgs,4information, and+plans shall be
submitted to the planning division. Amendments which are determined to be
insignificant or minor may be approved b- y the Planning Division. Significant
amendment shall be approved by the Planning Commission when approval
was given through the large scale development process, or by the planning
division when approval was given through the�building permit process.
(F)
(b) Review. Amendments
initial design approval.
standards as the
(c) Noncomplian e. `Failure' to build-out=the projeceaccording to the approved
drawings,,/'nfo"imation�, and plans o approved amendments thereto, shall
render the large scale d€velopment approval, or the building permit approval
void. /
56)
CD177:9
TITLE XV UNIFIED DEVELOPMENT CODE
EXHIBIT "E"
To be amended in Chapter 172 Parking and Loading:
§172.04 Parking Lot Design Standards
(D)(2)(a)(ii) Two-way. For two way access, each entrance lane shall be a minimum of 12
feet wide and a maximum of 15 feet wide.
§17
Thi.
CD177:10
TITLE XV UNIFIED DEVELOPMENT CODE
EXHIBIT "F"
To be adopted as Chapter 177 Landscape Regulations of the Unified Development Code:
CD177:11
TITLE XV UNIFIED DEVELOPMENT CODE
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 177: LANDSCAPE REGULATIONS
177.01 PURPOSE
13
177.02 CITY OF FAYETTEVILLE TREE PRESERVATION, PROTECTION, AND LANDSCAPE
MANUAL........................................................................................................................................14
177.03 LANDSCAPE PLAN REQUIREMENTS
177.04 SITE DEVELOPMENT AND PARKING LOT STANDARDS
177.05 STREET TREE PLANTING STANDARDS
177.06 STORMWATERFACILITIES................................./.....r................
177.07 LANDSCAPING FOR EROSION CONTROL// ....................
177.08 TIMING OF INSTALLATION.................. ..... . ...
177.09-177.99 RESERVED........................................................................
CD177:12
Bookmark not defined.
........ .............................10
. Error! Bookmark not defined.
. Error! Bookmark not defined.
. Error! Bookmark not defined.
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 177: LANDSCAPE REGULATIONS
177.01 Purpose
(A)It is the purpose of this chapter to preserve and protect the health, safety, and general
welfare, preserve and enhance the natural beauty of Fayetteville, and create an
attractive, environmentally sound and healthy urban landscape for the residents of the
City of Fayetteville to enjoy by providing for regulations of the design, planting,
establishment and maintenance of spaces impacted by developmental practices.
(B) The standards found within this chapter accomplish
new vegetation by:
(1) Promoting the beautification of the
aesthetic quality;
(2) Promoting reasonable conservation
vegetation;
poses with existing and
illetnd enhancing its
x`
valued treecanonv and
(3) Aiding in restoring ecologicil'rbalance by contributing to air purification, oxygen
regeneration, and ground water recharge,
(4) Providing for vegetation to reduce storm waterrunoff.and the potential damage it
may create
(5) Achieving*a meaningful urban landscape while permitting economically feasible
urban development to occut.
6 Creatin a 'h alth `~ ( ) Creating g yw environmentfor„ Fayetteville residents, businesses, and
of sun, wind, and temperature changes;
noise,'airand visual pollution;
(9) Sefeer?ing incompatible land uses and enhancing the appearance of parking lots in
all zonine'distfiicts
(10) Promoting'energy conservation; and
(11) Protecting and enhancing property values.
(C) Principles. This chapter shall be enforced according to the following principles:
(I) Sufficient landscaping shall provide beautification, soil stability and suitable
drainage.
CD177:13
TITLE XV UNIFIED DEVELOPMENT CODE
(2) Trees, shrubs, groundcover and grass shall be the primary source of landscaping
and shall be retained and/or placed in such a manner as to reduce water runoff and
provide for safe sight distances at intersections and points of access.
(3) The current property owner shall properly maintain all landscaping and shall
replace any landscaping that dies or is damaged. Landscaping that dies or is
damaged shall be removed and replaced by the current owner of the property.
The owner shall have sixty (60) days from the receipt of written notice issued by
the City of Fayetteville to remove and replace any required landscaping that dies
or is damaged. /
(4) Native vegetation is preferred. Vegetation
preferred. ,
(5) Preservation is primary; therefore
incorporate existing on -site trees a
(6) Providing outdoor spaces and places for
(7) The City of Fayetteville'sli
chapter to explain specific of
guidance in implementing all
watering is also
shall make a con'ert�d attempt to
lm
to gather is strongly encouraged.
hall be used in support of this
iples,and to provide a resource for
p. -'• � i
177.02 City Of Fayetteville Tree'\Preservation, Protection, And Landscape Manual
The Urban Foresterlin cooperation with other members of city staff, shall promulgate
and periodically revise forms, procedures and regulations to implement this chapter and
publish this information in the•City ofFayetlleville Tree Preservation, Protection, and
#`
Landscape Manual.
(A)Copies of the Tree- Preservation, Protection, and Landscape Manual are to be made
readily available to the public shall include, but need not be limited to:
(1)' pecific criteria for gaining city approval of landscape plans;
(2) The format and content of reports and plans the applicant must submit to the city
pursuantto this chapter;
(3) A glossary of important terms used in this chapter;
(4) Size and species requirements for trees planted for parking lots, screening or to
meet other necessary criteria; and
(5) Maintenance of trees (including but not limited to pruning, irrigation, and
protection from disease).
CD177:14
TITLE XV UNIFIED DEVELOPMENT CODE
(B) The Tree and Landscape Advisory Committee shall review and may recommend
revisions to the Tree Preservation, Protection, and Landscape Manual at least every
three years to reflect changes in arboricultural and horticultural practices, lists of
preferred tree species, city policies, or the content of this chapter.
(Ord. No. 4340, 10-2-01)
177.03 Landscape Plan Requirements
(A) Applicability. The provisions of this section shall
large scale developments and other development as
Unified Development Code to go through the city's p
(1) Subdivisions and large scale de
proposed subdivisions and large
landscape plan.
(2) Building permits. Landscape plan 'rei
applications for nonresidential constructic
residential buildings composed -of three or
(3) Parking lots. Landscape
for the construction of oai
(B) General. The Lafidscape*l
shall be prepa td and sea
Plan required for building
designer. NN, 1
shall
imposed subdivisions,
below required by the
rts�`seeking approval of
shall submit a detailed
,shall apply to all permit
construction of multi -family
ling units.
to all permit applications
aired for,subdivisiohs and large scale developments
a registered Landscape Architect. The Landscape
and parking lots may be prepared by a landscape
following information shall be included with a landscape
(1') The date, scale; north arrow; project name, name of Landscape Architect/designer
and name of theo ner/developer.
(2) The.location of property lines and the dimensions of the tract.
(3) Site features.
a) Existingtvegetation (See Tree Preservation & Protection Ordinance for
specific criteria.)
b) The approximate center line of all existing water courses.
c) The location and size of existing and proposed drive aisles, streets and alleys,
parking areas and other improvements to the site.
CD177:15
TITLE XV UNIFIED DEVELOPMENT CODE
d) Existing and proposed utility easements and overhead utility lines on or
adjacent to the lot.
e) Existing and proposed sidewalks on or adjacent to the lot.
f) Location of all existing and proposed points of access.
g) Existing and proposed structures on the property.
h) Existing topographyand ro proposed grading.
P P g g•rr
(4) Proposed landscaping. The landscape plan shall indicate the number and species
of all plants, the size of each species at thetime of planting, the spacing
requirements for each plant, and the type of edging and mdlchtobe used for the
planting areas.
(5) The Planting Plan may be
Plan.
(6) Planting details and/or spec
insure compliance with all r q
a) All landscaping shall be r
jeopardy of plant damage:
urban tree welisfoundatic
the
and installation details are to
vithi-n areas tliat'minimize maintenance and
,ladessuch areas as -tree lawns, tree islands,'
rigs and free-standing beds.
V
soil to insure the health of the plant
c) All newplantingsgshall beritulched in accordance with the guidelines
des ablished for landscape installation in the Landscape Manual.
cr d) All sod shall be removed within the planting bed and mulch shall cover the
bare soil to ease maintenance.
e) tSod or organic:mulch will be allowed in tree lawns and tree islands if no other
plant material is included within these areas.
f) A plantg,bed shall be contained by edging material other than vegetation.
g) Planting details/specifications shall be included on the landscape plan, in
accordance with the Landscape Manual.
(7) Size and type ofplant material.
a) All plant material shall meet the requirements established by the American
Standard for Nursery Stock.
CD177:16
TITLE XV UNIFIED DEVELOPMENT CODE
b) Deciduous trees shall have a minimum of two (2) inch caliper and evergreen
trees shall have a minimum height of eight (8) feet at the time of installation,
unless otherwise approved by the Urban Forester.
c) Shrub size at the time of planting shall be a minimum of three (3) gallon
containers with an expected height of three (3) feet or more within two (2)
years of installation.
d) Plant species installed in vehicular use areas are to be4pproved by the Urban
Forester. { /
e) Acceptable species of trees are listed within the"City of Fayetteville's
Landscape Manual. c/
f) Protective fencing shall be provided for preserved trees and other vegetation
during construction, as required by4167Tree Preservation and'Protection.
g) A description of the type of irrigation system used(or each requiredlandscape
\
area shall be included. \//
i) An automated irrigation- system 1s encouraged to ensure adequate moisture
to plant material. ��
ii) In landscaped areas without- an automated irrigation system, hose bibs
(water spigots) shall be.insta, lled'at a ratio of'one for every one hundred
��
(100 C )feet�
(D)Plan Review./Upon receipt of the landscape plans, the Urban Forester shall make a
recommendation to the Planning Commission or an administrative determination, as
permitted by�the UnifiedDevehopment Code>w ith the following results:
(1) Approve/Recommendihe landscape -plan as complying with the requirements of
ipe plan with conditions which bring it into
of this chapter; or •.
(3) Reject"the landscape plan as failing to comply with the requirements of this
177.04 Site Development and Parking Lot Landscape Standards
(A) Applicability. A detailed landscape plan is required to be submitted for all
development when either new development or expansion of 25% of the existing
building square footage occurs and for all new or expanded parking lots containing
five (5) or more spaces. Landscape plans shall be submitted with the application for
building permit or parking lot permit. Submittals shall conform to the standards
established within this chapter.
CD177:17
TITLE XV UNIFIED DEVELOPMENT CODE
(B) General requirements.
(1) Separation of landscaped areas and vehicles. All landscaped areas shall be
protected from potential damage by vehicles by placing concrete curbs or wheel
barriers adjacent to the landscaped area.
(2) Vehicle overhangs. A portion of a standard parking space may be landscaped
instead of paved to meet part of the landscaping requirement. The landscaped
area may be up to two feet of the front of the space(astmeasured from a line
parallel to the direction of the bumper of the --vehicle using the space.
Landscaping may only be groundcover plants in the oyerhang area.
(3)Maintenance. The current owner of the pr perty shall be -'responsible for the
maintenance of all required landscaping , r
a) Irrigation system. Some method-ofirrigation shah be required in:landscaped
areas. An automated irrigation system is encouraged to ensure"adequate
moisture to plant material. In land ap dareas without an automated
irrigation system the installation of hose bibs (water spigots), installed one for
trc
every 100 foot radius, wilhbee required.
b) Planting beds. All landscaping shalbe plannted thin areas designated as
planting beds. Planting beds shall<'have amended soil to insure the health of
4.
the planvmaterials: -All sod '�sh'allibe removed- 'within the planting bed, and
mulchhall cover the�bare soil€to ease maintenance. Sod will be allowed in
4.
tree<I�awns and tree islands if no other plant material is included within these
areas. S \ • G-..,._
Replacement'landscaping. L`and`scaping that dies or is damaged shall be
removed'and replaced by the current owner of the property. The owner shall
have 60'days, frorrr`.the receipt of written notice issued by the city to remove
and replace.any requiredd'landscaping that dies or is damaged.
(C)
(1) Amount of laridsca`ping. Parking lots containing ten (10) or more spaces shall be
landscaped with one of the following options:
a) Option 1. Narrow tree lawn. A continuous landscape strip between rows of
parking. The minimum width of a tree lawn shall be eight feet (8'); the
minimum area shall be 300 square feet. One tree every 12 parking spaces or
one tree every thirty linear feet, whichever provides more canopy, shall be
planted with this option. Trees may be grouped or spaced within the lawn
area.
CD177:18
TITLE XV UNIFIED DEVELOPMENT CODE
UPI ION
b) Option 2. Tree island The minimum width of a tree island shall be eight feet
(8'); the minimum area shall be 150 square feet. One*tree shall be planted for
every 12 parking spaces with this option, with a maximum run of 12 parking
spaces permitted without a tree island. J {
(2) Placement of trees. Interior ti
(entrance drives; exit drives)
Manual.
(3) Tree planting. All trees"
shade trees.'Species se f
w/
found in the 'appendices "c
may be
on either side of points of access I
as�mdicated in the Landscape
these requirements shall be deciduous
iosen from the approved list of: trees
etteville Landscape Manual. Alternate
the Urban Forester.
(4) Calculatiorrof'area.'Required perimeter landscaping may not be substituted for
' interior landscapmg. However, it is recognized that interior landscaping may join
perimeter landscaping. In such cases, landscaping which extends four (4) feet or
more into the parking area may be included in the calculation of interior
landscaped area.
(5) Exceptions. /A/11'ppaarrking lots used solely for the purpose of providing areas for the
display ar d&storage of motor vehicles for sale, lease, and rental shall be exempt
from the interior landscaping requirements.
(D)Perimeter landscaping requirement. Proposed development shall be landscaped
meeting the following requirements:
(1) Side and rear property lines. All parking lots shall have five feet (5') of
landscaped area between the property line and parking lot. The two foot (2')
vehicle overhang option may be included to meet this requirement. Depending on
CD177:19
TITLE XV UNIFIED DEVELOPMENT CODE
the use and location, additional landscaped area and screening may be required
along property lines.
(2) Property lines adjoining street right-of-way.
a) Landscape area required. A fifteen (15)
foot wide landscaped area shall be provided along the front property line
exclusive of and adjacent to the Master Street Plan right-of-way. Points of
access (entrance drives, exit drives) and sidewalks are allowed to cross the
fifteen (15) foot landscaped area provided the integrity of the landscaped area
is maintained. / 7
b) Design Overlay District. Within the establisl{ed boundary of the Design
Overlay District, a twenty-five (25) foots wide landscaped area shall be
provided along the front property line exclusive of the Master Street Plan
right-of-way (§161.24). Points of access (entrance drives, ezidrives) and
sidewalks are allowed to cross<he�twenty-five�(25) foot lands aped area
provided the integrity of the landscaped'area ismaintained.
\\/ /
c) Residential zones. Except$or permitted'enttance drives, every development
shall be landscaped forbad equbl.and uniform width of 15 feet parallel to the
front property line(s) streetVright-of-way. Single family residential uses shall
be exempt from this requirement. \V�
d) Nonresidential zones. Except ,for permitted entrance drives, every
I III " k
development shall be :landscaped for an equal and uniform width of 15 feet
parallelLfo the front property line(s)\street right-of-way. Properties developed
with nurban stree scape, utilizing\urban tree wells as defined herein, shall be
Shade: tA1ltree plla tting locations shall attempt to achieve shade for parking
lots, cars,; benches; pedestrian walkways, etc., by utilizing aspect and locating
trees along the south and>west boundary of these areas.
Pfling. Parking lots containing five (5) or more spaces shall be screened
the public right-of-way and adjacent properties, where said parking areas
3jacentto residential zones, with shrubs and/or graded berms. If graded
s are used, shrubs are also required.
g) Perimeter planting location. All plantings noted herein shall be installed
within the required landscape area. Subject to approval by the Urban Forester,
required trees and shrubs may be planted within the right-of-way or outside
the required landscape area parallel to the street right-of-way only in
extenuating circumstances.
CD177:20
TITLE XV UNIFIED DEVELOPMENT CODE
(3) Tree Planting.
a) Large species trees shall be planted in the required fifteen (15) foot
landscaped area containing one (1) tree per thirty (30) linear feet along the
front property line. Trees along the perimeter may be grouped to allow
flexibility in design. The maximum allowed grouping may be up to twenty-
five (25%) percent of the required number of street trees.
b) Species selection shall be chosen from the approved list of trees for
landscaping found in the appendices of the City o eFayetteville Landscape
Manual. Alternate tree species selections may be approved by the Urban
Forester. No more than 25% of trees planted to/meet perimeter landscaping
requirements may be evergreen.
c) Planted trees shall have a two (2) inchliper (diameter) measured six (6)
inches above ground level at the time o planting.
d) At the request of the developer, till Urban Foresterrmay exempt 'spe fic areas
from required tree planting where the terrain/existing trees or other physical
limitations make the planting of new ees impracticable. In cases of existing
overhead power lines, small trees shall be planted that will not interfere with
the existing power lines. Sp cies selection'shall be approved by the Urban
Forester.
(4) Shrub Planting.w,�
a) Parking loots, adjacent, to a sheet- right-of-way+shall have shrubs planted in
continuous rows. A minimum of eight (8) shrubs shall be planted for every
tree required in the landscape area adjacent to a right-of-way. The requirement
for a continuous planting-ofshrubs isintended to lessen the effect of extensive
paving. Groupings of shrubs arare encouraged; however, a continuous planting
/"will be.required as well. A minimum 50% of shrubs shall be evergreen.
b) Planting\locationns�ofrrequired shrubs shall be appropriately spaced between
trees in either arouns,or continuous rows.
size aththe time of planting shall be a minimum of three (3) gallon
iers with/an expected height of three (3) feet or more within two (2)
(5) Ground Cover Planting. All landscape areas shall be re -vegetated with
appropriate perennial groundcover. Prior to certificate of occupancy, all bare soil
shall be adequately covered in accordance with the Unified Development Code.
177.05 Street Tree Planting Standards
(A) Applicability. All
new developments that
create
or develop along a
public or
private street shall be
required to establish
street
trees in accordance
with the
CD177:21
TITLE XV UNIFIED DEVELOPMENT CODE
standards and procedures provided for in this section and the adopted policies of the
Landscape Manual and Fayetteville's Tree Ordinance.
(1) All Street Tree Planting Plans shall follow the submittal criteria set forth in Ch.
177.03 Landscape Plan Requirements.
(2) Street Tree Planting Requirements
a) Plans shall indicate the spacing of trees along all newly created public and
private streets within the development site. At the request of the developer,
the Urban Forester may exempt specific areas from rrequired tree planting
where the terrain or existing trees make the planting of new trees
impracticable. Examples include, but are not limited to:,
i) Where the finish grade slope in the
the street curb and the property line`
ii) Where bedrock is encounters
the planting area between the
iii) Where existing healthy
within the right-of-way acvin suc
new tree from establishing a full c�
b) Plans
from
shall be
c) Plans
planting area between the top back of
s in excess of thirty (30%) percent.
V.
in thirty (30) inches of ffn sih*grade in
:k of the curb and the properly line.
are shown to be preserved
cimity they would prevent a
which must be selected
by the Urban Forester.
trees.
y of trees which must meet or exceed
Manual.
Indicate the location of all points of access (driveways, sidewalks and public
& private utilities) within the proposed development. The developer shall
ensure that ;driveways > sidewalks, utilities, etc. will not endanger the
livelihood of\the proposed trees, and shall plan accordingly.
e) 'A Maintenance (Agreement and Landscape Establishment Guarantee shall be
4
established. All plans shall include a binding three (3) year maintenance and
monitoring: pplan, which shall hold the developer responsible for the health of
all planted trees.
I) Approval of a Maintenance Agreement and Landscape Establishment
Guarantee shall be contingent upon the Developer depositing with the City of
Fayetteville one of the following: currency, bond, irrevocable letter of credit
or other surety. The amount shall be 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
CD177:22
TITLE XV UNIFIED DEVELOPMENT CODE
monitoring period. The developer shall submit cost estimates to the Urban
Forester for approval.
g) Upon completion of the three (3) year landscape establishment period, the
Urban Forester shall inspect the site and determine whether ninety (90%)
percent of the trees are healthy and have a reasonable chance of surviving to
maturity. Upon such a finding, the City of Fayetteville shall release the
currency, bond or letter of credit.
h) In the absence of such a finding, the developer shallibe notified to replace any
At
unhealthy or dead trees, or take other appropriate action as approved by the
Urban Forester. If the developer does not take remedial steps to bring the
property into compliance, the City of Fayetteville shall use the necessary
monies from the Landscape Establishment Guarantee to'do so.,
i) In the event trees are injured or d
not limited to, tornadoes, straighi
lightning strikes, or through the
developer shall be relieved of the
so affected.
yed by natural disasters, including but
winds, ice' storms, fire, floods, hail or
�pendenl actions of their parties, the
)nsib`ilrtyof replanting the tree or trees
j) Contain such other infoimation'as7may be required to reflect how the plan
addresses the remaining policies within the -Landscape Manual.
(3) Street tree plantingssthat>are above'and'beyond `the"requirements as established
herein maycount as on -site, Tree Mitigation, with approval of the Urban Forester.
(4) Timing of.planting.The—Urban Forester -shall recommend to the Planning
Commission\t e option'that-will potentially result in accomplishing the most
a) Street Tree 'P,lanting3'with infrastructure (subdivisions only). The developer
may choose\to provide a landscape plan that conforms to the regulations
,herein, with all landscaping along streets to be installed prior to final plat
\approval and) acceptance of public improvements associated with the
development/If planted prior to final plat approval, the developer shall provide
proper meassure`s to ensure the longevity of health of all planted trees during
development of individual lots; or
b) Street Tree Planting with development (subdivisions only). The developer may
choose to provide a landscape plan that conforms to the regulations herein only
to the extent that future development on lots created by the subdivision shall be
responsible for individual landscape plans as each lot develops.
c) Street Tree Planting with concurrent development. Where development
approval is requested (large scale, building permit, parking lot permit, etc), the
CD177:23
TITLE XV UNIFIED DEVELOPMENT CODE
developer shall provide a detailed landscape plan that conforms to the
regulation established by this chapter.
d) Street Tree Planting Plans shall be submitted with the plans submitted for
development or subdivision approval by the Planning Commission, in
accordance with the options listed herein.
e) A written description of the method(s) and time frame the project will utilize to
track development of each individual lot shall be submitted by the developer to
ensure the required street trees are planted and/heir;
tlongevity of health
assured. f r
(B) Street Tree Planting Plan Requirements for
Residential Subdivisions.
(1) Residential Subdivisions. Subrr
shall include a street tree planting
a) A minimum of one (1) two-inch
planted.
b) Street trees shall be planted'{�withi
• between the sidewalk and thepcur
Forester.
RefCr ttb tthe Lands≥ pe I
(2) Non -Residential Subdivisions. Su
subdivisions. shall include,, a street 1t
submittal.•or•'in accordance -with the
required by
11 proposed resi
time offinal plat
and Non -
species tree per lot shall be
t -of -way; where possible,
ie approved by the Urban
requirements.
for all proposed non-residential
sting plan at the time of final plat
approved for Timing of Planting as
A minimum otone'(1) two-inch caliper, large species tree per 30 linear feet of
be
Street trees shall be planted within the required landscape area. Location shall
be approved jby; the Urban Forester. Refer to the Landscape Manual for
(3) Street Tree Planting Plan Requirements for Urban Streetscapes. Submittals for
all proposed"developments that incorporate an urban streetscape, in which wide
(ten feet or greater) pedestrian sidewalks are adjacent to the curb and building
replace those development patterns mentioned above, shall include a street tree
planting plan at the time of development submittal.
a) A minimum of one (1) two-inch caliper, large species tree per 30 linear feet of
street frontage or every 10 parking spaces, whichever provides the most trees,
shall be planted with this option.
CD177:24
TITLE XV UNIFIED DEVELOPMENT CODE
b) Location of trees shall be approved by the Urban Forester to ensure adequate
spacing, access and visibility is maintained. To meet this goal for the public
health, safety and welfare, the spacing of trees may be varied with approval of
the Urban Forester.
c) Trees shall be planted within urban tree wells. The minimum width of an
urban tree well shall be four feet (4'); the minimum area shall be 16 square
feet. This option is only permitted to allow trees".planted within wide
sidewalks, in a downtown/urban fashion. / %
d) Tree wells shall be covered with either a tree
pavers, (brick or stone), to be approved by th'
e) Structural soil or similar
Landscape Manual for spe
f) Street tree planting plans utilizing'
procedures and details as outlined in
177.06 Stormwater Facilities
(A) Applicability. All development require
(detention ponds) shall conform to the r
submitted andapproved'prior to issue
A
(whichever is'applicable). All required]
a Certificate of Occupancy for filing
Developmentthat. utilizes retention,
alternative stormwateromanagement me
City Engineerashall"not be required to m
form of permeable
utilized
Il follow the
Manual.
option (see
o -install dry surface stormwater facilities
urementsJ et rein. A landscape plan -shall be
;,of a perlmit'or at the time of final plat
icings shall be installed prior to issuance of
�a final plat (whichever is applicable).
derground or parking lot detention,. or
res as approved by the Urban Forester and
the requirements of this chapter.
sral Requirements. Its critical that selected plant materials are appropriate for
hydrologic and other existing site conditions.
(1'A11 ]ants within required stormwater facility areas shall be appropriate species
selected,from the Landscape Manual or approved by the Urban Forester.
(2) The design foi plantings shall minimize the need for herbicides, fertilizers,
pesticides or soil amendments at any time before, during and after construction
and for a long-term basis.
(3) Plantings should be designed to minimize the need for mowing, pruning and
irrigation. Grass or wildflower seed shall be applied at the rates specified by the
suppliers. If plant establishment cannot be achieved with seeding by the time of
substantial completion of the stormwater facility portion of the project, the
contractor shall plant the area with wildflower sod, plus, container plants or some
CD177:25
TITLE XV .UNIFIED DEVELOPMENT CODE
other means to complete the specified plantings and protect against erosion as
approved by the Urban Forester.
(4) Plantings shall not impede the primary function of the stormwater facility, as
identified in the Unified Development Code. Should plantings be proposed that
call into question the ability of the stormwater facility to operate to the
satisfaction of the City Engineer, the developer shall provide sufficient
information (calculations, etc.) for review, at the time of submittal.
(C) Detention Ponds. These are stormwater facilities that do
more than a few hours per storm event. Vegetatior
functions, protects from rain and wind erosion and enhaArn
(1) The Stormwater Facility area is defined t6be'equivalen
A
detention basin, including the bottom
add the side slopes,
buffer around the detention basin.
(2) The developer shall install minimum
feet of the stormwater facility area as f
a) One (1) evergreen or
i) Evergreen trees: Mini
e standing water for
improve infiltration
Letic conditions.
,to�he area of the
plus� ten (] 0) foot
ies per 3000 square
ii) Deciduous- trees: Minimum caliper of one grid a half (1' /2) inch at six (6)
inch(above the base.
b) Four (4) large shrubs/s'malLtrees, three. (3) gallon containers or equivalent.
c)) Six(6)s bs/large grass -like plants, one (1) gallon containers or equivalent.
d) Ground cover plants"one (1) per twelve (12) inches on center with triangular
spacing, unless, seed or sod is specified and installed.
n
e)ciAt least fifty(50%) percent of the facility shall be planted with grasses or
grass -like plants or as otherwise required by the Unified Development Code.
f) Wildflowers, native grasses and ground covers shall be designed to require
mowing,no more than twice annually.
(3) Trees planted within stormwater facilities may be utilized to meet on -site Tree
Mitigation requirements, subject to approval by the Urban Forester.
CD177:26
TITLE XV. UNIFIED DEVELOPMENT CODE
177.07 Landscaping for Erosion Control
(A) Applicability. Those developments requiring a grading permit shall conform to the
following requirements.
(B) General Requirements. Erosion control measures shall be installed as soon as
practical and prior to the final approval. Prior to vegetation controls, all other
appropriate erosion control strategies should be in place.
(1) The faces of cut and fill slopes which measure five
height shall be treated and maintained to control aga
of the public health, safety and welfare.
(2) Landscape materials on graded slopes shy
adjacent natural vegetation and shall bi
ecological characteristics of the area.Nc
.{a � Y
shall be selected as approved by the Landsc
(C) Temporary Seeding. Temporary Seeding is rn
be fine graded for periods of twenty (20) days
areas, soil stockpiles, dikes. sides ofssed
parking areas, storage areas,
(1) Seeds shall be
(2) Mulching'sh ]
conditions of
(3) Re -seeding is
investigating4.
a
e for the
ve, drought
greater in vertical
for the protection
able with
soil and
materials
ere exposed soils are not to
Such areas include denuded
temporary roadbanks and
runoff, windblow and increase moisture
'in-areg.,whieh fail to establish vegetation — after
ation of such failure.
rent Seedding.• Permanent seeding is required where disturbed areas will be
ent and wherellong lived -.vegetative cover is needed to stabilize soils. Rough
areas which will not be brought to final grade for one (1) year or more shall
luired long livedjvegetative cover.
(1) In or`de?to establish a good stand of vegetation, seedbeds shall consist of
appropriate soilrtexture, structure, moisture, nutrient content, depth and internal
drainage. "
(2) Seeds shall be evenly applied.
(3) Mulching shall be used to reduce water runoff, windblow and increase moisture
conditions of seedlings.
CD177:27
TITLE XV UNIFIED DEVELOPMENT CODE
(4) Re -seeding is required in areas which fail to establish vegetation — after
investigating and remediation of such failure.
(E) Sodding.
Grass
sod shall be
installed where disturbed areas
require immediate
vegetative
covers
or where sod
is preferred to other forms of grass
establishment.
(F) Vegetative Streambank Stabilization. Re -vegetation shall be required where banks in
creeks, streams and rivers, subject to erosion from excess runoff, have been eroded
from land disturbance due to the development.
(5) Revegetation shall be consistent with all other
(6) Landscape materials shall be designed to
vegetation and shall be suitable for the cliff
of the area.
177.08 Timing of Installation
Required landscaping shall be installed pi
Occupancy or filing of the Final Plat,
applicable. A 90 -day temporary ,certificat(
may be filed once the owner deposits`71witlt
of credit in an amount equal to 15 /o `01
material. The letter of credit must befrom
within the State of Arkansas which isa
Corporation.
177.09-177.99
of occ
to city,
m
CD177:28
control measures.
iatible with adjacent natural
and ecological characteristics
;suaiice of a final Certificate of
le" elopment procedure is most
cy may be issued or a final plat
currency or an irrevocable letter
ed�cist of the uninstalled plant
anking'iiistitution doing business
-theyFederal Deposit Insurance
PC Meeting of July 24, 2006
THE CITY OF FAYETTEVILLE, ARKANSAS
125 W. Mountain St.
Fayetteville, PLANNING DIVISION CORRESPONDENCE Telephone: (479) 5775-8267
TO: Planning Commission
FROM: Jeremy Pate, Director of Current Planning
DATE: July 17, 2006
ADM 06-1959 (Consolidated Landscape Ordinance): Submitted by Planning Staff and
the Urban Forester, proposing amendments to the Unified Development Code to
consolidate landscaping requirements into a new Chapter 177 and revise associated
chapters accordingly.
Planner: JEREMY PATE
RECOMMENDATION:
Staff recommends the Planning Commission forward to the Ordinance Review
Committee and City Council amendments to the Unified Development Code to
create a Consolidated Landscape Code, Ch. 177 Landscape Regulations; and revise
associated chapters as described herein.
PLANNING COMMISSION ACTION: Required YES
O Approved O Denied
Date: June 26, 2006
COUNCIL ACTION: Required YES
O Approved O Denied
July 18, 2006 (first reading if recommended)
BACKGROUND:
In past years, even decades, several landscaping components of the City's Unified
Development Code have been amended and adopted by the City Council. Typically these
new or updated ordinances have been to introduce landscaping measures for particular
issues, such as large parking lots, screening for objectionable uses, tree protection, etc.
By doing so, the landscape regulations are currently scattered throughout the Unified
Development Code, without a coherent relationship. Staff has noted several
inconsistencies between regulations; landscaping applications that were at one time a
good idea but no longer make sense to require a developer to install; items that have not
been addressed with updates to other sections of the code; and so forth. This proposal is
an attempt to consolidate and clarify the landscaping elements of the Unified
Development Code. Its goal is to provide more clear direction for user groups, which
include developers, engineers, landscape architects, urban foresters, citizens, planners and
public officials. Staff hopes that the consolidation of regulations into one chapter from
several others will enable users to quickly find requirements that pertain to their project
or site.
The proposed amendments also include new requirements for landscaping of subdivisions
and stormwater management systems (detention ponds), both of which have been brought
to staffs attention by citizens and elected or appointed officials on several occasions.
These provisions will not only serve to beautify our neighborhoods, but will also provide
additional tree canopy, will absorb pollutants and assist in both water. quality and water
quantity improvements, provide erosion control and sustainable economic and
environmental benefit.
Additionally, the new Chapter 177 now includes direct references to the Landscape
Manual, which is simultaneously being updated to reflect up-to-date practices and
procedures, helpful information for the planting and maintenance of various species,
development and best management practice guidelines, and lists of preferred (and
required) tree and shrub species, among other things.
Staff has attached a memo describing the proposed amendments; all of the Planning
Commissioners present at the Special Planning Commission meeting Monday, July 18,
2006 received copies of the attached ordinance amendments, as well as the corresponding
Landscape Manual updates. Additionally, staff placed the draft amendments on the City's
website and made copies in the Planning Division available for any public comment or
questions.
07-24-'06 11:24 FROM -ASH Facilies Mgmt 18709723691
T-192 P001/001 F-662
Arkansas State Board of Landscape Architects
101 E Capitol Avenue, Suite 110
«, a Little Rock, AR 72201-3822
cB �' 501.6823112
�•- --�' FAX: 501.682.3172
Email: asbla a arkansas.2ov
Websitc: www.arkansas.gov/asbla
Mr. Jeremy Pate
Director of Current Planning
Planning Department
City of Fayetteville
113 West Mountain Street
Fayetteville, AR 72701
Dear Mr. Pate:
I am writing to comment on proposed changes to Chapter 177: Landscape Regulations in the
Fayetteville Code of Ordinances. Specifically, my comments will refer to changes found at 177.03
Landscape Plan Requirements, subsection (B). The proposed wording for this subsection states:
"The Landscape Plan required for subdivisions and large scale developments shall be prepared and
sealed by a registered Landscape Architect,
The Landscape Architectural Practice Act, administered by the Arkansas State Board of Landscape
Architects has several sections that relate to the changes being contemplated in the Fayetteville
ordinance:
Section 17-36-104. Enforcement, "It shall be the duty of all duly constituted officer of the law of this
state, and all political subdivisions thereof, to enforce the provisions of this chapter..."
Section 17-36-301 states the purpose of the Act is "...to safeguard the health, safety, and welfare of
the public."
Section 17-36-301 further states "No person shall perform or offer to perform either directly or
indirectly, landscape architectural services or assume or use the title or designation of "landscape
architect" unless the person shall have secured from the Arkansas State Board of Landscape
Architects a license as a landscape architect...".
Clearly, projects of a scope and magnitude to be classified as subdivisions or large scale
developments have the potential to negatively impact the health, safety, and welfare of the public and
therefore Landscape Plans prepared for these developments should require the seal of a licensed
landscape architect.
Thank you for the opportunity to comment on the proposed ordinance change.
Sincerely,
t
William M. Hall
Chairman
Arkansas State Board of Landscape Architects
Arkansas
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13 April 2006
Mr. Jeremy C. Pate
Director of Current Planning
City of Fayetteville
125 West Mountain Street
Fayetteville, AR 72701
Dear Mr. Pate:
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of
Landscape
Architects
ii
Halt
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On behalf of the Arkansas Chapter of the American Society of Landscape Architects,
I write in regard to the proposed revisions to the City of Fayetteville's Landscape
Ordinance. Fayetteville has a strong Tree Preservation Ordinance and we believe
that the Landscape Ordinance needs to uphold public health, safety and welfare
issues. Specifically, the ordinance needs to require a registered Landscape
Architect to prepare Landscape Plans for Large Scale Developments. The City of
Little Rock passed a similar requirement as part of their landscape ordinance in
2000. It specifically states, "Developments of two acres or more must have the seal
of a registered Landscape Architect!
Any new development, and its construction, requires the understanding of a variety
of site engineering and landscape issues. In the current proposed wording, we
strongly urge the responsible party for landscape plans change from "Landscape
Architect/designer" to "Landscape Architect". In Arkansas, the State Board of
Landscape Architects oversees a Practice Act, which limits the title of landscape
architect and practice of landscape architecture to those who are licensed. The
Arkansas Practice Act defines landscape architecture, in part, as 'The determination,
location, and construction of aesthetically pleasing and functional approaches and
settings for features in the landscape, plantings, landscape irrigation, landscape
lighting layout, landscape grading, and landscape drainage." The design of
buildings, structures and facilities ordinarily included in the practice of architecture
or engineering are not included. "Landscape Designer" is defined as "a person who
makes plans or drawings for the selection, placement, or use of plants when the
execution of such plans or drawings does not affect the public health, safety, or
welfare." Inherent in urban areas and new developments are a myriad of public
health, safety, and welfare issues associated with developing planting plans and
specifying details.
Site development projects require a licensed professional who understands how
these systems work together. By making the city's ordinance stronger, landscaping
can be planned at the beginning of the project during the site planning stages
rather than added as an afterthought between utility lines, storm water systems,
and curbs.
We applaud your efforts to update the ordinance. Thank you for your time and
please do not hesitate to contact me if you have any questions.
Sincerely,
rances G. Beatty, ASLA
President
Arkansas Chapter
American Society of Landscape Architects
Copy. Ms. Sarah K. Patterson
Urban Forester
City of Fayetteville Parks and Recreation
113 West Mountain Street
Fayetteville, AR 72701
Mr. David Whitaker
Assistant City Attorney
City of Fayetteville
113 West Mountain
Fayetteville, AR 72701
Mr. William M. Hall, ASLA
Chair
Arkansas State Board of Landscape Architects
101 E. Capitol Avenue, Suite 110
Little Rock, AR 72201-3822
Jeremy C. Pate
City of Fayetteville
Landscape Ordinance
13 April 2006
Arkansas
State Board of
Landscape Architects
Act
101 E. Capitol, Suite 208
Little Rock, AR 72201
Effective through 2001 Regular Legislative Session
Arkansas State Board of Landscape Architects
ACT
INDEX
CHAPTER 36
LANDSCAPE ARCHITECTS
SUBCHAPTER 1- GENERAL PROVISIONS.
SECTION.
17-36-101.
17-36-102.
17-36-103.
• 17-36-104.
17-36-105.
S
Title................................................................................................... I
Definitions........................................................................................... I
Penalties............................................................................................. 2
Enforcement........................................................................................ 2
Injunctions........................................................................................... 2
SUBCHAPTER 2— ]ARKANSAS STATE BOARD OF LANDSCAPE ARCHITECTS.]
ADVISORY COMMITTEE FOR REGISTRATION OF LANDSCAPE ARCHITECTS.
SECTION.
17-36-201. Members............................................................................................ ,.3. 1.
17-36-202. Meetings.....:..................................................................................... 3 H❑,., R .
17-36-203. Officers—Quorum:............................................................................... 3 .,:._Cri��:
17-36-204. Powers and duties................................................................................. 4
17-36-205. Records and reports............................................................................... .4
17-36-206. Disposition of funds................................................................................ 4
17-36-207. Continuing education.......................................................................:.;... -5
SUBCHAPTER 3 -LICENSING.
SECTION.
17-36-301.
License or permit required....................._................................................
6
17-36-302.
Application.................................................................................!.::3:...:.+6
:• 4 ...
17-36-303.
Examination........................................................................................
6
17-36-304.
Reciprocity ..........................................................................................
7
17-36-305.
Fees — Penalty for nonpayment................................................................
7
17-36-306.
Grounds for revocation...........................................................................
8
17-36-307.
Revocation proceedings..........................................................................
8
17-36-308.
Reissuance...........................................................................................
9
17-36-309.
Exemptions from licensing.......................................................................
9
17-36-310.
Official seal.........................................................................................
9
Revised: 2001 Legislative Session, Act 617
Arkansas State Board of Landscape Architects Act
CHAPTER 36
LANDSCAPE ARCHITECTS
SUBCHAPTER.
1. GENERAL PROVISIONS.
2. [ARKANSAS STATE BOARD OF LANDSCAPE ARCHITECTS.]
ADVISORY COMMITTEE FOR REGISTRATION OF LANDSCAPE ARCHITECTS.
3. LICENSING.
SUBCHAPTER 1 -GENERAL PROVISIONS
SECTION. SECTION.
17-36-101. Title. 17-36-104. Enforcement...
17-36-102. Definitions. 17-36-105. Injunctions.
17-36-103. Penalties
17-36-101. Title.
This chapter shall be known and may be cited as the "Landscape Architectural Practice Act
17-36-102.:,Definitions:
(a) ' As used in this'chapter, unless the context otherwise requires:
(1) "Board'.' means the Arkansas State Board of Landscape Architects;
(2) (A) "Landscape architecture" means:
(i) Any service or other work, the adequate performance of which requires
landscape architectural education, training, and experience;
(ii) The performances of professional services such as consultation, investigation,
reconnaissance, research, associated planning, design, preparation of drawings,
specifications, and contract documents, and responsible supervision or
• construction management in connection with the development of. land areas or. •::.+
water features where, and to the extent that, the dominant purpose of such
services is landscape development, preservation, and enhancement, or
determination of land uses, natural land features, and functional and aesthetic
values;
(iii) The determination, location, and construction of aesthetically pleasing and
functional approaches and settings for features in the landscape, plantings,
landscape irrigation, landscape lighting layout, landscape grading, and
landscape drainage;
(iv) Environmental planning; and
(v) The design of tangible objects and features necessary to the purpose outlined
herein.
(B) It shall not include the design of buildings, structures, or facilities ordinarily
included in the practice of architecture or engineering; and
Revised: 2001 Legislative Session (Act 617 of 2001) Page I of 9
Arkansas State Board of Landscape Architects Act
—)(3) "Landscape designer" means a person who makes plans or drawings for the selection,
placement, or use of plants when the execution of such plans or drawings does not
affect the public health, safety, or welfare.
(b) The title "landscape architect" shall be used by and shall apply only to a person who is
licensed under the authority of this chapter.
(c) This chapter shall not be construed to:
(1) Implicitly amend the definition of "practice of engineering" in §17-30-101, or otherwise
limit the scope of the practice of engineering by engineers registered with the State
Board of Registration for Professional Engineers and Land Surveyors; or
(2) Implicitly amend the definition of"practice of architecture" in § 17-15-102, or otherwise
limit the scope of the practice of architecture by architects registered and licensed by the
Arkansas State Board of Architects.
17-36-103. Penalties.
(a) It shall be a misdemeanor for any person to:
(1) Use the title of landscape architect, unless licensed under this chapter;
(2) Present as his or her own the license of another;
(3) Give false or forged evidence to the Arkansas State Board of Landscape Architects or
any member thereof in obtaining a license;
(4) Falsely impersonate any other practitioner of like or different name;
(5) Use or attempt to use a license that has been revoked;
(6) Otherwise violate any of the provisions of this chapter; or
(7) Practice landscape architecture, unless duly licensed under this chapter. (
--(b)' -Such misdemeanor shall be punishable by a fine of not less than one hundred dollars ($•100)
and not more than five hundred dollars ($500) or imprisonment for not more than'one:(l)
year, orboth.
17-36-104. Enforcement.
(a) It shall be the duty of all duly constituted officers of the law of this state, and all political
subdivisions thereof, to enforce the provisions of this chapter and to prosecute any person
violating the provisions thereof.
(b) The Attorney General or his or her assistants shall act as legal advisor to the Arkansas State
Board of Landscape Architects and shall render legal assistance necessary in carrying out
the provisions of this chapter. The board in its discretion may employ such other legal
assistance as it may, require.
17-36-105. Injunctions.
(a) (1) The violation of any provision of this chapter and performing or offering to perform any
work or service in violation of this chapter or any provision thereof is declared to
constitute a nuisance and a threat to the public health, safety, and welfare and may be
enjoined by the Arkansas State Board of Landscape Architects in the courts of this state,
even though the violation may be punishable by fine.
(2) The intention of this section is to provide a speedy means of protecting the public.
(b) The board shall not be required to execute or give bond for cost, indemnity, or stay as a
condition to the issuance of a restraining order or injunction, either temporary or permanent,
in a court of this state.
Revised: 2001 Legislative Session (Act 617 of 2001)
Page 2 of 9
Arkansas State Board of Landscape Architects Act
SUBCHAPTER 2 - [ARKANSAS STATE BOARD OF LANDSCAPE ARCHITECTS.]
ADVISORY COMMITTEE FOR REGISTRATION OF LANDSCAPE ARCHITECTS.
SECTION.
17-36-201. Members.
17-36-202. Meetings.
17-36-203. Officers — Quorum.
17-36-204. Powers and duties.
SECTION
17-36-205. Records and reports.
17-36-206. Disposition of funds.
17-36-207. Continuing education.
17-36-201. Members.
(a) The Arkansas State Board of Landscape Architects shall consist of five (5) voting members
and one (1) nonvoting member appointed by the Governor, as follows.
(I) Four (4) voting members shall be selected from among all landscape architects licensed
and residing in the State of Arkansas;
(2) One (1) voting member shall be selected from recommendations furnished by the
Consumer Protection Division of the Office of the Attorney General; and
(3) The Program Director of the University of Arkansas, School of Architecture, Program
in Landscape Architecture, or his or her designee, shall be a nonvoting member.
(b) Appointments shall be for six -year terms or, in the event of vacancies, for the period of the
unexpired term of the vacancy being filled.
(c) Each member of the board shall receive a certificate of his or her appointment from the
Governor, and before beginning his or her term of office shall file with the Secretary of State
his or her written oath or affirmation relative to the faithful discharge of his or her official
• duty.
(d) The Governor, by due process of law, may remove any member of the board for misconduct,
incompetency, or neglect of duty, or for any malfeasance in office.
(e) Vacancies in the membership of the board shall be filled for the unexpired term by
appointment by the Governor within forty-five (45) days after the member's death or
resignation.
17-36-202. Meetings.
(a) The Arkansas State Board of Landscape Architects shall hold at least two (2) regular
meetings each year and such other meetings as the board deems necessary.
(b) Special meetings shall beheld at such a time and place as shall be specified by call of the
chair of the board or as otherwise determined by the board.
(c) Board meetings shall be subject to the Freedom of Information Act of 1967, §25-19-101 et
seq.
17-36-203. Officers — Quorum.
(a) The Arkansas State Board of Landscape Architects shall elect annually from its membership
a chair, vice -chair, and secretary -treasurer to hold office for one (I) year.
(b) A quorum of the board shall consist of not fewer than three (3) voting members, and no
action shall be official without at least two (2) votes in accord.
Revised: 2001 Legislative Session (Act 617 of 2001) Page 3 of 9
Arkansas State Board of Landscape Architects Act
17-36-204. Powers and duties.
(a)
The Arkansas State Board of Landscape Architects may do all things necessary and
convenient for carrying into effect the provisions of this chapter and may from time to time
adopt necessary or desirable rules and regulations in accordance with the Arkansas
Administrative Procedure Act, §25-15-201 et seq.
(b)
The board may adopt a seal with such design as it may prescribe engraved thereon.
(c)
The board may administer oaths or affirmations to witnesses appearing before the board.
(d)
After providing notice and a hearing, the board may levy civil penalties in an amount not to
exceed one thousand dollars ($1,000) for each violation against those persons found to be in
violation of this chapter or rules and regulations promulgated thereunder, with each day of
violation to constitute a distinct and separate offense. These penalties shall be in addition to
other penalties which may be imposed by the board pursuant to this chapter.
(e)
Unless the penalty assessed under this section is paid within fifteen (15) calendar days
following the date for an appeal from the order, the board shall have the power to file suit in
the Circuit Court of Pulaski County to obtain ajudgment for the amount of the penalty not
paid.
(f)
To the extent funds are appropriated, the board may employ or contract for such staff or
services as may be necessary to carry out the provisions of this chapter and put into effect
the rules and regulations the board may promulgate. -
17-36-205. Records and reports.
(a)
The Arkansas State Board of Landscape Architects shalltkeep a record of its proceedings
and a register of all applications. The register shall show-.
(1) The name, age, and residence of each applicant;
(2) The date of the application;
(3) The place of business of the applicant;
(4) The applicant's education and other qualifications;
(5) Whether or not an examination was required;
(6) Examination scores;
(7) Whether the applicant was rejected;
(8) Whether a license was granted;
(9) The date of action of the board; and
(10) Other information that may be deemed necessary by the board.
(b)
A transcript of the records of the board, duly certified by the board, shall be admissible in
•evidence with the same force and effect as if the originals were produced:
(c)
The board shall submit to the Governor an annual report of its transactions of the preceding
year by June 1.
17-36-206. Disposition of funds.
(a) The administration of this chapter shall not depend on the use of funds provided by the State
of Arkansas.
(b) (1) The secretary -treasurer of the Arkansas State Board of Landscape Architects shall
receive, disburse, and account for all income paid to or received by the board.
(2) The secretary -treasurer shall institute a system of books and financial records
satisfactory to the Director of the Department of Finance and Administration and shall
open an account at a bank in this state designated by the board as its official depository.
(3) An officer of the board shall sign all checks disbursing funds of the board as provided
by board regulation.
Revised: 2001 Legislative Session (Act 617 of 2001) Page 4 of 9
Arkansas State Board of Landscape Architects Act
(4) The secretary -treasurer shall deposit all funds of the board which he or she receives in
the bank designated as the official depository within forty-eight (48) hours, excluding
holidays and Sundays, after he or she receives the funds.
(5) Any surplus funds at the end of the fiscal year may be retained by the board for future
expenditures.
17-36-207. Continuing education.
(a) The Arkansas State Board of Landscape Architects may adopt rules and regulations setting
the minimum standards of continuing education to ensure that all licensed landscape
architects remain informed of those technical and professional subjects which the board
deems appropriate to professional landscape architectural practice.
(b) The board may describe by rules and regulations the methods by which the minimum
standards may be satisfied and may provide that failure to satisfy the minimum standards
shall be grounds for non -renewal of a landscape architect's license.
Revised: 2001 Legislative Session (Act 617 of 2001) - Page 5 of 9
Arkansas State Board of Landscape Architects Act
• SUBCHAPTER 3 - LICENSING.
SECTION.
SECTION
17-36-301.
License or permit required.
17-36-306.
Grounds for revocation.
17-36-302.
Application.
17-36-307.
Revocation proceedings.
17-36-303.
Examination.
17-36-308.
Reissuance.
17-36-304.
Reciprocity.
17-36-309.
Exemptions'from licensing.
17-36-305.
Fees — Penalty for nonpayment.
17-36-310.
Official seal.
17-36-301. License or permit required.
----� (a) (1) No person shall perform or offer to perform either directly or indirectly, landscape
architectural services or assume or use the title or designation of "landscape architect"
unless the person shall have secured from the Arkansas State Board of Landscape
Architects a license as a landscape architect, in the manner provided in this subchapter
and shall thereafter comply with the provisions of this chapter.
(2) It is the purpose of this chapter to safeguard the health, safety,and welfare of the publi
(b) Every holder shall display the license or permit in a consoicuous nlace.
17-36-302. Application.
Application for licensure shall be on forms prescribed and furnished by the Arkansas State
Board of Landscape Architects and shall contain statements under oath giving a detailed
summary of the applicant's education and technical experience.
17-36-303. Examination.
(a) It shall be required that an applicant for licensure be at least twenty-one (21) years of age, be
of good moral character, and pass an examination covering the matters confronting
landscape architects, which shall either be prepared by the Arkansas State Board of
Landscape Architects or another entity as selected by the board.
(b) In order to qualify for examination, the applicant must:
(1) Hold a degree in landscape architecture from an institution accredited by an appropriate
authority selected by the board and have satisfactory experience in landscape
architecture of a minimum period of time as determined by the board;
. (2) Hold a degree in a field related to landscape architecture as determined byrthe board,and
have four (4) years of experience in landscape architecture satisfactory to the board; or
(3) Have seven (7) years of experience in landscape architecture satisfactory to the board.
(c) The board may require that an application be accompanied by a certificate from the Council
of Landscape Architectural Registration Boards which documents that the applicant
possessed the qualifications for examination as set forth in this section.
(d) Examinations for the license shall be administered by the board or its appointed
representative at least once each year, provided that applications shall have been received
during the period since the last examination was given.
(e) The board shall publish appropriate announcements and shall conduct the examinations at
the times designated.
Revised: 2001 Legislative Session (Act 617 of 2001) Page 6 of 9
Arkansas State Board of Landscape Architects Act
17-36-304. Reciprocity.
The Arkansas State Board of Landscape Architects may provide for licensure of an applicant
who is legally registered or licensed as a landscape architect in any other state whose
qualifications for licensure are generally equivalent to that of Arkansas.
17-36-305. Fees — Penalty for nonpayment.
(a) (1) Every landscape architect shall pay an annual license fee in an amount determined by
the Arkansas State Board of Landscape Architects not to exceed three hundred dollars
($300). The fee shall be due and payable annually on a date designated by the board.
(2) (A) Each license shall expire annually on a date designated by the board, and each
licensee whose license is not renewed by the board within thirty (30) days
thereafter shall not perform or offer to perform any work or service as a landscape
architect.
(b)
(c)
(B) The board shall issue a renewal to each licensee who shall submit a renewal
application on a form approved by and received by the board accompanied by:
(i) The annual license fee as provided in subdivision (a)(1) of this section; and
(ii) Documentation acceptable to the board of the minimum number of continuing
education units as provided in §17-36-207 and by board regulation.
(C) A landscape architect who does not renew his or her license within thirty (30)
calendar days after the expiration of the prior year's license shall pay a late fee not
to exceed fiftydollars ($50.00) each month or part thereof not to exceed ninety (90)
calendar days after theiexpiration date.
(D) Any license not renewed within ninety (90) calendar days after the expiration date
shall be void and shall not be renewed.
(E) (i) Any landscape architect who fails to renew his or her license within ninety (90)
calendar days after the expiration date thereof due to non-payment of fees or
failure to comply with continuing education requirements may apply for
reinstatement ofhis or her license.
(ii) The application shall be accompanied by documentation of continuing
education units, a reinstatement fee not to exceed five hundred dollars ($500)
per year for each year or portion thereof since the date of expiration of the
license, both as determined by the board, and the annual license fee.
(iii) The board may reinstate the license if it determines that the applicant is able to
practice as a landscape architect without danger to the public health, safety,
i ... .. and welfare..
(iv) Provided however, after three (3) years following the expiration date of a
license which has not been renewed or reinstated by the board, the applicant
may be relicensed only upon successful completion of the examination for new
applicants provided in this chapter and other proof of the applicant's
qualifications to practice landscape architecture as required by the board.
(1) The fees for examination and reexamination shall be the cost of the examination as
determined by the board.
(2) The application and examination administration fee shall not exceed two hundred and
fifty dollars ($250).
(3) The fee for a duplicate certificate shall not exceed one hundred dollars ($100).
The board may provide for issuing of emeritus licenses at an annual fee and subject to
conditions as determined by the board to landscape architects who are at least sixty-five (65)
years of age, have retired, and do not practice landscape architecture.
I.
Revised: 2001 Legislative Session (Act 617 of 2001) Page 7 of 9
Arkansas State Board of Landscape Architects Act
17-36-306. Grounds for revocation.
The examining body shall have the power to deny, suspend or revoke the license of any
landscape architect upon proof:
(I) That the holder of the license is practicing in violation of this chapter or in violation of
the proper rules and regulations of the Arkansas State Board of Landscape Architects
governing this chapter;
(2) That the license or certificate has been obtained by fraud or misrepresentation or the
person named therein has obtained it by fraud or misrepresentation;
(3) That any money, except the regular fees provided for, has been paid for the license or
certificate;
(4) That the holder of the license or certificate is falsely impersonating a practitioner or
former practitioner of a like or different name or is practicing under an assumed or
fictitious name;
(5) That the holder of the license or certificate has been guilty of a felony;
(6) That the holder of the license or certificate has been guilty of fraud or deceit or of gross
negligence or misconduct in the practice of landscape architecture;
(7) That the holder of the license or certificate affixed, or permitted to be affixed, his or her
seal or name to any plans, specifications, drawings, or related documents which were
not prepared by the holder or under his or her responsible supervisory control;
(8) That the holder of the license or certificate has been adjudged mentally incapable by a
court of competent jurisdiction;
(9) That the holder of the license has committed gross unprofessional conduct; or
(I0) That the:holder of the license has:
(A). Had a professional license suspended or revoked.
(B) Had imposed other disciplinary action by a regulatory body of another state for anjy.i..:,:
cause other than failure to pay applicable fees; or
(C) Surrendered or did not renew a professional license after the initiation or any
investigation or proceeding by such a body.
17-36-307. Revocation proceedings.
(a) (1) Any person may prefer charges of fraud, deceit, gross negligence, incompetency, or
misconduct against any licensee. The charges shall be:
(A) In writing,
(B) Sworn to by the person making them; and
(C). Filed with the Arkansas State Board of Landscape Architects.
(2) On its own motion, the board may initiate a proceeding against a licensee.
(b) All charges deemed worthy of consideration by the board shall be investigated by the board.
(c) (1) Where the board determines that there is sufficient evidence of a violation of this
chapter or board regulations, the board may conduct a hearing.
(2) The board will conduct any such hearing pursuant to the Arkansas Administrative
Procedure Act, §25-15-201 et seq.
(d) If after hearing the board finds that the individual has violated applicable law, the board may
impose any one or more of the following sanctions:
(1) Suspension, revocation, or denial of the license or renewal thereof,
(2) A civil penalty as provided in § 17-36-204;
(3) Require completion of appropriate educational programs or courses;
(4) Require successful completion of the licensing examination;
(5) Place conditions or restrictions upon the licensee's license or practice; or
Revised: 2001 Legislative Session (Act 617 of 2001) , Page 8 of 9
Arkansas State Board of Landscape Architects Act
(6) Such other requirements or penalties as may be appropriate to the circumstances of the
case and which would achieve the desired disciplinary purposes.
17-36-308. Reissuance.
The Arkansas State Board of Landscape Architects for reasons it may deem sufficient may
reissue a license to any person whose license has been suspended, revoked, or surrendered after
receipt of a complaint or the initiation of any investigation, providing that no charges of violation
of this chapter are pending in any court of record in this state and that three (3) or more members
of the board vote in favor of reissuance.
17-36-309. Exemptions from licensing.
(a) The following are exempt from licensing under this chapter:
(1) The practice of landscape architecture by any person, who acts under the supervision of
a licensed landscape architect or by an employee of a person lawfully engaged in the
practice of landscape architecture and who, in either event, does not assume responsible
charge of design or supervision;
(2) The practice of landscape architecture by employees of the United States Government
while engaged in the practice of landscape architecture within this state on behalf of the
United States Government.
(3) The practice of landscape architecture by employees of the state or a municipal:
government while providing services for the governmental employer's facilities;
?(4), The practice of planning as customarily done by regional and urban planners;ti,
(5) The practice of arborists, foresters, gardeners, nurserymen, landscape contractors,home
builders, floriculturists, ornamental horticulturists, landscape designers, irrigation ,..
designers, and irrigation contractors performing their respective trades or professions;
and
(6) The practice of architecture or engineering as defined by the laws of this state.
(b) None of the persons referred to in subsection (a) of this section shall use the title of
landscape architect without complying with the provisions of this chapter.
17-36-310. Official seal.
Upon licensure, each licensee under this chapter shall obtain a seal of such design as the
Arkansas State Board of Landscape Architects shall authorize and direct. Plans and
specifications prepared .by,or under the supervision of a licensed landscape architect:shall-be
stamped with this seal during the life of the landscape architect's license. It shall be unlawful for
anyone to stamp or seal any documents with the seal after the license of the landscape architect
named thereon has expired or has been surrendered, suspended, or revoked.
Revised: 2001 Legislative Session (Act 617 of 2001) Page 9 of 9
Consolidated Landscape Code
• S . •' S
II •/3r "I / ri/J r1ia /Ir • • G/
City Council Meeting
September 05, 2006
Amendments Summary
Ch. 151 Definitions
Added definitions of "aspect, caliper, stormwater facility, urban forester"
Redefined application of Landscape Administrator/Urban Forester as common
terms
Ch. 152 Administration
• Added outdoor lighting administration (not related to landscape regulations, but
overlooked when outdoor lighting ordinance was adopted)
• Added Landscape Administrator/Urban Forester to administer Landscape
Regulations, Ch. 177 of the UDC
Ch. 156 Variances
Added a variance section for landscape regulations, giving findings for granting
variances of landscape provisions using similar language as in other sections of
the UDC
Ch. 166 Development
• Removed Ch. 166.10 Buffer Strips and Screening, relocated under 166.14,
Commercial Design Standards (this subsection all refers to requirements of
screening, and we only require these when non-residential uses are proposed, so I
placed it under this chapter)
• Ch. 166.14 Commercial Design Standards removed and replaced with attached
"Exhibit A." I have included the strike-thru and highlighted the changed or
amended language in this section. It primarily reorganizes the chapter and adds
the Buffer Strips and Screening under Commercial Design Standards.
Ch. 172 Parking and Loading
• Removed a reference to a landscaped median in 172.04.D.2.a.ii (it creates a
dangerous turning movement)
• Removed all of Ch. 172.07 Parking Lot Landscaping Requirements, relocated to
new Ch. 177.
Ch. 177 Landscape Regulations
• Created new chapter of UDC. Some of this information is new, some replaces that
removed from other chapters above. Primary new regulations are included below.
• Created purpose for Landscape Regulations in the City of Fayetteville.
• Added a requirement for a registered Landscape Architect's seal to be affixed for
those landscape plans associated with Large Scale Developments/Subdivisions
(see comments submitted by President of the Arkansas Chapter of the American
Society of Landscape Architects and Chair of the Arkansas State Board of
Landscape Architects, as well as the Arkansas State Board of Landscape
Architects Act passed in 2001 Regular Legislative Session).
• Revised landscape plan submittal information to make more clear what is
expected.
• Per Planning Commission amendment, added a sub -section on tree plantings
based on aspect, or achieving shade by planting on the south and west sides of
parking areas, etc.
• Added exemptions to certain landscaping requirements upon approval by the
Urban Forester due to terrain, existing trees or other physical limitations.
• Added Street Tree Planting standards. This defines the Street Tree Planting
requirements already in place for commercial and multi -family projects, and adds
a requirement for one tree per lot for residential subdivisions, as well as
appropriate maintenance guarantees.
• Added urban street tree standards for those projects in urban/downtown areas or
those projects developing with traditional urban development standards, where
buildings adjacent to the sidewalk do not allow for the 15-25 foot greenspace.
• Added two new sections, Stormwater Facilities and Landscaping for Erosion
Control, both of which dovetail with the Stormwater Regulations proposed by the
Engineering Division. Those trees utilized for Stormwater Facilities may also be
counted as mitigation trees.
TITLE XV.UNIFIED DEVELOPMENT CODE
CHAPTER DEFINITIONS_
151.01 Definitions ........
............................
i
CD151:1
Fayetteville Code of Ordinances
CHAPTER 151: DEFINITIONS
151.01 Definitions
For the purpose of Title XV, Unified Development
Code, the following definitions shall apply to the
divider sections, chapters, sections or subsections,
unless the context clearly indicates or requires a
different meaning.
Q
Aspect. (Landscape Regu'lationsi)'The 'angle of
exposures from sunlight'as it relates to the rslope ofthe
earth, primarily south and'west iin this region.
C
Caliper. (Parking and Loading Landscape
Regulations) A measurement of general tree size
taken at a point located six inches above natural
ground or root ball surface.
L
Landscape administrator. (Tree Preservation
and Protection) The person who is responsible for the
administration of Tree Preservation and Protection,
Chapter 167 and (Landscape Regulations, Chapter
177. Also known+as]Urban Forester.
S
Storm water Facility, (Landscape (Regulations) A
facility rdesgned to imet the requirements for
storrnwater imanagemen't. (For the (purposes Hof �this
section, sto mwater ',facilities (refer Primardly to
detention ponds.
U
Urban Foresfex. •(Tree Preservation :and
Prdtection,'Landscape lRegulatiens) The (person Who
is responsible for the administration of Tree
Preservation and Protection, Chapter 1'67 and
Landscape Regulations, (Chapter 1,7,7.. Also known as
Landscape Administrator.
CD151:2
TITLE XV. UNIFIED'DEVELOPMENT CODE''
:CHAP_TER.3152: ADMINISTRATIONS p
152.01 ADMINISTRATORS DESIGNATED..................................................................:.............................2
152.02-152.99 RESERVED..........................................................................................................................2
F
CD152:1
Fayetteville Code of Ordinances
CHAPTER 152: ADMINISTRATION
152.01 Administrators Designated (2) Vegetative elements: Landscape
The following listed sections of the UDC shall be Administrator.
administered, interpreted, and enforced by the person
designated, or his/her duly authorized representative. (J) Outdoor Lighting: Zoning and Development
Administrator.
(A) Streets and Sidewalks:
(1) Streets: City Engineer.
(2) Sidewalks: City Engineer or his designee.
Cross reference(s)—Streets and Sidewalks, Ch. 171.
(B) Flood Damage Prevention: Floodplain
Administrator.
Cross reference(s)-Flood Damage Prevention, Ch.
168.
(C) Signs: Zoning and Development Administrator.
Cross references) --Signs, Ch. 174.
(D) Development: Zoning and Development
Administrator.
Cross reference(s)—Development, Ch. 166.
(E) Zoning:
(1) Use conditions: Zoning and Development
Administrator.
(2) Nonconforming uses and structures: Zoning
and Development Administrator.
(3) Airport zoning: Building Safety Director.
Cross reference(s)—Zoning Regulations, Ch. 160-165.
(F) Parking and Loading: Zoning and Development
Administrator.
Cross reference(s)—Parking and Loading, Ch. 172.
(G) Physical Alteration of Land: City Engineer.
Cross reference(s)—Physical Alteration of Land. Ch.
169.
(H) Tree Preservation and Protection: Landscape
Administrator.
Cross reference(s)--Tree Preservation and Protection,
Ch. 167.
(I) Stormwater Management, Drainage and Erosion
Control:
(1) General: City Engineer.
Cross itefecence(s)=0utdoorlLidhling, `Ch, 376.
(K) Landscape Regulations: Landscape
Administrator' (Urban Forester).
Cross freference(s)- (Landscape (Regulations, Ch. V177I
Cross reference(s)--Stormwater Management,
Drainage and Erosion Control, Ch. 170.
(Code 1965, App. A. Art. 9 (1), App. B, VII, App. C. Art. V.
§A; Ord. No. 1747, 6-29-70; Ord. No. 1750,7-6-70; Ord. No.
2697, 1-20-81; Code 1991, §§150.08, 159.65, 160.190,
162.03, 163.06; Ord. No. 3699, §3, 4-20-93; Ord. No. 3963,
§9, 4-16-96; Ord. No. 4100, §2 (Exh. A), 6-16-98: Ord. No.
4340. 10-2-01)
152.02-152.99 Reserved
CD152:2
TITLE XV,UNTIED'DEVEL0PMENT'C0DE
CHAPTER 156: ,VARIANCES a
156.01 GENERAL REQUIREMENTS..........................................................................................................3
156.02 ZONING REGULATIONS .............
156.03 DEVELOPMENT
.3
156.04 STORMWATER DRAINAGE AND EROSION CONTROL..............................................................7
156.05 SIGN REGULATIONS......................................................................................................................8
156.06 AIRPORT ZONE...............................................................................................................................8
156.07• LANDSCAPE REGULATIONS ............. .................... ............ ...........:..............................................
8
156.08-156.99 RESERVED..... ......•......................•....•••.....•.. ..................... ................. ....................... .....
CD156:1
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 156: VARIANCES
156.01 General Requirements
All applications for variances shall be submitted in
writing to the person responsible for administration of
the referenced section.
(Ord. No. 4100, §2 (Ex. A), 6-16-98)
Cross reference(s)—Administration, Ch. 152.
156.02 Zoning Regulations
Certain variances of the zoning regulations may be
applied for as follows:
(A) General regulations. A variance shall not be
granted unless and until an application
demonstrates:
(1) Special conditions. That special conditions
and circumstances exist which are peculiar
to the land, structure, or building involved
and which are not applicable to other lands,
structures, or building in the same district.
(2) Deprivation of rights. That literal
interpretation of the provisions of the zoning
regulations would deprive the applicant of
rights commonly enjoyed by other properties
in the same district under the terms of the
zoning regulations.
(3) Resulting actions. That the special
- conditions and circumstances do not result
from the actions of the applicant.
(4) No special privileges. That granting the
variance requested will not confer on the
applicant any special privilege that is denied
by Zoning, Chapters 160 through 165, to
other lands, structures, or building in the
same district.
(5) Nonconforming uses. No nonconforming
use of neighboring lands, structures, or
buildings in the same district, and no
permitted or nonconforming use of lands,
structures, or buildings in other districts shall
be considered grounds for the issuance of a
variance.
(B) Consideration by the Planning Commission.
Applications for variances of zoning and
development shall be considered by the Planning
Commission.
(1) Design Overlay District.
(a) Special conditions. The purpose of this
section is to authorize in specific cases
such variances from the regulations of
the Design Overlay District as will not be
contrary to the public interest, where,
owing to special conditions, a literal
enforcement of the Design Overlay
District regulations would result in
unnecessary hardship.
(b) Variance requested. A variance from
the terms of the Design Overlay District
regulations shall not be granted by the
Planning Commission unless and until
the applicant provides from what section
a variance is requested. This shall be
submitted along with the large scale
development plan.
(c) Findings. The Planning Commission
shall make the following findings:
(I) Requirements met. That the
requirements of §156.02.(A) have
been met by the applicant for a
variance.
(ii) Minimum variance. That the
reasons set forth in the application
justify the granting of the variance,
and that the variance is the
minimum variance that will make
possible the reasonable use of the
land, building, or structure.
(iii) Harmony with general purpose.
That the granting of the variance
will be in harmony with the general
purpose and intent of the Design
Overlay District, and will not be
injurious to the neighborhood, or
otherwise detrimental to the public
welfare.
(d) Conditions and safeguards. In granting
any variance, the Planning Commission
may prescribe appropriate conditions
and safeguards in conformity with this
section.
(2) Access to structure. The Planning
Commission shall have the authority to
waive the requirement that every building
hereafter erected or moved shall be located
on a lot which has frontage on a public street
when the property owner provides safe and
convenient access for fire protection and
sanitation vehicles.
(3) . Parking variances.
(a) Number of spaces. The Planning
Commission shall have the authority to
vary the number of off-street parking
CD156:3
Fayetteville Code of Ordinances
spaces required in C-3 and C-4
Districts.
(b) Findings. The Planning Commission
shall make findings indicating:
(I) Parking generated. That the
proposed use will not generate as
much parking as required under the
existing standard.
(ii) Shared parking. That shared
parking facilities are available; or
(iii) On -street parking. That on -street
parking can satisfy intermittent and
occasional demands.
(c) Conditions. All waivers shall meet the
conditions listed below:
(i) C-3 and C-4 Districts. Conditions
for waivers in C-3 and C-4 Districts:
a. In lieu fee. An in lieu fee of
$1,200.00 for each on -site
parking space shall be paid to
the city. This money shall be
held in an interest bearing
account and shall be expended
for public parking facilities
within the district it is collected
within 10 years from the date it
is collected. If said money has
not been so expended within
10 years of the date collected,
said money, together with the
interest thereon, shall be
refunded to the person or entity
who made the contribution; or
b. Shared parking. For any
parking space which is
proposed to be shared under
the provision of §172.05(C).
The applicant must present a
signed agreement with the
owner of the property. The
agreement shall address the
number of spaces required for
both properties, the number of
spaces available together with
a site plan, and any other
pertinent information, such as
restrictions on sharing for
certain days or hours.
(4) Bicycle rack variance. The Planning
Commission may modify or waive the
requirement for or the design standards for a
bicycle rack.
(C) Consideration by the Board of Adjustment.
(1) Bulk and area. Applications for variances of
bulk and area requirements shall be
considered by and may be approved by the
Board of Adjustment.
(2) Public hearing. A public hearing shall be
held.
(3) Findings. The Board of Adjustment shall
make the following findings:
(a) Minimum variance. That the reasons
set forth in the application justify the
granting of the variance, and that the
variance is the minimum variance that
will make possible the reasonable use of
the land, building, or structure.
(b) Harmony with general purpose. The
Board of Adjustment shall further make
a finding that the granting of the
variance will be in harmony with the
general purpose and intent of zoning,
Chapters 160 through 165, and will hot
be injurious to the neighborhood, or
otherwise detrimental to the public
welfare.
(c) Conditions and safeguards. In granting
any variance, the Board of Adjustment
may prescribe appropriate conditions
and safeguards in conformity with the
zoning regulations.
(d) No variance allowed. Under no
circumstances shall the Board of
Adjustment grant a variance to allow
use not permissible under zoning in the
district involved, or any use expressly,
or implication prohibited by the terms of
the zoning regulations in said district.
(4)
Action, The
Board of
Adjustment may take
the following
actions:
(a) Reverse or affirm, wholly or partly; or
(b) May modify the order, requirement,
decision, or determination appealed
from and may make such order,
requirement, decision, or determination
as ought to be made, and to that end
shall have the powers of the Zoning and
Development Administrator from who
the appeal is taken.
(5) Vote. The concurring vote of a majority of
the members present shall be necessary to
reverse any order, requirement, decision or
determination of the Zoning and
CD156:4
TITLE XV UNIFIED DEVELOPMENT CODE
Development Administrator, or to decide in
(B) Consideration by the City Council — park land
favor of the applicant on any matter upon
dedication. Any variation in the land dedication
which it is required to pass or to effect any
ratios or contribution formulas set forth in
variation in the application.
§166.03(K) shall be considered a variance and
requires approval of the City Council. Upon
(Code 1965, App. A. 5 (VII (a)); Ord. No. 2148, 10-7-75; Ord.
recommendation of the Planning Commission
No. 2351, 6.21-77; Ord. No. 2362, 8-2-77; Ord. No. 1747, 6-
after consultation by the commission with the
29-70; Code. 1991, §160.038(E); Ord. No. 4100, §2 (Ex. A).
Parks. and Recreation Advisory Board, the City
6-16-98; Ord. No. 4293, 2-20-01)
Council, upon determination that enforcement of
§166.03(K) would cause unnecessary hardship,
156.03 Development
P
or that the problems or merits of the development
Certain variances of the development regulations may
reflect unique. circumstances; may grant a
be applied for as follows:
variance of the requirements, provided:
(A) General requirements.
(1) Consistent with parks plan. Any dedication
of land or contribution in lieu of land or
(1) Undue hardship. If the provisions of
combination thereof shall adequately provide
Development, Chapter 166, are shown by
for the park and recreational needs of the
the developer to cause undue hardship as
proposed development and be consistent
they apply to this proposed development
with the Fayetteville Parks Plan.
(including, but not 'limited to financial,
environmental, or, regulatory) and that the
(2) Contributions of services, facilities, etc. If
situation is unique to the subject property,
the. developer proposes to contribute
the city Planning Commission may grant a
services, facilities, or equipment in lieu of a
variance, on a temporary or permanent
cash contribution, such a contribution shall
basis, to the development from such
not be accepted by the city unless the Parks
provision, so that substantial justice may be
and Recreation Advisory Board has been
done and the public interest secured;
consulted and . provides a recommendation
provided that the variation will not have the
as to the appropriateness and safety of such
effect of nullifying the intent and purpose of
contribution.
the development regulations. No variance
shall be granted for any property which does
(C) Consideration by the Planning Commission.
not have access to an improved street.
(1) Design standards.
(2) Conditions and safeguards. In granting
variances, the Planning Commission may
(a) Undue hardship. the provisions of
prescribe appropriate conditions and
,If
these standards are shown by the
safeguards to secure substantially the
developer to cause undue hardship as
objectives of the standards or requirements
they apply to his proposed development,
so varied,
the city Planning Commission may grant
a variance to the developer from such
(3) Preliminary and final plat. An applicant for a
provisions, so that substantial justice
variance of preliminary and final plat
may be done and the public interest
requirements shall provide the Zoning and
secured; provided that the variation will
Development Administrator with a survey,
not have the effect of nullifying the intent
certified by a registered surveyor or
and purpose of development
registered engineer, of the property
regulations.
proposed for division. Said survey shall
indicate the acreage of all proposed lots.
(b) Conditions. In granting variances, the
Planning Commission may impose such
4 Exception. A transfer or adjustment of a
( ) 1
conditions as will, in its judgment,
property line between adjoining property
secure substantially the objective of the
owners which does not create a separate,
standards or requirements so varied.
new lot shall not require a variance by the
Zoning and Development Administrator of
(2) Required off -site improvements.
preliminary and final plat requirements, but
must be approved by the Planning Division
Grounds. A developer may petition the
for conformance with existing zoning
Planning Commission for a variance of off -
requirements for lot width, lot area, setback
site improvement requirements in whole or in
requirements, and buildable area.
part on one or more of the following grounds:
CD156:5
Fayetteville Code of Ordinances
(a) No city plans. The city has no plans for
that such variance shall not have the effect
upgrading the substandard street or
of nullifying the intent and purpose of the
road on which off -site improvements are
chapter. The Planning Commission's
proposed to be required by the
approval of said variance must be affirmed
developer,
by the City Council to become effective, and
a denial of the requested variance may be
(b) Unfair imposition. The proposed
appealed to the City Council.
development has primary access to
improved streets or roads and the
(6) Flood Damage Prevention Code. The
portion of the development which fronts
Planning Commission shall hear and decide
on a substandard street or road is so
requests for variances from the requirement
small or remote from anticipated future
of this ordinance. Any person or persons
traffic patterns as to cause an unfair
aggrieved by the decision of the Planning
imposition on the development.
Commission regarding a variance request
may appeal such a decision in the courts of
(c) Alternate off -site improvements. The
competent jurisdiction.
developer proposes alternative off -site
improvements which will protect the
(a) In passing upon such applications, the
health, safety, and welfare of persons
Planning Commission shall consider all
residing in the proposed development
technical evaluations, all relevant
and the surrounding area and equally
factors, and standards specified in other
benefit said persons.
sections of this ordinance.
(d) Improved streets or roads. The
(b) Variances may be issued for the
developer does not propose access to
reconstruction, rehabilitation, or
the proposed development from an
restoration of structures listed in the
existing substandard street or road, and
National Register of Historic Places,
proposes to provide access 'by streets or
without regard to the procedures
roads improved to current city or county
identified in the remainder of this
standards.
ordinance. Variances may only be
issued for such repair, or rehabilitation if
(3) Buffer strips and screening.
strict enforcement of the ordinance
would preclude'the structure's continued
(a) Screening. The Planning Commission
designation as a historic structure, and
shall have the authority to grant a
the variance is the minimum necessary
variance from the screening
to preserve the historic character and
requirements prescribed by'§d'66:�14.
design of the structure.
(b) Conditions. The Planning Commission
(c) Generally, variances may be issued for
may impose reasonable conditions in
new construction and substantial
the granting of a variance to ensure
improvements to be erected on a lot half
compliance or to protect adjacent
acre or less in size contiguous to and
property.
surrounded by lots with existing
structures constructed below the base
(4) Major development — park land dedication,
flood level, providing items (1) through
A developer of a major development can
(11) of §168.03(A) have been fully
petition for a variance from the requirements
considered. As the lot size increases
of §166.03(K) to the Planning Commission,
beyond half acre, the technical
The Planning Commission's approval of said
justification required for issuing the
variance must be affirmed by the City
variance increases.
Council to become effective, and the
Planning Commission's denial may be
(d) Variances shall not be issued within any
appealed to the City Council.
designated floodway if any increase in
flood levels during the base flood
(5) Tree preservation plan. A developer may
discharge would result.
petition the Planning Commission for a
variance from the requirements of Chapter
(e) Variances 'shall only be issued upon a
167, Tree Preservation and Protection, in
determination that the variance is the
those cases where their strict application
minimum necessary, considering the
would work an injustice as applied to the
flood hazard, to afford relief.
proposed development due to a situation
unique to the subject real property; provided
CD156:6
TITLE XV UNIFIED DEVELOPMENT CODE
(f)
Floodplain variances shall only be
(7) Outdoor Lighting Plan.
issued if:
(a) Undue Hardship. So that substantial
(i) There are exceptional or
justice may be done and the public
extraordinary circumstances or _
interest secured, a developer may
conditions applicable to the
petition the Planning Commission for a
property involved or to the intended
variance from the requirements of
use of the property, which do not
Chapter 176: Outdoor Lighting, by
apply generally to other property in
showing that their strict application
the same flood zone;
would cause undue hardship as applied
to the proposed development; provided
(ii) A determination that failure to grant
that such variance shall not have the
the variance would result in
effect of nullifying the intent and purpose
exceptional hardship to the
of the chapter.
applicant; and,
•
(b) Conditions. In granting variances, the
(iii) A determination that the granting of
Planning Commission may impose such
a variance will not result in
conditions as will, in its judgment,
increased flood heights, additional
secure substantially the objectives of the
threats to public safety,
requirements so varied.
extraordinary public expense,
create nuisances, cause fraud on or
(Ord. 4714, 6-21-05)
victimization of the public, or conflict
with the other provisions of the
156.04 Stormwater Drainage And Erosion
Code of Fayetteville.
Control
(g)
Variances may be issued for new
Certain variances of the stormwater management,
construction and substantial
drainage, and erosion control regulations may be
improvements and for other
applied for as follows:
development necessary for the conduct
of a functionally dependent use provided
Criteria. A variance may be granted from any
that the provisions of §168.03(A) are
requirement of the stormwater management,
satisfied and that the structure or other
drainage, and erosion control regulations using the
development is protected by methods
following criteria:
that minimize flood damages during the
(A) Special circumstances. There are special
base flood and create no additional
threats to public safety.
circumstances applicable to the subject property
or its intended use; and
(h)
Upon consideration of the factors in this
(B) Results. The granting of the variance will not
section, and the purpose of this
ordinance, the Planning Commission
result in:
may impose conditions to the granting of
floodplain variances as it deems
(1) Surface water runoff. An increase in the rate
necessary to further the purpose of this
or volume of surface water runoff;
ordinance.
(2) Adjacent property. An adverse impact on
(i)
Any applicant to whom a variance is
any adjacent property,- wetlands,
granted shall be given written notice that
watercourse, or water body;
the structure will be permitted to be built
lowest floor elevation below the
(3) Water quality. Degradation of water quality;
with a
regulatory flood elevation surcharge and
or
that the cost of flood insurance will be
commensurate with the increased risk
(4) Objectives. Otherwise impairing attainment
resulting from the reduced lowest floor
of the objectives of Chapter 170.
elevation. A copy of the notice shall be
(Ord. No. 4100, §2 (Ex. A), 6-16-98)
recorded by the floodplain administrator
in the office of the Washington County
Clerk and shall be recorded in a manner
so that if appears in the chain of title of
the affected parcel of land.
CD156:7
156.05 Sign
Consideration
Administrator.
Administrator s
174, Signs,
demonstrates:
Regulations
by the Zoning and Development
The Zoning and Development
hall not grant any variance of Chapter
unless and until an applicant
(A) Special conditions. That special conditions and
circumstances exist which are peculiar to the
land, structure, or building involved and which are
not applicable to other lands, structures, or
building in the same district.
(B) Deprivation of rights. That literal interpretation of
the provisions of the sign regulations would
deprive the applicant of rights commonly enjoyed
by other properties in the same district under the
terms of the sign regulations.
(C) Resulting actions. That the special conditions
and circumstances do not result from the actions
of the applicant.
(D) No special privileges. That granting the variance
requested will not confer on the applicant any
special privilege that is denied by Chapter 174,
Signs, to other lands, structures, or building in the
same district.
(E) Nonconforming uses. No nonconforming use of
neighboring lands, structures, or buildings in the
same district, and no permitted or nonconforming
use of lands, structures, or buildings in other
districts shall be considered grounds for the
issuance of a variance.
(F) Time Limitation. Any variance granted shall
automatically be revoked if the applicant does not
comply with the terms of the variance within 90
days from the granting thereof; and, the applicant
shall be required to comply with the literal
provisions of Chapter 174, Signs.
(G) Prohibited. The Zoning and Development
Administrator shall not permit as a variance any
sign the erection of which or the continuance of
which is prohibited by Chapter 174, nor shall any
variance be granted to allow a greater number of
signs than specifically set forth therein.
(H) Content Neutrality; Restrictions. The Zoning and
Development Administrator shall not take into
account the content of any message sought to be
displayed on the sign when determining whether
to grant a variance. Variances can only be
granted for setbacks, area, height, the proposed
on -site location of the sign, or other technical
requirements, and shall not exceed 15% of the
Code requirement.
(Ord. No. 4100, §2 (Ex. A), 6-16.98; Ord 4652, 12-07-04)
Cross reference(s)-Enforcement, Ch. 153; Signs, Ch.
174.
156,06 Airport Zone
(A) Board of Adjustment. The Board of Adjustment
shall have the authority to grant variances from
the height limits prescribed in Chapter 165. Any
person desiring to erect any structure or increase
the height of any structure or permit the growth of
any object of natural growth, in excess of the
heights prescribed, must apply in writing to the
Board of Adjustment for a variance. Such
variance shall be allowed upon a showing of
practical difficulty or unnecessary hardship,
together with a showing that the structure or
object of natural growth in question will not cause
an undue hazard to aircraft operations at the
airport.
(B) Determination from Federal Aviation
Administration. The application for a variance
shall be accompanied by a determination from
the Federal Aviation Administration as to the
effect of a proposal on the operation of air
navigation facilities and the safe, efficient use of
navigable airspace. Additionally, no application
for a variance may be considered by the Board of
Adjustment unless a copy of the application has
been furnished to the airport manager for
comment as to the aeronautical effects of the
variance. If the airport manager does not
respond to the application within 15 days after
receipt thereof, the Board of Adjustment may
grant or deny said application.
(C) Marking and lighting. In granting any application
for any permit or variance, approval may be
conditioned as to require the owner of the
structure or object of natural growth in question to
install and maintain obstruction markings or
lights.
(D) Findings of fact. Written findings of fact and
conclusions of law shall be made by the Board of
Adjustment based upon the evidence offered at
the public hearing.
(Ord. No. 4100, §2 (Ex. A), 6-16-98)
Cross reference(s)-Notification and Public Hearings,
Ch. 157.
1!56407 (Landscape @Re;gu'Iations
(Aj) Tihe Planning Commission shat) have the
authbnly Ito ,grant a'vatiance Strom Tihe (landscaping
req u irements IprcescPribed tby {§'1P 77..
(B) Findings. The (Planning tomm°ission ishatl imake
(he Ybtlowjng findingsc
CD156:8
TITLE XV UNIFIED DEVELOPMENT CODE
(1) Mnimum variance. That the reasons
,set forth in the application justify the
granting of the variance, and that the
variance is the minimum variance that
will make possible the reasonable use of
the land, building, or structure.'
(2):Harmony with general purpose. The
Planning Commission shall further make
a finding that the granting of the
variance will be in harmony with the
general purpose and intent of the
Landscape Regulations, § 177, and will
not be injurious to the neighborhood, or
'otherwise_ydetrimental ,to the._publi6
welfare:
.��
(3) Conditions and safeguards. In granting
any variance, the Planning Commission
may prescribe appropriate conditions
and safeguards to ensure compliance or
to protect adjacent property.
r4) Undue Hardship. If the provisions of the
tandards within Landscape
Regulations, §177, are shown by the
developer to cause undue hardship as
they apply to his proposed development,
the Planning Commission may grant a
variance to the developer from such
provisions, so that substantial justice
may be done and the public interest
secured; provided that the variation will
not have the effect of nullifying the intent
and purpose., of development
regulations.!
y156.08,156.99.Res ry d
CD156:9
TITLE XV UNIFIED.'DEVELOPMENT CODE
CHAPTER 1-66: DEVELOPMENT:
166.01 SUBDIVISION APPROVAL.............................................................................................................3
166.02 PLAT REQUIREMENTS..................................................................................................................6
166.03 REQUIRED ON -SITE IMPROVEMENTS -SUBDIVISIONS IN CITY LIMITS..............................12
166.04 REQUIRED ON -SITE IMPROVEMENTS - SUBDIVISIONS IN PLANNING AREA.....................16
166.05 LARGE SCALE DEVELOPMENT (LSD).......................................................................................17
166.06 PLANNED ZONING DISTRICT(PZD).....................................:.....................................................20
166.07
REQUIRED OFF -SITE IMPROVEMENTS .......................... ........... ................................................ za
166.08
DESIGN STANDARDS..................................................................................................................29
166.09
CONDITION OF ACCEPTANCE....................................................................................................32
166.10
BUFFER S,TI ' \ND SCR€€NII` G -RESERVED....................
...32
166.11
CONFORMANCE TO PLANS AND REGULATIONS....................................................................33
166.12
STRUCTURES NOT ALLOWED OVER PUBLIC EASEMENTS.............................
........
166.13
UNDERGROUND UTILITY WIRES...............................................................................................34
166.14
COMMERCIAL DESIGN AND DEVELOPMENT STANDARDS..................... ................
.......
166.15
APPLICATION FOR BUILDING PERMIT......................................................................................37
166.16
CONSTRUCTION TO BE AS PROVIDED IN APPLICATION, PLAN, AND PERMITS................38
166.17
SUSPENDING ISSUANCE OF PERMITS PENDING ZONING AMENDMENTS .........:................38
166.18
MASTER STREET PLAN SETBACKS.................................. ................. .............. .........
166.19
EXPIRATION OF PREVIOUSLY APPROVED PLANS AND PERMITS........... .....
166.20
EXPIRATION OF APPROVED PLANS AND PERMITS...............................................................38
166.21-166.99 RESERVED.........................................................................................................................
39
CD166:1
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 166: DEVELOPMENT
166.01 Subdivision Approval
The subdivider shall follow the procedures in this
chapter for the approval of a subdivision plat.
(A) Concept plan. When a developer intends to
subdivide land within the city's planning area
boundary he/she may first submit a concept plat
to the Zoning and Development Administrator for
the Planning Commission's consideration.
(1) Purpose. The purpose of the concept plat
process is to allow all interested parties an
opportunity to provide the developer with
their input or requirements before the
developer invests a great deal of time or
money into the preparation of detailed plat.
(2) Submittal. The concept plat shall be
submitted to the Zoning and Development
Administrator at least seven (7) days prior to
the Planning Commission meeting at which it
is to be considered.
(3) Information. The concept plat shall contain
the following information:
(a) Copies. The number of copies as
indicated on the application form, drawn
at 1 inch=100 feet or 1 inch=200 feet on
any material so long as it portrays the
intent of the developer;
(b) Vicinity map. A vicinity map which
shows the proposed subdivision location
in relation to the nearest arterial and
collector streets on the Master Street
Plan or Washington County Highway
Plan;
(c) Topography. Topography (USGS is
sufficient);
(d) Natural or physical features. Existing
watercourses, floodplains, tree cover,
and other natural or physical features or
restricting elements; .
(e) Utilities. Type of utilities to be provided;
(f) Proposed use. Proposed use of all
land;
(g) Traffic system. Existing and proposed
traffic system;
(h) Structures. Proposed type and number
of structures;
(i) Developer identification. Name,
address, and telephone number of
owner, developer, and engineer or
surveyor; and
) Subdivision identification. Subdivision
name, scale, date, north arrow and
acreage.
(4) Distribution. . The concept plat will be
distributed to the city's department heads,
members of the technical advisory
committee and other affected parties. Any
comments concerning the proposed
subdivision received by the Zoning and
Development Administrator shall be passed
on to the developer.
(5) Planning Commission review. The Planning
Commission will review the proposed
subdivision considering all applicable city
plans and ordinances, and comments
received from technical review people and
the Zoning and Development Administrator.
Following its - review, the . Planning
Commission will determine any potential
problems which could result in refusal to
approve a final plat. Following Planning
Commission review the Zoning and
Development Administrator will advise the
developer in writing of the review comments.
Cross reference(s)--Notification and Public Hearings,
Ch. 157; Departments, Boards, Commissions and
Authorities, Ch. 33.
(B) Preliminary plat.
(1) Application/information. When a subdivision
of land . is proposed, the first formal
application for approval shall be directed to
the Planning Commission and submitted to
the Zoning and Development Administrator
and shall consist of the following:
(a) Application for preliminary subdivision
plat approval.
(b) Payment of the preliminary plat fee.
(c) The number of copies of a preliminary
plat as indicated on the application form
of the proposed subdivision which plat
shall include the information indicated
for preliminary plats in §166.02. The
preliminary plat shall be reviewed first
by the Plat Review Committee. The
developer shall then submit necessary
copies of the plat, with revisions as
recommended by the Plat Review
Committee, for the distribution to the
Planning Commission.
CD166:3
Fayetteville Code of Ordinances
(2) Submittal. Application for preliminary plat construction until plans have been
approval shall be submitted to the Zoning approved.
and Development Administrator at least 15
days prior to the meeting of the Planning (b) Tentative approval. Approval of the
Commission at which consideration is preliminary, plat is tentative pending
requested. submission and approval of the final
plat.
(3) Plat Review Committee and Subdivision
Committee procedure. Following submittal (c) Effectiveness. Approval of the
of a preliminary plat, final plat or large scale preliminary plat shall be effective for one
development plan the Zoning and (1) year and thereafter as long as work
Development Administrator shall: is actively progressing on the installation
of required improvements.
(a) Distribution to Plat Review Committee.
Distribute the proposed development to (d) Site preparations. Receipt by the
the Plat Review Committee for its review subdivider of the Planning
and comment. Commission's written approval of the
preliminary plat authorizes the
(b) Schedule meeting. Schedule a meeting subdivider to proceed with:
of the Plat Review Committee to
consolidate comments on all plats (i) The preparation of site
submitted for consideration, improvement plans and
specifications including:
(c) Comments provided to Subdivision
Committee. The Plat Review a. Street plans, profiles and
Committee comments shall be provided specification accompanied by
to the Subdivision Committee for its soil analyses and design
review and decision or recommendation. calculations;
(d) Recommendation to Planning b. Storm drainage plans, profiles
Commission. The Subdivision and specifications accompani-
Committee will review the Plat Review ed by soil analyses and design
Committee comments and make a calculations; and
recommendation to the Planning
Commission. c. Water and sewer plans,
profiles and specifications,
(4) Planning Committee action, accompanied by design
calculations, to be reviewed
(a) Consideration of reports and comments, and approved by city officials.
The Planning Commission shall
consider the preliminary plat along with (ii) Site improvements. The installation
all reports and comments by utility of site improvements after plans
companies, city departments and and profiles for such improvements
others. have been approved by the
appropriate official.
(b) Approval/disapproval/conditions. Within
30 days after the Zoning and (e) Preparation of final plat. Preparation of
Development Administrator's receipt of the final plat of the subdivision or of a
the preliminary plat, the Planning portion of the subdivision.
Commission shall indicate its approval,
disapproval, or approval with conditions. (C) Concurrent plat. When a property owner wishes
to transfer one or more parcels, each of which
Cross reference(s)—Appeals, Ch. 155; Notification and contains more than five (5) acres, or wishes to
Public Hearings, Ch. 157. transfer parts of recorded lots that do not require
replatting, dedications, vacations, reservations,
(5) Approval. Approval of the preliminary plat changes in alignments of easements or rights -of -
shall be subject to the following way, or the extension of utilities, the Planning
qualifications:
Commission may waive the preliminary plat and
a No authorization to approve the final plat (a concurrent plat) for filing
(a) proceed. Such with the county recorder,
approval does not constitute
authorization to proceed with (D) Final Plat.
CD166:4
TITLE XV UNIFIED DEVELOPMENT CODE
(1) Application for approval. While the Planning
the Zoning and Development
Commission's approval of the preliminary
Administrator for city records.
plat is in effect; the subdivider may submit to
the Zoning and Development Administrator
(ii) The developer shall file the other
an application for approval of the final plat
mylar and any covenants with the
which shall consist of:
county recorder and shall provide
the Zoning and Development
(a) Application. Application for final
Administrator with proof of filing.
subdivision plat approval.
No building permits shall be issued
until 'proof of filing has been
(b) Fee. Payment of the final plat fee.
provided by the developer.
(c) Copies of plat. The number of copies of
(b) The copies of the final plat as required
the final plat as indicated on the
by the Zoning and Development
application form, which plat shall include
Administrator, with the approval of the
the information required for final plats by
Planning Commission certified thereon
§166.02. Following review of the final
including all signatures.
plat by the Plat Review Committee, the
developer shall submit the necessary
(6) Dedications. The City Council accepts all
copies of the plat, with any revisions, for
streets and alleys located in Fayetteville that
distribution to the Planning Commission.
have been previously approved and
accepted as dedications by the Fayetteville
(d) Certification by city staff. Certification
Planning Commission. The City Council
by the street superintendent and City
confirms the acceptance of all such streets
Engineer that all improvements have
and alleys dedicated by developers/owners
been installed as approved,
to the city which have been approved by the
Fayetteville Planning Commission.
Cross reference(s)-Bonds and Guarantee, Ch. 158.
(2) Submittal. An application for approval of a
final subdivision plat shall be submitted to
the Zoning and Development Administrator
not less than 15 days prior to the meeting of
the Planning Commission at which
consideration is requested.
(3) Procedure. The final plat procedure shall
follow that of the preliminary plat. Final plats
may be approved by the Subdivision
Committee.
(4) Approval / disapproval. Within 60 days after
receipt of the filial plat and other required
information, the Planning Commission shall
approve or disapprove the final plat, which
approval or disapproval shall be
communicated to the applicant in writing.
(5) After approval. When the final plat has been
approved by the Subdivision Committee or
the Planning Commission, the subdivider
shall submit the following to the Zoning and
Development Administrator.
(a) Two original reproducible transparent
mylars:
(i) One reproducible transparent mylar
copy of the final plat containing the
certification of the Planning
Commission shall be retained by
(Code 1965, App. C., Art. II, §§A -D; Ord. No. 1750, 7-6-70;
Ord. No. 2581, 12-4-79; Ord. No. 2789, 1-18-82; Code 1991,
§§159.010; 159.11(C), 159.12, 159.13; 159.14; Ord. No.
3781, §1, 4-19-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord.
No. 4350, §1, 11-20-01)
Cross reference(s)-Bonds and Guarantees, Ch. 158;
Fees, Ch. 159.
(E) Lot splits.
(1) Application for approval. When a property is
to be subdivided into only one new lot, the
application shall be submitted to the Zoning
and Development Administrator and consist
of the following:
(a) Application. Application for lot split approval.
(b) Fee. Payment of lot split fee.
(c) Survey. A survey, certified by a
registered surveyor or registered
engineer of the property proposed for
division. Said survey shall indicate the
acreage of all proposed lots.
(2) Submittal. Application for lot split approval
shall be submitted at least 15 days prior to
the meeting of the Planning Commission at
which consideration is requested.
(3)
Subdivision Committee
approval.
The
procedure for a lot split
shall follow
that of
CD166:5
Fayetteville Code of Ordinances
the preliminary plat. A lot split may be
approved by the Subdivision Committee.
(4) Administrative approval. The Zoning and
Development Administrator may grant a lot
split if the property meets the following
requirements:
(a) First division: three (3) acres, each lot.
(b) Second and third divisions: five acres,
each lot.
(c) No dedication of street right-of-way is
required
(5) After approval. The applicant shall submit to
the Zoning and Development Administrator
the copies of the lot split as required by the
Zoning and Development Administrator.
(F) Property line adjustment. A transfer or
adjustment of a property line between adjoining
property owners which does not create a
separate, new lot shall be approved by the
Zoning and Development Administrator for
conformance with existing zoning requirements
for lot width, lot area, setback requirements, and
buildable area.
166.02 Plat Requirements
(A) Original plan drawings. The original plan shall be
drawn in waterproof ink on mylar or other
reproducible, stable base material at a scale
which best suits the size of the property being
platted. If the scale is other than 1 inch=100 feet,
then the developer shall provide one print or
photo conversion at a scale 1 inch=100 feet.
Mylar sheets shall be 18 inches by 23 inches.
(8) Plat information. The following information shall
be submitted to the Planning Commission for
review and approval:
(1) General.
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Name, address,
zoning and property
lines of all property
owners adjacent to
X
X
X
X
X
X
the exterior
boundaries of the
project.
Name, address,
telephone numbers
of owner(s),
X
X
X
X
X
developer(s) and
project
representatives
North arrow, scale
(graphic and
written),date of
X
X
X
X
X
preparation zoning
classification, and
proposed use.
Title block located in
the lower right hand
comer indicating the
name and type of
X
X
X
X
X
project, scale, firm or
individual preparing
drawing, date and
revisions.
Provide a complete
X
X
X
X
X
and accurate legend
_
A vicinity map of the
project with a radius
of 1.5 miles from the
project. This map
shall include any
X
X
X
X
X
X
Master Street Plan
streets as well as the
100 year flood plain
boundary.
Street right-of-way
lines clearly labeled.
The drawing shall
depict any future
R.O.W. needs as
determined by the
AHTD and Master
X
X
X
X
X
X
Street Plan. Future
R.O.W. as well as
existing R.O.W. and
center lines should
be shown and
dimensioned.
The location of all
X
X
X
X
X
existing structures.
Site coverage note
indicating the
percentage of site
x
that is covered by
both buildings and
surfaced area.
CD166:6
TITLE XV UNIFIED DEVELOPMENT CODE
(2) Legal description.
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Written legal
descriptions
Including area in
square feet or acres
that read clockwise
•(Note: If the project
X
X
X
X
X
X
Is contained in more
than one tract, the
legal for each
individual tract and a
total tract description
must be rovided.
Boundary survey of
the property shown
on the plat. The
surveyor shall seal,
X
X
X
X
X
X
sign and date the
survey. The survey
shall be tied to state
plan coordinates.
Provide a
benchmark, clearly
defined with an
accuracy of 1/100.
This benchmark
must be tied to USC
X
X
X
X
X
& GS Datum.
Benchmarks include
but are not limited to
the following: fire .
hydrant, man hole,
etc.
Point -of -beginning
from a permanent
well-defined
reference point. This
X
X
X
X"
X
X
P.O.B. shall be
clearly labeled on
the.
_drawing.
Each plat shall have
2 points described in
State Planes
Coordinates,
X
X
X
X
X
X
Arkansas, North,
North American
Datum, 1983 (NAD
83)
Curve data for any
street which fors a
X
X
X
project boundary.
(3) Floodplain / floodways / wetlands.
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Show 100-yr
floodplain and/or
floodway and based
flood elevations.
X
X
X
X
Reference the FIRM
panel number and
effective date.
Note regarding
wetlands, if
applicable. Not if
Anny Corps of
X
X
X
Engineers
determination is in
progress.
(4) Topographic information.
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Existing and
proposed
topographic
information with
source of the
information noted.
Show:
a. Two foot
contour
Intervals for
X
X
ground slope
between level
and ten
percent.
b. Five foot
contour interval
for ground
slope
exceeding ten
percent.
Spot elevations at
grade breaks along
existing road
centerlines, gutter
X
X
lines and top of
curbs or edge of
pavement.
Contours of adjacent
land within 100 feet
X
X
of the project shall
also be shown.
CD166:7
Fayetteville Code of Ordinances
(5) Tree protection /landscaping. (6) Utilities — existing.
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Delineate trees to be
retained on -site and the
measures to be
X
X
X
X
implemented for their
protection.
Clearly depict the limits
of soil disturbance to
Include all areas to be
X
X
X
X
graded both on and off -
site.
Show proposed location
X
X
X
X
of all utilities.
Landscape proposals for
parking lots and/or tree
replacement
requirements shall
include proposed plant
species and size.
ExIsting and proposed
utility lines shall be
shown on the plan. State
X
X
X
X
the method for
irrigating the plant
material on the plan.
When an ordinance
requires shrubs or
other screening material,
show the layout of
planting beds.
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Show on the drawing
all known on -site and
off -site existing
utilities and
easements
(dimensioned) and
X
X
X
X
X
provide the
structure's locations,
types, and condition
and note them as
'existing" on the plat.
_
Existing easements
shall show the name
of the easement
holder, purpose of
the easement, and
the book and page
number for the
X
X
X
X
X
.X
easement. If an
easement is blanket
or indeterminate in
nature, a note to this
effect shall be placed
on the plat or plan.
CD166:8
TITLE XV UNIFIED DEVELOPMENT CODE
(7) Utilities - proposed.
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Show all storm
Sewer structures,
sanitary sewer
structures and
drainage structures:
a. Provide
X
X
structure
locations and
types
b. Provide pipe
types and sizes
Sanitary sewer
systems:
a. Provide pipe
locations,
sizes, and
X
X
X
X
X
types
b. Manhole
locations of rim
and invert
elevations
Note the occurrence
of any previous
overflow problems
X
X
X
on -site or in the
proximity of the site.
If a septic system is
to be utilized,
provide a table of
X
X
X
acreage and
lation rates.r
systems, on or
the site:
Provide pipe
locations,
r
types, and
sizes
Note the static
pressureand
X
x
x
x
X
x
flow of the
nearest
hydrant if
requested.
c. Show location
of proposed
fire hydrants
and meters.
Underground or
surface utility
transmission lines:
(Note: This category
includes, but is not
limited to Telephone,
Electrical, Natural
X
x
x
Gas, and TV Cable)
a. Locations of all
related
structures
(pedestals,
poles,etc.)
b. Locations of all
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lines (note
whether the
line is below or
above ground)
C. A note shall be
placed where
streets will be
placed under
the existing
overhead
facilities and
the
approximate
change in
grade for the
proposed
street
State the width,
location, and
purpose of all
proposed easements
or rights of way for
utilities, drainage,
sewers, flood
X
X.
X
X
X
X
control,
ingresslegress or
other public
purposes within and
adjacent to the
project.
CD166:9
Fayetteville Code of Ordinances
(8) Streets /rightof-ways/easements. (9) Subdivision of land.
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The location, widths,
grades, and names
of all existing and
proposed streets
(avoid using first
names of people for
new streets), alleys,
paths, and other
rights -of- way,
whether public or
private, within and
adjacent to the
X
X
X
X
X
X
project; private
easements within
and adjacent to the
project; and the
radius of each
centerline curve.
Private streets shall
be clearly indicated
and named. Names
of streets should be
approved by the 911
Coordinator.
A layout of adjoining
property (within 300')
in sufficient detail to
show the effect of
proposed and
existing streets
(including those on
the master street
plan), adjoining lots,
and off -site
X
X
X
easements. This
information can be
obtained form the
Master Street Plan,
Aerial Photos, and
the City Plat Pages
located in the
Planning Office if
requested.
The location of all
existing and
proposed street
lights (At every
intersection, cul-de-
X
X
X
sac & every 300' and
associated
easements to serve
each light.)
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The lot layout, the
dimensions of each
lot, number of each
lot, total area in
square footage or
acreage to the
nearest one -
hundredth (1/100th)
acre of each lot, and
the approximate
X
X
X
finish grade where
pads are proposed
for building sites.
Lots shall be
numbered
consecutively for all
phases. The total
number of lots shall
be indicated on the
tat.
For phased
X
X
development, a plat
showing all phases is
required.
(10) Site specific information.
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Provide a note of
any known existing
erosion problems on.
X
site or within 300'
downstream of the
property.
The location of
known existing or
abandoned water
wells, sumps,
cesspools, springs,
X
X
X
X
X
X
water mpoundments,
and underground
structures within the
project.
The location of
known existing or
proposed ground
leases or access
agreements, if
X
X
X
X
X
X
known. (e.g. shared
parking lots, drives,
areas of land that will
be leased
The location of all
known_potentially
X
X
CD166:10
TITLE XV UNIFIED DEVELOPMENT CODE
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dangerous areas,
including areas
subject to flooding,
slope stability,
settlement,
excessive noise,
previously filled
areas and the means
of mitigating the
hazards (abatement
wall, si na e, etc.).
The boundaries,
acreage, and the use
of existing and
proposed public
areas in and .
,.
adjacent to the
X'
X
X
project. If land is to
be offered for
dedication for park
and recreation
purposes it shall be
desi nated.
For large scale
residential
development,
indicate the use and
X
list in a table the
number of units and
bedrooms.
For large scale non-
residential
development,
indicate the gross
x
floor area, and If for
multiple uses, the
floor area devoted to
each type of use.
The location and
size of existing and
X
X
X
X
X
proposed signs, if
any.
The location and
number of bike racks
x
provided and
required.
Location, size,
surfacing,
landscaping, and
arrangement of
parking and loading
areas. Indicate
pattern of traffic flow;
X
include a table
showing required,
provided, and
handicapped
accessible parking
,
spaces.
Location and width
of curb cuts and
x
driveways.
Dimension all
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Location of buffer
strips, fences or
screen walls, where
required (check
X
X
X
Unified Development
Code for specific
requirements).
Indicate location and
type of garbage
service. Dimension
X
X
turnaround area at
dumpster location.
A description of
commonly held
X
X
X
areas, if a licable.
Draft of covenants,
conditions, and
X
X
X
X
X
X
restrictions, if an .
A written description
of requested waivers
X
X
from any city
requirement.
Show required
building setbacks.
Provide a note on
the plat of the
current setback
requirements for the
subdivision. A
X
X
X
X
X
X
variance is
necessary from the
Board of Adjustment
for proposed
setbacks less than
those set forth in the
zoning district.
54) Preliminary
grading and
drainage plans and
X
X
reports as required in
the City Engineer's
Office.
CD166:11
Fayetteville Code of Ordinances
(11) Other requirements.
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Any other data or
reports as deemed
necessary for project
review by the Zoning
X
X
X
X
X
X
and Development
Administrator, City
Engineer or Planning
Commission.
Signature block to
certify approval of
X
streets, drainage and
utility easements
Signature block to
certify approval of
X
water and sewer
system.
Signature block to
certify approval of
X
building setback
dimensions.
Signature block
certifying approval
X
X
X
for recording.
Signature block
certifying approval of
X
Tree Preservation
and Protection.
Signature block
certifying approval of
X
X
park land dedication
or money in lieu.
Signature block
certifying approval of
X
utility easements.
Signature block
certifying ownership,
X
X
title and dedication.
Signature block
certifying survey and
X
X
accuracy.
(12) Easement plat.
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Prior to the Issuance
of a building permit
for a large scale
development, an
easement plat shall
be filed of record in
X
the office of the
circuit clerk
dedicating all
required easements
and ri htsof-wa .
(C) Signatures required. The final plat or concurrent
plat may be signed by any officer of the Planning
Commission.
(D) Number of plats. The Zoning and Development
Administrator may request additional copies of
plats if the amount required by this chapter is not
sufficient for distribution to the various committee
members.
(Code 1965, App. C., Art. II, §§ F —H; Ord. No. 2581, 12-4-
79; Code 1991, §§ 159.16-159.18; Ord. No. 4100, § 2 (Ex.
A), 6-16-98)
166.03 Required On -Site Improvements
Subdivisions in City Limits
Before the Planning Commission may grant final plat
approval for a subdivision inside the city limits, the
subdivider shall have installed, or shall have a
guarantee in lieu of installation, either at his expense
or in accordance with the existing policy of the city,
the following improvements:
(A) Monuments. Reinforced concrete monuments 4
inches x 4 inches x 30 inches at quarter section
comers and subdivision comers.
(B) Lot stakes. Metal stakes 'A inche x 30 inches at
all lot comers, points of tangency, points of
curvature and angles •in property lines or
easements.
(C) Streets. Street grading, base, and paving
according to existing city standards and
specifications as adopted by the City Council.
(D) Curbs and gutters. Curbs and gutters according
to existing city standards and specifications as
adopted by the City Council.
(E) Sidewalks.
Sidewalks
shall
be installed,
according to
existing
city
standards and
specifications as adopted
by the
City Council and
CD166:12
TITLE XV UNIFIED DEVELOPMENT CODE
shall be set four feet back from the curb where
practicable. The construction of all sidewalks
shall be inspected by the City Engineer or his
designee to ensure compliance with city
specifications. The developer shall guarantee
the sidewalk installation according to §158.01.
(F) Storm drainage system.
(1) The subdivider shall install storm drainage
facilities, including drains, sewers, catch
basins, and culverts necessary for the proper
drainage of all surface water.
(2) All drainage facilities shall be so designed to
serve the entire drainage area.
(3) All surface water drainage shall be
transported to existing storm sewers,
drainage facilities, or natural drainage
ditches approved by the City Engineer.
(4)
The City
Engineer
shall approve all drainage
features.
(G) Culverts and bridges. Culverts and bridges shall
be installed where needed in accordance with
existing State Highway Department standards
and specifications.
(H) Water supply.
(1) Accessible public water supply. When an
approved public water supply is reasonably
accessible, the subdivider shall install a
system of water mains and shall connect to
such supply so that each lot within the
subdivision shall be provided with a
connection to said public water supply. All
connections shall be approved by the City
Engineer. Individual service lines shall be
installed, and individual connections shall be
made prior to the paving of the street, if
possible.
(2) Nonaccessible public water supply. Where
an approved public water supply is not
reasonably accessible, any private water
supply system proposed by the subdivider
must be approved by the county sanitarian
and the City Engineer in order to assure that
the private water supply system will provide
an adequate supply of potable water to every
lot in the subdivision. Individual service lines
shall be installed and individual connections
shall be made prior to the paving of the
street, if possible.
(3) Fire hydrants. Fire hydrants for single-family
dwellings and duplexes shall be installed so
that the distance between two consecutive
fire hydrants does not exceed 800 feet, and
no lot is more than 400 feet from a fire
hydrant. Fire hydrants for apartment
complexes, commercial structures, and
industrial structures shall be installed so that
the distance between two consecutive fire
hydrants does not exceed 600 feet;
provided, the fire chief shall have the
authority to require additional fire hydrants
upon a determination that such additional fire
hydrants are necessary to provide adequate
fire protection. The fire chief shall develop
written criteria to be applied in determining
whether additional fire hydrants shall be
required.
(I) Sanitary sewer system.
(1) Public sanitary sewer accessible. Where a
public sanitary sewer is reasonably
accessible, the subdivider shall connect with
such sewer, and each lot within the
subdivision shall be provided with a
connection thereto. All connections shall be
subject to the approval of the City Engineer.
Individual service lines shall be installed, and
individual connections shall be made prior to
the paving of the street, if possible.
(2) Public sanitary sewer not accessible. Where
a public sanitary sewer is not reasonably
accessible, the subdivider, shall be required
to install a community sewage system, as
defined by Act 402 of the 1977 Arkansas
General Assembly, in compliance with state
health department's standards and
regulation; provided, if a community sewage
system is not reasonably available or
economically feasible, and the subdivision
has been platted so that each lot has a
minimum gross area of one and one-half
acres, an individual sewage disposal system
for each lot may be used; for lots having a
gross area of less than one and one-half
acres, an individual sewage disposal system
may be used for each individual lot when a
permit for a septic system is granted by the
Arkansas Department of Health. Individual
service lines and connections shall be
installed prior to the paving of the street, if
possible. The minimum gross area
requirement prescribed hereby for an
individual sewage disposal system shall not
apply to any subdivision for which an
approved plat has been filed of record prior
to July 5, 1977.
State law reference(s)—'Arkansas Sewage Disposal
Systems Act," A.C.A. §14-236-101 et seq.
(J) Streetlights shall be installed at each intersection
or cul-de-sac and along each side of the street or
cul-de-sac at intervals of no more than 300 feet.
CD166:13
Fayetteville Code of Ordinances
(K) Park land dedication,
dwelling unit, and .024 acre of land for
each mobile home dwelling unit
(1) Subdivision.
permitted under Zoning, Chapters 160-
165.
(a)
Dedication or fee -in lieu. When a
proposed subdivision does not provide
(g) Fee-in4l eu formulas. A contribution in
an area or areas for a public park based
lieu of land dedication shall be made
on the Fayetteville Parks and
according to the following formula:
Recreation Plan, the developer shall be
required to make a reasonable
$555 for each single-family unit,
dedication of land for public park
$393 for each multi -family unit, and
facilities, or to make a reasonable
$555 for each manufactured home
equivalent contribution in lieu of
unit
dedication of land, such contribution to
be used for the acquisition and
permitted under the City's zoning
development of park land that serves
regulations. The Parks Department shall
the subdivision or development,
review the contribution formula every
two (2) years and make
(b)
Parks and Recreation Advisory Board,
recommendations to the City Council
Prior to the submittal of a preliminary
following such review.
plat or large scale development plan,
the developer shall submit to the Parks
(h) Less than maximum density. If the
and Recreation Advisory Board a
developer legally restricts the number of
concept plat or plan.
dwelling units to be constructed to less
than the maximum density permitted by
(c)
Planning Commission. The developer
zoning, Chapters 160 through 165,
and the Parks and Recreation Advisory
required land dedication or cash
Board shall make a joint
contribution in lieu thereof shall be
recommendation to the Planning
based upon actual density.
Commission as to the land dedication or
contribution in lieu of dedication. In the
(i) Dedication in excess. If a developer
event that they are unable to agree, the
dedicates park land which exceeds the
developer and advisory board shall
requirement of this subsection, the
make separate recommendations to the
Planning Commission may grant the
Planning Commission who shall
developer a credit equivalent to said
determine the issue.
excess. Said credit shall be applied
toward the developer's obligation under
(d)
Decision. The Planning Commission
this subsection for -any subsequent
shall determine if the developer will
development located in the same park
dedicate land or contribute money in lieu
quadrant.
of dedication. No land dedication will be
accepted as a public park unless it is
(2) Timing of dedication and/or contribution. All
determined by the Planning
dedications of land must be made before
Commission, after consultation with the
final plat approval or large scale
Parks and Recreation Advisory Board,
development approval. A final plat shall not
that the physical characteristics of the
be released for recordation 'until the deed for
site, and its surroundings make the site
a land dedication is received. Deeded land
suitable for park purposes and the
is dedicated public park land and not subject
proposed dedication is consistent with
to any right of reversion or refund. A cash
the Fayetteville Parks and Recreation
contribution •in lieu of required land
Plan.
development shall be payable within 30 days
of final plat approval or large scale
(e)
Approval. The Planning Commission's
development approval. With the approval of
decision must be incorporated into the
the Planning Commission a developer may
developer's preliminary plat or large
pay such contribution in three equal
scale development plan prior to plat or
installments to be paid in full within one year
plan approval,
of final plat approval. If a developer makes a
cash contribution in lieu of land dedication,
(f)
Dedication ratios, Land shall be
the developer shall be entitled to a pro rata
dedicated at a ratio of .024 acre of land
refund, together with the accrued interest
for each single-family dwelling unit, .017
therefrom, in the event actual density is less
acre of land for each multi -family
than the density used as the basis for the
CD166:14
TITLE XV UNIFIED DEVELOPMENT CODE
developers contribution; provided, no refund
approval. The approval shall then be
shall be made unless application therefore is
included in all plats presented to the
made in writing to the Zoning and
Planning Commission. Any modification
Development Administrator within one year
by the Planning Commission of the
from the date of final plat approval. In the
subdivision or neighborhood park shall
event actual density is more than the density
be referred back to the Parks and
used as the basis for a dedication of land or
Recreation Advisory Board for its
case contribution the developer must make
approval.
an additional land dedication or contribution
in lieu of dedication.
(b)
Requirements. The Parks and
Recreation Advisory Board shall ensure
(3)
Applicability. The' requirements of this
that the neighborhood park meets these
subsection shall apply to lot splits, replats of
requirements.
subdivisions and large scale developments;
provided, said requirements shall not apply
(i) The physical characteristics of the
to a lot split or replat which does hot create
designated land are suitable for
one or more vacant lots on which a structure
• park purposes. '
could be erected under the city's zoning
regulations.
(ii) The proposed park areas and any
included recreational facilities are
(4)
Zoning Requirements. Lots created for the
sufficient to adequately serve the
purpose of park land dedication shall not be
residents of the development/
required to meet the standards for lot size,
neighborhood.
bulk and area within any zoning district.
(iii) Adequate sidewalks, trails, and/or
(5)
Fee -in -lieu allocation. All money received
bikeways shall provide access for
under this subsection shall be deposited in
all residents of the subdivision/
an interest bearing account. Said money
neighborhood to the park, but no
together with the interest, shall be expended
vehicle parking shall be required.
within three calendar years of the last date of
the calendar year in which it was received for
(c)
Fee -in -lieu. The developer does not
the acquisition and development of park land
have the discretion to pay a cash
that services the subdivision for which a
contribution in lieu of the dedication of
contribution in lieu of dedication has been
land for the establishment of this
made. If said money has not been expended
neighborhood or subdivision park.
within the three-year period, said money,
However, if the Parks and Recreational
together with the interest thereon, shall be
Advisory Board determines that a
refunded to the developer who made the
neighborhood park is not feasible or
contribution.
advisable, it may recommend to the City
Council that a cash contribution
(6)
Exemption. The requirements of this
pursuant to ordinance be accepted in
subsection shall not apply to any
lieu of land dedication. The City Council
development where the subdivision plat was
will, either accept the recommendation
filed of record after September 12, 1960, and
for a cash contribution or return the
before January 20, 1981.
subdivision plat to the Parks and
Recreation Advisory Board with
(7)
Major development
instructions or for further study.
(a) Process. In addition to the procedure
(d)
Coordination with adjacent properties.
provided herein and other requirements
When it appears to the Planning
found in the Code of Fayetteville, a
Commission that one or more adjoining
developer of a major development shall
subdivisions or large scale
include on his/her concept plan,
developments are being developed,
preliminary plat and final plat a
planned, or in the near future will
proposed neighborhood or subdivision
probably be developed so that the total
park in which the required dedication of
area or housing units meet the
land for public park facilities pursuant to
- requirements of a major development,
(K)(1) through (5) above has been
the Planning Commission may notify the
incorporated. The plat with the,
owners/developers that their subdivision
neighborhood or subdivision park shall
or developments shall be considered a
be submitted to the Parks and
major development and require
Recreation Advisory Board for its
coordination among the owners/
CD166:15
Fayetteville Code of Ordinances
developers to develop a neighborhood
existing city standards and specifications as
park pursuant to this section.
adopted by the City Council. The
construction of all sidewalks shall be
(Code 1965, App. C., Art. 111, §A(1); Ord. No. 2695, 1-20-81;
inspected by the City Engineer or his
Ord. No. 3080. 4-2-85: Ord. No. 3201, 8-5-86: Ord. No.
designee to ensure compliance with city
3315, 11-17-87; Code 1991, §§159.05, 159.30k.; Ord. No.
SpeCifCati0nS. The developer shall
3578, 11-19-91; Ord. No. 3615, §1, 6-2-92; Ord. No. 3738,
§1, 11-16-93; Ord. No. 3793, §1, 5-17-94; Ord. No. 3797, §1,
guarantee the Sidewalk installation according
5-17-94; Ord. No. 4066, §1, 11-4-97; Ord. No. 4100, §2 (Ex.
to §158.01.
A), 6-16-98; Ord. No. 4199, 11-2-99; Ord. No.4454, 01-07-
03; Ord. No. 4545, 02-17-04; Ord. 4725, 7-19-05)
(6)
Streetlights. Standard 8,000 lumen
streetlights shall be installed at each
Cross reference(s)—variance, Ch. 156; Appeals, Ch.
intersection or cul-de-sac and along one side
155; Bonds and Guarantees, Ch. 158.
of each street or cul-de-sac within one mile
166.04 Required On -Site Improvements -
of the City Limits at intervals of no more than
300 feet; provided, streetlights of higher
Subdivisions In Planning Area
intensity may be required at intersections
with collector streets or arterial streets.
(A) Requirements. Before the Planning Commission
may grant final plat approval for a subdivision
(7)
Grading and storm drainage system.
located within the city's designated planning
area, the subdivider shall have installed, or shall
(a) The subdivider shall install storm
have made a guarantee of in lieu of installation,
drainage facilities, including drains,
as provided by Chapter 158, either at his
sewers, catch basins, and culverts
expense or in accordance with the existing policy
necessary for the proper drainage of all
of the city, the following improvements:
surface water.
(1) Monuments. Reinforced concrete
(b) All drainage facilities shall be so
monuments 4 inches x 4 inches x 30 inches
designed to serve the entire drainage
at quarter section comers and subdivision
area.
comers.
(c) All surface water drainage shall be
(2) Lot stakes. Metal stakes 1/2 inch x 30
transported to existing storm sewers,
inches at all lot comers, points of tangency,
drainage facilities, or natural drainage
points of curvature and angles in property
ditches approved by the City Engineer.
lines or easements.
(d) The City Engineer shall approve all
(3) Streets.
drainage features.
(a) Within One Mile of City Limits. Street
(8)
Culverts and bridges. Culverts and bridges
grading, base, and paving according to
shall be installed where needed in
existing city standards and
accordance with existing Arkansas State
specifications as adopted by the City
Highway Department standards and
Council.
specifications.
(b) Beyond One Mile of City Limits. Streets
(9) Water supply.
shall meet Washington County
Standards.
(a) Accessible public water supply. When
an approved public water supply is
(4) Curbs and gutters,
reasonably accessible, the subdivider
shall install a system of water mains and
(a) Within One Mile of City Limits. Curbs and
shall connect to such supply so that
gutters according to existing city
each lot within the subdivision shall be
standards and specifications as adopted
provided with a connection to said public
by the City Council.
water supply. All connections shall be
approved by the City Engineer.
(b) Beyond One Mile of City Limits. Curbs
Individual service lines shall be installed,
and gutters shall meet Washington
and individual connections shall be
County Standards,
made prior to the paving of the street, if
possible.
(5) Sidewalks. Sidewalks shall be installed,
within one mile of City Limits, according to
(b) Nonaccessible public water supply.
Where an approved public water supply
CD166:16
TITLE XV UNIFIED DEVELOPMENT CODE
is not reasonably accessible, any private minimum gross area requirement
water supply system proposed by the prescribed hereby for an individual
subdivider must be approved by the sewage disposal system shall not apply
county sanitarian and the City Engineer to any subdivision' for which an
in order to assure that the private water approved plat has been filed on record
supply system will provide an adequate prior to July 5, 1977.
supply of potable water to every lot in
the subdivision. Individual service lines (Code 1965, App. C., Art. III, § A(2), (3); Ord. No. 1979, 2 -5 -
shall be installed, and individual 74; Ord. No. 2353. 7-5-77; Ord. No. 2755, 9-1-81; Code
connections shall be made prior to the 1991, §§ 159.31, 159.32; Ord. No. 4100, § 2 (Ex. A), 6 -16 -
paving of the street, if possible. 98; Ord. No. 4263, 8-1-00; Ord. 4660,12-21-04)
Cross reference(s)-Bonds and Guarantees, Ch. 158.
(10) Sanitary sewer system.
(a) Public sanitary sewer accessible. 166.05 Large Scale Development (LSD)
Where a public sanitary sewer is (A) Requirement. The development of the following
reasonably accessible, the subdivider must be processed in accordance with the
shall connect with such sewer, and each requirements for a large scale development:
lot within the subdivision shall be
provided with a connection thereto. All (1) a lot or parcel larger than one acre
connections shall be subject to the
approval of the City Engineer. Individual (2) a lot or parcel in the Design Overlay District;
service lines shall be installed, and
individual connections shall be made (3) a Planned Zoning District; or
prior to the paving of the street if•
possible. (4) facilities emitting odors or handling
(b) Public sanitary sewer not accessible. explosives.
Where a public sanitary sewer is not (B) Review and approval. All large scale
reasonably accessible, the subdivider developments, not hereinafter excluded, must be
shall be required to install a community reviewed by the Plat Review Committee and the
sewage system, as defined by Act 402 - Subdivision Committee and must be approved by
' of the 1977 Arkansas , General the Planning Commission, after having afforded
Assembly, in compliance with State the opportunity for public comment, before a
Health Department standards and building permit may be issued. Approval by the
regulations; provided, if a community City Council shall not be required unless, an
sewage system is not reasonably appeal is taken and heard, except Planned
available or economically feasible, and Zoning Districts.
the subdivision has been platted so that
each lot has a minimum gross area of
one and one-half acres, an individual (C) Building permit. Before a building permit , for a
sewage disposal system for each lot large scale development may be issued, the
developer shall:
may be used; for lots having a gross
area of less than one and one-half (1) Development plan. Submit a development
acres, an individual sewage disposal plan to the Zoning and Development
system may be used for each individual Administrator for review by the Plat Review
lot when a permit for a septic system is Committee. The development plan shall
granted by the Arkansas Department of consist of a black line site location map
Health. A copy of the Arkansas drawn to scale and not to exceed 14 inches
Department of Health permit granted for by 18 inches, and an accurate black line
each lot shall be provided at the time the vicinity map not to exceed 14 inches by 18
application is submitted for subdivision inches. The vicinity map need not be drawn
or lot split approval for all lots less than to scale.
one and one-half acres. Existing septic
systems, sewage disposal fields (leach (2) Site location map. The site location map
fields), alternate disposal fields required shall depict the following:
by state law and water wells on -site or
off -site within 100 feet shall be shown (a) The size and shape of the property on
on all proposed subdivisions and lot which the development is to be located.
splits. Individual service lines and
connections shall be installed prior to (b) The location, size and arrangement of
the paving of the street, if possible. The existing buildings, signs, Outdoor
CD166:17
Fayetteville Code of Ordinances
advertising, and other improvements,
(a)
Comply vith those requirements of
water courses, ponds and streams, and
166.01 through 166.04 of the
any other distinctive or unusual features
development regulations pertaining to
that will remain after the development is
streets, surface drainage system, water
completed.
system, sanitary sewer systems; and, if
the development is housing, said
(c) The location, size and arrangement of
requirements pertaining to public parks:
proposed buildings or additions, parking
and install a sidewalk adjacent to all
and loading areas, and the type of
abutting streets or highways in
surfacing proposed for such areas,
accordance with city specifications for
streets, driveways, curb cuts,
sidewalk construction.
community facilities, pedestrian ways,
and open spaces.
(b)
The developer may be required to install
off -site improvements, where the need
(3)
Legal description. A correct legal description
for such improvements is created in
of the property located within the large scale
whole or in part by the proposed large
development, and a correct legal description,
scale development or preliminary plat.
certified by an abstractor or surveyor, of
For purposes of this section, an off -site
street right-of-way dedications and vacations
improvements shall mean all or any part
and utility and drainage easements.
of, a street, surface drainage system,
water system, or sanitary sewer system,
(4)
Vicinity map. The vicinity map shall depict
which is to be installed on property
the following:
located outside the proposed large scale
development or preliminary plat.
(a) The location and name of any street
which abuts or intersects the large scale
(c)
Any required off -side improvements shall
development; and,
be installed according to city standards.
The developer shall be required to bear
(b) The location and name of any other
that portion of the cost of off -site
street, building or landmark necessary
improvements which bears a rational
to clearly indicate the location of the
nexus to the needs created by the large
large scale development,
scale development or preliminary plat.
(5)
Preliminary street and drainage plans.
(d)
The Subdivision Committee or Planning
(Required only where the developer
Commission may refuse to approve a
proposes new streets or an alteration in the
large scale development or preliminary
existing street plan.) Submit to the Zoning
plat for any of the following reasons:
and Development Administrator for review by
the Plat Review Committee preliminary
(1) The preliminary plat or development
street and drainage plans, showing
plan is not submitted in accordance
alignment of streets and direction of flow of
with the requirements of this
storm and sanitary sewers in relation to
chapter.
topography. Where an official street and
drainage plan exists, it shall be submitted for
(ii) The proposed development would
purposes of comparison,
violate a city ordinance, a state
statute, or a federal statute.
(6)
Dedication of right-of-way. Dedicate
sufficient right-of-way to bring those streets
(iii) The developer refuses to dedicate
which the Master Street Plan shows to abut
the street right-of-way, utility
or intersect the large scale development or
easements or drainage easements
preliminary plat into conformance with the
required by this chapter.
right-of-way requirements of the Master
Street Plan for said streets; provided, the
(iv) The proposed development would
Planning Commission may recommend a
create or compound a dangerous
lesser dedication in the event of undue
traffic condition. For the purpose of
hardship or practical difficulties. Such lesser
this section, a dangerous traffic
dedication shall be subject to approval by the
condition shall be construed to
City Council.
mean a traffic condition in which the
risk of accidents involving motor
(7)
Miscellaneous requirements for both large
vehicles is significant due to factors
scale developments and preliminary plats.
such as, but not limited to, high
CD166:18
TITLE XV UNIFIED DEVELOPMENT CODE
traffic volume, topography, or the
compares the approved submission with the
nature of the traffic pattern.
desired changes. After submission, the
Subdivision Committee shall approve or
(v) City water and sewer is not readily
disapprove the requested modifications at its
available to the property within the
next meeting.
large scale development or
preliminary plat and the developer
(G) Excluded developments. The following large
has made no provision for
scale developments shall be excluded from the
extending such service to the
requirements of this section.
development.
(1) Single-family. A single-family residence, an
(vi) The developer refused to comply-
addition to a single-family residence, or an
with subsection (7) (b) and (c)
accessory structure for a single-family
pertaining to required on -site and
residence;
off -site improvements. -
(2) Additions. An addition to an existing
(D) Certificate of occupancy. No certificate of
structure if the addition will not:
occupancy shall be issued until the
improvements required by subsection (7)(a), (b),
- (a) Exceed 10,000 square feet or
and (c) are installed to city specifications.
(b) Require more than 25 additional parking
(E) Completion of development/as building plot plan.
spaces under the provisions of Chapter
Upon completion of the development, the
172, Parking and Loading; or
developer shall file with the Zoning and
Development Administrator an uas built" plot plan
(c) Require a change in existing ingress or
for the large scale development showing:
egress.
(1) The location of all buildings and the setback
(3) Additional structure. An additional structure
distance for said buildings from street right-
when erected as part of an existing
of -way and adjoining property lines;
development, subject to the limitations of
(G)(2) above.
(2) The location of any freestanding signs and
the setback distance of said signs from
(4) Prefabricated accessory buildings. A
street right-of-way and adjoining property
prefabricated, movable accessory building.
lines;
(H) Building and moving permits. If a large scale
(3) The location, number, dimensions, and
development (LSD) which is excluded from the
surfacing of all parking spaces and of all
requirements of this section meets the
screens or fences; and
requirements of a building and moving permit
immediately upon determination that the
(4) The location and size of all water, sewer,
development will not conflict with the city's
gas, electric, telephone, and television cable
Master Street Plan, provided, if the city water and
lines,
sewer service is not available to the
development, no building or moving permit shall
(F) Modifications,
be issued until water supply and waste disposal
•
system proposed for the development has been
(1) Minor modifications. The Zoning and
approved by the City Engineer.
Development Administrator may authorize
minor modifications in an approved large
(Code 1965, App. A., Art. 8(11), App. C., Art. IV; Ord. No.
• scale development. Minor modifications shall
1747, 6-29-70; 1750, 7-6-70; Ord. No. 1999, 5-7-74; Code
include, but not be limited to, substitutions of
1991, §§ 159.54, 160.120; Ord. No. 3925, § 6, 10-3-95; Ord.
one approved structural type for another or
No. 4100, § 2 (Ex. A), 6-16-98; Ord. 4753, 9-6-05)
minor variations in placement of buildings in
Cross reference(s)-Boards and Committees, Ch 33;
such a way that the overall limits of approved
Appeals, Ch. 155; Fees, Ch. 159; Notification and Public
floor area, open space or rooms per acre are
Hearings, Ch. 157.
not increased.
(2) Major modifications. In the event that a
developer wishes to make major
modifications to an approved development,
such modifications shall be submitted to the
Subdivisions Committee in a form which
CD166:19
166.06 Planned Zoning District (PZD)
recommendations to the City Council on the
proposed request.
(A) Applicability. To be considered for a planned
zoning district, the applicant shall meet all of the
(3)
Zoning, Land Use and Development
following criteria:
Approval. PZD Master Development Plans
that are processed with a preliminary plat or
(1) Location. Eligible properties include those
large scale development shall follow the
located within the city limits,
procedures for large scale development and
preliminary plat approval through the
(2) Ownership. Eligible applicants for
Planning Commission when processed
preliminary plan review shall be a landowner
concurrently as set forth in Chapter 166 of
of record or an authorized agent. The
the UDC.
approved PZD master development plan
shall be binding on all subsequent owners of
(4)
City Council. If the PZD master
the land until revised or modified.
development plan is approved by the
Planning Commission, it shall be forwarded
(3) Size. There shall be no minimum or
to the City Council for review. The City
maximum tract size for a PZD application.
Council may grant or deny as submitted, or
as they may so amend, defer for requested
(B) Application, The initial application for a PZD shall
changes or more information, or return the
include the following items:
application to the !Planning Commission for
further study. The applicant shall not modify
(1) Application. Complete application form to
to a design other than that reviewed and
request a PZD.
approved by the Planning Commission prior
to City Council review. The City Council may
(2) Copies. Copies of a PZD master
direct the Planning •Commission to
development plan in accordance with the
reconsider specific aspects of the plan. If the
submission requirements on the project
master development plan is approved, an
application form,
ordinance shall be prepared which
incorporates the plan, statement of
(3) Fee. Applicant shall pay all required filing
commitments, development and architectural
fees for a planned zoning district as set forth
standards, and conditions.
in Chapter 159 Fees of the UDC. If a
subdivision or large scale development is
(5)
Development and Subdivision Approval.
proposed, a fee for that application shall also
Preliminary Plat and/or Large Scale
be paid.
development approval is required for all PZD
Master Development Plans.
(6) Appeals. Appeals from the action of the
Pre -application meeting. Before submitting
Planning Commission shall be in accordance
an application the landowner or authorized
with Chapter 155 Appeals of the UDC.
agent shall confer with the Planning Division
in order to become familiar with the PZD
(7) Repeals. The owner of an approved
process. The staff shall inform the applicant
planned zoning district may, for cause,
of any perceived problems that may arise. A
request repeal of the ordinance establishing
further purpose of the pre -application
the development when it has been
meeting is to make sure the applicant has, or
determined that the development will not
will be able to, submit the necessary
occur. A written request may be filed with the
information for filing the application. The
city clerk at any time up to three (3) years
intent of this conference is to provide
after the date of adoption of the ordinance
guidance to the applicant prior to incurring
creating the planned zoning district. The
substantial expense in the preparation of
request shall be addressed to the Mayor and
plans, surveys and other data required in a
City Council, setting forth the cause for
PZD master development plan.
repeal.
Zoning and Land Use Approval Only. For
The request shall be set for a public hearing
PZD Master Development Plans that are
at the earliest possible time to expedite the
processed without a request for development
required action. The owner of the subject
approval, the Planning Commission shall
planned zoning district zoned land shall
hold a public hearing and make
provide notice of hearing to adjacent
property owners. Notice to others as
TITLE XV UNIFIED DEVELOPMENT CODE
required by law shall be provided by city staff
and signs shall be posted.
(D) General Requirements.
(1) Application of a Planned Zoning District is
permitted only in accordance with a master
development plan prepared and approved in
accordance with the provisions herein. Large
Scale Development and/or Preliminary Plat
approval may be concurrently processed
through the PZD process.
(2) Planned Zoning Districts may be controlled
by one or more owners and shall be
developed under unified control or by a
unified master development plan. The
owners, successors, heirs, or assigns shall
be bound by the approved master
development ' plan, including any
modifications or amendments thereto as
approved by the Zoning and Development
Administrator or City Council.
(3) Master development plans may include more
restrictive regulations than that which is
included in other sections of the UDC, but
standards shall not be established that fall
below these minimum standards.
(E) Approval or Rejection Criteria for Planned Zoning
Districts
The following criteria shall be considered by the
Planning Commission and City Council in the
review of a planned zoning district application
based on the proposed master development
plan:
(1) Whether the application is in compliance with
the requirements of the UDC and the
General Plan 2020;
(2) Whether the application is in compliance with
all applicable statutory provisions;
(3) Whether the general impact of the rezoning
would adversely impact the provision of
public facilities and services;
(4) Whether the proposed rezoning is
compatible with the surrounding land uses;
(5) Whether the subject land is suitable for the
intended use and is compatible with the
natural environment;
(6) Whether the intended land use would create
traffic congestion or burden the existing road
network;
(7) Whether the planned development provides
for unified development control under a
unified plan.
(8) Whether any other recognized zoning
consideration would be violated in this PZD.
(F) Master Development Plan Summary and
Required Information
Master Development Plan (MDP) is a useful tool
for both developers and planners to reach
consensus and agreement about the way an area
is developed, where a variety of uses and
impacts may be proposed on one property. They
differ from engineered site plans in that they
address the bigger picture, rather than the
minutia of a detailed engineered site plan. A
MDP should depict the larger planning issues
such as basic densities, open space, access,
internal circulation, availability and location of
existing water and sewer, existing topography,
drainage, and the general location of uses, while
giving the developer some leeway to address
grading, utility construction, street construction,
building placement, driveways, and number and
location of parking spaces further along at the
development review or building permit stage.
The following information shall be submitted by
the applicant in written narrative form:
(1) The name and address of:
(a) landowner/applicant
(b) representative, if applicable
(2) General project concept:
(a) Street and Lot Layout
(b) Site Plan Showing Proposed
Improvements
(c) Buffer Areas
(d) Tree Preservation Areas
(e) Storm Water Detention Areas
and Drainage
(f) Undisturbed Natural Areas
(g) Existing and Proposed Utility
Connections and Extensions
(h) Development and Architectural
Design Standards
(i) Building Elevations
(3) Proposed development phasing and time
frame
(4) Proposed Planning Areas, described and
depicted (Planning Areas (PA) are those
areas within an MDP designated with
specific zoning and development standards,
as required herein. Any number of PA's may
be allowed within an MDP, subject to
approval by the City Council.)
CD166:21
Fayetteville Code of Ordinances
Adoption
(5)
Relationship
to the existing
and adjacent
land uses
(6) Impacts on City services
(7) A traffic study when required by the
Planning/Engineering Divisions.
(8) An analysis of the site characteristics related
to the proposal, including any
environmentally hazardous, sensitive or
natural resource areas. Describe any natural
or manmade hazards.
(9) Compliance with the Fayetteville General
Plan 2020
(10) A description of the recreational facilities,
including existing and proposed park
sites, open space and accessibility to parks
and open space areas.
(11 )Proposed Zoning and Development
Standards
(12)A chart comparing the proposed master
development plan to the current zoning
district requirements.
(13) Any other required information as applicable
when other applications are processed in
conjunction with the PZD master
development plan application y (i.e.
preliminary plat, large scale development).
(G) Master Development Plan Level of Detail
(1) Sheet 1
(a) The name of the proposed master
development plan shall be centered at
the top of the sheet along the long
dimension of the sheet.
(b) The following wording shall be placed
verbatim on the sheet:
GENERAL PROVISIONS
Authority
This PZD master development plan is
authorized by Sections 161 and 166 -
Planned Zoning Districts of the City of
Fayetteville Unified Development Code. The
provisions of this PZD master development
plan shall run with the land. The landowners,
their successors, heirs, or assigns shall be
bound by this master development plan, as
amended and approved by the City Council,
The adoption of this PZD master
development plan shall evidence the.findings
and decision of the Fayetteville City Council
that this Planned Zoning District for (name of
development) is in general conformity with
the Fayetteville General Plan 2020; is
authorized by the provisions of Sections 161
and 166 of the City of Fayetteville Unified
Development Code.
The provisions of this PZD master
development plan shall prevail and govern
the development of (name of development),
provided, however, that where the provisions
of this Master development plan do not
address a particular subject, the relevant
provisions of the City of Fayetteville Unified
Development Code, as amended, .or any
other applicable resolutions or regulations of
the City of Fayetteville, shall be applicable.
Enforcement
To further the mutual interest of the
residents, occupants, and owners of the PZD
Master development plan and of the public in
the preservation of the integrity of the Plan,
the provisions of this Plan relating to the use
of land, statement of commitments,
development and architectural standards,
and the location of common open space
shall run in favor of the City of Fayetteville
and shall be enforceable at law or in equity
by the City without limitation on any power or
regulation otherwise granted by law.
Conflict
Where there is more than one provision
within the PZD Master Development Plan
that covers the same subject matter, the
provision which is most restrictive or
imposes higher standards or requirements
shall govern unless determined otherwise by
the Zoning and Development Administrator.
Maximum Level of Development
The total number of dwellings or the total
commercial, business, or industrial intensity
approved for development within the
Planning Areas is the maximum
development requested for platting or
construction. The actual number of dwellings
or level of development for commercial,
business, or industrial properties :may be
less due to subdivision or site improvement
plan requirements or other requirements of
the City Council.
CD166:22
TITLE XV UNIFIED DEVELOPMENT CODE
Project Tracking
the. Zoning and Development
Administrator or staff planner Date of
At the time of subdivision final plat or large
Preparation
scale development the applicant shall
provide a summary of the development, to
(b)
Vicinity map that depict the relationship
date, to the Planning Division, in order. to
to the surrounding area within a 1 mile
assure maximum development limits are not
radius.
exceeded.
The vicinity map shall be superimposed
(2) Sheet 2 Zoning and Development
on a current City of Fayetteville Plat
Standards by Planning Area
Page, on a current City of Fayetteville
•
Zoning Map, and on a current City of
(a) The name of the proposed PZD master
Fayetteville Master Street Plan
development plan shall be centered at 1
maintaining the same scale.
the top of the sheet along the long
dimension of the sheet. The proposed
(c)
Dimensions, bearings, and control
zoning and development standards shall
points along all exterior property lines.
be formatted to follow the established
'
UDC zoning format. Beginning in the
(d)
Topography shall be shown at maximum
upper left hand column of the sheet,
10' contour intervals, including high and
state the following. for each Planning
low spot elevations and shadow areas
Area category, e.g., single family:
of 15% or greater slope.The staff
planner may request that other
(1) Permitted uses by Use Unit
significant topographic conditions be
(2) Conditional uses by Use Unit
depicted at greater or lesser intervals
(3) Land Use Density and/or Intensity
where appropriate.
(4) Bulk and area regulations
(5) Lot width minimum
(e)
Access
(6) Lot area minimum
(1) Arterials and collectors shall. be
(7) Land area per dwelling
depicted in all planning areas.
(8) Setback requirements
(2) Trails as coordinated with the Parks
(9) Height , - '
Division
(10) Building area
(11) Landscaping
(f)
Existing easements/right-of-way
(12) Parking
(13)Site Planning
(g)
100 year floodplains, floodway, and
(14) Architectural Design Standards
stream/creek centerline
(15) Other standards or
requirements provided in
(h)
Proposed Land/ROW/Easement
the UDC shall apply to this
Dedication
PZD Master Development
Plan
(i)
Public or private, regional and
(16) Complete legal
community parks, open space and trails
description. The staff
shall be depicted and referenced by
planner may allow this to
number, letter or symbol. Local park
be provided on a separate
dedication shall be determined at the
sheet, if lengthy.
time of platting/development.
(3) Sheet 3 Master Development Plan.
(j)
Planning Areas — Areas Identified for a
(The name of the proposed PZD master
Specified Permitted and/or Conditional
development plan shall be centered at the
Uses
top of the sheet along the long dimension of
the sheet. This sheet shall graphically depict
All planning areas and open
the site and include the following: I
space areas shall be shown
overlaid on topography at a
(a) A block in the lower right hand comer, or
scale that clearly delineates the
along the right hand margin, which
planning area boundaries so
includes the following:
that they can be located on the
site.
North Arrow
Graphic.and written scale at 1" = 100' or
For each planning area shown on the
1" = 200' or as otherwise approved by
development plan or within a separate
CD166:23
Fayetteville Code of Ordinances
table, indicate the following, as
applicable:
(i) Acreage
(ii) Number of dwelling units
(iii) Land use designation
(iv) Residential density
(v) Nonresidential square footage
NOTE: The number of dwellings indicated in
the Planning Areas is the maximum number
of dwellings requested, the total of which
cannot exceed the total number approved for
the proposed PZD. The density range for
each Planning Area, when calculated to the
maximum proposed, shall not exceed the
total number of dwellings for the entire PZD.
The actual number of dwellings approved by
the Council may be less than shown on the
plan due to subdivision or site improvement
plan requirements or other requirements of
the Council and Planning Commission,
(4) Land Use Table
A separate land use table, which indicates
the total land use for the planned
development, shall be prepared as follows
utilizing the following categories and
symbols: Partial Example:
SYMBOL
LAND USEift
UNITS
ACRES
%
SF
Single
120
40.0
26%
Family
ME
Multifamily
765
35.0
23%
DP
Dedicated
42.5
28%
Parks
Subtotal
885
117.5
77%
C
Commercial
25.0
17%
Industrial
9.0
6%
Office
MixedUse
34%
(H) Statement of Commitments.
The statement of commitments shall be provided
in the following format
"STATEMENT OF COMMITMENTS"
The statement of commitments shall, in all cases,
describe the development commitments including
a method for assigning responsibility to heirs,
successors, or assigns, and timing of the
fulfillment of these commitments for the following:
(1) Dedication: Proposed public dedication for
parks, streets, drainage, sewer, water, etc.,
either in specific acreage dedication
(referenced by symbol) or specific cash in
lieu of land or facilities. Describe the
proposed ownership, utility provision,
improvement schedule, and maintenance
provision. In all cases, dedicated land shall
be conveyed to the City of Fayetteville.
(2) On or off site improvements: Provision shall
be made for the construction of, or payment
of fees for, community or off site
improvements through current UDC
requirements for guarantee of improvements
at the time of development.
(3) Natural Resources and Environmental
Sensitive Areas Such as Trees, Wetlands,
Floodplain
(4) Project phasing restrictions
(5) Fire protection
(6) Other commitments imposed by the City
(7) Parks/Trails/Open Space Commitments
(8) Proposed Preliminary Building Elevations
(Residential and Commercial)
CD166:24
TITLE XV UNIFIED DEVELOPMENT CODE
(I) Amendments to the PZD Master Development
Plan. ^
The Zoning and Development Administrator shall
determine whether an amendment request shall
be considered a minor modification or a PZD City
Council rezoning based on the criteria
established herein. The applicant may appeal the
Zoning and Development Administrator's
decision to deny an administrative modification
within 10 working days of said decision to the
City Council, in writing.
(1) Minor Modification - Criteria
An amendment request may be considered
as an administrative minor modification if it
meets the following criteria: ' ' -
(a) Building Setbacks —An increase or
decrease of the required building
setback when such modification is no
more than a 20% change to the
originally approved setback.
(b) Minimum Lot Size —An increase or
decrease of the minimum lot size when
such modification is no more than a
20% change to the originally approved
minimum lot size.
and Development Administrator, to add
clarity, when such changes do not
change the commitments.
(h) Street Alignment -The Zoning and
Development Administrator upon review
by the City Engineer shall determine
whether an insignificant shift in the
alignment of a street shall be considered
as a minor modification.
(2) City Council Approval. Rezoning through the
PZD process is required to modify any
aspect of the PZD which is not allowed
under the Minor Modification process. A
planning area within a Master Development
Plan may be amended separately from the
remainder of the approved master
development plan with City Council approval.
(J) Phasing. Phasing of a PZD master development
plan may vary from the requirements of Chapter
166 of the UDC with regard to the expiration of
permits and plans only when phasing has been
identified, described, and approved as part of the
PZD master development plan process.
(K) Development standards, conditions and review
guidelines
(c)
Building Height -An increase or
(1) Generally. The Planning Commission shall
decrease of the building height when
consider a proposed PZD in light of the
such modification is no more than a
purpose and intent as set forth in Chapter
20% change to the originally approved
161 Zoning Regulations, . and the
maximum building height.
development standards and review
(d)
Increased Number of Dwelling Units -An
guidelines set forth herein. Primary
increase of the number of dwelling units
emphasis shall be placed upon achieving
in a planning area of 20% or less. Such
compatibility between the proposed
• increase shall be accompanied by a
development and surrounding areas so as to
,corresponding decrease in dwelling
preserve and • enhance the neighborhood.
units in another planning area located
Proper planning shall involve a consideration
within the same approved PZD Master
of tree preservation, water conservation,
•
Development Plan.
preservation of natural site amenities, and
the protection of watercourses from erosion
(a)
Decreased Number of Dwelling Units -A
and siltation. The Planning Commission
decrease of the number of dwelling units
shall determine that specific development
in a planning area up to 20%. Such
features, including project density, building
decrease shall result in a net loss of
locations, common usable open space, the
dwelling units unless these units are
vehicular circulation system, parking areas,
concurrently approved as an increase of
screening and landscaping, and perimeter
units in another planning area.
treatment shall be combined in such a way
as to further the health, safety, amenity and
(f)
Commercial/Non-residential
welfare of the community. To these ends, all
Development Intensity An increase or
applications filed pursuant to this ordinance
decrease of the square footage of
shall be reviewed in accordance, with the
development intensity when such
same general review guidelines as those
modification is no more than a 20%
utilized for zoning and subdivision
change to the originally approved
applications.
development intensity.
(2) Screening and landscaping. In order to
(g)
Text Changes -Insubstantial changes to
enhance the integrity and attractiveness of
the text, as determined by the Zoning
the development, and when deemed
CD166:25
Fayetteville Code of Ordinances
necessary to protect adjacent properties, the
Planning Commission shall require
landscaping and screening as part of a PZD.
The screening and landscaping shall be
provided as set forth in §166.09 Buffer Strips
and Screening. As part of the development
plan, a detailed screening and landscaping
plan shall be submitted to the Planning
Commission. Landscape plans shall show
the general location, type and quality (size
and age) of plant material. Screening plans
shall include typical details of fences, berms
and plant material to be used.
(5) Perimeter treatment. Notwithstanding any
other provisions of a planned zoning district,
all uses of land or structures shall meet the
open space, buffer or green strip provisions
of this chapter of this code.
(6) Sidewalks. As required by §166.03.
(7) Street Lights. As required by §166.03.
(8) Water. As required by §166.03.
(9) Sewer, As required by §166.03.
(3) Traffic circulation. The following traffic
(10) Streets and Drainage. Streets within a PZD
circulation guidelines shall apply:
may be either public or private.
(a) The adequacy of both the internal and
(a) Public Streets. Public streets shall be
external street systems shall be
constructed according to the adopted
reviewed in light of the projected future
standards of the City unless otherwise
traffic volumes.
approved by the City Council as part
PZD master development plan.
(b) The traffic circulation system shall be
comprised of a hierarchal scheme of
(b) Private Streets. Private streets within a
local collector and arterial streets, each
residential PZD shall be permitted
designed to accommodate its proper
subject to the following conditions:
function and in appropriate relationship
with one another.
(i) Private streets shall be permitted
for only a loop street, or street
(c) Design of the internal street circulation
ending with a cul-de-sac. Any street
system must be sensitive to such
connecting one or more public
considerations as safety, convenience,
streets shall be constructed to
separation of vehicular and pedestrian
existing City standards and shall be
traffic, general attractiveness, access to
dedicated as a public street.
dwelling units and the proper
relationship of different land uses.
(ii) Private streets shall be designed
and constructed to the same
(d) Internal collector streets shall be
standards as public streets with the
coordinated with the existing external
exceptions of width and cul-de-sacs
street system, providing for the efficient
as noted below.
flow of traffic into and out of the planned
zoning development.
(iii) All grading and drainage within a
Planned Zoning District including
(e) Internal local streets shall be designed
site drainage and drainage for
to discourage through traffic within the
private streets shall comply with the
planned zoning development and to
City's Grading (Physical Alteration
adjacent areas.
of Land) and Drainage (Storm water
management) Ordinances. Open
(f) Design provisions for ingress and
drainage systems may be approved
egress for any site along with service
by the City Engineer.
drives and interior circulation shall be
that required by Chapter 166
(iv) Maximum density served by a cul-
Development of this code.
de -sac shall be 40'units. Maximum
density served by a loop street shall
(4) Parking standards. The off-street parking
be 80 units.
and loading standards found in Chapter 172
Parking and Loading shall be used as
(v) The plat of the planned
general guidelines to establish parking and
development shall designate each
loading standards for the PZD master
private street as a "private street."
development plan.
(vi) Maintenance of private streets shall
be the responsibility of the
CD166:26
TITLE XV UNIFIED DEVELOPMENT CODE
developer or of a neighborhood
property owners association (POA)
and shall not be the responsibility of
the City. • The method for
maintenance and a maintenance
fund shall be established by the
PZD covenants.
(vii)The covenants shall provide that in
the event the private streets are not
maintained as required by the
covenants, the City shall have the
right (but shall not be required) to
maintain said streets and to charge
the cost thereof to the property
owners within the PZD on a pro rata
basis according to assessed
valuation for ad valorem tax
purposes and shall have a lien on
the real property within the PZD for
such cost. The protective covenants
shall grant the City the right to use
all private streets for purposes of
providing fire and police protection,
sanitation service and any other of
the municipal functions. The
protective covenants shall provide
that such covenants shall not be
amended and shall not terminate
without approval of the City Council.
(viii) The width of private streets may
vary according to the density
served.
• The following standard shall be
used:
Paving Width
Dwelling
Units
One -Way
Two -Way
1 - 20
14'
22'
21+
14
24'
(No On -Street Parking)
*Note: If on -street parking is desired, a minimum
6 feet must be added to each side where parking
is intended.
(ix) All of the traffic laws prescribed by
Title VII shall apply to traffic on
private streets within a PZD.
(x) There shall be no minimum building
setback requirement from a private
street.
(xi) The developer shall erect at the
entrance of each private street a
rectangular sign, not exceeding 24
inches by 12 inches, designating
the street a "private street" which
shall be clearly visible to motor
vehicular traffic.
(11) Construction of nonresidential facilities.
Prior to issuance of more than eight building
permits for any residential PZD, all approved
nonresidential facilities shall be constructed.
In the event the developer proposed to
develop the PZD in phases, and the
nonresidential facilities are not proposed in
the initial phase, the developer shall
guarantee to the City completion of the
nonresidential facilities in the amount no less
than 150% of the estimated cost of said
facilities.
(12) Tree preservation. All PZD developments
shall comply with the requirements for tree
preservation as set forth in Chapter 167 Tree
Preservation and Protection. The location of
trees shall be considered when planning the
common open space, location of buildings,
underground services, walks, paved areas,
playgrounds, parking areas, and finished
grade levels.
(13) Commercial design standards. All PZD
developments that contain office or
commercial structures shall comply with the
commercial design standards as set forth in
§166.14 Site Development Standards and
Construction and Appearance Design
Standards for Commercial Structures.
(14) View protection. The Planning Commission
shall have the right to establish special
height and/or positioning restrictions where
scenic views are involved and shall have the
right to insure the perpetuation of those
views through protective covenant
restrictions.
(L) Revocation.
(1) Causes for revocation as enforcement
action. The Planning Commission may
recommend to the City Council that any PZD
approval be revoked and all building or
occupancy permits be voided under the
following circumstances:
(a) Building permit. If no building permit
has been issued within the time allowed.
(b) Phased development schedule. If the
applicant does not adhere to the phased
master development plan schedule as
CD166:27
Fayetteville Code of Ordinances
stated in the approved development
(1) Legal entities. The developer shall create
plan.
such legal entities as appropriate to
undertake and be responsible for the
(c) Open space and recreational facilities,
ownership, operation, construction, and
If the construction and provision of all
maintenance of private roads, parking areas,
common open spaces and public and
detention ponds, drainage structures,
recreational facilities which are shown
common usable open space, community
on the final plan are proceeding at a
facilities, recreation areas, building, lighting,
substantially slower rate than other
security measure and similar common
project components.
elements in a development. The city
encourages the creation of homeowner
Planning staff may report the status of
associations, funded community trusts or
each ongoing PZD at the first regular
other nonprofit organizations implemented
meeting of each quarter, so that_the
by agreements, private improvement district,
Planning Commission is able to
contracts and covenants. All legal
compare the actual development
instruments setting forth a plan or manner of
accomplished with the approved
permanent care and maintenance of such
development schedule. If the Planning
open space, recreation areas and
Commission finds that the rate of
communally -owned facilities may be
construction of dwelling units or other
approved by the City Attorney. The Planning
commercial or industrial structures is
Commission shall consider and approve the
substantially greater than the rate at
suitability for the proposed use of the open
which common open spaces and public
areas. The aforementioned legal instruments
recreational facilities have been
shall be provided to the Planning
constructed and provided, then the
Commission together with the filing of the
Planning Commission may initiate
final plan, except that the Guarantee shall be
revocation action or cease to approve
filed with the preliminary plan or at least in a
any additional final plans if preceding
preliminary form.
phases have not been finalized. The city
may also issue a stop work order, or
(2) Common areas. If the common open space
discontinue issuance of building or
is deeded to a homeowner association, the
occupancy permits, or revoke those
developer shall file with the plat a declaration
previously issued.
of covenants and restrictions in the
Guarantee that will govern the association
(2) Procedures. Prior to a recommendation of
with the application for final plan approval.
revocation, notice by certified mail shall be
The provisions shall include, but not
sent to the landowner or authorized agent
necessarily be limited to, the following:
giving notice of the alleged default, setting a
time to appear before the Planning
(a) The homeowner's association must be
Commission to show cause why steps
legally established before building
should not be made to totally or partially
permits are granted.
revoke the PZD. The Planning Commission
recommendation shall be forwarded to the
(b) Membership and fees must be
City Council for disposition as in original
mandatory for each home buyer and
approvals. In the event a PZD is revoked,
successive buyer.
the City Council shall take the appropriate
action in the city clerk's office and the public
(c) The open space restrictions must be
zoning record duly noted,
permanent, rather than for a period of
years.
(3) Effect. In the event of revocation, any
completed portions of the development or
(d) The association must be responsible for
those portions for which building permits
the maintenance of recreational and
have been issued shall be treated to be a
other common facilities covered by the
whole and effective development. After
agreement and for all liability insurance,
causes for revocation or enforcement have
local taxes and other public
been corrected, the City Council shall
assessments.
expunge such record as established above
and shall authorize continued issuance of
(e) Homeowners must pay their pro rata
building permits.
share of the initial cost; the maintenance
assessment levied by the association
(M) Covenants, trusts and homeowner associations,
must be stipulated as a potential lien on
the property.
CD166:28
TITLE XV UNIFIED DEVELOPMENT CODE
Cross references) -Bonds and Guarantees, Ch. 158;
The association must be able to adjust the
Variances, Ch. 156.
assessment to meet changing needs.
(C) Determining necessity for off -site improvements.
(Ord. 4717, 7-5-05; Ord. 4779, 10-18-05)
(1) When a proposed subdivision has access to
166.07 Required Off -Site Improvements
paved streets or roads only by way of
substandard or unimproved roads or streets
(A) Generally. Required of subdivider,
leading from the subdivision to the paved
streets or roads, the subdivider shall be
(1) Description. The subdivider shall be
responsible for . contributing this
required to install off -site improvements
proportionate share of the cost of improving
where the need for such improvements is
the substandard access roads or streets to
created in whole or in part by the proposed
existing city or county standards. The
subdivision. For purposes of this section, an
subdivider's proportionate share of said
off -site improvement shall mean any
costs shall be determined by the Planning
improvement listed in §166.03 and §166.04
Commission in accordance with the
of these regulations which is to be installed
provisions of (A) above.
on property located outside the proposed
subdivision.
(2) When a proposed subdivision has direct
access to, or fronts on existing road or
(2) Standards applicable. Any required off -site
street, which is below current standards, the
improvements shall be installed according to
subdivider shall be responsible for
the city's standards; provided off -site
contributing his/her proportionate share of
improvements to roads located outside the
the cost of improving said street or road to
city's corporate limits but within the city's
existing city or county standards. The
planning area shall be installed to the
Planning Commission shall determine the
county's standards. The subdivider shall be
subdivider's proportionate share of said
required to bear that portion of the cost of
costs in accordance with the provisions of
off -site improvements which bears a rational
(A) above.
nexus to the needs created by the
subdivision.
(3) Off -site drainage improvements shall be
required whenever a proposed subdivision
(3) Planning Commission. At the time the
causes the need for such improvements.
Planning Commission grants preliminary plat
approval, the Planning Commission shall
(D) State highways. The subdivider shall be required
determine whether the proposed subdivision
to dedicate sufficient right-of-way to bring those
creates a need to off -site improvements and
state highways which the Master Street Plan
the portion of the cost of any needed off -site
shows to abut or intersect the proposed
improvements which the subdivider shall be
subdivision into conformance with the right -of -
required to bear; provided, that portion of the
way requirements of the Master Street Plan. The
cost of off -site improvements to roads
subdivider shall be required to install a sidewalk
located outside the city's corporate limits but
adjacent to that portion of a state highway
within the city's planning area shall be
abutting the proposed subdivision; and provided
determined by the county. In determining
that the Planning Commission may waive the
that portion of the cost of off -site
sidewalk requirement prescribed by this
improvements which the subdivider shall be
subsection upon application by the subdivider
required to bear the Planning Commission
and a determination by the Planning Commission
shall consider the acreage within the
that the topography of the proposed subdivision
proposed subdivision as a percentage of all
where it abuts a state highway is such that
the acreage which, when fully developed, will
installation of a sidewalk is not practical. , Any
benefit from the off -site improvements;
other improvements required of the developer by
provided, the Planning Commission may use
the Planning Commission shall be coordinated
a different method of measurement if it
with the Arkansas Highway and Transportation
determines that use of the acreage standard
Department.
will not result in the subdivider bearing that
(Code 1965, App. C., Art. III, § A(4); Code 1991, §159.33:
portion of the cost which bears a rational
Ord. No. 2293, 12-7-76; Ord. No. 2361, 7-19-77; Ord. No.
nexus to the needs created by the
2570, 10-16-79; Ord. No. 2660, 10-5-82; Ord. No. 3974, 6-4-
subdivision.
96: Ord. No. 4100, §2 (Ex. A), 6-16-98)
(B) Delayed improvements.
166.08 Design Standards
CD166:29
Fayetteville Code of Ordinances
(A) Intent. These standards are intended to help the
developer achieve development that is safe,
efficient, pleasant, economic to build and easy to
maintain.
(B) Fitness for development. Based on topographic
maps, soil surveys prepared by the Department
of Agriculture and drainage information from the
General Plan, the Planning Commission may
require that steep grades, unstable soil and flood
plains be set aside and not subdivided until
corrections are made to protect life, health, and
property.
(C) Street design principles.
(1) Extensions. All street extensions shall be
projected at the same or greater width, but in
no case less than the standards.
(2) Substandard widths, Subdivisions that
adjoin existing streets shall dedicate
additional right-of-way to meet the minimum
widths listed.
(3) Street names. Names of streets shall be
consistent with natural alignment and
extensions of existing streets, and new street
names must be used which will not duplicate
or be confused with existing names.
(4) Tangents. A straight tangent at least 100
feet long shall separate reverse curves.
(5) Access. Safe and adequate vehicular and
pedestrian access shall be provided to all
parcels.
(6) Access control. Local streets and driveways
shall not detract from the safety and
efficiency of bordering arterial routes.
(7) Through traffic. Local street systems should
be designated to minimize through traffic
movements.
(8) Speed. Local streets should be designed to
discourage excessive speeds.
(9) Pedestrian. Pedestrian -vehicular conflict
points should be minimized.
(10) Economy. A minimum amount of space
should be devoted to street uses.
(11) Traffic control. There should be a minimum
number of intersections.
(12) Street pattern. The arrangement of local
streets should permit economical and
practical patterns, shapes, and sizes of
development parcels.
(13) Topography. Local streets should be related
to topography.
(14) Street standards. All street requirements
shall be met as set forth in the City of
Fayetteville Master Street Plan and Minimum
Street Standards.
(15) Dead-end streets. All dead end streets shall
end in a cul-de-sac with a radius of 50 feet.
The maximum length of a dead end street
shall be 500 feet.
(16)Distance from intersection to curb cuts.
Curb cuts shall not be allowed closer than 50
feet to an intersection for a local street and
60 feet for collector and arterial streets.
(17) Distance between curb cuts. The minimum
distance between curb cuts shall be 25 feet
for a local street and 30 feet for a collector
and arterial street except for single-family
residential lots in which the requirement is 10
feet between curb cuts.
'See Table: Local Streets/Collector Streets
CD166:30
TITLE XV UNIFIED DEVELOPMENT CODE
Local Streets
Collector Streets
Ordinary
Hilly
Ordinary
Hilly
Density
City Limits
Planning
City Limits
Planning
City Limits
Planning
City Limits
Planning
Area
Area
Area
Area
Spacing
300-1400'
300'-1400'
300-1400'
300-1400'
300-1400'
300-1400'
300-1400'
300'-1400'
Right -of-
50'
60'
50'
60'
60'
80
60'
80'
way
Pavement
30'
24'
30'
24'
36'
30'
36'
30'
width
Vertical
B' shoulders
Vertical
8' shoulders
Vertical
8' shoulders
Vertical
8' shoulders
Border
curb &
& swales or
curb &
& swales or
curb &
& swales or
curb &
& swale or
utter
roll curb
gutter
roll curb
gutter
roll curb
gutter
roll curb
One side
None
none
None
Both sides
none
none
Off-street
Arkin
Sidewalk
Both sides
Both sides
Both sides
One side
Both sides
One side
Maximum
10%
10%
15% (300'
15% (300'
6%
6%
12%
12%
maximum
maximum
Dead-end Streets
Length
500
1000
1000
500
Radius
50
50
—
—
(ROW
Design
25
30
20
25
30
35
25
30
speed
Sign
distance at
250
250
110
110
350
350
150
150
centerline
Intersection
40'
40'
50'
50'
50'
50'
60'
60'
to curb cut
Between
25'
25'
25'
25'
30'
30'
30'
30'
curb cuts
Street
Yes
Yes
Yes
Yes
li htin
(D) Residential blocks.
(1) Width. Blocks shall be two tiers of lots wide,
except where topography, highway,
railroads, utility lines or other physical
features will not permit it.
(2) Length. Blocks shall be at least 400 feet
long, but no longer than 1,400 feet.
(E) Easements. Easements at least 25 feet wide
shall be centered along rear lot lines and along
side lot lines where needed to provide for utility
lines and surface drainage. The Planning
Commission may require larger easements for
major utility lines, unusual terrain or drainage
problems.
(F) Residential lots. The use and design of lots shall
conform to the provisions of zoning where zoning
is in effect. When no zoning applies, the
following standards shall govern unless in conflict
with more stringent city or state regulations
applicable to the use of individual disposal
systems:
CD166:31
Fayetteville Code of Ordinances
(1) Bulk and area regulations:
City Limits
Planning Area
Lot area minimum
8,000 sq. ft.
10,000 sq. ft.
Lot width
minimum
70 ft.
75 ft.
Side setback
10 ft.
10 ft.
Rear setback
20 ft.
20 ft.
Frontage on
improved street
70 ft.
75 ft.
Provided, a suburban lot may be developed as a tandem lot
in accordance with zoning, Chapters 160 throw h 165.
(2) Size. The size and shape of the lots shall
not be required to conform to any stipulated
pattern, but insofar as practicable, side lot
lines should be at right angles to straight
street lines or radial to curved street lines.
When a tract of land is subdivided into larger
than normal lots, such lots shall be so
arranged as to permit the logical location and
opening of future streets and appropriate
resubdivision of the lots, with provisions for
adequate utility connections for such
resubdivision.
(3) Developments outside city developed to all
inside the city standards. If the City Council
grants access to the City's sewer system
pursuant to § 51.113 (C) and the
owner/developer agrees to petition for
annexation as soon as legally possible and
develop the subdivision in accordance with
all inside the city development requirements
including payment of all impact fees, the bulk
and area requirements for this subdivision
shall conform to those within the city limits
rather than those within the planning area.
(Code 1965, App. C., Art. IV, §§C, D, F -H; Ord. No. 1750, 7-
6-70: Ord. No. 1801, 6-21-71; Ord. No. 2196, 2-17-76; Ord.
No. 2353, 7.5-77; Code 1991, §§159.45, 159.58. 159.51-
159.53; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. 4757, 9-6-
05)
Cross reference(s)--Bonds and Guarantees, Ch. 158;
Variances. Ch. 156; Notification and Public Hearings, Ch.
157.
166.09 Condition Of Acceptance
(A) The city shall not have any responsibility with
respect to any street, or other improvements,
notwithstanding the use of the same by the
public, unless the street or other improvements
shall have been accepted by the city.
(B) Prior to requesting final acceptance of streets
and sanitary and storm sewers the developer
shall furnish "as -built" drawings in reproducible
form.
(C) The city shall, within 30 days after the public
improvements have been offered for dedication
to the city, accept the improvements, provided
the improvements have been constructed in
accordance with the requirements and conditions
of this chapter and the specifications of the city.
The developer shall furnish proof that all
improvements are free of liens and debts.
(Code No. 1965, App. C., Art. Ill, §D; Ord. No. 1750, 7.6.70;
Code 1991, §159.36; Ord. No. 4100, §2 (Ex. A), 6-16-98)
1166.10 Reserved S _s --` - nd
-
"•. C t. . _r..'
:. .
CD166:32
Fayetteville Code of Ordinances
lines to allow for future acquisition of right-of-way
for arterial streets.
(Code 1965, App. A. Art. 8(10.1); Ord. No. 1747, 6-29-70;
Ord. No. 3073, 3-19-86; Code 1991, §160.119; Ord. No.
4100, §2 (Ex. A). 6-16-98)
166.12 Structures Not Allowed Over
Public Easements
No portion of any structure shall be built over any
public utility easement.
166.13 Underground Utility Wires
(A) In the new residential developments requiring
Planning Commission approval and new
commercial developments all utility wires, lines,
and/or cable in said developments utilized by
electric and/or telecommunications companies
shall be placed underground.
e -
e
iuiu
.-., �------- ,I--...,, --- _. ....- -..- ....��. �.�
(B) Waiver. In case of hardships, (including but nottho -
limited to financial, geological, environmental, or manner;
regulatory) unique to the subject property, the
Planning Commission may grant a waiver, on a
permanent or temporary basis, to allow the
erection, construction, installation, maintenance, procorvoprop�Ytyvdutc -
use or operation of poles and overhead wires and rood y
associated overhead structures.
2gin -:and
(C) Exemptions. The following shall be exempt from
the requirements of this section:
, f. .
(1) Overhead wires, supporting structures, and�pp!y
+ -
associated structures of a temporary naturep6tbd.
which provide temporary service. A permit
obtained from the Zoning and Development - _ _
Administrator for said temporary service,
addressing the nature and duration of said • • • g 1
service, shall be required.
(2) Existing lines of 12Kv and above.
'
(3) A single power pole near the exterior
boundary of a development shall be allowed r
to provide connections for underground
service. ) r_ oayG�mmorcidl and - -
(D) Nothing herein shall be construed to usurp the () 1 2 Conordl lndustA .
authority of the Arkansas Public Services
Commission and in all instances of conflict, the (8)_o-aHlntubendl.
rules and regulations of said Arkansas Public
Service Commission shall prevail. ( )JE . [E AFaGlie„.
(Ord. No. 4100, §2 (Ex. A), 6-16-98: Ord. No. 4169, §1, 6- ('t,g)PZ61 o ,ntd—' 94ing r,
16-99) oornm�rdidl,t-ioo, in€titUtint_ , n. _ r _ . ,
REMOVE AND IREiFtA'CE°1(66.`x4
WITH EXHIBIT A
a e -
----
CD166:34
TITLE XV UNIFIED DEVELOPMENT CODE
JJILLWJALWiunhrrrnitIr
I_fl., - , 3r. . -, - -
.............................
__ __ --
IJ14fl!ILULM1II1IJLIIL1L.
11rn.!JrffiIIII$"IFJiTd1fl1" •1
CD166:35
TITLE XV UNIFIED DEVELOPMENT CODE
.... ..... . . ::.. : di .
. } ..
'
V-�•.••. ....�.yuJJ
166.15 Application For Building Permit
(A) Application. All applications for building permits
shall be accompanied by plans in duplicate
d "yawn to scale showing:
(1) The actual dimensions and shape of the lot
to be built upon;
(2) The exact sizes and locations on the lot of
buildings already existing, if any;
(3) The location and dimensions of the proposed
building or alteration;
(4) The application shall include such other
information as lawfully may be required by
the Zoning and. Development Administrator,
including:
(a) Existing or proposed building or
alteration;
(b) Existing or proposed uses of the
building and land;
(c) The number of families, housekeeping
units, or rental units the building is
designed to accommodate;
(d) Conditions existing on the lot; and
(e) Such other matters as may be
necessary to determine conformance
with, and provide for the enforcement of
this chapter.
(B) Approval/denial. One copy of the plans shall be
returned to the applicant by the Zoning and
Development Administrator after he/she shall
have marked such copy either as approved or
disapproved, and attested the same by his/her
signature on such copy. The original of the
plans, similarly marked, shall be delivered to, and
retained by the Building Safety Division.
(C) Expiration of building permit.
(1) Begin work. If the work described in any
building permit has not begun within 180
days after the date of issuance thereof, said
permit shall expire. It shall be canceled by
the building inspector and written, notice
thereof shall be given to the persons
affected. t
(2) Substantial completion. If the work
described in any building. permit has not
been substantially completed within two (2)
years of the date of issuance thereon, said
permit shall expire and be canceled by the
building inspector and written notice thereof
shall be given to the persons affected,
together with notice that further work as
described in the canceled permit shall not
proceed unless and until a new building
permit has been obtained.
CD166:37
Fayetteville Code of Ordinances
(Code 1965. App. A., Art. 9(2), (4); Ord. No. 1747, 6-29-70;
Code 1991, §§160.191. 160.193; Ord. No. 4100, §2 (Ex. A),
6-16-98)
Cross reference(s)--Building Regulations, Ch. 173;
Enforcement, Ch. 153.
166.16 Construction To Be As Provided
In Application, Plan, And Permits
Building permits issued on the basis of plans and
applications approved by the Zoning and
Development Administrator authorize only the use,
arrangement, and construction set forth in such
approved plans and applications, and no other use,
arrangement, or construction.
(Code 1965, App. A., Art. 9(5); Ord. No. 1747, 6-29-70;
Code 1991, §160.194; Ord. No. 4100, §2 (Ex. A), 6-16-98)
166.17 Suspending Issuance Of Permits
Pending Zoning Amendments
(A) No permit for the erection of any building or
structure, or permit for the conduct of any use,
shall be issued for a period of not more than 90
days after the question of a zoning amendment,
so as to prohibit the use or building
contemplated in the area concerned, has been
referred to the Planning Commission.
(B) For the purpose of this section an amendment
has been referred to the Planning Commission
when a rezoning petition or official request for
rezoning study is filed with the Zoning and
Development Administrator. Provided that if final
action by the City Council is not taken on the
question within three months of the time the
matter is so referred, the permit shall be issued if
all other requirements are met. If within such
three-month period the governing body of the
municipality shall pass an ordinance amending
zoning, Chapters 160 through 165, so as to
prohibit such building, structure, or use, no such
permit shall be issued.
(C) However, nothing contained in this section shall
prohibit the issuance of a building permit, or
permit for the conduct of any use, if an
application for said permit together with all fees
required and complete set of plans demonstrating
complete or substantially complete compliance
with all building and zoning requirements is filed
with the Zoning and Development Administrator
prior to the reference to the Planning
Commission.
(Code 1965, App. A.. Art 9(7); Ord. No. 1747, 6-29-70: Ord.
No, 1918, 5-15-73; Code 1991, §160.196; Ord. No. 4100, §2
(Ex. A), 6-16-98)
166.18 Master Street Plan Setbacks
The city shall require the applicant/developer to
establish a right-of-way setback line based on the
right-of-way requirements for streets and highways
designated by the Master Street Plan. Such setback
line shall be considered the property line for such
purpose of satisfying the requirements of the UDO. All
building setbacks, required landscaping, parking lots,
display areas, storage areas and other improvements
and uses shall be located outside of such established
setback area. The required width of setbacks,
landscaped areas, buffers, and all other setback
requirements shall be dimensioned from the
established right-of-way setback line. The
establishment of any new structure or other
improvements within the right-of-way setback is
prohibited.
166.19 Expiration Of Previously
Approved Plans And Permits
All approved large scale developments, planned
zoning districts, conditional uses, and lot splits
approved prior to July 1, 2002, which have not
received all required permits to begin construction,
have not begun construction, have not been
established, or in the case of lot splits, have not been
recorded within twelve (12) months from the date of
the passage of this ordinance, shall be required to
comply with all current ordinances. The Zoning and
Development Administrator is authorized to approve
minor plat modifications and/or design changes
necessitated by compliance with this section.
166.20 Expiration Of Approved Plans
And Permits
(A) Applicability. The provisions of this section apply
to all of the following plans and permits:
(1) Preliminary plats;
(2) Planned zoning district developments;
(3) Conditional uses;
(4) Large-scale developments;
(5) Lot splits;
(6) Physical alteration of land permits;
(7) Storm water, drainage, and erosion control
permits;
(8) Tree preservation plans;
(9) Sign permits; and,
(10) Floodplain development permits.
(B) One-year time limit.
CD166:38
TITLE XV UNIFIED DEVELOPMENT CODE
(1) Tasks to be completed. All of the above- enumerated plans and permits shall be
enumerated plans and permits are rendered null and void.
conditioned upon the applicant
accomplishing the following tasks within one 166.21-166.99 Reserved
(1) year from the date of approval:
(a) For any renovation or new construction,
receive a building permit; and/or,
(b) For a lot split, record a deed or survey at
the Washington County Circuit Clerk's
Office, stamped for recordation by the
City Planning Division; and/or,
(c) Receive a Certificate of Zoning
Compliance; and/or,
(d) Receive all permits and• approvals
required by City, State, and Federal
regulations to start construction of the
development or project.
(2) Extensions. Prior to the expiration of the one
(1) year time limit, an applicant may request
the Planning Commission to extend the
period to accomplish the tasks by up to one
(1) additional year. The applicant has the
burden to show good cause why the tasks
could not reasonably be completed within
the normal one (1) year limit.
Expiration. If the required task(s) are not
completed within one (1) year from the date
of approval or during an allowed extension
period, all of the above -enumerated plans
and permits shall be rendered null and void.
(C) Three-year time limit.
(1) Tasks to be complete. All of the above -
enumerated plans and permits are also
conditioned upon the applicant completing
the project and receiving final inspection
approval and/or a final Certificate of
Occupancy permit within three (3) years from
the date of issuance of a Building Permit.
(2) Extensions. Prior to the expiration of the
three (3) year time limit, an applicant may
request the Planning Commission to extend
the three (3) year period to complete the
project by up to two (2) additional years.
The applicant has the burden to show good
cause why the project could not reasonably
be completed within the three (3) year time
limit.
(3) Expiration. If the applicant fails to meet the
requirements of subsection (C)(1) within
three (3) years from the date of issuance of a
Building Permit or during an allowed
extension period, all of the above-
CD166:39
"Exhibit A"
166.14 Commercial Design And
Development Standards
(A) Purposes.
(1) To protect and enhance Fayetteville's
appearance, identity, and natural and
economic vitality.
(2) To address environmental concerns
which include, but are not limited to, soil
erosion, vegetation preservation, and
drainage.
(3) To protect and preserve the scenic
resources distributed throughout the city
which have contributed greatly to its
economic development, by attracting
tourists, permanent part-time residents,
new industries, and cultural facilities.
(4) To preserve the quality of life and
integrate the different zones and uses in
a compatible manner.
(5) To address the issues of traffic, safety,
and crime prevention.
(6) To preserve property values of
surrounding property.
(7) To provide good civic design and
arrangement.
(B) Applicability. The standards set forth herein
shall apply in the following zoning districts,
except as noted:
(1) R -O, Residential Office;
(2) C-1, Neighborhood Commercial
(3) C-2, Thoroughfare Commercial;
(4) C-3, Central Commercial;
(5) C-4, Downtown;
(6) I-1, Heavy Commercial and Light
Industrial;
(7) 1-2, General Industrial;
(8) P-1, Institutional;
(9) E-1, Extraction;
I.
(10)PZD, Planned Zoning District when
commercial, office, institutional and
industrial uses are planned.
(11)Any other zoning district when
commercial, office, institutional, and
industrial uses are allowed as a
conditional use.
(C) Site development standards and Design
elements for commercial structures. The
following site development standards and
design element guidelines for commercial
structures shall apply when either new
development or expansion of 25% of the
existing building square footage occurs.
(1) The elements to avoid or minimize
include:
(a) Unpainted concrete precision block
walls;
(b) Square "boxlike" structures;
(c) Metal siding which dominates the
main facade;
(d) Large blank, unarticulated wall
surfaces;
(e) Large out of scale signs with flashy
colors.
(2) Construction and appearance design
standards for commercial structures.
(a) A commercial structure or
development shall be designed to
avoid or minimize the elements set
forth in (1)(a) — (d) above.
(b) A commercial development which
contains more than one building
should incorporate a recurring,
unifying, and identifiable theme for
the entire development site.
(c) A development should provide
compatibility and transition between
adjoining developments.
Design Element Guidelines, Commercial
(b) Chain link. Chain link fence is
Sign out of scale Large box prohibited if closer to the street than
the front of the building in zoning
with buildin structure districts C-1, C-2, C-3, C-4, and R-
0. Residential uses are exempt
from this requirement.
(c) Height of fences in front buildings.
Fences located in front of the
• etal siding primary structure may be solid up to
dominating 30 inches in height. Any part of a
Large blank, unarticulated fence which exceeds 30 inches in
main facade height shall not obstruct the view of
wall surface the primary structure from the right -
(3) Site coverage. A maximum of 85% of of -way.
the development site may be covered by
the ground floor of any structure, (D) Buffer Strips and screening. When review of
parking lots, sidewalks, and private a development requires the construction and
streets and drives or any other maintenance of a buffer strip, fence, or
impermeable surface. Zoning districts screen wall as a condition for initiating and
C-3, C-4, and the Design Overlay subsequently continuing any use, such
District are exempt from this buffer strip, fence, or screen wall shall be
requirement. constructed and maintained on the zoning lot
containing or proposed to contain such use,
(4) Driveways. Shared drives and cross in accordance with provisions of this chapter.
access between properties shall be The purpose of the buffer strip shall be to
encouraged to developed and provide separation and enclosure of uses;
undeveloped properties. ersept='in G3 the purpose of the fence to enclose uses; the
and t 4 zones. purpose of the screening wall to conceal
uses.
(5) Setback reduction. Required building
setbacks may be reduced in accordance
with the following table where vegetation
having a minimum height of one foot six
inches at the time of planting and
occupying 10% of the open area is
installed and no off-street parking is
provided in the remaining front setback.
One-way rdrive (aisles may 1be permitted
within the setback.
C-1, C-2 and I-1 zones
From
50 feet to 25 feet
R-0 zone
From
30 feet to 25 feet
1-2 zone
From
100 feel to 50 feet
(6) Maintenance of vegetation. Vegetation,
under the provisions of this section,
shall be continuously maintained to
conform to the requirements of this
section.
(7) Fences. The following types, height,
and location of fences shall be
prohibited:
(a) Razor and/or barbed wire. Razor
and/or barbed wire fences are
prohibited if visible from the street
right-of-way or a residence, unless
and except barbed wire fences are
used for agricultural purposes.
(1) Landscaped area. The buffer strip
landscaped area shall consist of a strip
of land at least 12 feet wide which shall
be adequately landscaped with'.approval
of .the (Urban PForester„ entirely on the
zoning lot which is required to provide
the buffer strip, and so located as to
serve as an effective buffer between the
use required to provide the buffer strip
and other property for whose protection
the buffer strip is required. The buffer
strip shall extend along the full length of
the boundary separating the zoning lot
from such other property, or from the
street, as the case may be.
(2) Fence required. Required fences shall
be of a wood or chain link type (barbed
wire not permitted) not less than six (6)
feet high, constructed of good,
substantial material, of first-class
workmanship, and so erected as to
resist wind pressure, ensure public
safety, and present a neat, attractive
uniform appearance.
(3) .Screen required. Screening shall imean
a view obscuring ;fence, 'view obscuring
berm, view dtiscuring •architectural
treatment, or 'view obscuring vegetation,
or combination thereof, of sufficient
heig t tht th o prev a view of the
obscuring within two years from the
screened items from vehicular and
date of planting. If vegetation
pedestrian traffic on adjacent streets;
planted under this subsection does
and from residential property.
not become view -obscuring within
Vegetation shall be planted at a density
two years, a view -obscuring fence
sufficient to become view obscuring
shall be installed.
within two —years from the date of
planting:
(c)_.Exceptions: The outdoor display of
materials or equipment solely fog
(4) Mechanical and utilityT equipmenntand
sale or lease, such as automobiles;
trash enclosures, and outdoor otorago of
seasonal garden supplies, etc. shall
shall be
not be required to be screened as
screened if visible from the
set forth in subsection (a) above:
highway/street right-of-way or from
residential property as set forth below:
(6)
Non-residential adjacent to residential
zones. A view -obscuring fence or view -
(a) Mechanical and utility equipment.
obscuring vegetation, or a combination
All mechanical and utility equipment
of the two, shall be required between
located on the wall and/or on. the
oc� "—msias esidentiatuses and all
ground shall be screened. All roof
nonresidential uses (including access
mounted utilities and mechanical
drives and parking lots for five (5) or
equipment shall be screened by
more cars accessory to any. use) Sad
incorporating screening into • the
structure utilizing materials
Uco and odjaoont to any RT,RMF or'
compatible with the supporting
9 zenes
building. Mechanical and utility
equipment over 30 inches in height
(6)
Mini -storage. At the expense of the
shall meet building setbacks.
owner of the property, all storage units
and storage yards for mini -storage
(b) Trash enclosures. Trash
created under Use Unit 21 shall be
enclosures shall be screened with
required to be screened by view
-J
materials that are compatible with
obscuring vegetation when the storage
and complementary, to the principal
yards or the storage units have common
structure; with access not visible
property lines with any residential use or
from the street.
zone and when they have frontage on
any public.street. Vegetation used for
_____T_!___
(5) Outdoor storage_of material and
screening purposes shall be planted at a
equipment shall be screened if visible
density sufficient to become view
from the highway/street right-of-way or
obscuring within two years from the date
from residential. property, as. set forth
of planting and it shall be the
below:
responsibility of the property owner to
maintain the screening throughout the
(a) At the expense of the owner or
life of the use of the property as mini -
lessee of the property, and in all
storage.
zones, the following uses shall be
completely surrounded by a view
(E)
Design review.
obscuring fence or by view
obscuring vegetation, or a
(1)
Submittals. The following drawings,
combination of the two, of sufficient
information, and plans shall be
height to prevent the view of the
submitted to the Planning Commission
premises from vehicular and
for design review and, approval with
pedestrian traffic on adjacent
large scale development applications,
streets: outdoor storage yards,
when applicable; or, submitted to the
including but not limited to, auto
Planning Division for design review and
salvage yards, scrap metal yards,
approval with, or prior to, building permit
used furniture yard and garbage
applications for non -large scale
dumps.
development.
(b) Where vegetation is used to meet
(a) Elevations. Rendered elevation
the requirements of this subsection,
f Fn "
drawing of inch
the vegetation shall be planted at a
_
no 91) foot (rpinimu_rn}�pjp, all
density sufficient to become view
facades showing adjoining context
and a description of external
building materials.
(b) Materials sample. ,A rsamle of
exterior imateriats it b iued,for ':the
proposed i$tmcture 6that 'indicates
texture, colorrand (type of materials.
(c) Landscaping. Proposed
landscaping to be used as
screening shall be shown on the
tree preservation plan er—site plan
andlandscapelplan.
(2) Build out. Upon approval of a large
scale development, or issuance of a
building permit, build -out of the project
shall conform to the drawings,
information, and plans approved.
(a) Amendments. Amendments to the
drawings, information, and plans
shall be submitted to the planning
division. Amendments which are
determined to be insignificant or
minor may be approved by the
Planning Division. Significant
amendment shall be approved by
the Planning Commission when
approval was given through the
large scale development process,
or by the planning division when
approval was given through the
building permit process.
(b) Review. Amendments shall be
considered using the same
standards as the initial design
approval.
(c) Noncompliance. Failure to build -
out the project according to the
approved drawings, information,
and plans, or approved
amendments thereto, shall render
the large scale development
approval, or the building permit
approval void.
(F) Variances. (See Chapter 156.)
TITLE XV UNIFIED:DEVELOPMENT CODE
,CHAPTER _172; -PARKING AND LOADING.
172.01 PURPOSE............................................................................................:..........................................3
172.02 PARKING LOT CONSTRUCTION STANDARDS...........................................................................3
172.03 ACCESSIBILITY..............................................................................................................................3
172.04 PARKING LOT DESIGN STANDARDS..........................................................................................4
172.05 STANDARDS FOR THE NUMBER OF SPACES BY USE............................................................6
172.06 PARKING LOT LOCATION STANDARDS.............................0......................................................9
172.07 RESERVED PARKIN! OT i nunernouir_ nonrnoe�eer me
172.08 NONCONFORMING PARKING LOTS..........................................................................................11
172.09 OFF-STREET LOADING................................................................................................................12
172.10 BICYCLE PARKING RACK REQUIREMENTS.............................................................................14
172.11-172.99 RESERVED...... ................................................................ .16
CD172:1
CHAPTER 172: PARKING AND LOADING
172.01 Purpose
The regulations of this section are intended to
reinforce community standards and to promote safe
and attractive parking lots for new, redeveloped, and
expanded development within the city. The size,
number, design, landscaping, and location of parking
lots are regulated in order to:
(A) Provide for the safe and orderly circulation of
motor vehicles within parking lots;
(B) Provide safe ingress and egress to parking lots
from public and private streets; . .
(C) Protect adjoining properties from the adverse
impacts associated with parking lots such as
noise, lighting, appearance, drainage, and effect
on property values;
(D) Provide adequate areas for off-street parking and
storage of motor vehicles, while at the same time
preventing over -supply of parking in mixed -use
circumstances; and,
(E) Enhance the appearance of parking lots in"all
zoning districts.
172.02 Parking Lot Construction
Standards
(A) Permits and plan. For parking lots containing five
(5) or more spaces, building, and grading permits
and site and grading plans shall be required prior
to any initiation of work.
(B) Surfacing. Parking lots shall be asphalt, semi-
permeable soil pavers, or concrete, graded and
drained to dispose of surface water into
appropriate structures. .
(C) Barriers. Parking lots shall be provided with
wheel guards or curbs so located that no part of a
parked vehicle will extend into .or over the
sidewalks, property lines, or street right-of-way.
(D) Striping and marking. Parking lots spaces shall
be striped to indicate the location of the individual
spaces, directional arrows shall be provided at
the entrance •of aisles and entry drives, and
accessible spaces shall be marked meeting
current Americans with Disabilities Act (ADA)
requirements. Such striping and marking shall be
in accordance with the Manual on Uniform Traffic
Control Devices.
172.03 Accessibility
(A) ADA reference. Accessibility for persons with
disabilities in parking lots and building
approaches shall be as required by the current
ADA and as may from time to time be amended.
(B) Location and size. Location and minimum stall
size of accessible parking spaces, passenger
loading zones, or valet parking facilities, when
provided for public or governmental buildings and
facilities, shall meet the standards adopted in the
ADA.
(C) Buildings. Accessibility guidelines (ADAAG) for
buildings and facilities, Appendix A to 28 C.F.R.
Part 36, or the current federal standard.
(D) Signage. Accessible parking spaces for persons
with disabilities shall be identified with signs in
accordance with the ADA of 1990 or the current
federal statute. Curb ramps shall be provided in
accordance with ADA of 1990 wherever an
accessible route crosses a curb in the parking lot.
(E) Minimum number of accessible spaces. The
following table shall be used to determine the
minimum number of accessible parking spaces to
be provided for persons with disabilities:
Total parking spaces
in lot or garage
Minimum number of
accessible spaces
1-25
1
26-50
2
51-75
3
76-100
4
101-150
5
151-200
6
201-300
7
301-400
8
401-500
9
501-1000
2% of total spaces
Over 1000
20 spaces + 1 space for
each 100 spaces over
1000
(F) Facilities providing medical care. Facilities
providing medical care and other services for
persons with mobility impairments shall provide
accessible parking spaces as follows:
(1) Outpatient facilities. Outpatient units and
facilities shall provide a minimum of 10% of
the total number of parking spaces provided
serving each such outpatient unit or facility,
but in no event shall less than one such
parking space be provided.
CD172:3
Fayetteville Code of Ordinances
(2) Specialized facilities. Units and facilities that
(3) Visitor parking. Accessible visitor parking
specialize in treatment or services for
that provides sufficient access to grade level
persons with mobility impairments shall
entrances of multi -family dwellings is also
provide 20% of the total number of parking
required.
spaces provided serving each such unit or
facility, but in no event shall less than one
172.04 Parking Lot Design Standards
such parking space be provided.
(See: Illustration: Parking Dimension'. Factors)
(G) Multi -family dwellings. Multi -family dwellings
(A) Maneuvering. Parking lots shall be designated,
containing four (4) or more dwelling units shall
maintained, and regulated so that no parking or
provide accessible parking spaces as follows:
maneuvering incidental to parking will encroach
into the areas designated for sidewalks, streets,
(1) Fair Housing Act reference. Accessible
or required landscaping except as provided for in
parking shall be provided which meets the
§172.07(B)(2). Parking lots shall be designed so
provision in the Final Housing Accessibility
that parking and unparking can occur without
Guidelines, 24 C.F.R., Chapter 1
moving other vehicles. Vehicles shall exit the
Subchapter A, Appendix II, of the Fair
parking lot in a forward motion.
Housing Act of 1968, as amended, or the
current federal standard.
(B) Compact spaces. A maximum of 35% of the total
(2) Number of required accessible space.
spaces may be compact spaces. Compact
spaces shall be marked either by marking on the
Designated accessible parking shall be
pavement or by separate marker.
provided for at least two (2) percent of the
dwelling units and at facilities such as
(C) Dimensional requirements. (See Table 1)
swimming pools and clubhouses that serve
accessible buildings. Additional designated
accessible parking shall be provided on
request of residents with disabilities, on the
same terms and with the full range of
choices that are provided for other residents
of the development.
Parking Dimension Factors
Le,
`p� Y
e
7z 4
epµ�
PILIe <O)
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to e
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CuIt Leath (C)
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rule o- Street
Parallel Park;ng
CD172:4
TITLE XV. UNIFIED DEVELOPMENT CODE
TABLE I
DIMENSIONAL REQUIREMENTS
Angle
(A)
Type
Width
(in ft.)
(B)
Curb length
(in ft.)
(C)
One-way
aisle width
(in ft.)
(D)
Two-way
aisle width
(In ft.)
D
Stall depth
(in ft.)
(E)
00
Standard
8
22.5
12
24
8
Parallel
Compact
7.5
19.5
12
24
7.5
30"
Standard
9
18
12
24
17
Compact
7.5
15
12
24
14
450
Standard
9
12.5
12
24
19
Compact
7.5
10.5
12
24
16
60°
Standard
9
10.5
18
24
20
Compact
. 7.5
8.5
15
24
16.5
900
Standard
9
9
24
24,
19
Compact
7.5
7.5
22
24
15
g
(D) Parking lot entrances.
(1) Throat length. The length of driveways or
"throat length" shall be designed in
accordance with the anticipated storage
length for vehicles to prevent them from
backing into the flow of traffic on the public
street or causing unsafe conflicts with on -site
circulation. General standards appear
below, but these requirements may vary
according to the project volume of the
individual driveway. These measures
generally are acceptable for the principal
access to a property and are not intended for
minor driveways. Variation from these
standards may be permitted for good cause
upon approval of the Zoning and
Development Administrator and City
Engineer.
TABLE 2
GENERALLY ADEQUATE
r1RIVFWAY THROAT I FNfTHS
Shopping Centers
(Signalized)
>200,000 GLA*
800 spaces
200 ft.
Smaller
Developments
(Signalized)
<200,000 GIA"
75-95 ft.
Unsignalized
Driveways
—.
40-60 ft.
"GLA-Gross leaseable area
Commentary. The throat lengths in Table 2 are provided to
assure adequate stacking space within parking lot driveways
for general land use intensities. This helps prevent vehicles
from stacking into the thoroughfare as they attempt to enter
the parking lot. High traffic generators, such as large
shopping plazas, need much greater throat length than
smaller developments or those with unsignalized driveways.
The guidelines here for larger developments refer to the
primary access drive. Reduced throat lengths may be
permitted for secondary access drives serving large
developments.
•
i
CD172:5
Fayetteville Code of Ordinances
rhioat
tngth
(2) Entrances and internal aisle design. The
driveway width into parking lots shall meet
the following guidelines:
connect to commercial driveways.
Aisles connecting to commercial
driveways may be permitted to be
27 feet in width when the driveway
is in conformance with
§171.13(B)(6).
(E) Hillside/Hilltop Overlay District.
(1) Separation of Parking Pads in Multi -Family,
Office, and Commercial , Development.
Parking pads shall be separated by a
minimum undisturbed area of 15 feet
between parking pads. Streets and access
drives are permitted to cross this undisturbed
area.
(a) Entrances.
yW
(i) One-way. If the driveway is a one-
way in or one-way out drive, then _ _...:'
the aisle widths shall be 12 feet ` i-.,
wide up to a maximum of 15 feet
wide.r
(ii) Two-way. For two-way access, 4_.
each entrance lane shall be a -'
minimum of 12 feet wide and a
maximum of 15 feet wide.
r (2) Cut and Fill Slopes. Parking pads should be
shdfl '
b ' _ _ encouraged to utilize cut slopes with
retaining walls to minimize disturbance.
Mll:bt�'
d - (3) Maximum number of spaces per parking lot
for multi -family and office use. Parking pads
shall havea maximum of 30 spaces per pad.
(iii) Major thoroughfares. Driveways
that enter the major thoroughfare at (4) Parking lot location with multi -family and
traffic signals must have at least office structures. When the building is
two outbound lanes (one for each located adjacent to the street the parking
turning direction) and one inbound shall be located in the rear. When the multi-
lane, family structure is located off of the street, a
minimum of 35' of undisturbed area shall
(iv) Curb radius. All commercial separate the building from the street.
driveways should have a minimum
curb.radius of 25 feet. (5) Developers of multi -family, office, and
commercial uses in the Hillside/Hilltop
(b) Internal circulation drives. Overlay District are encouraged to refer to
the Hillside/Hilltop Best Management
(i) Aisles shall be designed so that Practices Manual for guidance and direction
they intersect at 90 degrees with in the design of their project.
internal drives where practicable.
(Ord. 4725, 7-19-05; Ord. No. 4855, 4-18-06)
(ii) Aisles shall be designed to
discourage cut -through traffic by 172.05 Standards For The Number Of
use of landscape islands. Spaces By Use
(iii) Aisles shall conform to §174.04(C) (A) Off-street parking. Except as provided in (1) and
with the exception of aisles that (2) below, off-street parking spaces shall conform
CD172:6
TITLE XV.. UNIFIED DEVELOPMENT CODE
to the requirement in Table 3 below. Parking
requirements shall be met at the time any
building or structure is erected, enlarged, or
increased in capacity, changed in use, or any
outdoor use is established or enlarged. In mixed
use developments or in cases of shared parking
agreements, parking requirements may be
reduced at the property owner's request as
outlined in §172.05(D). Reduced parking within
mixed use developments.
(1) Change of use — shared parking. Except as
outlined in (2) and (3) below, change of use
in mixed use developments or developments
that have entered an approved shared
parking agreement requires a parking
demand analysis using Table 4, Parking
Occupancy Rates. The property owner shall
notify the Planning Division when a change
of use is proposed. A forecast deficiency
greater than 15% must be met by the
construction of additional parking spaces,
payment of in lieu fees, support of shuttle
service, other trip reduction programs
satisfactory to the city, or a combination
hereof.
(2) Change of. use — waiver. In C-3 and C-4
zoning districts, parking requirements are
waived for any existing structure with a
change of use. New construction, razed
buildings or enlarged buildings shall conform
to the parking requirements of the City of
Fayetteville. For enlarged buildings,
additional parking spaces will be calculated
by the amount of square footage that is
added.
(3) Building footprint — waiver. In C-3 and C-4
zoning districts, parking requirements are
waived for the square footage "footprint" of
- any building which existed and has been
removed since October 1, 1995,. in order to
rebuild.
(4) C-3 and C-4 Zoning Districts accessory
outdoor use areas - Accessory outdoor
patios, balconies, decks, and other similar
outdoor use areas for restaurants and bars
shall be exempt from meeting off-street
parking requirements in the C-3 and C-4
zoning districts.
(B) Maximum/minimum number allowed. Parking
lots may contain up to 30% more spaces than the
required spaces and 30% less spaces than the
required spaces. Any additional spaces above
30% or below 30% shall be allowed only as a
conditional use and shall be granted in
accordance with Chapter 163, governing
applications of conditional uses; procedures, and
upon the finding that additional spaces are
needed.
TABLE 3
PARKING RATIOS
(UselRequired Spaces)
Residential
Single-family, duplex, triplex 2 per dwelling unit
Multi -family or townhouse 1 per bedroom
Commercial
Amusement
1 per 200 sq. ft. of GFA
Auditorium
1 per 4 seats
Auto/motorcycle service
4 per each
stations
enclosed service bay
Bank
1 per 200 sq. ft of GFA
Barber or beauty shop
2 per chair
Coin -operated laundry
1 per 3 machines
Hospital and convalescent
1 per bed
home
Hotels and motels
1 per guest room, plus 75%
•
of spaces required for
accessory uses.
Regional antique and
I per 500 sq. it of GFA
furniture
1 per 100 sq. ft. GFA plus 4
Restaurants
stacking spaces per drive-
thru window.
Retail
1 per 250 sq. ft of GFA
1 per 200 sq. ft of retail FA;
Retail fuel sales with
spaces at pump islands are
convenience stores
counted toward this
requirement
3 per each employee;
Retail fuel sales only
spaces at pump islands are
counted toward this
requirement
Office
Medical/Dental office
1
per 250 sq.
ft.
of GFA
Professional office
1
per 300 sq.
ft.
of GFA
Sales office
1
per 200 sq.
ft.
of GFA
Public and Institutional Uses
Nonprofit Commercial
Art gallery, library, museum
1 per 1,000 sq. ft. of GFA
1 per 4 seats, provided only
Auditorium
auditorium space is counted
in_determining_parking
I per employee plus on -site
Child care center, nursery
loading and unloading
school
spaces at a rate of 1 per 10
children accommodated
1 per 4 seats in the main
Church/religious institution
auditorium or I per 40 sq. ft.
of assembly area, whichever
provides more s aces
College auditorium
1 per 4 seats
College dormitory
1 per sleeping room
College or university
1 per 500 sq. R of
classroom area
Community center
1 per 250 sq. ft. of GFA
Detention home
1 per 1,500 sq. ft. of GFA
CD172:7
Fayetteville Code of Ordinances
Government facilities
1 per 500 square feet of
floor area
Funeral homes
1 per 4 seats in main chapel
plus 1 per 2 employees plus
1 reserved for each vehicle
used in connection with the
business
Hospital
1 per bed
Convalescent home
1 per bed
School —elementary and
I per employee plus 1 space
junior high
per classroom
School —senior high
I per employee plus 1 per 3
students based on design
capacity, or 1 per 6 seats in
auditorium or other places of
assembly, whichever is
greater
Zoo
1 per 2,000 sq. ft. of land
area
All other public and
institutional uses (only
1 per 4 occupants
auditorium space shall be
counted for churches,
auditoriums, or group
occupancy space)
Manufacturing/Industrial
Manufacturing
1 per 1,200 sq. ft. of GFA or
one per employee,
whichever is greater
Heavy industrial
1 per 1,200 sq. ft. of GFA
Extractive uses
Adequate for all employees,
trucks, and a ui ment
ices
Amusement park, miniature
golf
1 per 1,000 sq. ft. of site
area
Bowling alley
6 per lane
Commercial recreation
1 per 200 sq. ft. of GFA
Commercial recreation -large
sites
1 per 1,000 sq. ft. of site
area
Dance hall, bar or tavern
1 per 50 sq. ft. of GFA,
excluding kitchen
Golf course
3 er hole
Golf driving range
I per tee box
Park
2 per acre
Playfield. playground
None
Private club or lodge
1 per 500 sq. ft. of GFA or 1
per 3 occupants based on
the current adopted
Standard Building Code
s creater
Riding stable
not required to
paved
Tennis court
kpaved
per
Theater
perts
All other recreational uses
peru ants
Warehousing and Wholesale
Warehousing
1 per 2,000 sq. ft. of GFA
Wholesale
1 per 1,000 sq. ft. of GFA
Center for collecting
recycled materials
1 per 1,000 sq. ft. of GFA
(C)
Shared
parking.
Parking requirements
may be
shared
where it
can be determined that
the peak
parking demand of the existing or proposed
occupancy occur at different times (either daily or
seasonally). Such arrangements are subject to
the approval of the Planning Commission.
(1) Shared parking between developments.
Formal arrangements that share parking
between intermittent uses with nonconflicting
parking demands (e.g. a church and a bank)
are encouraged as a means to reduce the
amount of parking required.
(2) Shared parking agreements. If a privately
owned parking facility is to serve two or more
separate properties, then a "Shared :Parking
Agreement" is to be filed with the city for
consideration by the Planning Commission.
(3) Shared spaces. Individual spaces identified
on a site plan for shared users shall not be
shared by more than one user at the same
time.
(D) Reduced parking within mixed use
developments. Parking requirements may be
reduced where it can be determined that the
peak parking demand of the existing or proposed
occupancy occur at different times (either daily or
seasonally). Such arrangements are subject to
the approval of the Planning Commission.
(1) Request for parking space reduction. A
shared parking plan must be prepared to the
satisfaction of the Planning Commission
showing that parking spaces most
conveniently serve the land uses intended,
directional signage is proved if appropriate,
and pedestrian links are direct and clear.
(2) Calculating parking space reductions.
Parking space reductions can be determined
by a calculation using Table 4, Parking
Occupancy Rates. If the calculation does
show a parking space regulation reduction to
be feasible, the applicant shall submit a
parking reduction worksheet showing the
process for calculating the reduction as
outlined herein. The calculation using Table
4, Occupancy Rates shall be conducted as
follows:
(a) Determine minimum spaces required.
The minimum number of parking spaces
that are to be provided and maintained
'for each use shall be determined by
using Table 3, Parking Ratios.
(b) Calculate
occupancy
rates.
The
minimum
number of
parking
spaces
shall be
multiplied by
the "occupancy
rate" (the
percentage) provided
in Table
4, Parking Occupancy
Rates,
for each
CD172:8
TITLE XV. UNIFIED DEVELOPMENT CODE
use for the weekday night, daytime and
evening periods, and Weekend night,
daytime and evening periods,
respectively.
(3) Sum parking spaces. Sum the parking
spaces for the combined uses for each time
period. The number of parking spaces from
the time period with the highest calculated
number of parking spaces shall be the
number of spaces required_ for the shared
parking facility.
TABLE 4
Parking Occupancy Rates
(Percent of basic minimum needed durino time period)
Sat.&
Sat.
Sat.
M -F
M -F
M -F
Sun.
&
&
Uses
8am-
6pm-
12am-
Barn-
Sun.
Sun.
5pm
12am
Gam
5pm
6pm-
12am
5pm
-ham
Land Use Categories
Residential
60%
100%
100%
80%
100%
100%
Commercial*
90%
80%
5%
100%
70%
5%
Office
100%
20%
5%
5%
5%
5%
Public &
Institutional
100%
20%
5%
10%
10%
5%
Uses (non -
church)
Public &
Institutional
10%
5%
5%
100%
50%
5%
Uses church
Manufacturing/
Industrial
100%
60%
40%
50%
30%
10%
Warehouse/
Wholesale
100%
20%
5%
5%
5%
5%
Recreation
40%
100%
10%
80%
100%
50%
Spedic Commercial Uses
Hotel
70%
100%
100%
70%
100%
100%
Restaurant
70%
100%
10%
70%
100%
20%
Theater
40%
80%
10%
80%
100%
10%
Conference/
Convention
100%
100%
5%
100%
100%
5%
Source: Shared Parkins- Planning Guidelines. Institute of
Transportation Engineers.
Some specific uses have different occupancy rates. Check under
'Specific Commercial Uses' with the rest of the table.
(Ord. 4567, 05-04-04)
172.06 Parking Lot Location Standards
The location of all required and nonrequired parking
lots with five (5) or more spaces shall meet the
location requirements below. All conditional uses
hereunder shall be granted by the Planning
Commission in accordance with Chapter 163,
governing applications of conditional uses;
procedures.
(A) Permitted locations by right. Parking lots shall be
located within the same zoning district as the use
they serve. Required parking lots for uses
allowed by right within a zoning district are
allowed as a use by right in the same zoning
district. -
(B) Permitted locations as a conditional use.
(1) Parking lots located within residential zones
which serve uses in nonresidential zones
may be allowed as a conditional use by the
Planning Commission.
(2) Parking lots for uses allowed as conditional
uses within residential zones must also be
approved as a conditional use. A conditional
use for a parking lot may be approved at the
same time the use is approved or may be
approved separately if additional parking lots
are developed later.
The Planning Commission shall make a
finding based upon the size, scale, and
location of these activities that the proposed
parking lot will not adversely affect adjacent
residential uses or the residential character
of the neighborhood.
Cross reference(s)—Uses Conditions, Ch. 163
(C) Off -site locations. If off-street parking cannot be
provided on the same lot as the principal use due
to existing buildings or the shape of the parcel,
parking lots may be located on other property not
more than 600 feet distant from the principal use,
subject to conditional use approval by the
Planning Commission.
(D) Intermittent parking. Uses which generate only
intermittent demand for parking, such as
churches, may count available on -street parking
within 600 feet of the building as part of required
parking, subject to the approval of the Planning
Commission.
uu -
CD172:9
TITLE XV. UNIFIED DEVELOPMENT CODE
Y
i
OPTION2�
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llrIT�!IMIMiI�IMI�!�4!
---- - --.
11111 I
•
172.08 Nonconforming Parking Lots
All parking lots and/or parking areas which were in
existence prior to the effective date of this ordinance
may continue in a nonconforming state until such time
as the following shall occur.
(A) Rehabilitation. A building permit is granted to
rehabilitate a structure on the property exceeding
50% of the current replacement cost of the
structure. At such time, 50% of the existing
parking lot use area shall be required to be
brought into compliance with the provisions of
this ordinance. This shall continue on a
graduated scale in accordance with the
percentage of rehabilitation cost; and/or
(B) Enlargement or reconstruction. A building permit
is granted to enlarge or reconstruct a structure on
the property exceeding 10% of its existing gross
floor area. At such time 10% of the existing
parking lot and/or parking lot area shall be
brought into compliance with the provisions of
this section. This shall be on a graduated scale
CD172:11
Fayetteville Code of Ordinances
until reaching 100% of the required landscaping;
and/or
(C) New curb cut. A new curb cut permit is granted
for the nonconforming parking lot. At such time
the parking lot and/or parking area shall be
required to be brought into compliance with the
provisions of this ordinance.
Cross reference(s)—Variances, Ch. 156.
(Code 1965, App. A., Art. 8(9); Ord. No. 1747, 6-29-70: Ord.
No. 2380, 9-20-77; Ord. No. 2549, 8-7-79; Code 1991,
§160.117; Ord. No. 3870, §4, 2.21-95; Ord. No. 3962, §§1,
2, 4-16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No.
4127, §1 (Ex. A), 12-15-98; Ord. No. 4319, 6-5-01; Ord. No.
4412, (Ex. A), 9-3-02)
172.09 Off -Street Loading
In all districts, accessory off-street loading berths,
open or enclosed, shall be provided in conformity with
the requirements set forth in this section and shall be
so arranged so that parking and maneuvering will be
on private property.
(A) Number of off-street loading berths. The number
of off-street loading berths required for various
uses is set forth in the table below. The Planning
Commission may reduce these requirements
after receiving and reviewing a development plan
under the provisions of §§166.05 and 166.06.
(B) Location of off-street loading berths
(1) Same lot as use. Off-street loading berths
shall be located on the same lot as the use
for which they are provided.
(2) Setback or court space. Such berths may
occupy all or any part of any required
setback or court space, and no such berth
may be located closer than 50 feet to any
other property in an A or R district.
(3) Size. Each loading berth shall be at least 10
feet wide, 30 feet long and 14 feet high,
unless otherwise specified herein. Any
required off-street loading space shall be
surfaced with a durable and dustless surface
and shall be so arranged and marked as to
provide for orderly and safe unloading and
loading.
"See; Table
CD172:12
TITLE XV. UNIFIED DEVELOPMENT CODE
Floor area (sq. ft.)
Range of floor area
Additional floor areaft.) which necessitates
(sq.
Type of Use °
up to which no
(sq. ft.) for which one
and additional berth
berths are required
(1) berth is required
From
To
Apartment houses, apartment
hotels, group housing, and
50,000
50,001
200,000
260,000
hospitals
Auditoriums
40,000
40,001
100,000
100,000
Banks
40,000
40,001
100,000
100,000
Bowling alleys -
25,000 -
25,001
100,000
100,000
Established handling sale and
consumption of alcoholic
beverages, food or refreshments
on the premises; retail stores
(individual or in groups); furniture
and appliance stores, motor
vehicle sales, wholesale
establishments, household
-
equipment or furniture repair
shops, or machinery sales:
Truck Berths:
loft. x 25 ft.
2,000
2,001
8,000
10 ft. x 25 ft. plus
8,001
25,000
10 ft. x 45 ft. plus
25,001
40,000
10 ft. x 45 fl. plus
40.001
100,000
10 ft. x 45 ft. plus
100,001 . .
250,000
200,000
Hotels
40,000
400,001
150,001
150,000
Manufacturing and industrial
uses:
2,000
2,001
40,000
Plus
40,001
100,000
100,000
Mortuaries
8,000
8,001
100,000 .
100,000
Theaters
8,000
8,001
25,000
50,000
(a) In the case of a use not listed in the table, the requirements for the most similar use shall apply.
(b) One additional berth is required for the unit of additional floor area shown or major fraction thereof.
(Code 1991, §160.116; Ord. No. 4100, §2 (Ex. A), 6-16-98) .
CD172:13
Fayetteville Code of Ordinances
172.10 Bicycle Parking Rack
Requirements
(A) When bicycle parking racks are required. All
proposed new construction requiring twenty-five
(25) off-street, automobile parking spaces or more
shall require bicycle parking. All proposed or
required expansions in automobile parking lots
shall also meet the requirements of this ordinance.
(B) Amount of bicycle parking racks required. The
following table shall be used to determine the
minimum number of bicycle parking racks to be
provided. (Note: each rack equals two bicycle
parking spaces).
Total bicycle
Equivalent total
Equivalent total
racks required
off-street
off-street
automobile
automobile
parking required
parking required
by code in a non-
by code in a
residential
residential
development
development
1
25-30
25-50
2
31-60
51-100
3
61-90
101-150
4
91-120
151-200
5
121-150
201-250
1 additional rack
Each additional
Each additional
per!
100 spaces
150 spaces
(C) Definition of a bicycle parking rack. Each bicycle
parking rack holds two bicycles. Each rack shall
be an inverted U -type rack (as per specifications).
space where on -street parking is permitted
unless approved by the City Engineer.
(5) Bicycle parking racks shall have a 15' 0"
clearance from the edge of fire hydrants.
(6) Bicycle parking racks should have a 4' 0"
clearance from existing street furniture,
including mailboxes and light poles.
(7) Bicycle parking rack location shall not interfere
with ADA standards,
(F) Variations in requirements.
(1) Reduction allowance. Up to 10% of required
automobile parking may be substituted with
bicycle parking at a rate of one additional
bicycle rack for one automobile space. This
reduction shall be allowed in addition to other
variances, reductions and shared parking
agreements. The 10% reduction allowance is
based on the total required parking before any
variances are applied.
(2) Shared bicycle parking. Any property owner
required to have bicycle parking may elect to
establish a shared bicycle parking facility with
any other property owner within the same
block to meet the combined requirements.
(G) Procedure for compliance.
(1) For projects requiring bicycle parking, the
bicycle parking shall be indicated on the site
plan that is submitted to the Planning Division
for approval. All site plans must be drawn to
scale.
(D) Spacing of racks. Each bicycle parking space shall
(2) Shared bicycle parking agreements that meet
have 2' 0" x 6' x 0" clear space, paved or unpaved,
the requirements of this ordinance shall be
beside the rack allowing each rack to potentially
automatically approved.
count as two spaces. The 2' 0" dimension may
overlap another bicycle parking space such that
(H) Specifications,
racks positioned in a parallel row may be 2' 6" on
center (See: Figure 1).
(1) Design. Each rack shall be an inverted U -type
rack designed with either extended legs for
(E) Position of bicycle parking racks.
embedment in concrete footing, or with steel
flange for bolting onto paved surface. The
(1) Bicycle parking racks should be located within
apex of the U shall be 2' 9" - 3' 0" above the
50 feet of a public entry.
ground. The legs of the U -shape shall be 1' 6"
on center.
(2) Bicycle parking facilities should have adequate
lighting for the operation of combination and
(a) With embedment. The rack legs shall
key locks at night and to minimize theft.
extend 9" into a concrete footing. Before
applying finish, the pipe shall be drilled 3
(3) Bicycle parking racks should be positioned so
inches above the base and fitted with a 6
that no pedestrian traffic is impeded.
inch long, 7/16 inch diameter steel cross
bar. This cross bar shall be welded into
(4) Bicycle parking racks should not be located
place, lies horizontally and acts as an
within bus stops, loading zones, or other curb
anchor.
CD172:14
TITLE XV. UNIFIED DEVELOPMENT CODE
(b) With flange mount. A pre -drilled, steel anchoring cross bar has been fitted in a drilled
flange, minimum 8 inch square, shall be hole (Embedment Method).
welded to the bottom of each leg before
final finish is applied. The flange shall (4) Anchoring the rack. Paving is not required,
have a minimum of three bolt holes. Each however, racks shall be securely anchored
bolt hole shall accept a 1/2 inch diameter through one of the two following methods:
steel bolt.
(2) Materials. Racks are to be constructed of 1Y:
inch, Schedule 40 steel pipe (1.90" x 0.145"
wall). The pipe shall be bent in one piece (not
welded in sections).
(3) Finishes. Unless the pipe material is stainless
steel, the pipe shall have PVC coating,
powdercoat finish or hot -dipped galvanized
finish applied after the flange has been welded
in place (Surface Mount Method) or the
(a) With embedment. The rack shall be
embedded in a minimum of 9 inch
diameter, 10 inch deep concrete footing.
(See: Illustration —Embedded Anchor
Mount)
(b) With flange mount. Racks shall be
anchored with 3 inch anchor bolts,'/z inch
in diameter. Mounting flange shall be a
minimum % inch plate. (See: Illustration —
Flanged Surface Mount).
Figure 1. Two racks spaced 2 feet 6 inches on center and equaling 4 parking spaces.
CD172:15
Fayetteville Code of Ordinances
/
2 4
i
0
DRILL PIPE 3'
ABOVE BASE
6- LONG, 7t16.0
STEEL CROSS
BAR, WELDED
EMBEDDED ANCHOR MOUNT THRU HOLE
(Ord. No. 4293, 2-20-01)
172.11-172.99 Reserved
1W MIN.
/ /
8MIN. STEEL FLANGE
FLANGED SURFACE MOUNT
MIN. 8' SQUARE
FLANGE
MIN.'(3) 1%
STAINLESS STEEL
CONCRETE
ANCHOR BOLTS
CD172:16
TITLE. XV UNIFIED -DEVELOPMENT CODE
CHAPTER 177: _LANDSCAPE. REGULATIONS
177.01
PURPOSE..
...............................................................................................
.......
177.02
CITY OF FAYETTEVILLE TREE PRESERVATION, PROTECTION, AND
LANDSCAPE
MANUAL..........................................................................................................................................3
177.03
LANDSCAPE PLAN REQUIREMENTS...........................................::..........................................4
177.04
SITE DEVELOPMENT AND PARKING LOT STANDARDS.....;:3r:.............................................5
177.05
._ ` s
STREET TREE PLANTING STANDARDS
...... .......................................8
........................�.:::......,:;,:..;.
tiS.
.L
177.06
..
STORMWATER FACILITIES %.. '
.......................................:.....
............................10
177.07
LANDSCAPING FOR EROSION CONTROL... '
..........................11
....:.......................................
177.08
TIMING OF INSTALLATION
11
.............
177.09-177.99
RESERVED
...................................................................................................................11
4s
•
raj { mrtn:
00177:1
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 177: LANDSCAPE REGULATIONS
177.01 Purpose
(A) It is the purpose of this chapter to preserve and
protect the health, safety, and general welfare,
preserve and enhance the natural beauty of
Fayetteville, and create an attractive,
environmentally sound and healthy urban
landscape for the residents of the City of
Fayetteville to enjoy by providing for regulations
of the design, planting, establishment and
maintenance of spaces impacted by
developmental practices.
(B) The standards found within this chapter
accomplish these purposes with existing and new
vegetation by:
(1) Promoting the beautification of the City of
Fayetteville and enhancing its aesthetic
quality;
(2) Promoting reasonable conservation and
replenishment of valued tree canopy and
vegetation;
(3) Aiding in restoring ecological balance .b
contributing to air purification, oxygen
regeneration, and ground water recharge;.
(2) Trees, shrubs, groundcover and grass shall
be the primary source of landscaping and
shall be retained and/or placed in such a
manner as to reduce water runoff and
provide for safe sight distances, at
intersections and points of access.
(3) The current property owner shall properly
maintain all ;landscaping and shall replace
any landscaping that dies or is damaged.
Landscaping that dies or is damaged shall
be ,removed and replaced by the current
.*: e'
ownerr of the property. The owner shall have
.,;.,.
'sixty.. (60) daysfrom the receipt of written
notice issued'tiy the City of Fayetteville to
remove and .:place any required
landscaping that die's or is damaged.
,m
(4) Native vegetation is preferred. Vegetation
requiring minimum watering is also
preferred.
it
(5)`Preservation is primary; therefore
landscaping shall make a concerted attempt
t6- incorporate ' existing on -site trees and
shrubbery.
(4) Providing for vegetation to reduce storm (6) Providing outdoor spaces and places for
water runoff and the otential: dama a it may.. "people to gather is strongly encouraged.
P 9 y
create; (7) The City of Fayetteville's Landscape Manual
(5) Achieving a meaningful urban'.landscape shall be used in support of this chapter to
" "^ explain specific objectives and principles and
while permitting ebonomically feasible urban P P 1 P P
to development occur , to provide a resource for guidance in
P s_Y; t
�_. implementing all landscape plans.
(6) Creating a ,, ,healthy' environment for
Fayetteville :residents, businesses, and
industries; "`' 177.02 City Of Fayetteville Tree
Preservation, Protection, And Landscape
(7), -'Moderating the harmful effects of sun, wind, Manual
and temperature changes; The Urban Forester, in cooperation with other
members of city staff, shall promulgate and
(8) Buffering noise, air and visual pollution; periodically revise forms, procedures and regulations
x to implement this chapter and publish this information
(9) Screening .: incompatible.land uses and in the City of Fayetteville Tree Preservation,
enhancing theappearanca of parking lots in Protection, and Landscape Manual.
all zoning distridts; ?."'"
(10) Promoting energy conservation; and (A) Copies of the Tree Preservation, Protection, and
Landscape Manual are to be made readily
11 Protecting and enhancing roe values. available to the public and shall include, but need
(ii) property rtY not be limited to:
(1) Specific (C) Principles. This chapter shall be enforced landscape plans;criteria for gaining city approval of
according to the following principles:
1 Sufficient landscaping shall provide (2) The format and content of reports and plans
(1) P g the applicant must submit to the city
beautification, soil stability and suitable pursuant to this chapter,
drainage.
CD177:3
Fayetteville Code of Ordinances
(2)
The location of property lines and the
(3) A glossary of important terms used in this
dimensions of the tract.
chapter;
(3)
Site features:
(4) Size and species requirements for trees
a) Existing vegetation (See Tree
planted for parking lots, screening or to meet
Preservation & Protection Ordinance for
other necessary criteria; and
specific criteria.)
(5) Maintenance of trees (including but not
b) The approximate center line of all
limited to pruning, irrigation, and protection
existing watercourses.
from disease).
c) The location and size of existing and
(B)
The Tree and Landscape Advisory Committee
proposed drive aisles, streets and
shall review and may recommend revisions to the
alleys, parking areas and other
Tree Preservation, Protection, and Landscape
improvements to the site.
Manual at least every three years to reflect
changes in arboricultural and horticultural
d) Existing and proposed utility easements
practices, lists of preferred tree species, city
and overhead utility lines on or adjacent
policies, or the content of this chapter.
to the lot.
(Ord.
No. 4340, 10-2-01)
e) Existing and proposed sidewalks on or
adjacent to the lot.
177.03 Landscape Plan Requirements
0 Location of all existing and proposed
(A)
Applicability. The provisions of this section shall
points of access.
apply to proposed subdivisions, large scale
developments and other development as
g) Existing and proposed structures on the
indicated below required by the Unified
property.
Development Code to go through the city's
permitting process.
h) Existing topography and proposed
grading.
(1) Subdivisions and large scale developments.
Applicants seeking approval of proposed
(4)
Proposed landscaping. The landscape plan
subdivisions and large scale developments
shall indicate the number and species of all
shall submit a detailed landscape plan.
plants, the size of each species at the time of
planting, the spacing requirements for each
(2) Building permits. Landscape plan
plant, and the type of edging and mulch to
requirements shall apply to all permit
be used for the planting areas.
applications for nonresidential construction,
and the construction of multi -family
(5)
The Planting Plan may be incorporated with
residential buildings composed of three or
the Site or Grading/Tree Preservation Plan.
more dwelling units.
(6)
Planting details and/or specifications.
(3) Parking lots. Landscape plan requirements
Planting and installation details are to insure
shall apply to all permit applications for the
compliance with all required landscaping
construction of parking lots with five (5) or
standards.
more spaces.
a) All landscaping shall be planted within
areas that minimize maintenance and
(B)
General. The Landscape Plan required for
jeopardy of plant damage: this includes
subdivisions and large "scale developments shall
such areas as tree lawns, tree islands,
be prepared and sealed by a registered
urban tree wells, foundation plantings
Landscape Architect. The Landscape Plan
and free-standing beds.
required for building permits and parking lots may
be prepared by a landscape designer.
b) Planting beds shall have amended soil
to insure the health of the plant
(C)
Submittal of plans. The following information
materials.
shall be included with a landscape plan submittal:
c) All new plantings shall be mulched in
(1) The date, scale, north arrow, project name,
accordance with the guidelines
name of Landscape Architect/designer and
established for ,landscape installation in
name of the owner/developer.
the Landscape Manual.
CD177:4
TITLE XV UNIFIED DEVELOPMENT CODE
d) All sod shall be removed within the an administrative determination, as permitted by
planting bed and mulch shall cover the the Unified Development Code, with the following
bare soil to ease maintenance, results:
e) Sod or organic mulch will be allowed in (1) Approve/Recommend the landscape plan as
tree lawns and tree islands if no other complying with the requirements of this
plant material is included within these chapter, or
areas.
(2) Approve/Recommend the landscape plan
0 A planting bed shall be contained by with conditions which bring it into compliance
edging material other than vegetation. with the requirements of this chapter; or
g) Planting details/specifications shall be (3) Reject the` tlandsca aplan as failing to
1 3, P
included on the landscape plan, in complyywith?the requirements of this chapter.
accordance with the Landscape Manual.
(7) Size and type of plant material. the
177.O4`Site Development and Parking Lot
a) All plant material shall meet Yw
Landsca
requirements established by the - pe Standards
American Standard for Nursery Stock.-
(A) Applicability. A detailedwaandscape plan is
b) Deciduous trees shall have a inimum ;.
;-' required to be submitted 'fot+tall development
of two (2) inch caliper and evergreen
r° when either._new developmentorexpansion of
trees shall have a minimum height of x,;-, 25% of the existing building' square footage
eight (8) feet at the time of installation, a° ocgyt nd for all new or expanded parking lots
unless otherwise approved by theUrban containing five (5) or more spaces. Landscape
Forester.
�. plans shall be submitted with the application for
n x^LLt�
building permit or parking lot permit. Submittals
c) Shrub size at the time of planbngshall tt ° }, , shall co.nform to the standards established within
be a minimum of three (3) gallon <. 7. ,this chapter. -
containers with an expected heighrtf'
three (3) feet or,more.;within two (2) (8) General requirements.
. years of installation; ) � 'ry4u
(1) Separation of landscaped areas and
d) Plant specien tailed in vehicular use ° ;' vehicles. All landscaped areas shall be
areas are,tdbe approved by.'ttie Urban -, protected from potential damage by vehicles
Forester. '' ( rz* , x< by placing concrete curbs or wheel barriers
ad acent to the landscaped area.
e) Acce table species,oftees are listed,
P 2 Vehicle overhangs A
within ° the: Ci �' of=` Fayetteville's (2) 9 � portion of a standard
�P a ty y parking space may be landscaped instead of
L'andsca a Manual paved to meet part of the landscaping
f)Y Protective Penang shall be p ovided for requirement. The landscaped area may be
up to two feet of the front of the space as
preserved trees 'and: other vegetation P
, measured from a line parallel to the direction
during construction,,assrequired by §167
of the bumper of the vehicle using the space.
Tree Preservation and l?rotection. Landscaping may only be groundcover
g) Ades option of the,type of irrigation
plants in the overhang area.
system- used forF each required (3) Maintenance. The current owner of the
landscape;area shall be included.
i) An automated irrigation system is property shall be responsible for the
encouraged to ensure adequate maintenance of all required landscaping.
moisture to plant material.
ii) In landscaped areas without an a) rogation system. Some method of
automated irrigation system, hose irrigation shall be required in landscaped
bibs (water spigots) shall be areas. An automated irrigation system
installed at a ratio of one for every is encouraged .to ensure adequate
one hundred (100) feet. moisture to plant material. In
landscaped areas without an automated
(D) Plan Review. Upon receipt of the landscape irrigation system the installation of hose
plans, the Urban Forester shall make a bibs (water spigots), installed one for
recommendation to the Planning Commission or . every 100 foot radius, will be required.
CD177:5
Fayetteville Code of Ordinances
b) Planting beds. All landscaping shall be
planted within areas designated as
planting beds. Planting beds shall have
amended soil to insure the health of the
plant materials. All sod shall be
removed within the planting bed and
mulch shall cover the bare soil to ease
maintenance. Sod will be allowed in
tree lawns and tree islands if no other
plant material is included within these
areas.
c) Replacement landscaping. Land-
scaping that dies or is damaged shall be
removed and replaced by the current
owner of the property. The owner shall
have 60 days from the receipt of written
notice issued by the city to remove and
replace any required landscaping that
dies or is damaged.
(C) Interior landscaping requirements.
(1) Amount of landscaping. Parking lots
containing ten (10) or more spaces shall be
landscaped with one of the following options:
a) Option 1. Narrow tree lawn.` A
continuous landscape strip between
rows of parking. The minimum widthigf
a tree lawn shall .b&']ht. g`ht ,feet (8'); tie
minimum area shall lb e30ofsquare feet.
One tree every" T2 parking ,%paces or
one tree :eveiy thirty Ii`near feet,
whicheve''r; riivides more canopy, shall
be plantedi°vith,this option: Trees may
be grouped or spaced within"the lawn
area.
UYI 'UN ,
b) Option 2. Tree'4sland. The minimum
width of a tree island shall be eight feet
(8'); the minimum area shall be 150
square feet. One tree shall be planted
for every 12 parking spaces with this
option, with a maximum run of 12
parking spaces permitted without a tree
island.
--4 ,y
tr
OPTION 2
(2) Placemeht.r6 rees. Interior trees shall be
placed'ro°n 'either side of points of access
(entry e•'dbves, exit drives) within tree
islands, as indicated in the Landscape
Manual. °
ir•,
'Py Tree planting. All trees planted to meet
these requiremenlshall be deciduous
eshade trees. Species 'selection shall be
chosen from the approved list of trees found
in theJ ppendices of the City'of Fayetteville
Landscape Manual. Alternate tree species
sefections may be approved by the Urban
" TForester.
(4) Calculation of area. Required perimeter
landscaping may not be substituted for
interiollandscaping. However, it is
irecognized that interior landscaping may join
p,e
enrr meter landscaping. In such cases,
landscaping which extends four (4) feet or
more into the parking area may be included
in the calculation of interior landscaped area.
(5) Exceptions. All parking lots used solely for
the purpose of providing areas for the
display and storage of motor vehicles for
sale, lease, and rental shall be exempt from
the interior landscaping requirements.
(D) Perimeter landscaping requirement Proposed
development shall be landscaped meeting the
following requirements:
(1) Side and rear property lines. All parking lots
shall have five feet (5') of landscaped area
between the property line and parking lot.
The two foot (2') vehicle overhang option
may be included to meet this requirement.
Depending on the use and location,
additional landscaped area and screening
may be required along propertylines.
(2) Property lines adjoining street right-of-way.
a) Landscape area required. A fifteen (15)
foot wide landscaped area shall be
provided along the front property line
exclusive of and adjacent to the Master
Street Plan right-of-way. Points of
CD177:6
TITLE XV UNIFIED DEVELOPMENT CODE
access (entrance drives, exit drives) and
sidewalks are allowed to cross the (3) Tree Planting.
fifteen (15) foot landscaped area a) Large species trees shall be planted in
provided the integrity of the landscaped the required fifteen (15) foot landscaped
area is maintained, area containing one (1) tree per thirty
(30) linear feet along the front property
b) Design Overlay District. Within the line. Trees along the perimeter may be
established boundary of the Design grouped to allow flexibility -in design.
Overlay District, a twenty-five (25) foot The maximum allowed grouping may be
wide landscaped area shall be provided up to twenty-five (25%) percent of the
along the front property line exclusive of required number of street trees.
the Master Street Plan. right-of-way ,
(§161.24). Points of access (entrance b) Specieelection shall be chosen from
drives, exit drives) and sidewalks are the approved list of trees for
allowed to cross the twenty-five (25) foot landscaping found in the appendices of
landscaped area provided the integrity tithe L,City of Fayetteville Landscape
of the landscaped area is maintained. Manu""al Alternate tree species
•' selections, may be approved by the
o
c) Residential zones. Except for permitted r. -.d Urban Forester:; No more than 25% of
At'.'"
entrance drives, every development *.', trees planted to meet perimeter
in re shall be landscaped for an equal and r ; landscaping q.uirements may be
uniform width of 15 feet parallel to the evergreen. S,
front property line(s) street right-of-way. a4 a'F
Single family residential uses shall be 4 c) Iplanted trees shall have a two (2) inch
exempt from this requirement. .:caliper (diameter) measured six (6)
inches above ground level at the time of
d) Nonresidential zones. Except for., "ti' : planting.
permitted entrance drives, `.every,; ! '.
development shall be landscaped foran ;: d) At;the request of the developer, the
equal and uniform width of 15'feet ,ti Urban Forester may exempt specific
parallel to the front property line(s),. ,Z "the
from required tree planting where
street right of viay: � Properties t c-, 4i the terrain, existing trees or other
developed with(an;urban;streetscape,' ,, -,- -physical limitations make the planting of
utilizing urban ,tree wells ask, defined
j. new trees impracticable. In cases of
herein, shall.v:de exempt tJr&n this ' ; existing overhead power lines, small
requirem&iLi. Ply' trees shall be planted that will not
r 'Ai i T =;'`` interfere with the existing power lines.
e) _Shade. All tree planting locations shale;. Species selection shall be approved by
attempt to achieve shade for parking rt* ,- the Urban Forester.
lots, cars, benches, pedestrian
walkways, etc., by utilizing aspect and
locating trees along the south and west
boundaryof these areas `+. .
Screening. Parking `lots containing five
(5)� or more spacesshall be screened
frorri' the public . right-of-way and
',
adjacerit,properties;where said parking
re , .r
areas arg,=adjacent to'residential zones,
with shrulis;and/or graded berms. If
graded berf isare used, shrubs are also
required.
g) Perimeter planting location. All plantings
noted herein shall be installed within the
required landscape area. Subject to
approval by the Urban Forester,
required trees and shrubs may be
planted within the right-of-way or outside
the required landscape area parallel to
the street right-of-way only in
extenuating circumstances.
(4) Shrub Planting.
a) Parking lots adjacent to a street right-of-
way shall have shrubs planted in
continuous rows. A minimum of eight (8)
shrubs shall be planted for every tree
required in the landscape area adjacent
to a right-of-way. The requirement for a
continuous planting of shrubs is
intended to lessen the effect of
extensive paving. Groupings of shrubs
are encouraged; however, a continuous
planting will be required as well. A
minimum 50% of shrubs shall be
evergreen.
b) Planting locations of required shrubs
shall be appropriately spaced between
trees in either groups or continuous
rows.
c)
Shrub
size at the
time of planting shall
be a
minimum
of three (3) gallon
CD177:7
Fayetteville Code of Ordinances
containers with an expected height of c) Plans shall identify the size and quality
three (3) feet or more within two (2) of trees which must meet or exceed the
years of installation, standards adopted in the Landscape
Manual.
(5) Ground Cover Planting. All landscape areas
shall be re -vegetated with appropriate d) Indicate the location of all points of
perennial groundcover. Prior to certificate of access (driveways, sidewalks and public
occupancy, all bare soil shall be adequately & private utilities) within the proposed
covered in accordance with the Unified development. The developer shall
Development Code. ensure that driveways, sidewalks,
utilities, etc. will not endanger the
177.05 Street Tree Planting Standards livelihoo&of the proposed trees, and
shall,pl2ri accordingly.
(A) Applicability. All new developments that create
or develop along a public or private street shall e) .AzExl!Vlaintenance Agreement and
be required to establish street trees in i `.andscape Establishment Guarantee
accordance with the standards and procedures
r hall bstablished. All plans shall
include a':binding three (3) year
provided for in this sectionand maintenancsfand monitoring plan, which
and . the adopted
policies of the Landscape Manual _,•
Fayetteville's Tree Ordinance. shall hold the diveloper responsible for
the health of all piaiited trees.
(1) All Street Tree Planting Plans shall follow the
submittal criteria set forth in Ch. 177.03 f) Approval of a Maintenance Agreement
Landscape Plan Requirements. =and Landscape ` Establishment
...&Guarantee shall be contingent upon the
(2) Street Tree Planting Requirements Developer depositing with the City of
a) Plans shall indicate the spacing'oftrees .. Fayetteville one of the following:
along all newly created public ,.and 'currency, bond, irrevocable letter of
private streets within the development ' -.credit or other surety. The amount shall
site. At the request of the developer„ lie •equal to the estimated cost of
the Urban Forester may exempt specific materials and labor for all trees at the
areas from requirefftrdgiiplanting wheretime of planting. The bond, irrevocable
the terrain or xisting trees !make the,letter of credit or other surety must cover
the •entire three (3) year maintenance
planting ofvdnew trees impracticable. Examples, include, but are notllimited to: and monitoring period. The developer
shall submit cost estimates to the Urban
i) Where the finish grade :slope in .the Forester for approval.
planting area betweenahe top ^ba`"ck
of the street cur'tand the property'= g) Upon completion of the three (3) year
line is, iln excessof thirty (30%) landscape establishment period, the
percent. ' Urban Forester shall inspect the site and
determine whether ninety (90%) percent
ii) Where bedrdiis encountered with of the trees are healthy and have a
in thirty (30) inchets of finish grade in reasonable chance of surviving to
the planting area between the top maturity. Upon such a finding, the City
back of the curb. and the property of Fayetteville shall release the
currency, bond or letter of credit.
iii) Where?existing'b althy trees that are h) In the absence of such a finding, the
shown- tie preserved within the developer shall be notified to replace
right-of-wey are in such close any unhealthy or dead trees, or take
proximity they would prevent a new other appropriate action as approved by
tree from establishing a full canopy the Urban Forester. If the developer
when mature. does not take remedial steps to bring
the property into compliance, the City of
b) Plans shall identify the species of trees Fayetteville shall use the necessary
to be planted, which must be selected monies from the Landscape
from the Landscape Manual or Establishment Guarantee to do so.
otherwise approved by the Urban i) to the event trees are injured or
Forester. Street trees shall be large
species canopy trees, destroyed by natural disasters, including
but not limited to, tornadoes, straight-
CD177:8
TITLE XV UNIFIED DEVELOPMENT. CODE
line winds, ice storms, fire, floods, hail or
lightning strikes, or through the
independent actions of their parties, the
developer shall be relieved of the
responsibility of replanting the tree or
trees so affected.
j) Contain such other information as may
be required to reflect how the plan
addresses the remaining policies within
the Landscape Manual.
(3) Street tree plantings that are above and
beyond the requirements as established
herein may count as on -site Tree Mitigation,
with approval of the Urban Forester.
(4) Timing of planting. The Urban Forester shall
recommend to the Planning Commission the
option that will potentially result in
accomplishing the most objectives of this
chapter.
a) Street Tree Planting with infrastructure
(subdivisions only). The developer may
choose to provide a landscape plan that
conforms to the regulations herein, with
. all landscaping along streets t0 be.
installed prior to final plat approval -and
acceptance of public improvements
associated with the development. If
planted prior to final' plat%.approval, the,
developer shall provide proper measures N,
to ensure the:longevity of health of all
planted tree" ..during development of
individual lotsi.br
b) Street Tree Planting with development:.
(subdivisions only),: The developer may,
•choo'se�tb provide a landscape plan that
conforms to.the regulations herein only to
the extent that future development on lots
created by the='subdivision shall be
't:. ;+•.responsible for individual landscape
plans as each lot develops.
t,.
c) Streeta.Tree Planting "r with concurrent
development. Where development
approval - is. requested (large scale,
building pe`miitparking lot permit, etc),
the deveiopershall provide a detailed
landscape plan( that conforms to the
regulation established by this chapter.
d) Street Tree Planting Plans shall be
submitted with the plans submitted for
development or subdivision approval by
the Planning Commission, in accordance
with the options listed herein.
e) A written description of the method(s)
and time frame the project will utilize to
track development of each individual lot
shall be submitted by the developer to
ensure the required street trees are
planted and their longevity of health
assured.
(B) Street Tree Planting Plan Requirements for
Proposed Residential and Non -Residential
Subdivisions.
(1) Residential Subdivisions. Submittals for all
proposed ;residential subdivisions shall
include a street tree planting plan at the time
of final plat submittal.
1. ...
a) A:minimum of one (1) two-inch caliper,
Mar e'^s'ecies tree ,. g p per lot shall be
planted. : 'a
It YA.
b) Street trees shallbe planted within or
along the right-of-way; where possible,
between the sidewalk and the curb.
Location shall be approved by the Urban
Forester. ,Refer to the Landscape
vManual for spacing requirements.
(2). Non -Residential Subdivisions. Submittals for
all. proposed non-residential subdivisions
shall include a street tree planting plan at the
time of;final plat submittal, or in accordance
the'option approved- for Timing of
,Planting as required by this chapter.
a) A minimum of one (1) two-inch caliper,
large species tree per 30 linear feet of
frontage shall be planted.
b) Street trees shall be planted within the
required landscape area. Location shall
be approved by the Urban Forester.
Refer to the Landscape Manual for
spacing requirements.
(3) Street Tree Planting Plan Requirements for
Urban Streetscapes. Submittals for all
proposed developments that incorporate an
urban streetscape, in which wide (ten feet or
greater) pedestrian sidewalks are adjacent to
the curb and building replace those
development patterns mentioned above,
shall include a street tree planting plan at the
time of development submittal.
a) A minimum of one (1) two-inch caliper,
large species tree per 30 linear feet of
street frontage or every 10 parking
spaces, whichever provides the most
trees, shallbe planted with this option.
b) Location of trees shall be approved by
the Urban Forester to ensure adequate
spacing, access and visibility is
CD177:9
Fayetteville Code of Ordinances
maintained. To meet this goal for the
public health, safety and welfare, the
spacing of trees may be varied with
approval of the Urban Forester.
c) Trees shall be planted within urban tree
wells. The minimum width of an urban
tree well shall be four feet (4'); the
minimum area shall be 16 square feet.
This option is only permitted to allow
trees planted within wide sidewalks, in a
downtown/urban fashion.
d) Tree wells shall be covered with either a
tree grate or some form of permeable
pavers, (brick or stone), to be approved
by the Urban Forester.
e) Structural soil or similar treatment shall
be utilized with this option (see
Landscape Manual for specifications).
f) Street tree planting plans utilizing this
option shall follow the construction
procedures and details as outlined in the
Landscape Manual.
177.06 Stormwater Facilities
(A) Applicability. All development required to install
dry surface stormwater facilities (detention
ponds) shall conform to the requirements herein.
A landscape plan shall be submitted and
approved prior to issuance of a permit or at the
time of final plat (whichever'is applicable). All
required plantings •shall be installed prior to
issuance of a Certificate of Occupancy or filing of
a final plat (whichever is applicable).
Development that utilizes retention, underground
or parking lot detention, or alt6mative stormwater
management measures as approved by the
Urban Forester and City `Engineer shall not be
required to meet the requirements of this chapter.
(B) GenerafRequirements. It is critical that selected
plant materials are appropriate for soil, hydrologic
and other exacting site conditions.
(1) All plants within required stormwater facility
areas shall be appropriate species selected
from the Landscape 'Manual or approved by
the Urban Forester.
(2) The design for plantings shall minimize the
need for herbicides, fertilizers, pesticides or
soil amendments at any time before, during
and after construction and for a long-term
basis.
(3) Plantings should be designed to minimize
the need for mowing, pruning and Irrigation.
Grass or wildflower seed shall be applied at
the rates specified by the suppliers. If plant
establishment cannot be achieved with
seeding by the time of substantial completion
of the stormwater facility portion of the
project, the contractor shall plant the area
with wildflower sod, plus, container plants or
some other means to complete the specified
plantings and protect against erosion as
approved by the Urban Forester.
(4) Plantings shall not impede the primary
function of the stormwater facility, as
identified In the Unified Development Code.
Should plantings be proposed that call into
question' the ability of the stormwater facility
to operate to the satisfaction of the City
Engineer, the developer shall provide
sufficient information (calculations, etc.) for
review, at the titneof submittal.
'(C) Detention Ponds. These are stormwater facilities
that do not have standing water, for more than a
few hours per storm event. Vegetation helps
improve infiltration functions, protects from rain
and wind erosion and enhances aesthetic
conditions.
(1) The e Stormwater Facility area is defined to be
equivalent to the area of the detention basin,
including the bottom and the side slopes,
plus a ten (10) foot buffer around the
detention basin.
(2) The developer shall install minimum plant
material quantities per 3000 square feet of
the stormwater facility area as follows:
a) One (1) evergreen or deciduous tree:
i) Evergreen trees: Minimum height of
six (6) feet.
ii) Deciduous trees: Minimum caliper of
one and a half (1Y) inch at six (6)
inches above the base.
b) Four (4) large shrubs/small trees, three
(3) gallon containers or equivalent.
c) Six (6) shrubs/large grass -like plants,
one (1) gallon containers or equivalent.
d) Ground cover plants, one (1) per twelve
(12) inches on center with triangular
spacing, unless seed or sod is specified
and installed.
e) At least fifty (50%) percent of the •facility
shall be planted with grasses or grass-
like plants, or as otherwise required by
the Unified Development Code.
CD177:10
TITLE XV UNIFIED DEVELOPMENT CODE
f) Wildflowers, native grasses and ground more shall also required long lived vegetative
covers shall be designed to require cover.
mowing no more than twice annually.
(1) In order to establish a good stand of
(3) Trees planted within stormwater facilities vegetation, seedbeds shall consist of
may be utilized to meet on -site Tree appropriate soil texture, structure, moisture,
Mitigation requirements, subject to approval nutrient content, depth and internal drainage.
by the Urban Forester.
(2) Seeds shall be evenly applied.
177.07 Landscaping for Erosion Control
(A) Applicability. Those developments requiring a
grading permit shall conform to the following
requirements.
(B) General Requirements. Erosion control
measures shall be installed as soon as practical
and prior to the final approval. Prior to vegetation
controls, all other appropriate erosion control
strategies should be in place.
(3) Mulching shall be used to reduce water
runoff, windblow and increase moisture
conditions bf:seedlings.
(4) Re -seeding is required in areas which fail to
establish Vegetation — after investigating and
remediation' of.such failure. • (E): Sodding. Grass sod- ''shall be installed where
disturbed areas require immediate vegetative
covers or where sod is preferred to other forms of
grass establishment.
(1) The faces of cut and fill slopes which (F) Vegetative Streambank Stabilization. Re -
measure five (5) feet or greater in vertical vegetation shall be required where banks in
height shall be treated and, maintained to creeks, streams and rivers, subject to erosion
control against erosion for the protection of from: excess runoff, have been eroded from land
the public health, safety and welfare. disturbance due to the development.
(2) Landscape materials on graded slopes shall
be designed to be compatible with adjacent:
natural vegetation and shall;be suitable for
the climatic, soil and ...ecological
characteristics of the area. Non=invasive,
drought tolerant' materials shall be -selected
as approved-: by the Landscape
Administrator.
(C) Temporary Seeding. Temporary Seeding is
required, where, exposed soils are not to be fine
graded, for periods df_twenty (20).days or more.
Such -areas include..` denuded areas, soil
stockpiles, dikes, sides ":of sediment; basins,
temporary roadbanks and parking areas, storage
areas, etc.
(1) Seeds �shallbe evenly applied.
(2) Mulching shall, be usedto reduce water
runoff, windblow :arid' increase moisture
conditions of seedlings.
(3) Re -seeding is required in areas which fail to
establish vegetation — after investigating and
remediation of such failure.
(D) Permanent Seeding. Permanent seeding is
required where disturbed areas will be permanent
and where long lived vegetative cover is needed
to stabilize soils. Rough graded areas which will
not be brought to final grade for one (1) year or
(5) Revegetation shall be consistent with all
other required erosion control measures.
(6) Landscape materials shall be designed to be
compatible with adjacent natural vegetation
and shall be suitable for the climatic, soil and
ecological characteristics of the area.
177.08 Timing of Installation
Required landscaping shall be installed prior to the
issuance of a final Certificate of Occupancy or filing of
the Final Plat, whichever development procedure is
most applicable. A 90 -day temporary certificate of
occupancy may be issued or a final plat may be filed
once the owner deposits, with the city, U.S. currency
or an irrevocable letter of credit in an amount equal to
150% of the estimated cost of the uninstalled plant
material. The letter of credit must be from a bank or
banking institution doing business within the State of
Arkansas which is a member of the Federal Deposit
Insurance Corporation.
177.09-177.99 Reserved
CD177:11
Landscape Manual
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City of Fayetteville Landscape Manual
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ARKANSAS
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Landscape Manual
i S Standards and Specifications for
+ Tree Preservation, Protection, and Landscaping
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City of Fayetteville Landscape Manual
City of Fayetteville Tree and Landscape Manual
Prepared by: ;g
Citizens and Staff of the City of Fayetteville, Arkansas
Y
Project Staf:
Kim J. Hesse, Lands e pp Adinfhistrator (1999-2003)
Dan Cole, Undergraduate S udSi 1J. v r ity of Arkansas (1999-2003)
Marla Dollar, Staff, Public iSt Department(1999-2003)
Coody, Mayor
Parks and Recreation Division
Sarah K. Patterson, Urban Forester
It
City of Fayetteville Landscape Manual
Table of Contents
Introduction
The purpose of the manual........................:...............................................3
• The Urban Forest
• Definition of the Urban Forest..............................:....................................5
The Benefits of the Urban Forest,,.............................................................5
Howa Tree Works....................................................:.............:..................8
Common Myths about Trees.....................................................................10
The Importance of Being a Tree City USA................................................14
Designing with Trees......:........................................................:.................15
Wildlife in the Urban Forest..................::................................................16
Duties of the Landscape Administratarnd the Tree and
Landscape Committee ...................:.: ... ,.............................................19
t
Tree Preservation and Protec..... Requirements
Tree Preservation Requirements::'::.:.......................................................21
Procedures..........................��,tw........... ..................................................26
SiteAnalysis.........................z...::.....................................................2]
Tree Preservation PlanChecl�lst.............................................................30
Abbreviated Tree Prestisrvation'Checklist................................................. 34
r:
Tree Preservation Plan Re%i4 iCriteria....................................................37
Tree Mitigation Calcu`I'a#ions....................................................................38
Tree Mitigation F f .... ................. 4 o
Landscaping Requtre•jents
Landscape Requireai�ents..........................................................................42
Parking Lot Landscaping..........................................................................43
Landscape Buffers...................................................................... ...............46
Street Tree Planting Standards.................................................................47
UrbanTree Wells.......................................................................................48
Stormwater Facilities..................................................................................49
Installation and Maintenance
Landscape Plant Selection: Right Tree Right Place..................................51
Landscape Installation..............................................................................53
StakingDetails..........................................................................................55
StructuralSoil...... . .. . . . . . .. .... ........... . ............................. .. ...... .. .. .... .56
Landscape Maintenance...........................................................................58
iii
Tree Protection During Construction
General Information.................................................................................64
Pre-Construction......................................................................................66
A Technical Guide for Preservation of Trees............................................68
Tree Protection Fencing Detail.................................................................71
Post Construction......................................................................................72
Utility Lines and Trees...... .................... . .... .. ....,..... . ....... . ............... .. .. .73
Appendix
Mitigation and Landscaping Trees.............................................................74
Species Characteristics List........ ................................. ...............
Trees, Shrubs, & Vines for Windbreaks and Screening .............................86
ParkingLot Trees....................................................................:..................89
Shrubsfor Arkansas,.............................................................. .....................92
Significant Trees................................0....*95
.................................................
NativeWoodlands............................. _...... ..............................................98
Glossary................... lol
...............
Approved Tree Trimmers ..................• " 5
io
Text References for the anual M <;4 `...., ... 106
...................................
2
Introduction
Purpose of the Manual
This manual is to provide information pertaining to our urban forest and ways to both
enrich and protect this resource. Information found in this manual will help anyone
involved in the development of land, from the private home owner to the large scale
developer.
For the general public:
• Information on what constitutes the urban forest, where it is, and what
benefits it provides.
For the private property owner:
• Information on general tree physiology, pruning principals, and general
landscape maintenance data. .,,. F •
A list of recommended plants for landscaping your home or business.
For the developer, engineer, architect, I
• City requirements on tree
• Information on planning
benefits of doing so. -
• An understanding of how
health.
• Plant selection suggestidh
• Sample details for lad sca
• Examples of tree preseW:va
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contractor.
with existing vegetation, and the
and how construction affects their
design.
and landscape plan requirements.
Chapter 1:
The Urban. Forest
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Introduction
This chapter presents background information on the urban forest in general - what it is,
how it functions, and why it is important.
The Urban Forest ° a
The urban forest is constituted by trees and smaller plants, associated organisms, soil,
water, air, and people in and around communities from rural farming communities to
densely populated metropolitan areas. It is all of the vegetation on the streets, in residential,
commercial, or industrial areas, and in parks and natural areas. It includes our lawns and
gardens, the trees on undeveloped public and private land, and the trees that line our
streets.
The urban forest is a significant part of the urban ecosystem humans interact with. An
ecosystem is the way a set of interacting species and their local environment function
together to sustain life. Interacting species are all living.things from humans, animals, and
plants to organisms in the air, soil and water. An urban ecosystem is all of these biological
elements interacting with non -biological elements `weltas streets, utilities, buildings, and
parking lots. How these elements act and react together d f cts both the health and quality
of urban life. 4'
On a daily basis the urban forest both c
forest provides critical functions toward
most important contributor of beauty v
granted but we need to be aware of Jtth�
The Benefits of the
Trees shade our homes, an4give
Trees reduce soil erosion, imgttwc
reduce storm water runoff. Today
benefits that maybe less obvious.
drectly affects our lives. The urban
health of the City. It also is the single
We often take the urban forest for
en a place to play. But they do more than that.
(,shield us from solar radiation, and filter and
of urban forestry is identifying these broader
Energy Conservation
Direct Cooling
Trees provide enormous cooling benefits, principally through two mechanisms.
First, because they absorb sunlight and offer shade; trees prevent sunlight from
reaching surfaces such as concrete, brick, and asphalt that convert solar radiation
into heat. Second, trees release water vapor through tiny openings in their leaves by
evapotransporation. The water vapor absorbs heat directly from the air and cools it.
By lowering temperatures, trees reduce the energy needed to run air conditioners,
thereby reducing pollution produced by utilities. The savings that homeowners can
reap from well placed landscaping can range from io% to 50% during the summer
months.
Cities contain a large amount of paved surfaces that absorb sunlight and convert it to
heat. Cities also generate heat as a by-product of cars, lights, energy production and
industry. These factors tend to produce an "island" of warmer air over cities,
resulting in temperatures typically 5 to ro degrees higher than in the rural areas. By
planting trees throughout the city, concentrating planting within parking lots and
around buildings, the community will reduce its consumption of energy, reduce the
overall temperature, and come one step closer to being a sustainable community.
Winter Heating
Just as the proper placement of vegetation can reduce temperatures in the summer it
can also shelter harsh winds in the winter. The same trees that shaded people and
structures in the summer will drop their leaves in the winter allowing the solar
energy of the winter sun to reach beneath its canopy. Evergreen vegetation placed
accordingly can provide shelter from cold northern winds. Planting evergreens to the
north and west of structure forces cold winds up and over the house and traps
warmer air that escapes from building and soils.;,Once evergreens are twice as tall as
the adjacent structure they are sheltering, wini'speeds maybe reduced as much as
85%.
Air Pollution Mitigation
Air Quality
Carbon in the atmosphere is a majc
and respiratory problems. It traps
discomfort and illness and adding
conditioner use increases the> fto
consumption, which in turtfincfe
Trees mitigate air pollutioni b'. ti+ap
more than 25 pounds o£earbon'p
leafy material, and releases �tiv�i
R""• 2
are especially effective .tcapt�t ing
particle produced by fuel' i p tbusti
.use of smog formation, the heat-island effect
it pnd;particulate pollution, causing human
he need for air conditioning. Increased air
of fossil fuel that must be burned for utility
s''he amount of carbon released in the air.
g.and storing carbon. A mature tree absorbs
it from the atmosphere, storing it as wood and
of 13 pounds of oxygen in the process. Trees
airborne, smog -producing, and carcinogenic
and other such processes.
Erosion Control and Water Quality
Erosion Control -
Trees, shrubs, and other vegetation intercept rainwater before it strikes the ground,
absorbing some of the water, deflecting rain -drops, and lessening their impact on the
soil beneath. These processes reduce soil erosion. Roots also help hold soil in place,
further reducing the potential for erosion.
Water Quality -
Trees and other forms of vegetation have the ability to absorb and direct water
underground. This process plays a vital role in replenishing soil moisture and
filtering rainfall and storm water runoff.
Psychological Benefits
Stress Relief
While people have always felt that the forest increases the enjoyment of everyday life
6
and provides a meaningful connection to the natural environment, recent research
now provides the scientific basis to support those feelings. Urban forests play a clear
role in reducing stress as studies prove that exposure to nature and the urban forest
provide significant restorative benefits.
Stress control and recovery symptoms were studied in a widely publicized project
with gallbladder surgery patients of similar age and condition. Patients whose
rooms looked out onto a pleasant scene with trees required fewer painkillers and had
a io% shorter hospital stay than the patients whose windows faced a brick wall. Our
own Washington Regional Medical Center supports this theory. All rooms where
patients are admitted for acute pain are overlooking the forested grounds of the
Veterans Administration property.
Aesthetics -
Positive emotional states are also associated with being in, or looking at, things that
are pleasing. Trees and vegetation provide„much of the color, variety, textures,
shapes, and sounds that are important aestlf i =,glements in the city in all seasons
of the year. Trees can create specials places" zthat are inviting - canopied
streetscapes, quiet spaces in the midst ctdowntownnactivity, or a unique setting in
splendid gardens. Trees also help screenundesirable views and dampen noise
from roads and streets.
tt
Increase Property Values
Appraisers have long recognzilthe important contribution of trees to real estate
values. Studies have shown that<.larilscaping with trees is associated with an
increase of 5% to as mucltiaas'i5% in the sale price of residential properties.
Intermediate and large of of species, have more of an effect than
•
newly planted trees y'Nationhl organizations that represent home builders and
developers are also beg;nning fb promote tree protection. One recent development
in Maryland put in place'ah} aural resource and tree protection program. Although
the cost of tree protection increased the cost of each home by 2%, the development
found that their lots sold 2 to i over a competing development in the same location.
Wildlife Habitat
One very dramatic impact of urbanism is the loss of wildlife habitats. As wetlands
are drained, forests cleared and fertile valleys built upon, the homes of many species
of both plants and animals are being eliminated. Obviously, trees provide a wide
variety of habitats for all sorts of birds, mammals, and other wildlife. Thoughtful
landscaping of residential yards and community open spaces contributes to the food
source and habitats of songbirds, butterflies and some small mammals. Several
species need larger, connected open spaces that include streams and wetlands to
thrive.
How a Tree Works
Tree Physiology
This portion of the manual is to explain some of the basics of tree growth and survival in
order to better understand how various construction and yard maintenance practices effect
the health and longevity of trees.
The Roots
Trees produce two major types of roots, transport roots and absorption roots. Transport
roots are the larger anchor roots that have smaller absorption roots extending from them.
Major roots begin growing when the tree is a small seedling and transport fluids and
nutrients as well as anchor the tree. Trees usually produce between four to eleven major
roots. If a major root is removed or killed, a tree generally cannot add another one; it must
try to survive with the remaining large roots. ^3>
The absorption roots are small but form vast netwgrhsbat fan out from the ends of major
roots and gather water and mineral nutrients. Stresses tith as droughts and hard freezes
kill absorption roots in large numbers. Most trO s shed these roots in bulk, replacing them
anew every winter. Absorption roots require oxygen to use food effectively. It is important
to realize that soil compaction alone can greatly affect the health of a tree.
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Tree roots extend 1.5 times the canopy diameter and can extend up to 5 times that diameter.
Be aware that 85% of trees roots are concentrated in the top t8" of soil - 99% are within 3
feet of the surface of the ground. In forest settings tree roots form a dense, intertwined
system of roots that spreads well beyond the dripline.
Phloem, Xylem, and Cambium
8
Most of the wood in a living healthy tree is already dead. The living wood lies just beneath
the bark, but the central wood in a large tree is all dead, solidified and retained for support
purposes only. Just beneath the bark layer are three relatively shallow layers of living tissue
that feed the crown mass above and connect the crown with the roots.
The Phloem (Flow -um) layer is located directly beneath the bark. It transports food
manufactured by the leaves (carbohydrate) to all portions of the tree as needed. Phloem
will occasionally transport food upward when the tree comes to life every spring.
The Xylem (Zy-lum) cells transport water and minerals up and down the tree. As Xylem
cells age and die, they form the heartwood which is the sturdy wood in the center tree.
The Cambium (Kam -bee -um) is the layer of cells between the Phloem and Xylem. The
outer portion of the cambium produces Phloem cells and its inner portion produce new
Xylem cells. The Cambium also manufactures special defense cells known as parenchyma
cells.
When a tree dies from injury, the wound may not:1ppear serious enough to cause death.
But a tree, big and tough -as it may seem, simply foes ndfb ve the vast, living reserves its
size would suggest.
w t�
Outer Bark
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Phloem
Cambium
Xylem
The Bark
The bark of a tree functions much like skin does for a human. It protects the more delicate
tissues underneath from infections, predators, and drying. Like human skin, bark is
composed of nonliving tissue on the outside and living tissue on the inside. Since the bark is
the trees first line of defense, keeping it free from damage is essential to tree protection.
When a tree's bark is wounded, fungi and bacteria usually invade. A bark wound does not
heal but is walled off by the tree's parenchyma cells over time; new bark and tissue form
around the -edges of the wound, enclosing it. This process requires additional energy,
therefore, the entire tree's other processes such as photosynthesis, respiration, and tissue
growth, are cut back.
Chlorophyll and Photosynthesis
Plants are unique in their ability to capture pure energy in the form of sunlight and convert
it to forms of energy (sugars and carbohydrates) that living creatures can use and need.
This manufacturing process not only provides essential oxygen to animals and,humans but
also a vital balance to the earth's climate.
Chlorophyll, the green matter trees produce in their leaves and stems, intercepts, captures,
and stores incoming solar energy as carbohydrates. Whenever the tree requires energy, it
breaks some of those bonds and accesses the stored energy through a process called
respiration. Oxygen, a principal by-product of the process, is released in water vapor.
Stripping the trees leaves during the growing season is like removing solar panels from a
solar powered home. Similarly, wounding a tree branch directly threatens the leaves on
that branch and indirectly weakens the rest of the tr.
F..,�
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A Trees Life Cycle w.
Young trees have a high percentage of leaf masscomjared to their woody mass. This allows
young trees to produce more energy than they ree to grow and maintain a healthy status.
With this heightened amount of energy, young trecan withstand more stress in the form
of injury, disease, root loss and negative pulronmental impacts than their older
counterpart. Older, more mature trees witha krge mass of living cells need more energy to
maintain the status quo leaving lesssnegy i`h(reserve that is needed to offset the effects of
stress. Since mature trees are not g'owi an'expanding their tissue space significantly,
they are particularly vulnerable to pliy i' al injury. Any portion of the tree killed by disease
or injury is walled off, unableAdz*pass`s gars, water, minerals or defense cells. One large
=:.n
injury, or several small injutes can 'rod'uce so much dead, or clogged wood that the tree
can no longer transport sufficient wat* and nutrients where they're needed. Furthermore,
wounds force a tree to step up 'p`q.'tction of the parenchyma cells, leaving other cells to
suffer.
Common Myths About Trees
The following information is published in the Tree City USA Bulletin #30, report by the
National Arbor Day Foundation.
Myth is
If a tree is on my lot, it's my tree
The boundaries of right of ways and private property and the trees included within them are
frequently confused. Trees that are in the right of way or street easement belong to the City.
Even though the property owner may have planted the tree, it still is owned by the City.
Care provided for the trees is the responsibility of the City, but sometimes the task of
maintenance is transferred to the property owner through special volunteer programs to
10
increase tree numbers. If a homeowner or business would like to plant a tree within the
right of way, he or she should consult the Landscape Administrator to ensure the right tree
will be planted in the right place. Also, the Call Before You Dig Hotline should be used to
avoid utility line damage. Knowing who has ownership of the trees will aid in deciding:
> Who should care and prune the trees?
• Who is liable if accident occurs from lack of care?
What are some ways to prevent tree topping?
How removal of trees can be controlled?
Who pays for tree care and removal?
Information pertaining to tree planting specifications, removal, or pruning are available in
this text and in the City's Tree Preservation and Landscape Ordinances.
Myth 2:
Tree roots break sewer lines
When the plumber comes to fix a clogged
usually receive the blame. The fact is that a
soil and rarely does a tree root extend to a di
When a sewer pipe leaks or a joint breaks.,,
After the leaking sewage comes into contaeti
region and will eventually grow to the sourd
constructed sewer line will preventa 'ij furl
Instead of just unclogging lines, ntcitsurstc
'and pultout a wad of roots, the trees
iasza majority of its roots in the first 3' of
Mere a properly buried server line exists.
and nutrients are released into the soil.
xee roots, root growth proliferates in the
;log a drain pipe. A properly designed and
roblems with line blockage and leakage.
Lee and fix the sewer line should be taken.
Myth 3: n
Little trenches don't hurt
Trees roots are what keeps it ancliDreo in the ground, transport nutrients, store energy, and
absorb water. When a trench is dug to bury a utility line underneath a tree, roots are going
to be cut. When roots are cut, the entire root system extending away from the severed root
will die no matter how big or small the trench is! Instead of trenching through a trees vital
root system, move around the dripline or use tunneling equipment to go underneath the
root system when a curved ditch cannot be done.
Myth 4:
Roots surface and damage lawn equipment
Roots typically grow beneath the soil and not along the top except under special conditions.
There are two main causes for surface roots- construction and erosion.
Construction causes roots to surface when it compacts soil of low quality and adds a thin
layer of top soil to a new house site. The newly planted roots can't penetrate the compacted,
poor soil and are forced to the top. This can be prevented by proper planting procedures
and aeration of soil underneath existing trees after construction.
Erosion below trees happens due. to constant raking of leaves and other debris that prevents
the natural buildup and decomposition of material. To combat exposed roots from erosion
and construction:
Aerate soil under trees before adding additional landscape plants
> Create a planting or mulch bed over exposed roots
Cutback or eliminate raking
Cover exposed roots with good topsoil
Myth 5:
Trees and Utility Lines are incompatible
The numerous occasions where a street could have been made a shady, pleasant place to
drive are innumerable and often neglected. Trees and power lines are always competing for
the same space. So the question is, can tall trees and power lines coexist? The answer is yes.
The common practice of tree topping and the planting.of inferior tree species don't have to
continue. There are several feasible alternatives tvthese devastating and dull ways of
dealing with street trees and utility lines. Extra IaMWe pp ,ver poles allow for larger trees to
be planted underneath. Alley arms can be used to maneuvbc utility lines outside of a trees
crown. Bundle cables reduce the area to be ""
priinedwithin a tree crown for lines to pass.
Locating lines in backyard easements elimina sM€fle conflict altogether. Obviously, each
alternative has its applications where othgr ones a'te not suitable.
Utility lines that are existing and don't ave'egpromising tree arrangements can still have
vegetation planted beneath and arour`the paver lines. It is best to plant short tree species
t5' from underneath power lines, rtt`ediuttkarees'3o', and large trees 40' away from overhead
wires. :. .
Myth 6: .....
Tree Tree roots cause sidewalk damage
Granted, trees are helpers in thb upheaval and degradation of sidewalks, but the real
problem lies in the soil structure underneath the sidewalk. Different soils have varying
degrees of shrinkage and upheaval; therefore, soil structure needs to be analyzed for each
site. Soils that have typically weak structure can have a 4" to 6" base added for
compensation; for further support reinforced concrete can be used. It is evident that quality
construction and care need to be addressed when placing sidewalks in areas with proposed
and existing trees. Cost of preventive maintenance maybe higher at the beginning, but the
future costs of repaving and the liability of degraded sidewalks outweigh the initial cost.
Myth 7:
Tree stakes are essential
Broadly speaking, trees do not require staking at the time of installation unless certain
conditions require stakes, high winds and bare root stock. The cost of stakes and the labor
to install, monitor, and remove them can develop into an expensive procedure for tree
planting. The largest problem develops from girdling when neglected guide wires and
stakes choke a tree when it is growing outward. When neglected stakes and guide wires are
12
left to remain on trees, severe impairments such as weak wood, poor taper development,
and ultimately death will occur. When stakes are used, they should be removed after the
first year of installation.
Myth 8: _
Water is a cure-all for trees
It is a fact that trees need an adequate supply of water for growth and good health, but
moderation must be exercised. Water is also important for new trees after installation to
remove air pockets and give them a good start. The right'amount of water can aide a tree in
resisting pests and disease; however, too much water can weaken and add unwanted stress
to a tree. Many trees are killed every year because they more or less drown in the water they
were receiving. Trees next to lawn sprinklers get a regular amount of water that is designed
to the needs of turf, but for trees, this type of watering encourages shallow rooting. To
prevent shallow rooting, make sure trees are watered deeply, penetrating the
first 36" of soil, to establish the root system correctly. If watering is to be successful, it
needs to match the region's average rainfall. Supplerrsental watering usually only needs to
be carried out when there are long periods of hotand drryeather. Water, in moderation,
can help many things for a tree, but too muchh�'ill only yield a worthless specimen.
rcx
1k
The Importance of Being a Tree City USA
Since 1995 Fayetteville has been recognized as a Tree City USA community. The National
Arbor Day Foundation honors communities with this award if they meet four requirements:
The presence of a tree board or department
> A community tree ordinance
> A community forestry program
> Observance of Arbor Day
Every year the National Arbor Day Foundation, in cooperation with the U.S. Forest Service
and the National Association of State Foresters, sees that requirements are met and
acknowledges cities that show dedication to preserving and improving their urban trees
with the Tree City USA Award.
.4a
After Tree City USA status has been achieved, the, Thor Day Foundation has a Growth
Award that distinguishes cities that show an ongoing interest in beautifying and improving
their communities. The use of trees, along Ivith educational sessions for the public,
partnerships with businesses and utility cotpanes, and planning with management
practices, are areas where cities with the GrWttfi 'Award have excelled the most. These
awards provide goals for the community,,,to stiF T:„for and create an overall sense of
accomplishment when bestowed with erthar€tl1e•previously listed awards.
Tree City USA status is an impo
can aid in acquiring federal grar
of other resources to enrich the
14
lxrenUjp social, economic, and political groups. It
uds elping form volunteer groups, and a variety
of life within the community.
Designing With Trees
With the growth Northwest Arkansas has been experiencing in the past decade, people have
been forced to expand out into the rural areas outside the City. As a result, the wildlife and
environmental issues associated with growth are being shoved to the wayside. Natural
elements within the city limits need must be embraced and enhanced when a new
development is being planned. Fayetteville's natural beauties are not meant to be piped up,
cut down, or expelled from a site; they must be integrated into development to reap the
numerous benefits natural components offer.
To maintain Northwest Arkansas as a desirable place to live, new developments must
evaluate their current methods of design to integrate environmental elements into the
overall scheme. Northwest Arkansas is a rich region for plant and animal life that deserves
to be preserved. Through innovative design and development, new growth can sustain
native wildlife and natural processes.
Building with the environment means intricately
systems and viewing natural resources as an o;
developer or builder who fully integrates treo.§'
design and implements preservation measures
natural elements and development enhapce c
z.t.? rq`sew
increasing in popularity across the couiY
depleted resources.
Building with the environment
professional with experience ini
extremely valuable to the 9:?a professional can apply somlliasi
> Site Inventory
> Site Analysis
> Conceptual Design
> Final Plan
gpJanned development with natural
inity,rather than a constraint. The
ther natural resources into the site
astruction creates a setting in which
iother. This is a concept that is
population becomes aware of our
"additional design considerations. Using a
natural resources into design can prove to be
s of the development; however, any design
rls that can make a difference.
As an example, the design process is described in typical steps that would be associated with
a conservation oriented residential subdivision.
> Locating areas for conservation
Establish potential housing sites
> Layout vehicular and pedestrian circulation
> Draft lot boundaries
The first step is to locate the areas that merit conservation such as drainage ways, creeks,
and established stands of timber, wetlands, and known wildlife areas. There are a
multitude of resources available, free of charge, to aide in finding these important features.
Soil maps, aerial photographs, slope analyses, flood plain maps, and historic registers are all
very useful and readily available. Once all site characteristics have been collected, prioritize
them to discover what items are irreplaceable, possess a special meaning, or are
picturesque. Let these vernacular features guide the areas designated for housing
15
development on the site. The orientation of the dwellings to green spaces that embrace
native wildlife and vegetation is important to how successful the community will be.
Smaller lots can be made to entice the purchaser by the arrangement of green spaces
adjacent to the lots, visually extending the boundaries of modest lots and buffering the
presence of others. Designing the houses to have a view of a major or minor open space will
integrate the natural areas with the residential.
After the general sites for the houses have been drawn in, the system of streets and trails
can be mapped. Streets have a tremendous effect on how a neighborhood functions. Single
loaded streets, streets with green space on one side and houses on the other, provide views
of open, natural areas instead of the neighbor's garage (Arendt 1996). Homes next to
"single loaded" streets reportedly fetch higher prices than typical "double loaded" streets
(Arendt 1996). Streets should form a system of connecting streets, facilitating the spread of
traffic instead of concentrating them onto collector streets associated with communities
that have dead ends and cul-de-sacs.
Lot positioning is the last step in constructi
subdivision. Arrangement of houses on the lots
and toward the front is an arrangement fauc
eliminates the useless side yards typical of co vi
from routine, unattractive design to a more 1
working to coexist with the land, would be
Northwest Arkansas.
Wildlife in the Urban
Ian for a conservation conscience
avi;large livable spaces. Off -center
architects and other designers; it
it house positioning. Breaking away
and pleasurable subdivision, while
notion to improving the livability of
When selecting plant materiabft the h6me landscape and large commercial areas, native
plants should always be pre$ent in some capacity. Wildlife's presence in the landscape is
directly dependant on the eaastence,of native plant material to produce food and shelter.
The pleasures, benefits, and ways ; include wildlife is explained in an article by Landscape
Administrator Kim J. Hesse published 3/31/99 in the NorthwestArkansas Times titled On
the Wild Side which is samuled from below.
>Surveys prepared by the U.S. Fish and Wildlife Service offer convincing evidence that
Americans today spend valuable time, money, and effort attracting wildlife. Over $18
million is spent each year on identification guides; $26 million for birdbaths, and, getthis,
over $500 million for birdseed. This convinces me that many of us have discovered the joy
of listening to the birds sing in the early morning, watching humming birds battle for a drop
of sweet nectar, and holding our dogs at bay as we allow playful squirrels to wrestle in the
back yard. So why not provide a haven for wildlife by providing them with the habitat they
need to coexist in our urban environment.
Just as Fayetteville citizens feel victimized and crowded by the growth of the city, scores of
wildlife are losing precious sources of food and shelter. The fact is, growth isn't all bad:
growth is essential for Fayetteville to remain a healthy, virile community.. The trick is to
determine how to manage the growth so that we can balance increased development with
the preservation of our rich environment. If we, as a community, can effectively manage
16
our urban forest, as a result we will enrich wildlife habitat. By understanding a few basic
principles on attracting wildlife, you can directly affect the variety and quantity of wildlife,
while increasing the benefits of urban forestry. Habitat consists of three basic, but
important, elements, with a rule of thumb being that the greater the variety in these
elements, the greater variety of animals will be benefited.
FOOD - According to the National Arbor Day Foundation, having a wide variety of trees
with high food value is the single best way to increase your pleasure of viewing wildlife, and,
in the long run, cheaper than birdseed. Wild birds and animals are simple creatures that, by
instinct, naturally seek out food to survive. Wildlife will naturally migrate to your house if
you are offering a supply of food. The following varieties of trees are commonly used in our
region: -
Summer fruit producers - Cherry, Dogwood, Mulberry, and Viburnum
Fall and Winter fruit producers - Apple, Crabapple, Cedar, Dogwood,
Hackberry, Hawthorn, Sumac, and Viburnum''
Spring Seed producers - Ash, Birch, Firr>I einlock, Maple, and Spruce.
Mast (Nuts and acorns) - Buckeye, Black Walnut ,Chestnut, Hickory, Oak, Hazel
COVER- An essential factor in attracting wil211... :- over provides protection for breeding,
nesting, sleeping, traveling, and hiding from predators. A dense grouping of evergreens
provides ideal cover for a wide range of apVtrtals„hut` can take up a lot of yard space. The
presence of just one cedar tree in an urbatlaattmg, however, can bring in a variety of
wildlife that otherwise have no place i ige to'. Leaving a fence row of wild honeysuckle,
rose and beautybush may be coiisid-red —
eyesore to your neighbors, but will be
appreciated as a thriving commun t far our wildlife friends. You will notice that many of
the plant species that provideshelte ' xe also food producers for a variety of birds and
animals. The following list,i5'a gootexample of cover plants: Cedars, Hemlock, Holly,
Mulberry, Pine, Spruce, Barl r;;y, Gr, enbriar, Honeysuckle, Privet, and Viburnum.
WATER - As vital to wildlife as it i5 to humans. Water is an essential component of living
beings. Providing water continuously throughout the year is important. Birds and little
creatures will return to the same water source time and time again, so strive to keep fresh
water available throughout the seasons. Most wildlife prefer moving water so a dripping
hose works well. Clearing an area where culverts and drain pipes discharge can work as a
water source with no cost to the owner. The best water source is a pond or a continuously
flowing spring.
By simply including these basic elements in your back yard landscape, you too can be
enjoying the simple pleasure of wildlife viewing. To further the attraction of quality
wildlife, you should also consider the location and arrangement of habitat plantings. The
same groupings that provide humans with shade and wind protection are also vital in
creating a haven for wildlife. Trees and shrubs should be planted within 15 feet from a food
and water source. If possible provide an unbroken travel lane (a row of trees and shrubs)
between wooded areas. Try planting trees and shrubs in groups to provide an irregular edge
next to a lawn or open field area. This edge will create a habitat of combined food sources,
available sun and shade, and the security of an escape route. By placing a birdbath near this
17
edge, you've crea all the comforts of n; al home to fine featb and four»Kra
friends.
And last, but not least, what may may appeartobe an eye sore towe humans_ytnout2w
a treasure to wildlife. That old rotten oak tree,tE fir tree with a broken»»,talmAU!
apple tree tEeare among wildlife's most valeb! assets. There are manyowry t g
species of birds and animalssucsuch squirrels, owls, tree fror and woodpeckers amat
depend mdead and d77trees for asource afood and shelt.
These same trees are often considered hazardous ithyare located near sidewalks,
structures, and roads. As a community, and as advocates o6ovildlife,wshould evaluatethe
value ea dead and dying trees in erg parks, privatey yards, and open tracts at land. Jt� se
old and dead trees are out of harms way, leaeti m be. Wildlife and plants have developed
complex relationships: if you remove one fromta environment, tEother disappears.
�2y�>
V
18
Duties of the Urban Forester and the Landscape Advisory
Committee
The infrastructure of Fayetteville's Urban Forestry Plan is guided by the Urban Forester
with the assistance of the Tree and Landscape Advisory committee. Fayetteville's Urban
Forester has a variety of duties to carry out. The position seeks to develop and carry out the
Urban Forestry Plan, improve proper tree selection and placement, continue the hazard tree
risk reduction program, and educate the community about the importance of urban
forestry. The Urban Forester also supervises a crew that installs and maintains landscaping
on many municipal properties. This includes City owned parking lots, buildings, and any
other public property that has landscaping. With the use of the crew the position designs
and installs beautification projects throughout the city. Projects can range from entry signs
for the City to tree and landscape islands in right of ways.
The Urban Forester ensures enforcement and
Preservation Ordinance, as well as all landscape o
position coordinates with other city departmer
ongoing projects to confirm that developmentt
City of Fayetteville's Ordinances. The positionShc:
commercial tree pruners to encourage proper trit
the Tree Ordinance revisions, the LandscapeMan
the Urban Forester.
The Tree and Landscape Advisory
discuss current and future issues
Urban Forester are responsible foi
to tree planting and maintemhni
Ordinance, analyzing probJrns
pursuing and carrying out a cornp
.tion of the Tree Protection and
ces. Underneath this umbrella, the
'eview and inspect proposed and
y the applicable laws stated in the
ies out tree pruning workshops for
in the private sector. In addition to
provements are to be carried out by
er nneets regularly with the Urban Foresters to
erns. The nine member committee and the
ing and distribution of information pertaining
ig on issues regarding the Tree Protection
;ses of the Tree Protection Ordinance. and
Urban Forestry Plan.
19
Chapter 2:
Tree Preservation and Protection Requirements
20
Current Ordinance Requirements
Purpose:
It is the purpose of these ordinances to preserve and enhance the natural beauty of
Fayetteville; to protect the health and safety of the residents of Fayetteville, and to protect
the environment, by providing regulation of the planting, maintenance, and removal of
trees within the city.
>
Chapter
#167
Tree Protection and Preservation
>
Chapter
#177
Landscape Regulations
Tree preservation
The Tree Preservation and Protection Ordin�
statement of purpose and a list of objectives and
purpose of this chapter to protect and promote t
preserve and enhance the natural beauty of Fay
preservation, planting, maintenance, and rem
accomplish the following objectives:
i. To preserve existing tree canopy.
2. To create a healthful
,a hapter 167 clearly establishes a
ples for such an ordinance. It is the
alth, safety, and general welfare and
file UJ!providing for regulation of the
of trees within the city, in order to
residents, businesses, and industries.
3. To moderate the harmful'ffec#s"of srin, wind, and temperature changes.
4. To buffer noise, air aatl kalpJtlution.
5. To filter pollutantsfib'gt.theSir andassistin the generation of oxygen.
C .
6. To reduce stormwater runoff and the potential damage it may create.
7. To stabilize soil and prevent erosion.
8. To provide habitat for birds and other wildlife.
9. To help preserve river and stream beds, and prevent sedimentation.
10. To screen incompatible land uses.
ii. To promote energy conservation.
12. To protect and enhance property values.
21
Principles
The Tree Preservation and Protection Ordinance "shall be enforced according to the
following principles: "
i. Preservation shall be the first, best, and standard approach.
2. Ifpreservation cannot be achieved, On -Site Mitigation shall next be pursued.
3. If On -Site Mitigation cannot be achieved, Off -Site Preservation shall be pursued.
4. If Off -Site Preservation cannot be achieved, Off -Site Forestation shall be pursued.
5. If none of the above approaches can be achieved, payment shall be made to the Tree
Fund.
By analyzing a site, and by striving to design in
the City of Fayetteville can continue to enjoy
residential growth without degradation to the
of the city.
the natural elements of the site,
of industrial, commercial and
Is cultural, and social attributes
Tree Pro ert tioir Priorities
High Priority
Mid�%evel Priority
Low Level Priority
Canopied Slopes
Contiguous
Invasive Species
;:<.
a sit�oodlands
Native Woodlands
Non-native
Relic Orchards
Woodlands
Riparian Buffers
Use Bufers
Less Desirable
&
Species
Significant Trees
Note: The above items are not presented in any particular order of importance. The weight
each is given will depend in large part on the individual characteristics of each project.
Significant Tree: A tree with a diameter at breast height (DBH) of 24" or more for Fast Growth
Species, 181 or more for Slow and Moderate Growth Species, and 8" or more for Understory Species.
A tree may also be considered significant because of advanced age for its species, or because it
represents an uncommon or endangered species. See Appendix D for a list of significant trees in this
area.
22
Tree Preservation
The following proposed developments are required to preserve the minimum percentage of
mature canopy area:
> New residential and non-residential subdivisions
> Large scale developments
> Building permits within the Hillside Hilltop Overlay District
> Non residential construction requiring a Building Permit
> Building Permits for residential construction of 3 units or more
> All grading permits (excluding all single family and duplex lots)
Required Canopy Coverage by Zone
In all new subdivisions, large scale developments, building permits with in the Hillside
Hilltop Overlay District, industrial and commercial developments, and all other
improvements listed above, trees shall be preserved as outlined in the follow zoning
designations, unless the applicant has been approve'i for On -Site Mitigation or Off -Site
Alternatives as set forth in subsections (I) and (J)jof ft Tree Preservation and Protection
Ordinance. The square foot percentage of canq}3y areal quired for preservation in new
development is based on the total area of pltipecty for which the applicant is seeking
approval, less the right-of-way dedications. An applcant shall not be required to plant trees
in order to reach the percent minimum canopy r&4uirement on land where less than the
minimum exists prior to development, ui!StresJiave been removed.
Zoning
Designations z :≥;-.
Minimum Percent Canopy
R -A
Agricultural and Non Agiicu(tural.,J3e
25%
RSF-5
Single Family Residentikl,'.:
25%
RSF-i
Single Family Residepriai
25%
RSF-2
Single Family ReSide.nt fi ''£
20%
RSF-4
. Single Family Res dentiaR:
25%
RSF-7
Single Family ReSi'6l&ntia�'
20%
R -O
Residential -Office "`'<a=='
° 20 %
RT-12
Two and Three Family Residential
20 %
RMF-6
Multi -family Residential
20 %
RMF-12
Multi -family Residential
20 %
RMF-18
Multi -family Residential
20 %
RMF-24
Multi -family Residential
20 %
RMF-40
Multi -family Residential
20%
C-1
Neighborhood Commercial
20 %
C-2
Thoroughfare Commercial
15 %
C-3
Central Business Commercial
15 %
C-4
Downtown
10 %
I-1
Heavy Commercial and Light Industrial
15 %
I-2
General Industrial
15%
P-1
Institutional
25%
PZD
Planned
Zoning District
Mostrestrictive
shall
apply
23
All residential zonings and C-1 within the Hillside Hilltop Overlay shall have
their minimum canopy requirements increased 5% to a total of either 25% or
30%
Existing Tree Stand Coverage
The preservation of existing trees is the primary goal of the ordinance but also to allow
flexibility in determining where the trees are to be preserved on the site. To determine the
canopy area of existing tree coverage the formula is:
ET = Canopy %
S
ET = Total canopy of existing trees in square feet
S = Total square footage of site
Preservation Priorities
The City of Fayetteville's woodlands and signi#cant trees are of two primary categories,
either planted or volunteer, or remnant forest att4uahirally regenerating native forest. The
pre -settlement landscape of Fayetteville was, richriative Oak -Hickory woodlands. Based
off of circa 1833 township maps of Fayettetlle;prozimately 8o% of the area was covered
by forest with the remaining 20% in praire4The introduction of farming and eventual
urban development has seriously reduced thelandscape to remnant pockets of native trees
replacing native vegetation witbtplanted-grharnentals. Where farmlands have been
abandoned but not yet developed;c?unteer species of trees and invasive plants have
colonized which are considered=aslnvive species by this ordinance. Due to the rugged
topography of the Ozark Plateau wh cl encompasses the city, patches of original forest were
never farmed or cleared. Sorirebf these areas, of which are encompassed as a high priority
status of a native woodland, still`itwithin the limits of the city although these areas are
continually being developed as the population of the city grows. Other areas in the city have
vast acreages covered in naturally regenerating native forests which have a similar species
mix as the remnant forests. These regenerating native forests hold high preservation
priority.
As the city developed, selective trees were saved among residential neighborhoods and
within adjacent farm land. These individual native trees and several trees planted by early
residents are now what are defined as significant trees by this ordinance. In some areas
of the city, trees were planted in groups thick enough to be considered woodlands and
groves of trees were planted for screening and agricultural reasons. Groves of pine, walnut
and pecan are present in areas of the city as are woodlands of maples, elms, and hardwoods
not generated naturally. These wooded areas are considered non-native woodlands by
this ordinance.
Native woodlands, significant trees, and some non-native woodlands are important to the
cultural and biological quality of life in the urban setting. Native woodlands will include
both older growth trees and shrubs intermixed with younger vegetation that has
24
regenerated to create healthy ecosystems historic to our region. Significant trees and urban
woodlands function as valuable wildlife habitat. All of these resources will provide great
scenic value, influence the climate, clean and protect the environment, and improve upon
the quality of life for residents in the city.
The presence of large tracts of wooded land (considered contiguous forests) and the
preservation of riparian buffers or floodway vegetation provide a very valuable asset for
wildlife, helps preserve water quality and control erosion, and enhances protection for
native vegetation in the urban environment.
> Wildlife depend on their habitat to survive. Connecting wooded tracts, allowing
large tracts of forest to stay in tact, and preserving vegetation along stream banks
will not only provide that valuable habitat but also provide an avenue for wildlife to
travel as they search for food, shelter, and water.
> With the city growth rate, the environment: of this region and within our city
continues to degrade. It is this urban pollutio`lhat effects the health and longevity
of trees in the city. Trees will naturally do.esf,protected from the harsh urban
environment and are best protected if preserved large tracts.
Protecting native vegetation along stream banks provides habitat for wildlife, helps
reduce erosion, works to remove pollutth ts:;_tarried in storm water run-off, and helps
in the control of flooding.
Native Woodlands
The Ozark Plateau - The City of F
in the natural division of Arkans
natural divisions each unique,i0i
Ozark Plateau is a rugged aStof
into three plateaus with se*..
communities can be found withi
see Appendix E page 91.
le and all of Washington County is encompassed
the Ozark Plateau. The state is divided into five
3ical characteristics and plant communities. The
rious topography formed by rivers carving valleys
ml plant communities. Several of these plant
is of the city. For a full list of these communities
25
Tree Protection and Preservation Ordinance Requirements and
Procedures
Applicability:
New residential and non-residential subdivisions
Large scale developments
Building Permits within the Hillside Hilltop Overlay District
> Non residential construction requiring Building Permit
> Building Permits for residential construction of 3 units or more
> All Grading Permits (excluding all single family and duplex lots)
Procedural Requirements
> Early review of the projects conceptual design with the Urban Forester to determine
the areas on the project where tree preservatio> is recommended,
> $120.00 fee payment is required for all devements unless trees do not exist on
site in which case a waiver form is required N,
> Submit 2 copies of the Site Analysis and Aalysis Re ` brt to the 'Urban Forester at the
time plans are submitted to the Plannn (Department — this step is not required for
Grading or Building Permits.
> Submittal of a tree preservation plan.
> After Plat Review and Subdivision C m,rttee, a staff recommendation is forwarded
to the planning commission.
> Upon approval of the developneilt byte Planning Commission, further review is
required when construction documents are submitted to the engineering dept.
> Preconstruction meetin$,_sc duled by engineering includes review of tree
preservation with the c rib tor` nd developer.
> On -site inspection of:ee presgrvation during construction
> Completion of the project,:,
26
Site Analysis Map and Written Report
An analysis of the site is the examination of individual existing elements of the site to
determine their nature, function, and interrelationship with each other. Once this
information is compiled, one can study ways to develop in consort with the natural
elements of the site and determine what impact changing the existing characteristics will
have on the development itself and on the surrounding community. A site analysis map
must clearly show the locations and types of all existing natural features on the site
including features too' beyond the property lines that may be affected by the design.
Tree Preservation Priorities as described in this manual, shall be specifically highlighted
if they are present on the site. The drawing should include, but not be limited to,
delineation of the following features on the site:
The existing topography of the site highlighting slopes of 15% or greater and
indicating the natural drainage patterns.
The property line boundaries of the site.
> Soils identified according to the Unified Sq'Cassification System.
> Any Significant Trees existing on the siteiand the'i`[tcation of trunks, spread of the
canopy, species, Diameter at Breast Height (DBH), and the overall health of each
Significant Tree.
> Groupings of trees, delineating the edgesof tlfe overall canopy, noting the
predominate species, average height, Diameter at Breast Height (DBH), and
general health of the trees. _
All existing utilities and utility easements
> All perennial and intermits tsfieamsand creeks that exist on the site or within
one hundred feet (ioo.,}e; P;tbe site,
> Flood plains and flogfrays oche site.
> All existing rights of *aywith 1 and surrounding the project site including any
designated trails or bike'pats.
> Other existing natural features such as rock outcroppings, native meadows,
observed wildlife habitat, etc.
> Are there surrounding areas of forest land contiguous to the proposed
development
> Any other factors that may impact the design of the site.
The Urban Forester will conduct a site visit for all developments reviewed by this office.
The Urban Forester will note the presence of specific elements of the site on the .
proposed development plans. The representative of the development must provide two
(2) copies of the site analysis drawing to the Urban Forester.
27
City of Fayetteville Landscape Manual
Sample Site Analysis Drawing
np•5; 014te 153 m ';"
0. • Capfsro Se'i Loan'
E r%�%� / R0 lox -15o
OC . Bo 00�� I Rata•t Grms'ry Si!
rr //L
/•/.Ir tiC....
Good /
• 8z Yen i�//�/i/r
I food ' �/
0 //I/;; • Project. Anolysis Eramoie
7 Ye^r ', , pp
BR
�hy i a Scate�
tug Cores) I 8. 'df/ rr% r Ro%i
//'�1 r / is
Ye9^s view l / /. r $enPr ! ic:-
• �ir3hwn, / BYO Ersring Poohire ,/ %��� i ❑ Cos Lmc/ £osrnenl "• " '
Wow /k(yc +' ®f�j�/ �rOR Via Property Hoc —._—
x/
J • ;:" ❑ hoes:
0 % • j%/, A 38" Red Ook
• I - � � /1 p Healthy
❑ B- 25 Hickory Healfhy
Cxising Hox 0Q ❑ f.- 45" Mile Ook Large
LOc CAct000QQQ ' i%fir' O Bork Wound
pQQ0 ❑ 0- 5gfl
Leader 3roke 0R
-� f/G G', > .� ! ❑ E- 41" Wi!Ie Oak
• 5% 1 �s 0 - '��� i Healthy
I I
cac
r% • �� ! / F7oodplam
•a 0 /
J\
1 53 0 /��j' I ❑
lrernely Heo' by \�
Oo Hickory Fats, •A/�/ rQ
c Slan a/,r ri0
rr
r r oti� CGC
• r rrra`• • rrB • • %I 1 I
• 1
=r 'v
Tree Preservation Plan and Abbreviated Tree Preservation Plan
The current Tree Ordinance states that "there shall be no land disturbance, grading or
tree removal until a Tree Preservation Plan has been submitted and approved, and the
tree protection measures at the site inspected."
When Required:
Large Scale Development (LSD) - Large Scale Development, Subdivisions, and
Building permits with the Hillside Hilltop Overlay District
> Any other Grading Permit, Building Permit, and Parking Permit that goes
through the full planning review process
> An Abbreviated Tree Preservation Plan can be submitted for all building permits
within the Hillside Hilltop Overlay District and development that does not fall
under the requirements of Large Scale Developments or Subdivisions
Purpose:
The purpose of the Tree Preservation Plan is t4 prpvide a plan that delineates tree
preservation areas and details measures to betaken to ensure protection and
survivability of trees to be saved prior to and durrig,construction. The Abbreviated Tree
Preservation Plan is an informal version of lte .reePreservation Plan, allowing the
developer to submit a hand drawn version:=.;:w
Tree Preservation Plan Requirements
It is suggested that all projects with existing trees should be reviewed with the Urban
Forester prior to site design to determine the extent of tree ,preservation required. The
tree preservation plan can be combined with the proposed project's grading plan, but
the plan must be titled Grading Plan/Tree Preservation Plan.
Step t: Identification of Existing Canopy
_Show the location and determine the square footage of all existing trees on the
proposed project's site.
The exact location, species, trunk diameter, health, and canopy spread of any
significant trees must be identified and shown on the plan. A "significant" tree is
a tree with a trunk diameter of 24 inches or more for large growing species (i.e.
sycamore), 18" or more for slow growing or medium sized species, and 8 inches
or more for small growing species (i.e. Redbud);,
To determine the canopy spread of individual trees, measure the diameter of the
canopy and figure the area.
If no "significant" trees exist on the site *stater tt confirming this fact must be
included on the plan. Groups of exisdntrees that do not qualify as "significant"
may be identified by their canopy edge and a square footage of the area's canopy
can then ..................................... icies average size, and health of the
. g
trees with in the grouping shall be`ur'diated,'"'
Step 2: Percentage of Preser
Designate on the plan the
canopy. To determine the canol
ET = Canopy,
S
re footage of preserved tree
tree cover, use the following formula:
ET = Total canopy of existing trees in square feet
S = Total square footage of site
REMINDER: Preservation areas must be areas that can remain entirely
undisturbed at all stages of construction. If you cannot design the project to meet
the minimum canopy requirement, STEP 5 describes the tree mitigation/off-site
alternatives option. This option must be pre -approved by the Urban Forester.
Step 3: Tree Canopy Table
_In a table format, label the total percent of:
A) Existing Canopy
B) Total Canopy to be Preserved
C) Total Canopy to be Removed
D) Mitigation Canopy if approved
Note: Canopy is to be calculated as a percentage of the total acreage of the entire property.
30
Step 4: Preservation Method Specifications
Show a distinctive graphic line for the barrier fencing, along the dripline* or ten
feet from the trunk (whichever is greater), around all tree preservation areas.
*The dripline is an imaginary vertical line that extends downward from the
outermost tips of the tree branches to the ground.
Include a specification drawing to show the method and materials used for
preservation fencing. See the page # ( ) for examples. .
Show the location of all existing and proposed utilities, and all areas affected
by grading and drainage.
REMINDER: Utility easements shall not be counted as areas for tree
preservation.
Identify on -site areas for the delivery and storage of construction materials,
on -site parking, cement truck wash -out, and soil stockpiles.
If root pruning, mulching, aeration, or other procedures are required, please indicate
on plans.
Step 5: Drainage, Grading, and Subseqi
Be sure the project's final drainage & ;
City Engineer, is coordinated with your
preservation areas is not permitted d
proposed project will not be issued
preservation plan.
Step 6: On -Site Mitigation or
Indicate on the Tree Canol
short of the preservation r
_Number of trees requirecl`ft
canopy removed andhe b:
See guidelines in the anu
Number of trees, the size it}
_Dollar amount to be contrib
Complete Mitigation Form
shstruction Plans
plasubmitted for approval to the
servation plan. Cut or fill within tree
drainage & grading permit for the
it is in accordance with the tree
of canopy in square feet that falls
rn based on the preservation priority of the
of forestation trees
ecies, and the location of all on -site mitigation trees
to the tree fund if utilized for Off -Site Alternatives
Step : Maintenance of Tree Preservation Areas During Construction
Prior to starting construction of the project, you are required to construct protection
barriers as specified on the tree preservation plan, around all tree preservation areas.
If applicable, root pruning, trimming, or other preservation activities will be
required prior to any disturbance to the site unless expressly allowed by the Urban
Forester.
In order for the project to remain in compliance with the Tree Ordinance, and to
avoid potential fines or stop work orders, you must maintain the protection of all
trees designated "preserved" on the approved tree preservation plan.
_Preserved trees and tree preservation areas are to be indicated on the utility plans and
grading plans to alert contractors of areas that require preservation.
31
Step 8: Final Plat Approval/Certification of Occupancy
Compliance with the Tree Ordinance during construction must be maintained
and verified by the Landscape Administrator during periodic site inspections,
If applicable, any remedial tree preservation activity, required by the Urban
Forester, must be completed before the acceptance of the final plat or Certificate of
Occupancy.
If this option is taken, areas designated as a Tree Preservation Easement must be
clearly depicted on an Easement Plat for Large Scale Developments and on' the Final
Plat for non-residential subdivisions. The document must meet the following
guidelines:
Tree Preservation Easement Areas
> The tree preservation area must be shown on the plat as it relates to the
subject property and must be dimensioned or described by metes and bounds
for input into the city GIS system.
The Tree Preservation Area must be clearly marked on the Easement Plat or
Final Plat and include the following*ri age:
Areas proposed as Tree Preservatia3r Easeth+ts must not include any utility
easements, right of way, or structures
Tree Preservation Area
• e:aY_
The Tree Preservation Areas
covenant running with the .t1
property owners and theirfi. itt
protect and maintain existittg,
defined within the CitygfPayd
the Tree Preservation Area u
seeking removal of su&:h Treq
property in such a way ds°ta;j,
City Council through a refit st
Fayetteville
Approved by
32
as iriziicated on this easement plat constitute a
!-of tie subject property and is denoted for the
re successors, assignees or transferees to preserve,
ree canopy. No tree removal or land disturbance as
feville Unified Development'Code may occur within
less approved by the City of Fayetteville. Persons
Preservation Areas, or requesting to modify the
ect the canopy within, must seek approvalfrom the
-nade by the LandscapeAdministrator of the City of
Date
City of Fayetteville Landscape Administrator
4
Sample Tree Preservation Plan:
#
Species
D.B.H.
Canopy
Spread
Health
,
Recommendation
120
Red Oak
40"
45'
Good
Save, Root prune in cooperation w/ utility
company
170
Red Maple
20"
30'
Good
Save, Root prune before construction
190
Hackberry
20"
25'-
Good
Save
210
Red Oak
20"
35
Fair
Remove, in proposed street
'Cont
e .,.I3't
- p .
do? 'I-.. ..nw. ..
33
City of Fayetteville Landscape Manual
Abbreviated Tree Preservation Plan Requirements (ATPP)
When Required — Developments, that do not fall under full planning review process, that have
existing trees present including:
All non-residential Building Permits
All Building Permits within the Hillside Hilltop Overlay District
All residential Building Permits for 3 units or more
All Grading Permits (excluding single family and duplex lots)
All Parking Lot Permit
*The Abbreviated Tree Preservation Plan can be combined with the proposed project's site plan
or grading plan. The title Abbreviated Tree Preservation Plan must appear somewhere on the
title of the drawing.
Preliminary Review — It is suggested that all projects with existing trees should be
reviewed with the Urban Forester prior to site design to determine the extent of
M'
tree preservation required.
tCy SGT
Step i : Identification of Existing Canopy
Show the location and determine the canopy scfiiare footage of all existing trees
on the proposed project's site. ;l='
The location, trunk diameter, and cask,
ropy spread of any significant trees must be
shown on the plan.
Step 2: Percentage of Preserved4Ftee Canopy
Determine, based on the squacfootage of tree canopy existing on the site, what
percentage of the entire project site: s,coWired by canopy. The minimum percent canopy
requirement is based on the pro3e is N)nmg'designation listed in the previous pages
and in Chapter 167 of the Unifies l„Code 41 Ordinances.
Step 3: Tree Canopy Table
In a table format, label the total square footage of the entire site and the total
percent of:
A) Existing Canopy
B) Total Canopy to be Preserved
C) Total Canopy to be Removed
D) Mitigation Canopy if approved
Step 4: Preservation Method Specifications
Show, with distinctive graphic lines, the limits of soil disturbance required for the
construction of the project. Soil disturbance should include any grading, utility
installation, or areas for material storage needed to complete the project.
Show the limits of tree protection fencing with a distinctive graphic line along the
edge of the canopy or ten feet from the trunk (whichever is greater).
Tree protection fencing shall meet the requirements set within the City of
Fayetteville Landscape Manual. A detail of that fencing is to be included with the plans.
34
City of Fayetteville Landscape Manual
Step 5: Drainage, Grading, and Subsequent Construction Plans
Be sure the project's final drainage and grading plan, submitted for approval to
the City Engineer, is coordinated with your tree preservation plan. Cut or fill • within
tree preservation areas are not permitted without specific tree preservation techniques.
The drainage and grading permit will not be issued
unless it is in accordance with the tree preservation plan.
*Information required for the ATPP is encouraged to be included on the Grading Plan.
Step 6: On -Site Mitigation and Off -Site Alternatives
Indicate on the Tree Canopy Table the amount of canopy in square feet that falls
short of the preservation requirement
Show on the ATPP where all mitigation trees will be planted on site and indicate
the species chosen from the list of approved species found in the appendix
Complete the Mitigation Form
Step 7: Maintenance of Tree Preservation
Prior to starting construction of the proje
protection barriers as specified on the tree presei
preservation areas
If applicable, root pruning, trimming,€iii`€
required prior to any disturbance to the site uMe
In order for the project to remain,nconl
must maintain the protection of all trees`designa
Step 8: Final Plat Approval/Ct
Compliance with the Tree,:`.
and verified by the Urban Forester,
If applicable, any remediar
Forester, must be completed before
ung Construction
cjifired to construct
around all tree
�r preservation activities will be
xpressly allowed by the Urban Forester.
ice with the Tree Ordinance you
"preserved" on the approved ATPP.
of Occupancy
luring construction must be maintained
-iodic site inspections.
vation activity, required by the Urban
of the Certificate of Occupancy.
35
City of Fayetteville Landscape Manual
Sample Abbreviated Tree Preservation Plan
LAN
0
J
0
0 L
til
Q ate..
0
N4
C4L. J 5 '
36
City of Fayetteville Landscape Manual
Tree Preservation Plan Review Criteria
After assuring that the tree preservation plan accurately depicts the existing site conditions, the
Urban Forester will determine if the design incorporates flexible approaches to save trees.
Zoning ultimately dictates the density of a specific development. The Urban Forester then
determines, based of the site analysis and analysis report, if the development can be designed in
such a way as to preserve highest quality canopy. The following factors are considered in the
review of all Tree Preservation Plans:
1. The desirability of preserving a tree or group of trees by reason of age, location,
size or species.
2. Whether the design incorporates the required Tree Preservation Priorities.
3. The extent to which the area would be subject to environmental degradation due
to removal of the tree or group of trees. ''
4. The impact of the reduction in tree cover. adjacent properties, the surrounding
neighborhood and the property on whi!<;lr the'frire or group of trees is located.
5. Whether alternative construction me,Ctiods have5een proposed to reduce the
impact of development on existing t�rees,i
6. Whether the size or shape of the lot reices the flexibility of the design.
7. The general health and conditia a f t be tree or group of trees, or the presence of
any disease, injury or hazard. ,.
8. The placement of the tree ox;gr,,,ouEf trees in relation to utilities, structures, and
use of theproperty.
9. • The need to remove the�ttee;pr'grotzp of trees for the purpose of installing,
repairing, replacing, oi. r,marntaining essential public utilities.
10. Whether roads and, ti'ilit e art=designed in relation to the existing topography,
and routed, where ossiblex to avoid damage to existing canopy.
u. Construction requireme tfor on -site and off -site alternatives.
12. The effects of proposed on -site mitigation or off -site alternatives.
13. The effect other chapters of the UDO, and departmental regulations have on the
development design.
14. The extent to which development of the site and the enforcement of this chapter
are impacted by state and federal regulations.
15. The impact a substantial modification or rejection of the application would have on the
Applicant.
37
City of Fayetteville Landscape Manual
Tree Mitigation Base Density/Off Site Alternatives
When preservation cannot be accomplished and existing canopy is to be removed below
minimum canopy requirements, mitigation is required. Before any Mitigation/Off-Site
Alternatives are carried out, approval must be granted by the Landscape Administrator.
When mitigation is an issue a mitigation form, available from the Landscape
Administrator, detailing all proposed actions should be submitted with the Tree
Preservation Plan. Mitigation and reforestation densities, preferred species, spacing,
and amounts are determined by the tables below.
Existing High
Priority Canopy
Proposed For
Removal
Caliper of Required # of Densit
Replacement trees per acre
Tree removed Factor
Existing Mid -Level
Priority Canopy
Proposed For
Removal <„„>
trees pe FacreW
removed' ' Factor
Existing Low
Priority Canopy
Proposed For
Removal
Required # of Densit
trees per acre y
removed Factor
2" II 200 II 218sf �� ' 150b:zwz:•` II 290sf II 100 436sf
*The Density Factor is a ratio of
Here are the 5 simple steps
mitigation
to number of trees replaced
the size and number of trees needed for
1. Establish how many acres s • "aacanopy fe feet of proposed to be removed on site
q�F
is
that falls below the minimum canopy requirement
EX: 13,000 square feet of canopy
2. Establish the Priority type of the canopy proposed to be removed.
EX: High Priority Canopy
3. Refer to the table and find Density Factor that correlates with Canopy type removed.
EX: High Priority Canopy to be replaced with 2" caliper trees has a Density
Factor of 218sf per replacement tree
4. Take Density Factor and divide by the square feet of canopy removed to get number of
mitigation trees needed.
EX: 13,0000 sqft./218 Density Factor = 59.6 or 60 2" caliper trees to be
planted
5. On -Site Mitigation is preferred over Off -Site Alternatives. Show the location and
c:4
City of Fam#Q@ Landscape Manual
cies of mitigation trees on the tree preservaUnplm nasubmittE
Mitigation/Off-Site Alternatives form at time of submittal
C
39
City of Fayetteville Landscape Manual
Tree Mitigation Form
Project:
Location Address:
Developer:
Engineer:
It is required that this form be submitted concurrently with the Tree Preservation Plan if
mitigation of any kind is sought.
Canopy measurements:
% Tree Canopy:
Required to be Preserved
Total Area of Site:
x * Total Area of Existing Tree Canopy
Acres:
<:
Square Feet: Square Feet:
uo of Total Site Area:
Amount of Preservation Requirement Requested for MitigatolYC
Acres:
Square Feet:_
% of Total Site:
Ta
Type of Mitigation Pursued:
On Site Mitigation ❑ Off Site;.Pr' eservation
List Mitigation Species,
table and on back for fir
Species
Existing Tree Canopy Preserved:
Square Feet:_
% of Total Site
❑ Off Site Forestation Li Tree Fund
of trees to be planted in the space below. Refer to
Caliper 11 Qty,
City of Fayetteville Landscape Manual
Chapter 4:
Landscaping Requirements
.,
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•
(
5.
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B:.
F8' 3
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nl 4
1) •
3
•
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41
City of Fayetteville Landscape Manual
Landscape Requirements:
A complete landscape plan must be submitted and approved prior to building permit
approval for all projects that fall under one or more of the following criteria:
When constructing a parking lot with 5 or more spaces
> When constructing a new development
> Expansion of 25% of the existing building square footage
> When a buffer or screen is required
The following is a checklist to assist in meeting the landscape plan requirements:
Landscape protection — wheel stops or a curb
area and landscaping.
Irrigation - automatic irrigation or hose bibs
Landscaping beds - all landscaping must' e
Soil Amendments - Notes must includethat
Within landscape beds
Structural soil - Note must include delsfaani
required when using tree plantingntsn srde
Mulching - note must indicate miilching`afoi
beds.
Type (species) of trees andilirulsmust be indicated on plans.
Size of plants at installation5hcuEs must reach average height of 3' within 2
years, trees must be 2" caliper a,.
Interior Landscaping mutt be'' into the limits of the parking lot
Tree lawn 1p' mm width 1 tree per 12 spaces
Tree Island -mint' W " idth,i tree per 12 spaces
Exterior landscaping - Aloug R.O.W.
15' adjacent to R.O.W exclusive for landscaping
t tree per 3o L.F.
Continuous planting of shrubs and ground cover- 50% shall be evergreen
Exterior landscaping — Side and Rear
5' between property and parking lot to be left for landscaping maybe grass
or other ground cover.
Existing Tree Protection — as required
Planting details
is required between the parking
i1
Iocated loo' O.C.
sa
in beds with edging indicated.
soil is amended and sod removed.
width of structural soil. Only
ralks but encouraged elsewhere
rid trees and within landscape
42
City of Fayetteville Landscape Manual
Parking Lot Landscaping
Landscaped lots with tree canopies have a dramatic impact on how the lot and, most
importantly, the business functions. Parking lots with trees attract business by creating
a more relaxing atmosphere and a positive image. Trees bring expansive parking lots
down to a comfortable human scale and reduce the high temperatures created by paving
materials. Preserving existing trees correctly will provide immediate results and
supplementing cleared trees with newly planted ones, coupled with landscaping, equates
into a beautified business lot.
Interior landscaping is required for parking lots containing io or more spaces. Two
options are described below: tree lawns or tree islands.
Perimeter landscaping is required for parking lots containing 5 or more spaces. This will
include either a 5 foot landscaped area between prcp2.rty lines or a 15-25 foot landscaped
area along adjoining street right-of-way. See Chapter iof the Unified Development
Code for specifications for interior and perimeter landscape requirements.
Parking Lot Landscape Design Features aril Checklist:
> Trees should be selected to providemriinum mature canopy cover over 50% of
the parking lot.
Trees can be used to direct t fffic3
➢ Air and water can be provided tgtlie root system of an existing tree by
constructing an aeration system beneath the pavement and/or fill (See diagram
in Installation and Maintena'ace Chapter)
➢ Drainage should be ddnsidere €:when curbs are built above the existing grade of a
tree. Curb cuts allow fo 'draiiiage or added drain pipes will help to move the
water away from the tree.`
Consideration should be taken when planning the placement of light poles and
utility boxes. Trees can be used in coordination with lights but a smaller species
may be recommended.
➢ Berm (mound) tree planting strips to assist with screening and add height to the
plants.
Select narrow tree species for narrow spaces and plant at parking space junctions.
Add trees to parking lot areas where spaces cannot be utilized, such as; end
islands, turnarounds, and odd corners.
43
City of Fayetteville Landscape Manual
Interior Landscaping Requirements:
Parking lots containing ten or more vehicles shall be landscaped utilizing one of the
following interior options:
A. ) Tree Lawn - One tree shall be planted for every 12 parking spaces if planting
a lo' wide tree lawn with large tree species.
B.) Tree
Island —
iso sq. Ft.
minimum, minimum width of 8'. One tree shall be
planted
for every
12 parking
spaces with
this
option.
Option A:
Narrow Tree Lawn — a continuous strip between rows of parking. The minimum width of a
tree lawn is 8'; however, if large tree species are used the minimum width is lo'. One tree
shall be planted for every 12 parking spaces with this option. Trees may be grouped or
spaced within the lawn area.
,.—Use o1 IA pgnh to rtapuu pecs.Ns
p'ms mottr on riii y
Men mot.raas accent
punt in n'iNy Nsiwe arms
Pleat. .VnOYm ovaIn9 to Nene
e Into Ny .1 e
— Irte. £Sce eu9airq I summd
aermea pNM.'nq eM.
.flh 1ne me 01 pinnl
moleriu. pr nryip
hnght mo.mitn onNeties
'/.e to mrvmiee %nt 'tM elhcl'
City of Fayetteville Landscape Manual
Option B:
Tree Island -150 square feet minimum, minimum width of 8'. Only medium to large tree
species is allowed within landscape islands. One tree shall be planted for every 12 parking
spaces with this option.
of toe plants
a'n,l -,,aterlal ro, eir'alxY
mule,fal m geeel
In A Oty fbt a reo
Rama firwrn piY+y to Lend
1 vto Pe ule
Tien .rode bu*Ss F %m Cr
xfaal Dona de..
.'t`. Ixe use K plant
N.'9ht ni t,*tI onxrexn
IyT. QIi
FIxY
i717P1M
4net !rt. . aia I •treet ay pMe.Aene
ER
City of Fayetteville Landscape Manual
Landscape Buffers
Purpose:
Buffer strips and screening walls are useful in concealing undesirable views, containing
noise and air pollution, and subduing distracting activities. Functional screens and fences
enhance the appearance of neighborhoods or business parks. Buffers and screens also allow
close integration of different land uses to condense otherwise incompatible operations.
Application:
A view -obscuring fence, vegetative planting, berm, or any combination must reach 6' in
height within the first 3 years as described in the Buffer requirement of the Zoning Code.
Buffers are mandatory when R -r zones are adjacent to nonresidential uses or between
commercial and industrial zones adjacent to R -2,.f ' or R -o zones. Specific details are
available in Chapter r66.io Buffer Strips And Screenii k A list of suggested plants can be
found in the Appendix of this manual.
J✓ ` Iii: /
✓l `. •DES"
PIavings of evergreen cod
deciduous trees reduces noise
pcllut on. Trees and shrcbs on
eerlh nouncs inc'ecses effeclveness
City of Fayetteville Landscape Manual
Street Tree Planting Standards
Streets, trees, and sidewalks go together. Balancing the space requirements for each of
these elements is critical. There are various configurations suitable for situations that
demand the most usable space, and allow ample room for both trees and sidewalks within
street right of ways •
For all new developments that create or develop along a public or private street, a street tree
planting plan is required. This plan shall show the proposed location and species of trees
for the Urban Forester to comment and approve. Non -Residential developments are
required 1 large species tree every 30 linear feet located within the landscape area.
Residential developments are required 1 large species tree per lot located within the right of
way.
Exemptions are possible in areas where the terrain does not allow plantings and/or areas
where trees already exist. At the time of Final Plat or Certificate of Occupancy a
maintenance bond will be required to ensure the health of these trees and be released after
the trees are planted.
The 3 options below show how street trees can be incorporated into the overall design of the
project. Sod can be placed in these lawns in addition to 3-4 inches of mulch around each
tree. This mulch is not only beneficial to the tree but also reduces maintenance.
Tree Lawns
Sidewalk placement along streets should allow adequate green space for tree plantings. The
Master Street Plan for Fayetteville has several dimension requirements for various street
widths.
> Residential Streets 5' green space and 4' sidewalk
> Local Streets 6' green space and 4' or 6' sidewalk
> Collector Streets and Larger to' green space and 6' sidewalk
This option is best for pedestrian use
Fewest problems with tree roots;
However it puts pedestrians close to traffic
Successful tree planter; trees have smaller canopies due to restrictions
:yl
City of Fayetteville Landscape Manual
Urban Tree Wells
This option is only available after approval from the Urban Forester. To ensure the health
of the tree, several requirements need to be met when placing trees in urban plantings:
> structural soil shall be used
the bottom of the well should be open to allow the root system to develop
> the well should be a minimum 4' x 4' or 6 x 6'
> trees should be planted so as the root ball is even with the bottom of the paving
before the grates are placed, 3-4 inches of mulch must be filled in above the tree
> the tree grate design chosen shall allow for expansion of the tree and have 1/4 inch
slot openings to discourage trash from falling underneath
> irrigation is required either in the form of drippers or a hose bib within Too' O.C.
Below is an example of the planting specifications f� tree wells. A similar type diagram
would need to be included on the landscape latt Mnd construction plans for the Urban
P P ;s
Forester to review. ,V�, �<;:•..
._ «z
i;, . ;::
'v
FOR THIS PROJECT:
EACH TREE SHALL
RECEIVE A MINIMUM
.-€
AREA OF B' %'15' OF
CU STRUCTURAL SOIL
•�"'-
INSTALLID PER THIS
..
DETAIL AND DEPTH
. z<,
SHOWN
TREE GRATE:
•
': ``x•
CU STRUCTURAL SOIL
NELNAH FOUNDRY COMPANY�:<•
i
w, ., •
•..
PER AMEREQ, INC.
60- MElROPOUTAN SQUARE
N07 PILE MULCH
I-800-832-8788
MODER *�k R-8707
,•
AGAINST 1REE TRUNK
MATIAR✓1L• CAST GRAY IRON
�3r,
'
INSTALL PER'?
:[[j
MANUFACTURQt5 DETAILS
•:."
_
/QU
AND SPECIFICATIONS
;'
SARE 0Z
-e_ I
SECTION
T
CU STRUCTURAL SOIL
38• DEPTH RECOMMENDED
DRAINAGE TOE
STORM SEWER VIA
PERFORATED PIPE
TREE GRATE AND STRUCTURAL SOIL DETAIL
SCALE NOT TO SCALE
City of Fayetteville Landscape Manual
Stormwater Facilities
Vegetated infiltration basins and dry detention ponds are facilities that do not have
standing water for more than a few hours. These types of facilities are usually required
on development projects but are also an attractive way for homeowners to deal with
water runoff. Planting vegetation in these areas can greatly increase the effectiveness of
infiltration and add aesthetic interest. Some other benefits of creating these vegetated
basins and/or large rain gardens are to:
➢' Increase the amount of water that filters into the ground, which recharges local
and regional aquifers
> Helping protect the community from flooding and drainage problems
> Helping protect the streams and lakes form pollutants carried by urban
stormwater
> Provide valuable habitats for birds, butterfliesand other beneficial insects
Enhance the beauty of the neighborhood, usiriess ,and community as a whole.
All projects requiring this type of stormwater$aoilify must include a planting scheme
with the landscape plan for the Urban Forster fb' pprove. Requirements for these areas
include the following plant material quart tiespe 000 square feet of facility:
_One evergreen or deciduous teeea (2nch caliper deciduous or 8 foot evergreen)
_Four large shrubs/small trees—i3allgn containers or equivalent)
Six shrubs/large rasses l o, o
g(�,gallorrcontainersorequivalent)
_Ground cover plants andor so`d ,(
c:Y
Note: At least go% of the facili .should:be planted with grasses or grass like plants.
For plant selection keep in mind native species that won't require much maintenance
and can handle diverse conditions. Tree species should be chosen that can tolerate 'wet
feet' such as baldcypress, water tupelo, willow, and sycamore. For more information on
plant and tree species visit your local nursery or contact the Urban Forester.
49
City @&ytlk%Landscape Manual
Chapter 4:
Installation and Maintenance
`
`'
/
50
City of Fayetteville Landscape Manual
Landscape Plant Selection: The Right Tree in the Right Place
The factors that determine a tree's success are numerous, and many aspects must be
considered when planting trees. Planting a tree is more or less permanent so careful
consideration needs to be taken when selecting and placing a tree. An ill placed and
selected tree can cause a multitude of problems. On the other hand, a correctly chosen tree
with the right site can offer years of enjoyment.
The existing site conditions dictate what• tree species will work with the current
environmental factors. Hardiness zones (Fayetteville is in zone 6b), soil types, annual
rainfall, light availability, and pests all effect where a tree can be located. The local pests
and annual rainfall can be obtained from a knowledgeable nurseryman. More site specific
details such as light and soil type need to be taken into consideration as well.
Once the site characteristics are known, tree
suitable for landscape material because they
and are adapted to the regions climatic condil
cannot be obtained by native plants and exoti
traits like form or shape, size, color, and tex
accents that aesthetically improve propel:
For instance, evergreens are best
winter winds, while deciduous I
buildings to shade intense summ
moderate weather and at the san
xn>
screen unwanted views. ..:.
can begin. Native species are very
r' t„the area for thousands of years
man
netimes the wanted landscape affect
must be used. All trees have certain
ese features of trees can be used as
n as shade or a screen.
;t corners of structures to protect from cold
on South and Southwest facing walls of
vonderful thing about trees is that they can
beautiful fall color and spring flowering or
The most overlooked element f6treeJselection is the mature size of a specimen. An example
is planting large specimens near o" under power lines that result in space conflicts as the
tree matures. Always be knowledgeable about the final size of the plant material to be
installed.
Determine the purpose of the plant:
Does the site need shade?
Is there something to be screened?
Is color desired in the landscape?
> Is attracting wildlife important?
Consider the existing factors of the site:
> Are there sidewalks or driveways nearby?
51
City of Fayetteville Landscape Manual
> Are there overhead lines?
> What type of soil is in the planting location?
> Is the site near the house?
Which sideof the house is the planting site located?
> Are there underground utilities nearby?
Consider the growth characteristics of the tree:
How much space does the tree require?
> Do the branches hang down or grow upright?
Is it a tall, medium, or short tree at maturity?
> How wide does the canopy get?
Note: For the characteristics and growth habits oftrees =&ee the Appendix at the end of this
manual.
,.
zx:
i...
52
City of Fayetteville Landscape Manual
Landscape Installation
Plants frequently yield poor results or are severely injured in the installation process due to
lack of knowledge on proper procedures. There are many details that must be observed
when installing plant material, for plants are particularly vulnerable in the transportation
and installation periods. To ensure vigorous trees and shrubs:
Be aware of existing soil conditions for excessive moisture levels or otherwise
unsatisfactory planting conditions in accordance with accepted horticultural
practice.
> Never carry trees by the trunk because it will break the roots and reduce the amount
of water the tree can absorb.
> Be sure to keep the roots protected from the environment whether they' are balled
and burlapped, in a container, or bare root stae�C.
> Keep plants watered while in storage.
> The most recent recommendation for preparing a tinge planting hole recognizes the
need to prepare the area where. most of file roots grow — the top 12 inches of soil.
> The planting hole should be three (S-5 times as wide as the root ball and the
existing soil line should be at the samelevel as the root collar on the plant
stem/trunk.
> The sides of the planting hole shoule gouged to prevent a sheer edge.
Container grown plants with robts,thahave become "rootbound" must be separated
prior to planting.
> Lower the plant into the holo b$fhe root ball, not by the trunk.
> Soil from the hole shot.,be._ clfcrpped and redistributed around the root ball. Soil
amendments may beixed'rvth the soil if it is of poor quality — be sure they are
thoroughly mixed.
The soil should be adequate.i 'iamped around the root ball.
> The original soil level should correspond with the finished grade.
Make a saucer around the edge of the hole with the remaining soil. This will
facilitate watering for the first year. The saucer should be removed after one growing
season.
Soak the ground to insure the root ball and surrounding soil is saturated.
Mulch the soil surface of all required plantings with 3 — 4 inches of a coarse media
such as shredded bark, wood chips or compost. Mulches should be placed at least 3-
4 inches away from the tree trunk to keep pests and fungus from entering the bark.
Broken branches should be properly pruned at the time of planting.
All materials should be removed from the plant to prevent girdling in the future,
including rope, trunk wraps, price tags, etc...
When the time comes to visit the nursery and select the plant material, choosing-
quality
plants is very important. .
53
City of Fayetteville Landscape Manual
Buy plants from a reputable nursery:
> Are they a Certified Nurserymen?
Are they members of the American Nursery Association?
> Have they been in business for a period of time?
> Do they have references available?
Examine the tree when purchasing:
> Is the main leader straight?
> Are there any girdling roots forming?
> Are the branches distributed evenly?
> Is the trunk free of bark damage, insects, and disease?
CUT ROPC OR TWINE FROM TRUNK
AND FOLD BURLAP AWAY FROM .TOP OF BALI
Tree Planting Detail
Shrub Planting Detail
54
SET 00 OF TREE BALL AT GRADE
OP SEVERAL PINCHES HIGHER IN
CLAY OR POOR DRAINED SOILS
d' Of BARRR MULCH
PRE'ARED 501' FOR TREE
SCI BALL ON FIRM SOIL/
DO NOT PILE IAULCH AGAINST TRUNK OF TRLL
BLCO AEARTH SAUCER
EXISFNG GRADE
-ac, Imo! tai I C ,.
zjIzTI Tr rn_. P•
WIDE SHA.LOW HOLES WN TAPERED SIDES
PUL'. AWAY TOP HANDS OF PARE BASKET
AND PULL AWAY FROM TOP OF BAL_
4 NCHES MULCH
( SEE LANDSCAPE NOTES
FOR TYPE OF MULCH )
F SHRUB IS 8 & B, THEN
REMOVE BURLAP & ROPF
FROM TOP 1/3 OF BALL
(FILL MIX
UNDIS-URGED SUBSOIL
City of Fayetteville Landscape Manual
Staking
Staking can do more harm to a tree than good and is not recommended unless the trees are
either unusually tall and/or to be planted in a very windy location. Often times staking is
neglected and left on the tree too long girdling the trunk. The extent of staking for trees will
depend on tree strength, expected wind conditions, the amount of vehicular and foot traffic,
the type of landscape planting, and the level of follow-up maintenance. It is recommended
that anchor staking be most utilized. If support staking is required, the tree quality is
possibly substandard and should be replaced. Staked trees will:
grow taller
produce a decreased or even a reverse trunk taper
develop a smaller root system
s': be subject to more stress per cross-sectional w1 *t at the top support point
be more subject to rubbing and girdling froi#ktakes and ties
cause the trunk to grow or bend away frorn`the stake
may be unable to stand upright when uz t ed
Tree Wrap '>
•
Tree wrapping can be very effective fQLnewlj5lanted trees in this area. Tree wrap reduces
the probability of sun scald on thip i ark2d tries such as maple species. Sun scald occurs
when the liquid in the vascular tissue;`of a`tree warms up in the daytime sun and then
freezes quickly at night fall. This: gact 1 n causes the bark to split open vertically along the
trunk. This typically happens"bn to*�soathwest side of the tree.
Tree wrap should always be wi=looe fitting around the trunk of the.tree so as to not
inhibit air flow. Tightly wrapped` I ees have the tendency to stay warm and moist which
encourages rot. Wrap should also be monitored so that it does not girdle the tree as the
diameter increases with growth.
The best defense against sun scald is to orient the tree the same as it was at the tree farm or
nursery. As a defense mechanism, trees will thicken their bark on the sunny side for
protection.
City of Fayetteville Landscape' Manual
Structural Soil
Structural soil was first developed by Cornell University. This mixture allows engineers to
get the compaction required for sidewalks, roadways, and/or parking lots but still allows
porosity for tree roots. Using structural soil in plantings minimizes if not eliminates the
problems urban conditions face with compaction and lack of planting space. It is important
that the ratio of these two components is correct otherwise the product will not work as
designed. Structural soil must be obtained from a licensed and qualified producer to ensure
quality control. Preferably the soil should be used to a depth of 34 inches below the surface
and should extend as far as allowable. Because of the unique compactable capability the
soil can be used from the fronts of business all the way to the curb line. The more area you
allow for the expansion of roots the better quality of street tree you will obtain. Irrigation,
like in all landscaped beds, is very important. The amount of space in these pits that will
allow water to infiltrate is minimal. With the heat `'d pollution found in urban conditions
these trees need ample water to maintain a healthy`C opy. A 3-4 inch layer of mulch
should also be utilized if grates are being used. ;≥']`he m4kh will help hold in moisture for the
tree and discourage weeds from sprouting. .r'
Loading or Compaction F„f1bi€ .,
Stone particle
Soil particle
s
Air of %ater pore
\ Stone contact points
where load is
transferred
Image from "Using CU -Structural Soil in the Urban Environment" -Cornell University
56
City of Fayetteville Landscape Manual -
Sidewalk Tree Pits using Structural Soil
TYPICAL STREET TREE PLANTING - VIEW I
Image from "Using CU -Structural Soil in the Urban Environment" -Cornell University
57
City of Fayetteville Landscape Manual
Landscape Maintenance
Watering:
Adequate water is the most important consideration for the survival of a tree. As a rule of
thumb, newly planted trees need at least ten gallons of water or equivalent to i inch of rain
a week. This can be accomplished by setting the watering hose to a slowtrickleforone half
hour and one hour during periods of drought. The best time to water trees and shrubs is
between 8 p.m. and 8 a.m. A slow 1" rain will compensate for the required watering.
Climate and site conditions will dictate the amount of water needed. For example, during
extremely hot weather more water may be required. Drought situations require special
attention:
I.D. the most important and drought se
control weeds in competition for water
> monitor plants for changes and wilting
> inspect soil moisture by touch or soil n
mulch within driplines of plant to mod
It is important that the total root system
watering system will need to be adjust
Sprinkler systems must be programed
Sprinkler systems for turf areas go. era1
lawn. To supply sufficient watertor:,the
include a longer watering eachtceek !€;;,,.
not all plants can be saved
and maintain moisture
2e"receive moisture. As the treegrows, the
t4ensate for the extended root system.
de adequate water for various plant needs.
enough water for the shallow roots of the
t zone, the watering schedule will needto
All trees and shrubs require water year round. To supplement the plants water
requirements during the wintei di ths, soak the soil around the plant before the ground
freezes.
Fertilizing:
Trees should not be fertilized the first year they in the ground. When trees are transplanted
they tend have an increased amount of stress. Fertilizing during this first year can create
more stress and be detrimental to the health of the tree. During the second year the tree
may be fertilized at the recommended rate in late fall or early spring with a slow -release or
granular fertilizer. Be sure to follow the instructions because over fertilizing can kill the
tree. Fertilizer should be applied at most once a year or in several small applications
spanning the growing season. Do not use lawn fertilizers containing weed killers!
For trees with less than 6" D.B.H. use 1-2 pounds of fertilizer per inch of trunk diameter.
For trees six inches and more in trunk diameter, apply 2-4 pounds of fertilizer per inch of
58
City of Fayetteville Landscape Manual
trunk diameter. This is only a general recommendation; a soil test is suggested for
optimum amounts. To find out exactly what nutrients your soil is deficient in, send a soil
sample for a lab test to the local Co-op Extension office. Commonly free of charge, the
analysis explains what type of fertilizer is needed and what quantity is acceptable.
There are two common ways to fertilize trees: (1) surface broadcast application and the
incorporation of fertilizer into the soil through holes. The faster and more beneficial
method of fertilizing trees is to spread granulated fertilizer onto the surface of the root zone.
It is best if the fertilizer is watered in or applied directly before a light rain. (2) Fertilizer can
also be applied into the soil. This is accomplished by punching holes fifteen inches deep in a
circular pattern around the tree, beginning halfway between the trunk and the dripline.
Stagger the holes so the fertilizer is distributed evenly around the tree and beyond the
dripline.
Pruning:
By following some simple pruning fundamentals, fine tree' and shrub specimens can be
achieved. Pruning is a simple process that catiqas1y be done by an individual. However,
when major pruning of trees is required, it shocld.be left for a professional. For correct
pruning follow these recommendations: ,_:'__: ; ,,,. ""'
> Prune early in life of tree so pruning knunds are small and growth is not obstructed
> Branches that have been broken t oul>be removed as soon as possible.
> Sucker growth at the base dfresuslrtlld be removed unless it is the proper growth
habit of the tree.
> Always prune along tl}e'brancla collar; never leave a stub
z;.
> Late winter is the best:tame torune deciduous trees
> Evergreens should be pitnec) m early spring
> Make cuts back to a lateral bud or another lateral branch, heading back or drop
crotch pruning for large limbs.
> Keep pruning tools sharp, ragged cuts are susceptible to disease and insects
> Identify the leader• and sturdy lateral limbs before pruning, remove weak and
defective branches
Pruning young trees is an important step in establishing how a tree's appearance and
strength will develop. A tree that is properly pruned at a young age will require little
pruning when it matures. Young trees can heal over pruning cuts much easier than older
trees; therefore, select branches that have a wide angled crotch and are equally spaced up
the main leader, avoiding main branches directly above each other. A common rule
estimating the distance between major branches is 3% of the tree's eventual height. For
instance, a 50 foot tree should have scaffold branches spaced roughly i8" apart.
59
City of Fayetteville Landscape Manual
Mature trees cannot handle the stresses of pruning as well as young trees and should be
limited to hazardous or dead limbs. The time to prune older trees is before the spring flush
of growth; the timing aides the tree in closing over the wound faster.
How much canopy can be removed from an older tree before damage is done? Trees
become stressed when more than one fourth of the tree's crown is removed, this varies with
tree species. Older trees do not have the energy reserves to handle removal of the food
producing canopy while younger trees do. For both young and old trees, wound dressing is
generally not recommended and has been proven ineffective. Only aesthetic reason's merit
the use of a safe, non-toxic wound dressing.
For diagrams and more information on the correct pruning procedures contact the Urban
Forester in the Parks and Recreation Division.
Mulching:
(Excerpt from "Nature's Answer to Tree
Arkansas Times by Kim J. Hesse)
Mulch is one the best maintenance pi
The use of mulch simulates the way
keeping a thick layer of organic matt
Mulch will provide:
Soil enhancement — Soil
into the soil and as mulch na
under the mulch will increa
structure will also improve a
This improved soil structure
and nutrient distribution.
8/18/99 by the Northwest
downer can do for trees on a property.
fire cares for trees in a forest setting,
a variety of beneficial things for trees.
xe more fertile as nutrients from the mulch leaches
:dihposes. And the microorganisms that accumulate
lability of the nutrients to the roots of the tree. Soil
h decomposes and increases the porosity of the soil.
the infiltration rate and allows more uniform water
Moderation of soil temperature and an increase in moisture retention — Mulch
will shade and cool the soil in the summer and insulate in the winter. Cooler soil
temperatures will reduce the amount of evaporation and help retain moisture in the dry
summer months. During the winter season, roots within the top 6 inches of the soil are
affected by this regions sudden freeze and thaw cycles and will benefit from a layer of mulch
insulation.
Reduction in erosion and soil compaction — Mulch acts as a natural shock absorber
by reducing soil compaction from foot traffic. (Compacted soil reduces the amount of air
reaching the roots which reduces a roots ability to absorb nutrients) Mulch will also
dissipate the force of water during heavy rainfall therefore reducing the amount of erosion
and loss of organic soil under the tree.
.t
City of Fayetteville Landscape Manual
There are many types of mulch available from garden centers and hardware stores. Often
time's electric companies will provide mulch free to customers. The City of Fayetteville's
composting facility on Armstrong Road provides mulch free to residents. It is important to
be aware of the type and texture of the mulch you use under your. trees. Certain mulches
like Cypress are chosen for their appearance and their longevity. Cypress mulch will not
decompose as quickly as hardwood mulch and the benefits of amending the soil and
increasing the porosity of the soil is reduced. Cedar mulch will typically add too much acid
to the soil. Using saw dust or mulch that has been shredded too finely will create a solid
mat over the soil which will actually reduce the amount of water and air getting to the roots
of the tree. Hardwood mulch is a good mulch for all around use as long as the wood is not
from freshly cut trees often time referred to as green mulch. Green mulch can sometimes
create a nitrogen deficiency in the soil. If you plan to use mulch provided by the city or by
utility companies, request mulch that has been stored for several months versus mulch that
was shredded recently.
How much mulch is needed? The mulch shoulcUb'e diA uted to the edge of the canopy
and spread 3" to 4" thick. Although this may s£sin Tike a large expanse of mulch, consider
the reason behind the mulching. Mulch will fe` and protect the roots and the roots of the
tree spread well beyond the canopy. Since wood �i oes decompose you will need to add mulch
each year. Don't make the mistake of plaerng,morelthan 4" of mulch down so as to avoid
additional work the next year. Too much rriulch'Cviltactually be a detriment by suffocating
the tree. And be aware that the mulch:>mustbe pulled away from the trunk. If mulch is
allowed to accumulate against the,. trunk, theoretained moisture will cause rotting of the
bark, insects and disease will attack bark and small rodents will actually hide in the
mulch and chew on the bark of.,the,tfee;,
Other maintenance issues tote aware: of are:
> Be careful not to injure the tree with a lawn mower or weed eater. This provides an
opening for insects and disease.
> Maintain a bermed saucer around the base of the tree for the first year of planting to
collect and hold water. Then progressively enlarge the saucer to hold more water
and cover the extended root system.
61
City of Fayetteville Landscape Manual
Chapter 5:
Tree Protection During Construction
62
City of Fayetteville Landscape Manual
General Information
(Excerpt from "How Construction Effects Trees" by Kim J. Hesse, published 3/17/99 in the
Northwest Arkansas Times)
On most construction sites, existing trees are not protected and are vulnerable to the
increased activity and use of equipment. Injury to the bark is very common when vehicles
and equipment are present within the limits of the tree's canopy. But more commonly, the
process of grading and trenching result in the greatest destruction to your trees. If you are
considering terracing your yard, adding berms to create interest, or simply installing an
underground irrigation system, be aware of the effects during construction.
When grading a site the existing vegetation and
valuable nutrients and moisture that the roots dep
process will almost always smother tree roots in th
extra soil results in incidental soil compaction. Vel
supplies, and even foot traffic all cause soil compaci
to absorb nutrients and can lead to the death of t
Trenching to install utilities or irrigation lines
prescribed depth, usually 2 feet or more below
tree roots are concentrated in the top 3 feetof
inevitably severs roots. The closer she pis:
percentage of roots effected. Remeiribe a tr
The damage is further magnified btre#rchitg
large, traumatic wounds that ar. diffk.ult to
insects and disease.
soil is usually stripped removing
on. Adding fill during the grading
I below. Trucking or bulldozing in
s, construction equipment, stored
ti{Ich cuts off oxygen the tree needs
invd]ves digging from the surface down to a
gthesttsface of the soil. Since the majority of
,dzi Trenching within the root zone of the tree
to the trunk of the tree, the greater the
e only grows between 4 and ii major roots.
equipment that rip and crush roots leaving
heal, and offer gapping points of entry for
A combination of mistakes d13
rurgConstruction can compound the stress to the tree.
Assume that a couple of major rn'bts are destroyed during trenching and a portion of
absorption roots are crushed when a vehicle is allowed to pass within the dripline of the
tree. The tree has the same amount of crown to feed with possibly 25% less roots needed to
absorb moisture and nutrients. As a result, a portion of the crown declines which means
less photosynthesis can occur further weakening the tree.
With most construction activity being a detriment to existing vegetation, it is best to stay
away from the existing trees or shrubs you plan to preserve. Erect fencing material around
areas that you want to protect. As a general rule, it is important to stay outside of the limits
of a tree's canopy. This means keeping foot traffic, truck traffic, and even the storage of
supplies away from the protected area. Be sure to communicate to everyone involved in the
construction process the importance of staying clear of the fenced areas,. If you are serious
about saving certain trees, plan in advance the design of your improvements.
63
City of Fayetteville Landscape Manual
Many people consider removing the existing trees with the intent to replace them once
construction is complete. Tree replacement, however, is no substitute for preserving
mature, established trees that are providing shade, wildlife habitat, clean air and general
human enjoyment. A tree planted within the urban setting has an average life expectancy of
10 to 35 years due partly to the polluted environment. A young tree planted today must face
a long hard road before it will match the splendor of the mature tree it is replacing. Saving
trees during construction may cost additional money, time and some aggravation but the
value of a mature established tree will far outweigh that cost.
Tree preservation is difficult to do during the construction process and the contractor must
be aware of which trees are to be preserved during the bidding process. Clarity on what
trees and areas are to be undisturbed are critical in preserving valuable site characteristics.
Provided is a list of commonly encountered trees that are especially sensitive to
construction disturbance:
Paper Birch Flowering Dogwood .,£:.'s' Magi oiia species
Betula papyrifera P Py fer•a Cornusflorida s�, Magnolia ssp.
6
Redbud Beech species
•` PP
Cercis canadensis Fagus spp. "° ;ri:.... . Maths ssp.
Fringetree Carolina SiWv tbe1I `' American Hop -hornbeam
<.:
Cbionantbus uirginicus Halesiq,arolitia. ..Ostrya uirginiana
Mockernut Hickory Witch hazel'`. Sourwood
Carya tomentosa Fi hariets uiiJiniana Oxydendrum arboreum
Shagbark Hickory Blhdk ralu it Spruce species
Carya ovata Juglans ngra Picea ssp.
Bitternut Hickory Sweetgum White Pine
Carya cordiformis Liquidambarstyraciflua Pinus strobus
Yellow -wood Tulip Tree Black Cherry
Cladrastis lutea Liriodendron tulipifera Prunus serotina
White Oak Scarlet Oak Southern Red Oak
Quercus alba Quercus coccinea Quercus Falcata
Post Oak Slippery Elm
Quercus stellata Ulmus rubrum
64
City of Fayetteville Landscape Manual
Pre Construction
Preventive measures are very helpful in protecting trees through the construction process.
Awareness of what trees are going to be preserved and their preconstruction condition will
give the caretaker better knowledge of how to protect the tree during construction and what
measures to take after construction. For that reason a pre construction survey is needed; a
tree survey will provide the basis for after construction treatment. A predevelopment
survey will also identify any undesirable trees that can be removed and locate any rare or
important trees that need extra care. The more detailed the initial analysis, the better a
person can manage the actions that need to be taken before, during, and after construction.
One of the best ways to manage existing trees in construction is communication with the
contractor. Just telling the contractor which trees need to be saved is only the beginning.
The developer• or owner needs to communicate why. certain construction practices are
detrimental and periodically monitor progress to insure existing trees are not damaged.
There are several practices that can be done to a<tree to°lxepare it for the stress related to
construction. -
> Construction of a tree protection fence;`' :,:"'
The single most important elemeritn protecting trees. The fence should
extend to the edge of the drib Iitzsori5'from the trunk, which ever is greater.
Spreading of mulch or gravel
A 12" layer of mulch or a>6 la} eof gravel can reduce compaction up to 4" in
depth. A temporary brrdgeran bprmplemented to further reduce compaction
( See diagram on page; 66j Red ce mulch to 4" after construction complete
Pruning
The removal o mbs hanould be an obstruction to equipment should be
removed. FoK,afety and to prevent further damage to the tree, any dead
limbs should als`tbe. re(noved.
> Irrigation
Probably the most important preventive measure is irrigation. Previously
water stressed trees have a poorer chance of survival than a well -watered,
healthy tree. Irrigation should be carried out in normal fashion, wetting
entire root zone to a depth of 2' to 3'. On sites that generate excessive dust
due to construction, the leaves of the trees must be sprayed with water to
prevent dust from clogging pores of the leaves.
> Fertilization
Supplemental nutrients can be applied to trees that exhibit weak, scraggly
crowns and overall poor performance. The only time fertilization is beneficial
is the season before construction is scheduled to begin.
> Construction of a fill/ aeration system. This system allows for gas exchange between
roots and the atmosphere, otherwise not possible when soil is compacted
and/or paving is applied. (See diagram on page 66)
65
City of Fayetteville Landscape Manual
RR fis`sv( 4 fl
A R AA ,QO-
" ®r
• 8• minim
t9all vrilh ro fi' Existing Grade
lootmc j_____ 1 rl -Screened vent ;,ap`
-- r+y �`� n Dr uin lV v'�c)•lich(":(�3>...
Lpe ruin � .,•r
—;'�(2lpped;;J' geolexllle rubric
'Ndln c` tree arc rn a• larger ........ x•°'a'.
C Dmb.1O Uor Of o ;hick layer or
wood mulch with steel plates or
Dlywooa 4 the most eec live
femporoy bridge may be constructed al
steel poles or plywood
Supporting Gmbcrs for driving
surloce ^•oy be subsiduted for
c 6'-'2' layer of tvood mulch
This notion should be
used only rher. traffic
cannot be avoided over
tree roal syste•.
Post shgrs to Direct workers
h attic over the temporary bridge
I/I n
L"imbers or support structure should
run parallel with rco7 system
66
City of Fayetteville Landscape Manual
The following attached table was taken from Trees and De'velopmentA Technical Guide to
Preservation of Trees During Land Development titled Major construction impacts,
construction activities, and methods to minimize tree damage.
Impacts to tree Construction activity Methods/Treatments to
minimize damage
Root loss Stripping site of organic surface soil > Restrict stripping of topsoil
before grading; clearing unwanted around trees
vegetation; demolishing existing > Install fences to protect trees
structures from injury
Any woody vegetation should
be cut level with ground and
not pulled up by roots
Loweririg grade, scarih � in
g'
preparing subgradc for fill and $fM.
m;>.
structures
�cyi,y
\nirn >
Before grading, root prune
tree at edge of excavation to
depth required
Soil beyond cut face can be
removed by equipment sitting
outside of dripline
Use retaining walls with
discontinuous footings to
increase the distance that
natural grade is maintained
Preparing subg:.adg;*orpaaeinent
Use paving section requiring a
minimum amount of
=s,.
excavation
Minimize thickness of
Th
pavement by directing heavy
traffic away from trees
Increase strength of pavement
to reduce reliance on
subgrade for strength
Avoid continuous footings
adjacent to trees
>
Use pier foundations with
Excavation for footings, walls,
beams above grade instead of
foundations
slab
Orient piers to avoid major
roots
Excavate by hand, bridging
roots where possible
>
Where roots must be
removed, cut cleanly with
.appropriate tools, saw, not
backhoe or trencher
Avoid open trenching in root
area
67
City of Fayetteville Landscape Manual
Impacts to
tree
Wounding crown
of tree
Unfavorable
conditions for
root growth;
chronic stress
from reduced
root system
Inadequate soil
moisture
Construction activity
Injury from equipment
Methods/Treatments to
minimize damage
Tunnel under roots, if possible. If
not, dig by hand bridging roots
greater than i"diameter
Consolidate utilities in one trench
Fence tree to enclose low branches
and protect trunk
Clean up wounds up as soon as
possible
> Prune to minimum height
Creating clearance for building, required prior to construction
traffic, construction equipment '`"
k' Consider minimum height
'+2 requirements of construction
.1:>. equipment and emergency
vehicles over road
All pruning should be done by a
Certified Arborist
Fence trees to keep traffic and
Compacted surface soils
` 4 storage out of root area
Provide a storage yard and traffic
areas for construction activity well
away from trees
Where traffic cannot be diverted,
..y
protect soil surface with thick
mulch or steel plates
> Fence trees to exclude dumping
Spills, waste disjgV Clean up accidental spills
immediately
> Use herbicides safe for use around
Soil sterilants (herbicides) applied trees. Adhere to label
over pavement requirements
Impervious pavement over soil
surface
Rechannelization of stream flow;
redirecting runoff; lowering water
table; lowering grade
Minimize use of pavement within
dripline
Consider system to allow low flow
through normal stream
alignments and provide bypass
into storm drains to peak flow
> Provide supplemental irrigation in
similar volumes and seasonal
distribution as would normally
occur
City of Fayetteville Landscape Manual
Impacts to tree
Excess soil moisture
Increased exposure
Construction activity
Underground flow backup;
raising water table
Methods/Treatments
to minimize damage
Lack of surface drainage aw8y
from tree
,.
Thinning sthnds, removal of
undergrowth
Reflected heat from surrounding
hard surfaces
Pruning
Fills placed across
drainage courses must
have culverts placed at
the bottom of the low
flow so that water is not
backed up upstream
Study the geotechnical
report for ground water
characteristics to see
that walls and fills will
not intercept
underground flow
Where surface grades
are to be modified,
make sure that water
will flow away from the
trunk. If tree is in low
point, design drain
system with least
impact to roots
Match irrigation
requirements of tree
and understory
landscape to avoid over
irrigation
Retain forest trees in
groves rather than
singly
Maintain natural
undergrowth
Minimize use of hard
surfaces around trees.
Monitor moisture needs
where water use is
expected to increase
> Avoid severe pruning
where previously
shaded bark would be
exposed to sun.
City of Fayetteville Landscape Manual
6, mpneum spu
M1yFne
Flan view
v we 'mu Oh Ibry:,p
Y.'
City of Fayetteville Standard Notes For Tee gar i Natural Area Protection
1. All bees and natural areas shown on this plan to be presented
be protected during construction with temporary fencing
rltrOProtective fences shall be erected according to City of FnOCIfC
standards for tree protection F,r.
3. Protective fences shall be installed prior to the start.€ any silt
preparation work and shall be maintained throughout tm,t
construction project
4. Erosion and sedimentation control be
maintained in a manner which does not
tree driplines
5. Protective fences shall surround'the trees or grd'Up:bf.trce�s, and will
be located at the dripline, for natural areas, protective tep es shall
follow the limit of construction line, in order to prevent the following:
A. Soil compaction in the root zone area resulting
from vehicular traffic or storage of equipment.
B. Root zone disturhmrees due to grade changes greater than
6") or trenching not reviewed by city arborist
C. wounds to exposed roots, trunk or limbs by mechanical
equipment
D. other activities detrimental to trees such as chemical
storage, cement tntck cleaning, & fires
6. Exceptions to Installing fences at tree driptines may be pennitted in
the following cases:
A. Where there is to be an approved grade change.
impermeable paving surface, tree "-e 1, or other such site
development
B. Where permeable paling is to be installed within a
tree's dripline, erect the fence at the outer limits of the
permeable paving area (prior to site grading so that this area
is graded separately prior to paving installation to minimize root
damage)
70
C. Where trees are close to proposed
buildings, erect the fence to allow 6 to to feet
of work space
between the fence and the building
D. Where there are severe space constraints
due to tract size, or other special requirements
7. Where any of the above exceptinns result in a fence being closer than
4 feet to a tree punk, protect the trunk with.shapped on planking to a
height of 8 feet.( or limits of louver branching) in addition to the
reduced fencing provided
S. Trees approved for removal shall be removed in a canner which
does not impact trees to be presened
9. Any roots exposed by construction activi tv shall be pruned flush with
the soil. Baekfill root areas with good quality top soil as soon as
possible. If exposed root areas are not backfilled within 2 days, cover
them with organic material in a manner which reduces so:1
temperature and minimizes water loss due to evaporation
10. Any trenching required for the installation of landscape irrigation
shall he placed as fm from existing tree trunks as possible
is. No landscape topsoil dressing greater than 4 inches shall he
permitted within the dripline of trees. No soil is permitted on the mot
flare of any tree
t2, Pruning to provide clearance for stnatures, vehicular traffic, and
equipment shall take place before construction begins
13. All finished pruning must be done according to recognized,
approved standards of the industy (reference the National Adwrist
Association Pruning Standards for Shade trees available upon request
from the city arhnrist)
14. Deviations from the above notes maybe considered ordinance
violations if there is substantial non-compliance or if a tree sustains
damage as a result
City of Fayetteville Landscape Manual
Post Construction
Preventive maintenance is far easier to do than attempting to correct the ailments of injured
trees. If possible, collect the preconstruction survey about the health and existing physical
conditions of the preserved trees; the preconstruction survey will help in determining the
impacts of construction and what treatments should be done.
If no previous analysis is available, a survey of the changed site conditions, condition of
trees, and the possible long term results would be beneficial. There are a few key
characteristics of trees and their surroundings that need to be taken into consideration: the
tree's structural stability, health, and affected soil conditions.
Typical signs of tree injury from construction
>
Branch dieback
>
Wounds from equipment
>
Attack from borers and other pests>' ""_< ...•
>
Small leaves
>
Leaf scorch
>
Leaf wilt
>
Early fall defoliation and ccilornton...
>
Heavy seeding ';_:: F'
Once the
problem that is causing unzxantd
stress on preserved trees is identified,
maintenance can be executed. Sadlu th#- iss ittle
a homeowner, or even an arborist, can do
once major damage has been inflktedommon
practices to reduce
construction stress are
as follows:
>
Irrigation
>
Pruning ^'
>
Mulching
>
Fill soil removal
>
Pest management
Fertilization
Tree removal
The most common problem in construction impact is soil compaction. This subject
deserves further explanation because of the variety in methods used to reverse compaction's
negative effects on trees. Soil that is compacted prevents aeration, permeability, and
nutrient absorption. Several processes are highlighted in better detail in Trees and
Development by Matheny and Clark. Most of the processes to help trees should be carried
out by a licensed arborist, not by the contractor. See the appendix on contacts to locate a
qualified person.
71
City of Fayetteville Landscape Manual
Utility Lines and Trees
Underground utility lines are another threat to existing trees during the various phases of
construction. For trees to survive, special planning about utility line routes and placement
must occur. Instead of straight paths for utility lines that devastate tree root systems,
curved paths can be implemented to avoid root and utility conflicts. The example shows
evidence of tree preservation in the design of the structures, but no planning was
considered when routing the utility lines.
When other obstacles prevent the maneuvering of utilities around trees, boring equipment
can allow utility lines to pass under the critical areas of a tree's root.system. A tree's ability
to absorb vital nutrients and water are strictly dependant on its root system; the cutting of
any major roots applies stress that can often lead to death. It is imperative that' to preserve
on site trees careful attention must be exercised where disturbance is going to occur.
Once development is established vegetation card k
lines. For the vitality of the tree and safety fort$ie
shrubs should be used under these lines. Of€6n t
power lines causing power outages and burnid
This creates a very hazardous environrRrrt;lg
recommendations see the back appendix for srhal`,
also recommend species that would ti rk well in
S
a _..
n2d %
NC
72
laritixd under existing overhead utility
ctric lines only small species trees and
�s trees are planted directly under the
occur when the leaves make contact.
eople and structures. For planting
ecies trees. Most utility companies can
;se areas.
City of Fayetteville Landscape Manual
t
Appendix
I r'
ii
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-
- ` •
\. •
£,� .%
? A-:
♦ Y':' ".
V i♦
•s f - f-.
1
I' f It
i
j • r'
li
73
City of Fayetteville Landscape Manual
Appendix A
Mitigation and Landscaping Trees
(* denotes native tree species)
Note: This list is only intended to be used as a guide. There are many other species of trees that
perform well in this region. It is encouraged that people seek advice from local nurserymen,
horticulturists, and/or the Urban Forester to obtain the best plant for their needs. All species
must be approved by the Urban Forester before planted. For a more detailed description of
each species character and botanical name see Appendix B.
Large Species (Mature height reaching 45 feet or above)
Min -Max
Species Botanical Name Spacing Comments
Accolade Elm Ulnusjaponica x wilsoniana 18o' J ybrid elm selected for resistance
I ` and graceful growth habit
*BaldcYP ress Taxodium distichum '$':,,a 2' Very adaptable to most sites, fruit
3 aP
and needles can create a mess
xBeech IS ou' Best kept in open areas, not
tolerant of urban conditions
'Bitternut Hickory Carya cordtformts `` Via' 3T Fruit litter is problem, not for
parking lots, best for open spaces
*Black Oak Quercus velutind'.,.Y I9'-33' Irregular crown, tolerates poor soil
*Black Gum Nyssa sylvatita ,. " 13-22' Fruits can be messy, thrives in wet
g " soils, bright fall color
*Black Walnut Juglans nigra , § 18'-30' Fruits are a litter problem, not for
parking lots and buildings
*Bur Oak Quercus macroca pa 18'-30' Huge tree, slow growing, large
*Chinkapin Oak
Gingko Biloba
Quercus muehlenbergii 18'-30'
Ginkgo biloba 18'-30'
Green Ash Fraxinuspennsylvanica 18'-30'
*Hackberry Celtis occidentalis 15'-26'
Japanese Scholar Tree Sophorajaponica 19'-33'
Japanese Zelkova
74
Zelkova serrata 15'-26'
acorns
Difficult to transplant
Long lived, tolerant of adverse
conditions, distinctive yellow fall
color
'Marshall's Seedless', `Patmore',
and or'Summit' varieties best for
urban conditions
Good choice for urban and street
situations
Pod litter, tolerates stress,
drought, urban conditions
Variety 'Green Vase' has good
urban qualities
City of Fayetteville. Landscape Manual
Min -Max
Species Botanical Name
*Kentucky Coffee Tree Gymnocladus dioicus
Lacebark Elm
Ulmus paruifolia
Spacing Comments
19'-33' Pods are a litter problem,
not recommended for sidewalks
and streets
13'-22' Nice bark, vase form, tough tree,
good in urban conditions, `Allee'
variety
Leyland Cypress
Cupressocyparis Ieylandii
5'-15'
Rapid growth, susceptible to bag
worms
Littleleaf Linden
Tilia cordata
15'-26'
Tolerant of urban conditions-
'
`Greenspire' variety
*Loblolly Pine
Pinus taeda
13'-22'
Adapts to very poor soils, fast
,,,.
t<6:
growth
Norway Maple
Acer platanoides
15> 1 ti:'ti.:-26 > hE,
Tolerates pollution, problematic
urface roots
Norway Spruce
Picea abies
8'40' ,>
Functions as a large screen,
g
moderate growth, pyramidal form
*Northern
Red
Oak
Quercus rubra
19'-3
Tolerant of urban conditions,
acorns a little nuisance
*Nuttall Oak
Quercus taxana$':-30.7
Good street tree, varying fall color,
spreading form
*Osage Orange
Mac1ura pomrfera " , �e
S-22'
Large fruits, best kept as an off -
site forestation species
*Pecan
Carya illinoinensis, "%,..
22'-37'
The nuts produced pose hazards
for sidewalks and streets
`Prospector' Elm
Ulmus wildth Tana «
18'-30'
Vase shaped growth, resistant to
Dutch Elm, very adaptable
*River Birch
Betula nigra
18'-30'
Beautiful exfoliating bark,
tolerates urban conditions, usually
multi -stem, `Heritage'
*Shagbark
Hickory
Carya ovata
15'-26'
Same comments as Bitternut
Hickory
Shingle
Oak
Quercus imbricaria
19'-33'
Transplants easier than most oaks,
very adaptable to location
*Shumard Oak
Quercus shumardi
18'-30'
Tolerates urban conditions, poor
soils, has fall color and strong
wood
*Shortleaf Pine
Pinus echinata
18'-30'
Tolerates a wide range of soils
Silver Linden
Tilia tomentosa
15'-26'
Tolerant of urban conditions
Southern
Magnolia
Magnolia grandiflora
18'-30'
Prefers good soil and room to
develop
*Southern Red Oak
Quercusfalcata
18'-30'
Tolerate poor soils and drought
75
City of Fayetteville Landscape Manual
.Min -Max
Species
Botanical Name
Spacing
Comments
*Southern Catalpa
Catalpa bignonoides
13'-22'
Pod litter can be a nuisance,
adaptable to many different sites,
attractive flower
*Sycamore
Platnus occidentalis
22'-37'
Leaves, twigs, and seed litter, keep
in open spaces, susceptible to
powdery mildew
*Sugar Maple
Acer saccharum
19'-33'
Dense shade, brilliant fall color,
typically has large surface roots
*Sugarberry
Celtis laevigata
19'-33'
No problems, tolerates heat and
drought
*Swamp White Oak
Quercus bicolor
18'-30' F<,
Good open space tree, beautiful
foliage and form
*Sweetgum
Liquidambar styraciflua
18'-3g,'.>''
If fruitless cultivar no+selected,
"zxlust be kept away from traffic
areas, great fall color
Tuliptree
Liriodendron tulipfera
$'fj�
Needs large areas for growth, fast
growing
Turkish Filbert
Corylus coinrna
I8 -o'
Great form, tolerant of many
"'
conditions, few problems
*Water Oak
Quercus nigra _''
S'-26'
Tolerates compacted soils, grows
fast, few problems
*White Ash
Fraxinus amerithha=:Fa
22'-37'
Rapid growth, good fall color
*White Oak
Quercus alba
19'-33'
Sensitive to disturbance, slow
'? '
growth, difficult to transplant
*Willow Oak
Quercus phWllos l
18'-30'
Small leaves not a litter problem,
fast growth
White Pine
Pinus sylvestris '
18'-30'
Does not tolerate wet conditions
Medium Species (Mature height reaching 30-45 feet)
Min -Max
Species Botanical Name Spacing Comments
*Am. Hophornbeam Ostrya virginiana
American Holly
Chinese Pistache
Ilex opaca
Pistacia chinensis
*Eastern Redcedar Juniperus virginiana
v
10'-18' Tolerant of urban conditions,
typically slow growth
to' -18' Evergreen, slow growing,
distinctive red berries
io'-18' Tolerates drought, heat, salt, good
fall color and great urban
10'18' Tolerates difficult conditions
Min -Max
City of Fayetteville Landscape Manual
Species Botanical Name Spacing ' Comments
English Oak Quercus robur 13'-22' Dense canopy, spreading form,
hangs on to leaves in winter
Hawthorns Crataegus paniculata io'-18' Flowers, adaptable to soil, thorns
pose a problem
Goldenrain Tree Koelreuteria paniculata 13'-22' Drought and air pollution tolerant,
multiple seasonal interest
Paperbark Maple Acer griseum 10'-18' Slow growing, exfoliating bark
*Persimmon Diospyros virginiana 9'-15' Messy fruits cause problems in
sidewalks and drives
*Red Maple Acer rubrum 15'-26' Good fall and spring color,
• tolerates poor drainage, surface
roots can be problematic
*Sassafras Sassafras albidurn. 10'-18' ' Irregular form, good fall color, not
•`°' drought tolerant
*Scarlet Oak Quercus coccinea 12'-2..a" '` ;kyramidal when young, adapted to
city, rocky soil, red fall color
Thornless Honeylocust Gleditsia tricanthos i$$-3o?≥≥≥ 'Shademaster' variety, fast
,..
growing
ib. ) )��::�.
*Yellowwood Cladrastis kentuckea 1p-15 Slow growth, few problems,
smooth bark and showy flowers
Small Species (Mature
or near power ilrnes)
Species Botanicdl .. e'
feet, species would be suitable under
Min -Max
Spacing
*American Smoketree Cortinus obovatus 9'-15'
Amur Maple Acer ginnala 9'-15'
*Dogwood Cornus florida io-18'
Crabapple Malus specicosa ro'-18'
`Forest Pansy' Redbud Cercis canadensis 9'-15'
*Fringe Tree Chionanthus virginicus 9'-15'
Hedge Maple Acer campestre 9'-15'
Comments
Tolerant of urban conditions,
excellent fall color
Multi -stem, good fall color
Slow growth, not for hot dry
conditions
Good small flowering tree, pest
resistance is problematic
Similar to Eastern Redbud with
exception to red leaf color
Not for parking lots, prefers sites
like dogwood
Excellent for small tree lawns and
as a street tree
77
City of Fayetteville Landscape Manual
Species Botanical Name
Min -Max
Spacing Comments
`Little Gem' Magnolia
Magnolia grandii fora
9'-15'
Similar to Southern Magnolia but
smaller in size
Possumhaw
Ilex deciduas
9'-t5'
Deciduous holly, red berries
*Redbud
Cercis canadensis
9'-15'
Rounded form, adaptable to sites
*Serviceberty
Amelanchier arborea
io'-18
Not suitable for dry hot sites
Saucer Magnolia
Magnolia x soulangiana
5'-15'
Large flowers, good near
buildings, susceptible to frost
damage
Star Magnolia
Magnolia stellata
5'-15'
Similar to Saucer Magnolia
*Sweet Bay Magnolia
Magnolia virginiana
io'-i8'
Moderate adaptability to urban
'
conditions, not drought tolerant
Trident
Maple
Acer buergerianum
9'-t5- ` i>.,
Good for small lawns and under
Q?p ower lines
Yaupon Holly
Ilex vomitoria
94i5' ,r
Evergreen holly species
78
City of Fayetteville Landscape Manual
Appendix B
Species Characteristic List
*distinguishes native tree species
Large Species (Mature height reaching 45 feet or above)
Common Name Botanical Name Characteristics
Accolade Elm Ulmusjaponica x wilsoniana Arching limbs and graceful vase shape-
*Baldcypress Taxodium distichum
*Bitternut Hickory Carya cordiformis
*Black Oak Quercus velutina
*Black Gum Nyssa sylvatica
*Black Walnut Juglans nig�g
*Bur Oak Quercus maci•ocar pa
*Chinkapin Oak Quercus muehlenbergi
Gingko Biloba Ginkgo biloba
Green Ash Fraxinuspennsylvanica
glossy green foliage turning to yellow in
thelf'all-tolerant to Dutch Elm disease
aft, resistant to the elm beetle
•
•ran'tdal when young- prefers moist
_'' sites bf@adapts well to all conditions-
oderate growth
"s Irregu ar shape, fastest growing of the
'';ickories
r Irregular -moderate growth -difficult to
transplant
:.
Pyramidal -moderate growth -brilliant red
fall color -tolerates urban conditions -
withstands wet, compacted soils-
underused
Oval- growth depends on site conditions -
long lived -fruit creates litter problem
excellent shade tree
Slow to moderate growth -needs plenty of
room- very tolerant and durable -drought
tolerant -large acorns
Irregular form -moderate growth -drought
tolerant -excellent fall color -attractive
form -responds well with fertilizer and
water
Pyramidal -slow grower -air pollution and
salt tolerant -plant only male due to fruit
smell -good yellow fall color -long lived
Upright spreading habit at maturity -fast
growing -susceptible to borer -best if
intermixed with other species-'Patmore',
`Marshall's Seedless', and `Summit' have
79
City of Fayetteville Landscape Manual
Common Name Botanical Name
*Hackberry Celtis occidentalis
Japanese Scholar Tree Sophorajaponica
Japanese Zelkova Zelkova serrata
*Kentucky Coffee Tree Gymnocladus dioicus
Lacebark Elm Ulmus paruifolia
Leyland Cypress Cupressocyparis
Littleleaf Linden Tilia cordata
s )
*Loblolly Pine Pinus taeda
Norway Maple Acer platanoides
Norway Spruce Picea abies
*Northern Red Oak Quercus rubra
*Nuttall Oak
*Osage Orange
Quercus taxana
Maclura pomifera
Characteristics
resistance
Broad, drooping branches- moderate
growth rate -adaptable to climatic
conditions -tolerates alkaline soils
Upright, spreading -moderate growth -
tolerates stress, drought, and urban
conditions -flower and pod liter prevent
street use
Vase shaped -moderate to fast growth -
drought and wind tolerant -excellent
street tree -disease resistant -interesting
foliage -`Green Vase' has good urban
l ow crown, slow to moderate growth -
co ji Mtexture in winter -tolerates urban
conditf6ns-pods create litter problem
Form and growth rate very good in urban
conditions -ice damage possible -tough
fee -interesting mottled bark
Columnar -fast growth rate -good
screening/hedge species -problems with
bagworms
Oval -moderate growth -moist well
drained soil -tolerates urban conditions -
Carolina beetle defoliates tree-
'Greenspire' good urban variety
Pyramidal -fast growth -full sun, adapts to
very poor soils -can be damaged by ice
Rounded -moderate growth rate -adapts
well to different soil types -shallow
surface roots
Pyramidal -moderate to fast growth rate -
likes cool, sandy, moist, acid, well
drained soil -as large screen or hedge
Rounded -moderate growth -slight
pollution tolerant -transplants easily -long
lived -nice fall color
Spreading crown -fast growth -red, orange
varying fall color -stress tolerant -good
street tree -low maintenance
Rounded -rapid growth -extremely tough
80
City of Fayetteville Landscape Manual
Common Name Botanical Name
*Osage Orange - Maclura pomifera
*Pecan
`Prospector' Elm
*River Birch
Carya illinoinensis
Ulmus wilsoniana
Betula nigra
*Shagbark Hickory Carya ovata
Shingle Oak Quercus imbricaria
*Shumard Oak - Quercus shumardi
-
*Shortleaf Pine Pinus echinatau;=
Silver Linden Tilia tomentosa; .:;
Y.:
Southern Magnolia Magnolia grandiflora
*Southern Red Oak Quercus falcate
*Southern Catalpa Catalpa bignonoides
*Sycamore . Platnus occidentalis
• Characteristics
tree -attractive orange colored bark -select
male thornless cultivars if planting-
underused
Uniform oval crown- moderate growth
rate -susceptible to insect and disease
problems -creates high amount of litter
Vase shaped- fast growth rate -resistant to
Dutch Elm- very site adaptable -tough
urban tree
Pyramidal and rounded shape -fast
growth -moist, fertile, acid soils, tolerates
dry.:sites-interesting exfoliating bark-
typfcally multi -stem
q =a1shape-slow growth rate -difficult to
`'transplant- golden yellow fall color -bark
exfoliates in large strips
` 1pright, oval shape- slow to moderate
;growth rate -yellow brown fall color -
accepts pruning well
Broad, oval -fast growth -tolerates urban
conditions well -withstands poor and
abused soils -responds very well to
mulching, fertilizing
Pyramidal -moderate growth -tolerates a
wide range of soils -good combination will
azaleas and other evergreens
Upright, oval shape, moderate growth
rate -good street tree -very tolerant to heat
and drought
Densely pyramidal -slow to medium
growth rate -large creamy white showy
flowers -leaf litter problematic -evergreen
Broad, oval shape -fast growth rate -
tolerates poor soils -drought tolerant -
withstand some neglect -responds well to
fertilizer
Broad spreading- fast growth rate -course
winter texture -adaptable -tolerates
extreme hot, dry conditions -pod litter
problematic
Large stately tree -rapid young growth -
Em
City of Fayetteville Landscape Manual
Common Name Botanical Name
*Sveamore Platnus occidentalis
*Sugar Maple
Celtis laevigata
*Swamp White Oak Quercus bicolor
Liquidambar styraciflua
Liriodendron tulipifera
Corylus colurna
Quercus m .ra:. e'..
Fraxinus Amentcath
Quercus phellos
Pinus sylvestris
Characteristics
tolerant of a wide range of soils
easily transplants -problems with
anthracnose, powdery mildew,
and litter
Oval form -slow to moderate growth -
brilliant fall color -good shade tree
Rounded form- moderate growth -
tolerates heat and drought -adaptable to
soil types -often confused with hackberry
Broad, open form -moderate growth -
drought tolerant -beautiful foliage -decent
fall color
winded form -moderate growth rate-
,..
;i's w. to establish -fruit is a litter problem -
fruit cultivars available -brilliant fall
Rounded when mature -fast growth rate -
does well with ample grow space -good
Gellow fall color with nice flowers in
spring -aphid and leaf spot problems
Broad pyramidal -moderate growth rate -
of adverse climatic conditions -good street
erused
Pyramidal to rounded form -fast growth -
easily transplanted -adapts to wet sites -
weak wood for oak.species
Rounded form -rapid growth -full sun -
good fall color -susceptible to many pest
problems
Rounded and broad form -slow growth
rate -sensitive to disturbance -difficult to
transplant -elegant tree -prefers moist well
drained soil
Oval to rounded -moderate growth rate -
easily transplanted -adaptable to soil
Pyramidal form -fast growth rate -does not
tolerate pollution or salt -best in fertile,
moist well drained soils
City of Fayetteville Landscape Manual
Medium Species
Common Name
(Mature height reaching 30-45 feet)
Botanical Name
*Am. Hophornbeam Ostrya virginiana
American Holly Ilex opaca
Chinese Pistache Pistacia chinensis
*Eastern Redcedar Juniperus virginiana
Characteristics
Pyramidal form -moderate growth
rate -excellent urban tree because of its
high tolerance to wind, drought, and soils
Densely pyramidal form -slow to
moderate growth rate -needs protection
from wind and winter sun -wildlife are
attracted to berries
Broad and rounded form -moderate
grolyth-tolerates drought, heat, and salt-
gvd fall color -excellent street and urban
,
Pyramidal, dense -moderate growth rate -
tolerates difficult conditions -alternate
x l ost for apple cedar rust, don't plant by
crabapples or hawthorns
English Oak Quercus robur
Broadly rounded form -moderate growth
ate -pH tolerant -prefers well drained
sunny locations
is
Hawthorns Crataegus specios'a` ., ��:.
Many different varieties -Washington
hawthorn is native
Goldenrain Tree Koelreuteria prsulitg
Rounded and dense form -moderate
'.
growth rate -drought and air pollution
tolerant -adaptable to soil -subject to ice
damage
Paperbark Maple Acer griseum
Oval and rounded form -slow growth -
adaptable to soils, prefers moist, well
drained soils -full sun -good ornamental
*Persimmon Diospyros virginiana
Irregular -slow growth -red fall color -fruit
bearing keeps it from being an urban
tree -extremely adaptable -site clear of
traffic
*Red Maple Acer rubrum
Rounded -moderate growth rate -tolerates
poorly drained soils, not good for harsh
city conditions -good fall and spring color
*Sassafras Sassafras albidum
Irregular form -fast growth -bright green
foliage with orange fall color -strong
taproot -not drought tolerant -plant young
specimens
83
City of Fayetteville Landscape Manual
Common Name Botanical Name
*Scarlet Oak Quercus coccinea
Thornless Honeylocust Gledisia triacanthos
*Yellowwood Cladrastis kentukea
Characteristics
Rounded pyramidal form -moderate
growth rate -scarlet red fall color -less
problems with•chlorosis than other oaks
Open -spreading form -fast growth rate -
provides filtered shade -tolerates a wide
range of conditions
Broad form -slow growth rate -bright
green foliage -very showy fragrant
flowers -smooth attractive gray bark
Small Species (Mature height less than 30 fe€t, species would be suitable under
or near power lines)
Common Name Botanical Name" Characteristics
E2\.
*American Smoketree Cortinus obov
Amur Maple Acer ginnala
*Dogwood Cornus florida
Crabapple Ma/us speciosa
`Forest Pansy' Redbud Cercis canadensis
*Fringe Tree
Chionanthus uirginicus
Rounded form -moderate growth rate -
tolerant of many urban conditions -
magnificent fall color, long lasting -small
flowers resemble smoke clouds
Rounded multi-stem,growth-moderate
growth rate -yellow and red fall color -
adaptable to wide range of soils and
conditions
Low -branching form -slow growth rate -
prefers partial shade -four seasons of
interest -red drupe fruits with white
showy flowers
Many species with very different
characteristics- narrow upright or
pendulous form -can be very adaptable to
soil conditions-fireblight and wooly
aphids
Small trunk with ascending branches -
moderate growth rate -attractive purple
leaves -very hardy against cold winter
temperatures
Spreading open form -slow growth rate -
extremely adaptable to many conditions
City of Fayetteville Landscape Manual
Common Name Botanical Name
*Fringe Tree Chionanthus virginicus
Hedge Maple Acer campestre
`Little Gem' Magnolia Magnolia grandii lora
Possumhaw Ilex deciduas
*Redbud Cercis Canadensis
*Serviceberry Amelanchier arborea
Saucer Magnolia Magnolia x
Star Magnolia Magnolia
*Sweet Bay Magnolia Magnolia ) rginianh
•
Trident Maple Acer buergerianum
Yaupon Holly Ilex vomitoria
Characteristics
feathery white flowers -tolerant of
pollution
Rounded and dense form -slow growth
rate -tolerant of drought and compaction -
can be pruned into a shrub
Densely pyramidal -moderate to slow
growth rate -mini version of the southern
magnolia -does well as a screen -showy
white flowers
Horizontal and ascending branching -
moderate to slow growth rate -yellow fall
Small trunk with ascending branches-
a:q.
i gyrate growth rate -bright purple
"vY
flowe;-]arge heart shaped leaves
Rounded' crown -moderate growth rate-
olerant of lots of conditions -best done in
'paturalistic plantings
YM-branched tree -moderate growth
rate -small specimen tree -showy flowers -
buds are often bitten by late spring frost
Densely oval -slow growth rate -showy
flowers that open before the leaves -
flowers best in full sun -susceptible to
frost damage
Multi -stem form -medium to fast growth
rate -creamy white blossoms -tolerates wet
shady conditions -injured by frost
Densely oval rounded form -moderate to
slow growth rate -good drought
resistance -prefers full sun -susceptible to
ice damage
Upright form -moderate to fast growth
rate -adaptable to variety of soil types -
does well for informal screening
85
City of Fayetteville Landscape Manual
Appendix C
• Trees, Shrubs, and Vines
for Windbreaks and Screening
(* denotes native species)
Note: This list is only intended to be used as a guide. There are many other species of trees and
shrubs that perform well in this region. Many of the evergreen species found in Appendix B can
be used for the purposed of screening or creating a wind break. Species not listed on either of
these lists require prior approval from the Urban Forester before they are planted.
Common
Botanical
Size
Characteristics
Name
Name
Boxwood
Buxus
i2' -r5'
Broad to rounded- slow growth- not
sempervirens
tolerant of poorly drained sites- don't
-.\- A.,
d8l≤-•microphylla or japonica, won't
atta'ibdesired height
Canadian
Tsuga canadensis
40'
iariable- mod. Growth- tolerant of
Hemlock
' ` :o'
`shade protect from wind and drought-
:. ~
;;;xe11 drained site- good as screen,
s.
a
massing, or hedge
Thorny
Eleagnus pungens
b'-12'
Upright and arching- Rapid growth.-
Eleagnus
will grow in shade, prefers full sun;
adaptable, tolerates salt and pollution -
fragrant fall flowers
Holly
Ilex species
varies
Variable- slow to mod growth. -
protection from wind and winter sun -
birds like fruit
Leyland
Xcupressocyparis
6o'-
Pyramidal- very rapid growth.- tolerates
Cypress
leylandii
70'
a wide range of soils, salt tolerant- good
quick screen or hedge
Chinese
Juniperus
varies
Different cultivars can fit just about any
Juniper
chinensis
situation
City of Fayetteville Landscape Manual
Common Botanical Size Characteristics
Name Name
Spreading Euonymus 8' -in' Oval to rounded- Fast growth-
Euonymus kiautschouicus Euonymus may require spraying
program
English laurel Prunus 10'-15' Spreading and dense- mod. Growth.-
laurocerasus protect from winter sun and wind; will
grow in shade- broad leaves makes good
screen
Rocky Juniperus 30'- Pyramida'w slow growth- takes drought
Mountain scopulorum 40' well- hp, IJor apple cedar rust
Juniper
a,.
Glossy Abelia Abelia x 3'-6' ' Rlnded, spreading- mod to fast
di 9S'anflora groiCh.- tolerates light shade, prefers
#ull surf»;harsh winters kill growth, give
Eastern Arbor- Thuja
vitae occidentalis
Oriental Arbor- Platycladus K,.4'' 20'-
vitae orientalis "' 30'
Pyramidal, upright- mod. Growth.-
tblerates limestone soils; best in moist,
full sun- ice storm damage and other
juniper diseases
Pyramidal, upright- mod. Growth- ph
adaptable, tolerates all but wet soils- ice
storm damage- formal appearance
Japanese Yew Taxus cuspidata 1O'- Irregular- slow growth.- must have good
40' drainage; tolerates city conditions and
extensive pruning- not drought tolerant
Norway Spruce Picea abies
50'- Pyramidal- mod. To fast growth.- likes
70' cool, sandy, moist, acid, well drained
soil- as large screen or hedge
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City of Fayetteville Landscape Manual
Japanese Black Pinus thunbergii 20' -
Pine 40'
Eastern White Pinus strobus 60' -
Pine 8o'
Pyramidal- mod growth- Moist, well
drained soil in full sun; salt tolerant
keeps lower limbs unlike most pines -
short lived
Pyramidal- fast growth- not pollution
tolerant or salt tolerant, best in fertile,
moist well drained soils
Scotch Pine Pinus sylvestris 30'- Pyramidal- moderate growth- will grow
6o' in any well drained soil- requires
pruning when to maintain screen-
tolerates;.extremes
Screening
vines
English Ivy Hedera helix groun Fast"= ;owth- grows in acid to alkaline
€= soils Mil sun or heavy shade- spider
cover ,. mttes'm dry sites, leaf spot- good as a
Virginia
Parthenocissu ; groun
Rapid growth- tolerates pollution -
Creeper
quinquefolic%'
d-
grows in a variety of soils- full sun or
leover
shade- brilliant fall color- climbs by
or
adhesive disks
vine
Boston Ivy
Parthencissus
vine
Moderate growth- adapts to urban
tricuspidata
conditions, much like Virginia Creeper -
burgundy fall color- deciduous- good for
masonry walls
Chinese Wisteria sinensis vine Very rapid growth- moist well drained
Wisteria soils, ph adaptable- deciduous vine -
requires strong support- difficult to
establish
*Trumpet Campsis radicans vine Rapid growth- full sun for best
Creeper flowering- deciduous- attracts
hummingbirds
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City of Fayetteville Landscape Manual
Appendix D
Parking Lot Species
* distinguishes native tree species
The trees listed below are the recommended species for plantings within parking lot islands. A
large species should be chosen unless an extraneous circumstance prevents it. Such
circumstances might include overhead utility lines, site visibility issues, and/or cramped spaces.
Trees and parking lot lights can exist together but additional planning will have to be made. In
these cases a medium species tree is suggested. Approval for any species not included.on-this
list must come directly from the Urban Forester prior to planting.
Large Species (Mature height reaching 45 fee5r above)
Common Name• Botanical Name ` Giaracteristics
Accolade Elm Ulmusjaponica x wilsoniana
Gingko Biloba Ginkgo biloba
Green Ash Fraxinus
Japanese Zelkova Zelkova serrata
Lacebark Elm U1mus parvifolia
Littleleaf Linden Tilia cordata
Northern Red Oak Quercus rubra
Arching limbs and graceful vase shape-
gt..
ossy green foliage turning to yellow in
the fall -tolerant to Dutch Elm disease
and resistant to the elm beetle
Pyramidal -slow grower -air pollution and
salt tolerant -plant only male due to fruit
smell -good yellow fall color -long lived
Upright spreading habit at maturity -fast
growing -susceptible to borer -best if
intermixed with other species-'Patmore',
`Marshall's Seedless', and `Summit' have
resistance
Vase shaped -moderate to fast growth -
drought and wind tolerant -excellent
street tree -disease resistant -interesting
foliage -'Green Vase' has good urban
qualities
Form and growth rate very good in urban
conditions -ice damage possible -tough
tree -interesting mottled bark
Oval -moderate growth -moist well
drained soil -tolerates urban conditions-
japanese beetle defoliates tree-
'Greenspire' good urban variety
Rounded -moderate growth -slight
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City of Fayetteville Landscape Manual
*Nuttall Oak Quercus taxana
`Prospector' Elm Ulmus wilsoniana
Shingle Oak Quercus imbricaria
*Shumard Oak Quercus shumardi
Silver Linden Tilia tomentosa
Southern Magnolia Magnolia grandiflora
*Swamp White Oak Quercus bicolor
pollution tolerant -transplants easily -long
lived -nice fall color
Spreading crown -fast growth -red, orange
varying fall color -stress tolerant -good
street tree -low maintenance
Vase shaped- fast growth rate resistant to
Dutch Elm- very site adaptable -tough
urban tree
Upright, oval shape- slow' to moderate
growth rate -yell ow brown fall color -
accepts pruning well
Broad, oval -fast growth -tolerates urban
conditions well -withstands poor and
alWWsed soils -responds very well to
mulching, fertilizing
,. y
Upflo,t, oval shape, moderate growth
rate -good street tree -very tolerant to heat
and drought
Densely pyramidal -slow to medium
`growth rate -large creamy white showy
flowers -leaf litter problematic -evergreen
Broad, open form -moderate growth -
drought tolerant -beautiful foliage -decent
fall color
Turkish Filbert Corylus colurna.,. ''` Broad pyramidal -moderate growth rate -
tolerant of adverse climatic conditions -
good Street tree-underused
Medium Species (Mature eight reaching 30-45 feet)
Common Name Botanical Name Characteristics
*Am. Hophornbeam Ostrya uirginiana
American Holly Ilex opaca
Chinese Pistache Pistacia chinensis
90
Pyramidal form -moderate growth rate -
excellent urban tree because of its high
tolerance to wind, drought, and soils
Densely pyramidal form -slow to
moderate growth rate -needs protection
from wind and winter sun -wildlife are
attracted to berries
Broad and rounded form -moderate
growth -tolerates drought, heat, and salt -
good fall color -excellent street and urban
City of Fayetteville Landscape Manual
*Eastern Redcedar Juniperus virginiana
English Oak
Hawthorns
Goldenrain Tree
Quercus robur
Crataegusspeciosa
Koelreuteria paniculata
Paperbark Maple Acer griseum
*Red Maple
*Scarlet Oak
Acer rubrum
Quern
Thornless Honeylocust
*Yellovood Cladr•astis.kentukea
tree
Pyramidal, dense -moderate growth rate -
tolerates difficult conditions -alternate
host for apple cedar rust, don't plant by
crabapples or hawthorns
Broadly rounded form -moderate growth
rate -pH tolerant -prefers well drained
sunny locations
Many different varieties -Washington
hawthorn is native
Rounded and dense form -moderate
growth rate -drought and air pollution
tolerant -adaptable to soil -subject to ice
Qti and rounded form -slow growth-
didapt3 ale to soils, prefers moist, well
AIY
f f drained'soils-full sun -good ornamental
;rounded -moderate growth rate -tolerates
poorly drained soils, not good for harsh
city conditions -good fall and spring
'olor-problems with surface roots -best
used in long islands/boulevards
Rounded pyramidal form -moderate
growth rate -scarlet red fall color -less
problems with chlorosis than other oaks
Open -spreading form -fast growth rate -
provides filtered shade -tolerates a wide
range of conditions, variety
`Shademaster'
Broad form -slow growth rate -bright
green foliage -very showy fragrant
flowers -smooth attractive gray bark
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City of Fayetteville Landscape Manual
Appendix E
Shrubs for Arkansas
Note: This list is
only intended to be
used as a
guide.
There
are many other species of shrubs
that
perform well
in this
region. See
Appendix
G for
native
shrubs.
Botanical
Species Name Size Comments
Abelia Abelia species varies Semi -evergreen shrubs,
Summer flowering, prefers partial shade
Althea Hibiscus syriacus 8'in' Deciduous multi -stemmed
shrub, maintenance free and very hardy
;C(%extreme conditions, large attractive
1'blonrns
Arborvitae Thuja species varies €:r Evergf n with a variety
Hof sizes, colors and shapes, some prefer
9'
sun and others prefer partial shade
Barberry Ber•beris species 1' 4 ` Evergreen and deciduous
�.A,
.,; :>> species, extremely low maintenance,
Aq a3
prefers sun to shade
Boxwood Bunts species <gi'vanes Evergreen shrubs,
Excellent for hedges and borders, prefers
ti sun to shade
Buckthorn Rhamnus frtrngut, i'15' Upright dense shrub,
prefers partial shade
Butterfly Bush Buddlei davi'rt , ,U '-io' Hardy deciduous shrub,
;.j
attractive flower spikes in summer,
prefers full sun
Crapemyrtle Lagestromia species varies Prefers full sun, many
different bloom colors and mature sizes
Chokeberry Aronia species 6'-8' Deciduous, brilliant
red fall color, white flowers and berries,
partial shade
Cotoneaster Cotoneaster species varies Deciduous shrubs,
Flowers and berries, prefers sun
Deutzia Deutzia species 1'-4' Showy white flowers in
spring, deciduous, prefers partial shade
Twig Dogwood Cornus sericea 6'-8' Many cultivars such as
'Flaviramea' and `Isanti' that provide
winter interest, prefers sun to shade
Euonymus Euongmus japonicus 2'-6' Many different cultivars,
interesting leaves, evergreen and
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City of Fayetteville Landscape Manual
Elderberry Samibucus nigra 8'-io'
Fragrant Sumac Rhus aromatica `Gro-Low' 8'
Flowering Quince Chaenomelies speciosa 6'
Forsythia Forsythia species 6
Fothergilla Fothergilla gardenia 2'-3'
Fountain Grass Pennisetum alopecuroides
Holly Iles species
Hydrangea Hydrangea
Juniper Juniperus
Lilac Syringa species varies
Mahonia Mahonia species varies
Maiden Grass Miscanthus sinensis `Gracillimus'
Mock Orange Philadelphus species 5'-8
Mugo Pine Pinus mugo 8'
Nandina Nandina domestica i'-3'
deciduous, sun to partial shade
Dark foliage and lemon
scented pink flowers, prefers sun to
partial shade
Glossy foliage, small
yellow aromatic flowers and red hairy
fruit, prefers sun
Multi -stemmed deciduous
flowering shrub, showy flowers, very
hardy, prefers partial shade
Extremely hardy
deciduous shrub, grows quickly, prefers
full sun and has showy yellow flowers in
eaely spring.
:BIt3e. gray leaves and white
O.rnamdfital grass with
slender green leaves (2'-3') and silvery
.rose plumes (3'-4') , prefers sun
?n,
11any different sizes from
t3warf to trees, glossy leaves and
interesting berries, prefers partial shade
Many cultivars and species
to choose from, prefers sun to shade,
spectacular blooms
Many different sizes from
groundcovers to trees with a variety of
shapes and color variations, evergreen
foliage, prefers sun
Fragrant attractive
flowers, hardy, prefers full sun
Evergreen shrubs with
Leathery foliage, flowers and berries,
prefers partial sun
Ornamental grass with
slender silvery green leaves (5') and white
fan shaped plumes (7') , prefers sun
Showy flowers in May and
June, prefers partial shade
Evergreen low
growing shrub Pine, prefers partial
shade
Green leaves and red
93
City of Fayetteville Landscape Manual
berries in fall, prefers sun to shade,
evergreen
Pieris Pieris species varies Evergreen shrubs, new
growth is red and mature leaves are
glossy dark green, prefers sun to shade
Pyracantha Pyracantha species varies Dark green foliage with
bright orange berries, can get very large
but is hardy and prefers full sun
Spiraea Spiraea species varies Many species and cultivars
to choose from, beautiful flowers, prefers
full sun, very hardy
Silverberry Elaeagnuspungens 8'-io' Large spreading evergreen
shrub, tolerates difficult sites, prefers
phi tial shade
Viburnum Viburnum species varies -'Aany species and cultivars
"'to choose from, interesting flowers and
„l- dark green leaves, prefers sun to shade
Weigela Weigela species varies I Mature size varies on
. species and cultivar, deciduous, leaf and
`'Plower color depends on cultivar, prefers
�:\ F•
"`-full sun
Yew Taxus species ,„: caries 4YEvergreen shrubs with
dark green needles, prefers partial shade
Yucca Yucca species L, 154'4> Low evergreen shrub with
sword like leaves, does well in full sun
............
�,..�,
;,: and dry conditions, produces a flower
spike in summer
v '
94
City of Fayetteville Landscape Manual
Appendix F
Significant Tree List
Significant Tree: A tree with a diameter at breast height (DBH) of 24" or more for Fast Growth Species,
r8" or more for Slow and Moderate Growth Species, and 8" or more for Understory Species. A tree may also
be considered significant because of advanced age for its species, or because it represents an uncommon or
endangered species. The list below is just a representation of the commonly encountered trees in
development. Consult the Landscape Administrator for tree species not on the list.
24" DBH or greater
Common Name
Baldcypress
Beech American
Black Cherry (Native)
Black Locust
Bois -D Arc
Catalpa (Northern)
Cottonwood
Eastern Redcedar
Elm American
Hackberry
Loblolly Pine
Shortleaf Pine
Red Maple
River Birch
Sweetgum
styraciflua
Sycamore
:r' `' Platanus occidentalis
Tulip Poplar
""N'""
.Liriodendrum tulipifera
i8H DBH or greater =
Slow Groih or Medium sized Species
Common Name
":;rFjr Scientific Name
American Holly
Ilex opaca
American Linden
Tilia americana
Bitternut Hickory
Carya cordiform
Black Gum
Nyssa sylvatica
Black Hickory
Carya texana
Black Oak
Quercus velutina
Black Walnut
Juglans nigra
Chinese Pistache
Pistacia chinesis
Crabapple
Malusionesis
Cucumber Magnolia
Magnolia acuminata
Gingko
Gingko biloba
Golden Raintree
Koelreuteria paniculata
Kentucky Coffee Tree
Gymnocladus dioicus
Mockernut Hickory
Carya tomentosa
Red Oak Group
Quercus
(Northern Red, Southern
Red, Nuttall, Shumard, Pin, Black, Water, Willow)
Significant Fast Growth Species
Scientific Name
Taxodium distichum
Fagus grandiflora
Prunus serotina
Robinia nseudoacaci
rubrum
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City of Fayetteville Landscape Manual
i8" DBH or greater = Slow Growth or Medium sized Species
Common Name
Scientific Name
Shagbark Hickory
Carya ovata
Ohio Buckeye
Aesculus glabra
Ozark Chinkapin
Castanea o7arkensis
Pecan
Carya illinoensis
Persimmon
Diospyros virginiana
Sassafras
Sassafras albidum
Sourwood
Oxydendrum arboreum
Sugar Maple
Acer saccharum
White Oak Group
Quercus
(Post, Bur, Overcup, Chinkapin, Swamp
Chestnut)
Umbrella Magnolia
Magnolia tripetala
White Ash
Fraxinus Americana
Western Soapberry
Sapindusdrummondi
Yellowwood
Cladrasts kentukea
Zelkova
Zelkovsertata
8" DBH or greater
= Undcrstory Species
$7
Common Name
'<, cientific Name
Blackhaw
'&-'s Viburnum rufidulum
Buckthorn
.. "'Ihamnus caroliniana
Dogwood
^Cornusflorida
Eastern Redbud
Cercis canadensis
Fringetree
Chionanthus virginicus
Hornbeam
Carpinus caroliniana
Hophornbeam
Ostrya virginiana
Japanese Maple
n::::>u
Acer palmatum
PawPaw
,">` `"'
Asimina triloba
Possumhaw
Ilex decidua
Red Buckeye
"iili
Aesculus pavia
Star Magnolia
Magnolia stellata
Serviceberry
Amelanchier arborea
Silverbell
Halesia carolina
Saucer Magnolia
Magnolia soulangiana
Smoketree
Cotinus coggygria
Witch Hazel
Hamamelis virginiana
Sumac
Rhus
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City of Fayetteville Landscape Manual
Invasive and Less Desirable Species
Thefollowing Invasive/Less Desirable species are considered a low priorityforpreservation however these
species may be sustaining valuable resources on
the site such as erosion control or bank stabilization and
shall be reviewed by the Landscape Administrator prior to assuming preservation priority status.
Common Name
Scientific Name
Box Elder
Acer negundo
Black Willlow
Salix nigra
Chinaberry
Melia azedarach
Common Privet
Ligustrum vulgare
Invasive and Less Desirable Species
Common Name
Scientific Name
Green Ash
Fraxinus pennsylvanica
Japanese Black Pine
Pinus thunburgi
Mimosa
Albizia julibrissin
Silver Maple
Acepsaccharinum
Tallow Tree
Spi`'' um sebiferum
Tree of Heaven
'Ai'l itbus altissima
Thorny Honey Locust
" Gleditsi £triacanthos
v[:C•
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City of Fayetteville Landscape Manual
Appendix G
Native Woodlands
Native Woodlands
The Ozark Plateau - The City of Fayetteville and all of Washington County is
encompassed in the natural division of Arkansas called the Ozark Plateau. The state is
divided into five natural divisions each unique in their physical characteristics and plant
communities. The Ozark Plateau is a rugged area of mountainous topography formed by
rivers carving valleys into three plateaus with several individual plant communities.
Several of these plant communities can be found within the limits of the city. For a full
list of these communities see the list below.
Upland Oak -Hickory -Pine Forest —
(Canopied Slopes and Woodlands)
Upland areas with well drained soils. Understorj
blueberry can form a thick cover. Species consist
Trees:
White Oak
Black Oak
Southern Red Oalt
Hickory
Shortleaf Pine:..;:.,,
Flowering I3dgwoo.,
Rusty Blachaw
Eastern Red ` .daL;;
Redbud
Serviceberry
Black Cherry
Sassafras
Black Gum
tends to be sparse, though lowbush
New Jersey Tea
St. John's Wort
Lowbush Blueberry
Beauty Berry
Mesic Oak -Hickory Forest —
(Canopied Slopes and Woodlands)
Moist areas with well drained soils, typically north -facing slopes and rich valleys.
Understory tends to be rich in ferns and moisture -loving plants. Species consist of:
Trees: Shrubs:
Northern Red Oak Wild Hydrangea
White Oak Ozark Witch Hazel
Hickory Ninebark
City of Fayetteville Landscape Manual
Sugar Maple
Chinkapin oak
Sweetgum
Black Walnut
Flowering Dogwood
Brook Euonymous
Bladder -Nut
Leatherwood
Pawpaw
Wild Hydrangea
Spicebush
Mesic Oak -Hickory -Maple Forest — ,
(Canopied Slopes and Woodlands)
'Steep north -facing slopes, often with calcareous soils. This community is
characterized by a well developed shrub layer and a rich understory of ferns. Species
consist of: ,
Trees:
Sugar Maple
Chinkapin Oak
White Oak
Bitternut Hickory
Floodplain Forest —
(Riparian Buffers)
Bottom land fields, along
consist of:
Trees:
Elms
Silver Maples,
Red Maple
River Birch
Sycamore
Cottonwood
Shrubs: ;'
Wild Hydrangea
Alder
Ninebat
Yahoo
streams and intermittent flows. Species
Shrubs:
PawPaw
Spice Bush
Possum -Haw
Brook Euonymous
Dry Oak -Pine Forest / Dry Oak Forest —
(Canopied Slopes and Woodlands)
Ridgetops and west -facing slopes. These are widely spaced with the community
structure approaching that of a savannah. Main understory species is lovvvbush
blueberry. Species consist of:
Trees: Shrubs:
Shortleaf Pine Carolina Rose
White Oak Lowbrush Blueberry
Southern Red Oak New Jersey Tea
Post Oak St. John's Wort
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City of Fayetteville Landscape Manual
Blackjack Oak
Black Oak
Black Hickory
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City of Fayetteville Landscape Manual
Glossary
Abbreviated Tree Preservation Plan: 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: Final action by the Landscape Administrator to 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: A report, which among other things sets forth any alternative designs
the applicant considered in arriving at the proposed design.
Applicant: Any person, party, partnership,
the City's approval of a proposed Tree Pre:
Base Density: The number of trees an applic�
number of the trees proposed to be removed
Branch Collar: Wood tissue that forms
stem and the branch.
Caliper: A trunk diameter mi
measurement must be taken
taken 12" above ground.
or other business entity seeking
plant based upon the quality and
9
of a branch between the main
.mg trees. For diameters of 4" or less,
level. For larger than 4, measurement is
Canopied Slopes: Any land witliastojie of 20% or greater containing trees, woody
shrubs and herbaceous plants thditerve the function of sustaining the structural
integrity of the soil, thus reducing the likelihood of erosion, slide or slump.
Canopy: The combined crowns of all trees on a tract of land.
Champion Tree: The largest tree of species with the United States, State, County, or City.
Critical Root Zone: Area of soil underneath the tree dripline where there are many
important roots that absorb vital nutrients and moisture in order for the tree to survive.
C.R.Z.s vary depending on tree species, soil conditions, moisture levels, and tree size.
Conservation Easement: 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. '
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City of Fayetteville Landscape Manual
Contiguous Woodlands: 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.
Development: The process of changing the use or appearance of land, including, but not
limited to, the construction, demolition or movement of structures, the division of land
into two (2) or more parcels, the removal of trees or woody shrubs, or the grading,
removal or addition of any debris, fill, or soil.
Deciduous: Trees which lose their leaves each year.
Diameter Breast Height (D.B.H.): The diameter of a tree measured at a point 4 1/2 feet
above the ground. If a tree splits into multi -trunks, the trunk is measured at its
narrowest point below the split.
Dripline: An imaginary vertical line that extends d rt q ward from the outermost tips of
`^
the tree branches to the ground.
Evergreen: Broad -leafed and narrow -leafed' Cees4Vbich maintain their leaves or needles
year round.
Forestation: The act of planting trees.
:,.
Invasive Species: Any species
displaces native species.
a region, which becomes established and
Land Disturbance: Clearing; scraping, gtubbing, or otherwise removing or destroying
the vegetation of a site, or adding, removing, excavating, grading, digging, tunneling,
trenching, dumping, piling, dr d ix g, orapplication of toxic substances, storage of
materials, and operation of equipment, or otherwise significantly disturbing the soil 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 and other duties associated with urban
forestry.
Landscape Establishment Guarantee: A bond, irrevocable letter of credit, or other surety
held by the City until the satisfactory conclusion of the three-year landscape
establishment period.
Leader: The main trunk system of the tree.
Mitigation: The planting of trees on site in an effort to lessen the environmental damage
102
City of Fayetteville Landscape Manual
caused by the injury or removal of trees during development.
Native Woodlands: A biological community dominated by trees and woody shrubs
native to the Ozark Plateau, covering an area of ro,000 square feet or greater.
Non-native Woodlands: A biological community dominated by trees and woody shrubs,
covering an area io,000 square feet or greater, that have evolved from non-native
species brought to the area during urban settlement.
Percent Minimum Canopy: The amount of existing tree canopy an applicant must
preserve based on the zoning designation of the land to be developed.
Pruning: The removal of dead, dying, diseased,
brariches.
Rain Garden: Vegetative infiltration basin or
Registered Tree: Any tree listed on a state or
Fayetteville Tree Registry by virtue of histori
objectionable and weak
y or on the City of
age, species, or form.
Riparian Buffer: A biological community cOnsi`t"mg of trees, woody shrubs and
groundcover that exists along the banks of rivers, creeks or intermittent and perennial
^ '
streams. `
as �_
Root Pruning: The trenching orµtfrrig of roots prior to construction to prevent damage
to the remaining root system' nd fl e tRihming of roots where damage has already
occurred. Cuts should be nfade clearEiy with a sharp blade.
Significant Tree: A tree with a diameter at breast height (DBH) of 24" or more for Fast
Growth Species, 18" or more for Slow and Moderate Growth Species, and 8" or more for
Understory Species. A tree may also be considered significant because of advanced age
for its species, or because it represents an uncommon or endangered species.
Soil Compaction: A change in the physical properties of soil which includes a decrease
in soil pore space and oxygen and an increase in water runoff.
Specimen: Trees that are part of a historic site, have been designated as a champion tree
by the State, County, of City, have a diameter of 24 inches at 4.5 feet above the ground,
have exceptional canopy shape and beauty, or are rare, threatened, endangered species.
Structural Soil: Stone and soil particles mixed in a ratio to meet engineering
requirements for load -bearing but porous enough to stimulate root growth. Required
for Urban Tree Wells and encouraged in Parking Lots.
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City of Fayetteville Landscape Manual
Tree: Any self-supporting woody perennial plant, usually having a main stem or trunk
and many branches, and at maturity normally attaining a trunk diameter greater than
three inches at D.B.H. and a height of over to feet.
Tree Preservation Area: Those areas designated for tree protection until the end of
construction.
Tree Preservation Easement: An area proposed by developer, approved by Urban
Forester, and recorded on an easement plat. Once an easement is set up the area may
only be modified or abolished with approval of the City Council and supported by the
Urban Forester.
Tree Preservation Plan: A site plan that delineates tree preservation areas and details
measures to be taken to ensure protection and survivability of trees to be saved.
Undesirable Species: Low Priority trees or other wwottdy shrubs.
Use Buffer: Trees or other woody shrubs thats"&ive.to screen incompatible land uses,
unwanted light, or noise.
104
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City of Fayetteville Landscape Manual
References for City of Fayetteville Certified Tree Services:
West Tree Service Co., Inc.
609 Popular
Fayetteville, AR 72701
479-521-5115
Southern Tree Preservation
Bill Long Certified Arborist
6926 JFK Boulevard #20-232
North Little Rock, AR 72116
888 -785 -TREE
Ozark Tree Service
P.O. Box 1381
Fayetteville, AR 72702
479-443-3670
Williams Tree Service
479-636-2482
Search
Ken's Tree Service
479-756-0506
Northwest Tree Service
479-442-8733 F
a
x ` 'Ozark Electric Cooperative
iIX
:` o oration (not for hire)
of Certified Arborists in your area.
105
H
City of Fayetteville Landscape Manual
Text References:
Arendt, Randall, G. 1996. Conservation Design for Subdivisions: A Practical Guide to
Creating Open Space Networks. Island Press, Washington, D.C.
Bannerman, Roger. 2003. Rain Gardens: A how-to manual for homeowners.
Wisconsin Department of Natural Resources.
Clark, James, R. and Nelda, Matheny. 1998. Trees and Development: A Technical
Guide to Preservation of Trees During Land Development. International Society
of Arboriculture, Champaign, IL
Dirr, Michael, A. 1990. Manual of Woody
Co. Champaign, IL
Harris, Richard W., Clark, and Matheny.
Management of Landscape Trees,
Upper Saddle River, NJ
Phillips, Leonard E. 1993. Urban Treest 4
Master Planning. McGraw-Hill, It. ,
nc>
Whitcomb, Carl E. 1991: Establishiilett ant
Lacebark Inc. Stillwater, OK
106
Plants. 5rh Ed. Stipes Publishing
Integrated
31d.Ed. Prentice -Hall Inc.
Selection, Maintenance, and
;ton, D.C.
of Landscape Plants.
coca lac eS
Consolidated Landscape Code
Proposed Amendments
Cdr-ada uith stnketlnu and additirna in 1dd/highlighted
e
City Council Meeting
September 05, 2006
Amendments Summary
Ch. 151 Definitions
Added definitions of"aspect, caliper, stormwater facility, urban forester"
Redefined application of Landscape Administrator/Urban Forester as common
terms
Ch. 152 Administration
• Added outdoor lighting administration (not related to landscape regulations, but
overlooked when outdoor lighting ordinance was adopted)
• Added Landscape Administrator/Urban Forester to administer Landscape
Regulations, Ch. 177 of the UDC
Ch. 156 Variances
• Added a variance section for landscape regulations, giving findings for granting
variances of landscape provisions using similar language as in other sections of
the UDC
Ch. 166 Development
• Removed Ch. 166.10 Buffer Strips and Screening, relocated under 166.14,
Commercial Design Standards (this subsection all refers to requirements of
screening, and we only require these when non-residential uses are proposed, so I
placed it under this chapter)
• Ch. 1 66.1 4 Commercial Design Standards removed and replaced with attached
"Exhibit A." I have included the strike-thru and highlighted the changed or
amended language in this section. It primarily reorganizes the chapter and adds
the Buffer Strips and Screening under Commercial Design Standards.
Ch. 172 Parking and Loading
• Removed a reference to a landscaped median in 172.04.D.2.a.ii (it creates a
dangerous turning movement)
• Removed all of Ch. 172.07 Parking Lot Landscaping Requirements, relocated to
new Ch. 177.
Ch. 177 Landscape Regulations
• Created new chapter of UDC. Some of this information is new, some replaces that
removed from other chapters above. Primary new regulations are included below.
• Created purpose for Landscape Regulations in the City of Fayetteville.
• Added a requirement for a registered Landscape Architect's seal to be affixed for
those landscape plans associated with Large Scale Developments/Subdivisions
(see comments submitted by President of the Arkansas Chapter of the American
Society of Landscape Architects and Chair of the Arkansas State Board of
Landscape Architects, as well as the Arkansas State Board of Landscape
Architects Act passed in 2001 Regular Legislative Session).
• Revised landscape plan submittal information to make more clear what is
expected.
• Per Planning Commission amendment, added a sub -section on tree plantings
V..
based on aspect, or achieving shade by planting on the south and west sides of
parking areas, etc.
• Added exemptions to certain landscaping requirements upon approval by the
•
Urban Forester due to terrain, existing trees or other physical limitations.
• Added Street Tree Planting standards. This defines the Street Tree Planting
requirements already in place for commercial and multi -family projects, and adds
a requirement for one tree per lot for residential subdivisions, as well as
appropriate maintenance guarantees.
• Added urban street tree standards for those projects in urban/downtown areas or
those projects developing with traditional urban development standards, where
buildings adjacent to the sidewalk do not allow for the 15-25 foot greenspace.
• Added two new sections, Stormwater Facilities and Landscaping for Erosion
Control, both of which dovetail with the Stormwater Regulations proposed by the
Engineering Division. Those trees utilized for Stormwater Facilities may also be
counted as mitigation trees.
TITLE XV`UN IFIED'DEVELOPMENT CODE
CHAPTER 151: DEFINITIONS
151.01 Definitions.......................................................................................................................................2
CD151:1
Fayetteville Code of Ordinances
CHAPTER 151: DEFINITIONS
151.01 Definitions
For the purpose of Title XV, Unified Development
Code, the following definitions shall apply to the
divider sections, chapters, sections or subsections,
unless the context clearly indicates or requires a
different meaning.
A
Aspect. i(Landscape IRegulations)'The angle rof
exposure from isunlig'ht as lit relates'to the slope of the
earth, primarily south And'westiinithis Frgion,
C
Caliper. (Parking and Loading Landscape
Regulations,) A measurement of general tree size
taken at a point located six inches above natural
ground or root ball surface.
L
Landscape administrator. (Tree Preservation
and Protection) The person who is responsible for the
administration of Tree Preservation and Protection,
Chapter 167 sand (Landscape VRegi[lations, chapter
1 i77. Also known as lUrban (Forester.
S
Stormwater Facility. (Landscape (Regulations) A
facility designed to rmeet .the irequirements .for
stonnwater 'management: For ;the purposes of this
section, :stormwater facilities 'refer primarily .to
detention ponds.
IJ
Urban iForeste,. (Tree Preservation and
Protection, (Landscape Regulations) The person 'Who
is rresponsibie ;for the iadm'iriistra`tion of Tree
Preservation and (Protection, Chapter 1167 and
Landscape Regulatians, Chapter IIdT.. Also (known as
Landscape /Admin°istrator.
CD151:2
TITLE XV. UNIEIEb�b8VEL'OPMENftbbE `.'
:;.r.•.;CHAP,TER,152,ADMINI$;T.;RATION♦ .;• ; �,,
152.01 ADMINISTRATORS DESIGNATED
152.02-152.99 RESERVED ..........................
.............................2
............. .... ........... .2
CD152:1
Fayetteville Code of Ordinances
CHAPTER 152: ADMINISTRATION
152.01 Administrators Designated (2) Vegetative elements: Landscape
The following listed sections of the UDC shall be Administrator.
administered, interpreted, and enforced by the person
designated, or his/her duly authorized representative. (di ''Outdoor ILidghting: Zoning and Development
Administer,
(A) Streets and Sidewalks:
(1) Streets: City Engineer.
(2) Sidewalks: City Engineer or his designee.
Cross reference(s)—Streets and Sidewalks, Ch. 171.
(B) Flood Damage Prevention: Floodplain
Administrator.
Cross reference(s)—Flood Damage Prevention, Ch.
168.
(C) Signs: Zoning and Development Administrator.
Cross reference(s)--Signs, Ch. 174.
(D) Development: Zoning and Development
Administrator.
Cross reference(s)—Development, Ch. 166.
(E) Zoning:
(1) Use conditions: Zoning and Development
Administrator.
(2) Nonconforming uses and structures: Zoning
and Development Administrator.
(3) Airport zoning: Building Safety Director.
Cross reference(s)--Zoning Regulations, Ch. 160-165.
(F) Parking and Loading: Zoning and Development
Administrator.
Cross reference(s)—Parking and Loading. Ch. 172.
(G) Physical Alteration of Land: City Engineer.
Cross reference(s)--Physical Alteration of Land, Ch.
169.
(H) Tree Preservation and Protection: Landscape
Administrator.
Cross references) --Tree Preservation and Protection,
Ch. 167.
(I) Stonnwater Management, Drainage and Erosion
Control:
(1) General: City Engineer.
Cross reference(s)JOutdoorlUighting, Ch. r176.
(K) Landscape Regu)ations: Landscape
Adrriinistratori(Urban Fo"rester,).
Cro-ssireference(s)- iandscape /Regulations, ]Ch. 177.
Cross reference(s)--Stormwater Management,
Drainage and Erosion Control, Ch. 170.
(Code 1965, App. A, Art. 9(1), App. B. VII, App. C, Art. V,
§A; Ord. No. 1747, 6-29-70; Ord, No. 1750, 7-6-70; Ord. No.
2697, 1-20-81; Code 1991, §§150.08. 159.65, 160.190,
162.03, 163.06; Ord. No. 3699, §3, 4-20-93: Ord. No. 3963,
§9, 4-16.96; Ord. No. 4100, §2 (Exh. A), 6-1.6-98; Ord. No.
4340, 10.2.01)
152.02-152.99 Reserved
CD152:2
4.
TITLE XV UNIFIED, D�EVELO�PMENT `C'ODE
1. C'HAPTER 1;56: VARIANCES
156.01 GENERAL REQUIREMENTS..........................................................................................................3
156.02 ZONING REGULATIONS.................................................................................................................3
156.03 DEVELOPMENT..............................................................................................................................5
156.04 STORMWATER DRAINAGE AND EROSION CONTROL..............................................................7
156.05 SIGN REGULATIONS......................................................................................................................8
156.06 AIRPORT ZONE...............................................................................................................................8
156.07 LANDSCAPE REGULATIONS........................................................................................................8,
156.08-156.99 RESERVED...........................................................................................................................9
i
CD156:1
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 156: VARIANCES
156,01 General Requirements
All applications for variances shall be submitted in
writing to the person responsible for administration of
the referenced section.
(Ord. No. 4100, §2 (Ex. A), 6-16-98)
Cross reference(s)—Administration, Ch. 152.
156.02 Zoning Regulations
Certain variances of the zoning regulations may be
applied for as follows:
(A) General regulations. A variance shall not be
granted unless and until an application
demonstrates:
(1) Special conditions. That special conditions
and circumstances exist which are peculiar
to the land, structure, or building involved
and which are not applicable to other lands,
structures, or building in the same district.
(2) Deprivation of rights. That literal
interpretation of the provisions of the zoning
regulations would deprive the applicant of
rights commonly enjoyed by other properties
in the same district under the terms of the
zoning regulations.
(3) Resulting actions. That the special
conditions and circumstances do not result
from the actions of the applicant.
(4) No special privileges. That granting the
variance requested will not confer on the
applicant any special privilege that is denied
by Zoning, Chapters 160 through 165, to
other lands, structures, or building in the
same district.
(5) Nonconforming uses. No nonconforming
use of neighboring lands, structures, or
buildings in the same district, and no
permitted or nonconforming use of lands,
structures, or buildings in other districts shall
be considered grounds for the issuance of a
variance.
(B) Consideration by the Planning Commission.
Applications for variances of zoning and
development shall be considered by the Planning
Commission.
(1) Design Overlay District.
(a) Special conditions. The purpose of this
section is to authorize in specific cases
such variances from the regulations of
the Design Overlay District as will not be
contrary to the public interest, where,
owing to special conditions, a literal
enforcement of the Design Overlay
District regulations would result in
unnecessary hardship.
(b) Variance requested. A variance from
the terms of the Design Overlay District
regulations shall not be granted by the
Planning Commission unless and until
the applicant provides from what section
a variance is requested. This shall be
submitted along with the large scale
development plan.
(c) Findings. The Planning Commission
shall make the following findings:
(i) Requirements met. That the
requirements of §156.02.(A) have
been met by the applicant for a
variance.
(ii) Minimum variance. That the
reasons set forth in the application
justify the granting of the variance,
and that the variance is the
minimum variance that will make
possible the reasonable use of the
land, building, or structure.
(iii) Harmony with general purpose.
That the granting of the variance
will be in harmony with the general
purpose and intent of the Design
Overlay District, and will not be
injurious to the neighborhood, or
otherwise detrimental to the public
welfare.
(d) Conditions and safeguards. In granting
any variance, the Planning Commission
may prescribe appropriate conditions
and safeguards in conformity with this
section.
(2) Access to structure. The Planning
Commission shall have the authority to
waive the requirement that every building
hereafter erected or moved shall be located
on a lot which has frontage on a public street
when the property owner provides safe and
convenient access for fire protection and
sanitation vehicles.
(3) Parking variances.
(a) Number of spaces. The Planning
Commission shall have the authority to
vary the number of off-street parking
CD156:3
Fayetteville Code of Ordinances
spaces required in C-3 and C-4
Districts.
(b) Findings. The Planning Commission
shall make findings indicating:
(i) Parking generated. That the
proposed use will not generate as
much parking as required under the
existing standard.
(ii) Shared parking. That shared
parking facilities are available; or
(iii) On -street parking. That on -street
parking can satisfy intermittent and
occasional demands.
(c) Conditions. All waivers shall meet the
conditions listed below:
(1) C-3 and C-4 Districts. Conditions
for waivers in C-3 and C-4 Districts:
In lieu fee. An in lieu fee of
$1,200.00 for each on -site
parking space shall be paid to
the city. This money shall be
held in an interest bearing
account and shall be expended
for public parking facilities
within the district it is collected
within 10 years from the date it
is collected. If said money has
not been so expended within
10 years of the date collected,
said money, together with the
interest thereon, shall be
refunded to the person or entity
who made the contribution; or
b. Shared parking. For any
parking space which is
proposed to be shared under
the provision of §172.05(C).
The applicant must present a
signed agreement with the
owner of the property. The
agreement shall address the
number of spaces required for
both properties, the number of
spaces available together with
a site plan, and any other
pertinent information, such as
restrictions on sharing for
certain days or hours.
(4) Bicycle rack variance. The Planning
Commission may modify or waive the
requirement for or the design standards for a
bicycle rack.
(C) Consideration by the Board of Adjustment.
(1) Bulk and area. Applications for variances of
bulk and area requirements shall be
considered by and may be approved by the
Board of Adjustment.
(2) Public hearing. A public hearing shall be
held.
(3) Findings. The Board of Adjustment shall
make the following findings:
(a) Minimum variance. That the reasons
set forth in the application justify the
granting of the variance, and that the
variance is the minimum variance that
will make possible the reasonable use of
the land, building, or structure.
(b) Harmony with general purpose. The
Board of Adjustment shall further make
a finding that the granting of the
variance will be in harmony with the
general purpose and intent of zoning,
Chapters 1P60 through 165, and will not
be injurious to the neighborhood, or
otherwise detrimental to the public
welfare,
(c) Conditions and safeguards. In granting
any variance, the Board of Adjustment
may prescribe appropriate conditions
and safeguards in conformity with the
zoning regulations.
(d) No variance allowed. Under no
circumstances shall the Board of
Adjustment grant a variance to allow
use not permissible under zoning in the
district involved, or any use expressly,
or Implication prohibited by the terms of
the zoning regulations in said district.
(4)
Action. The
Board of
Adjustment may take
the following
actions:
(a) Reverse or affirm, wholly or partly; or
(b) May modify the order, requirement,
decision, or determination appealed
from and may make such order,
requirement, decision, or determination
as ought to be made, and to that end
shall have the powers of the Zoning and
Development Administrator from who
the appeal is taken.
(5) Vote. The concurring vote of a majority of
the ,members ,present shall .be necessary to
reverse any order, requirement, decision or
determination of the Zoning and
CD156:4
TITLE XV UNIFIED DEVELOPMENT CODE
Development Administrator, or to decide in
(B) Consideration by the City Council — park land
favor of the applicant on any matter upon
dedication. Any variation in the land dedication
which it is required to pass or to effect any
ratios or contribution formulas set forth in
variation in the application.
§166.03(K) shall be considered a variance and
requires approval of the City Council. Upon
(Code 1965, App. A. 5 (VII (a)); Ord. No. 2148, 10-7-75; Ord.
recommendation of the Planning Commission
No. 2351, 6-21-77; Ord. No. 2362, 8-2-77; Ord. No. 1747, 6-
after consultation by the commission with the
29-70; Code. 1991, §160.038(E); Ord. No. 4100, §2 (Ex. A),
Parks. and Recreation Advisory Board, the City
6-16-98; Ord. No, 4293, 2-20-01)
Council, upon determination that enforcement of
156.03 Development
P
§166.03(K) would cause unnecessary hardship.
or that the problems or merits of the development
Certain variances of the development regulations may
reflect unique circumstances, may grant a
be applied for as follows:
variance of the requirements, provided:
(A) General requirements.
(1) Consistent with parks plan. Any dedication
of land or contribution in lieu of land or
1 Undue hardship. If the provisions of
( )
combination thereof shall adequately provide
Development, Chapter 166, are shown by
for the park and• recreational needs of the
the developer to cause undue hardship as
proposed development and be consistent
they apply to this proposed development
with the Fayetteville Parks Plan.
(including, but not limited to financial,
environmental, or regulatory) and that the
(2) Contributions of services, facilities, etc. If
situation is unique to the subject property,
the developer proposes to contribute
the city Planning Commission may grant a
services, facilities, or equipment in lieu of a
variance, on a temporary or permanent
cash contribution, such a contribution shall
basis, to the development from such
not be accepted by the city unless the Parks
provision, so that substantial justice may be
and Recreation Advisory Board has been
done and the public interest secured;
consulted and provides a recommendation
provided that the variation will not have the
as to the appropriateness and safety of such
effect of nullifying the intent and purpose of
contribution.
the development regulations. No variance
shall be granted for any property which does
(C) Consideration by the Planning Commission.
not have access to an improved street.
(1) Design standards.
(2) Conditions and safeguards. In granting
variances, the Planning Commission may
(a) Undue hardship. If the provisions of
prescribe appropriate conditions and
these standards are shown by the
safeguards to secure substantially the
developer to cause undue hardship as
objectives of the standards or requirements
they apply to his proposed development,
so varied.
the city Planning Commission may grant
a variance to the developer from such
3 Preliminary and final plat. An applicant for a
( )
bst
provisions, ' so substantial justice
s that
variance of preliminary and final plat
may be done and the public interest
requirements shall provide the Zoning and
secured; provided that the variation will
Development Administrator with a survey,
not have the effect of nullifying the intent
certified by a registered surveyor or
and purpose of development
registered engineer, of the property
regulations.
proposed for division. Said survey shall
indicate the acreage of all proposed lots.
(b) Conditions. In granting variances, the
Planning Commission may impose such
4 A transfer or adjustment of a
( ) Exception. P 1
conditions as will, in its judgment,
property line between adjoining property
secure substantially the objective of the
owners which does not create a separate,
standards or requirements so varied.
new lot shall not require a variance by the
Zoning and Development Administrator of
(2) Required offsite improvements.
preliminary and final plat requirements, but
must be approved by the Planning Division
Grounds. A developer may petition the
for conformance with existing zoning
Planning Commission for a variance of off -
requirements for lot width, lot area, setback
site improvement requirements in whole or in
requirements, and buildable area.
part on one or more of the following grounds:
CD156:5
Fayetteville Code of Ordinances
(a) No city plans. The city has no plans for
that such variance shall not have the effect
upgrading the substandard street or
of nullifying the intent and purpose of the
road on which off -site improvements are
chapter. The Planning Commission's
proposed to be required by the
approval of said variance must be affirmed
developer,
by the City Council to become effective, and
a denial of the requested variance may .be
(b) Unfair imposition. The proposed
appealed to the City Council.
development has primary access to
improved streets or roads and the
(6) Flood Damage Prevention Code. The
portion of the development which fronts
Planning Commission shall hear and decide
on a substandard street or road is so
requests for variances from the requirement
small or remote from anticipated future
of this ordinance. Any person or persons
traffic patterns as to cause an unfair
aggrieved by the decision of the Planning
imposition on the development.
Commission regarding a variance request
may appeal such a decision in the courts of
(c) Alternate off -site improvements. The
competent jurisdiction.
developer proposes alternative off -site
improvements which will protect the
(a) In passing upon such applications, the
health, safety, and welfare of persons
Planning Commission shall consider all
residing in the proposed development
technical evaluations, all relevant
and the surrounding area and equally
factors, and standards specified in other
benefit said persons.
sections of this ordinance.
(d) Improved streets or roads. The
(b) Variances may be issued for the
developer does not propose access to
reconstruction, rehabilitation, or
the proposed development from an
restoration of structures listed in the
existing substandard street or road, and
National Register of Historic Places,
proposes to provide access by streets or
without regard to the procedures
roads improved to current city or county
identified in the remainder of this
standards.
ordinance. Variances may only be
issued for such repair, or rehabilitation if
(3) Buffer strips and screening.
strict enforcement of the ordinance
would preclude'the structure's continued
(a) Screening. The Planning Commission
designation as a historic structure, and
shall have the authority to grant a
the variance is the minimum necessary
variance from the screening
to preserve the historic character and
requirements prescribed by §1`66.14.
design of the structure.
(b) Conditions. The Planning Commission
(c) Generally, variances may be issued for
may impose reasonable conditions in
new construction and substantial
the granting of a variance to ensure
improvements to be erected on a lot half
compliance or to protect adjacent
acre or less in size contiguous to and
property.
surrounded by lots with existing
structures constructed below the base
(4) Major development - park land dedication,
flood level, providing items (1) through
A developer of a major development can
(11) of §16&03(A) have been fully
petition for a variance from the requirements
considered. As the lot size increases
of §166.03(K) to the Planning Commission,
beyond half acre, the technical
The Planning Commission's approval of said
justification required for issuing the
variance must be affirmed by the City
variance increases.
Council to become effective, and the
Planning Commission's denial may be
(d) Variances shall not be issued within any
appealed to the City Council.
designated floodway if any increase in
flood levels during the base flood
(5) Tree preservation plan. A developer may
discharge would result.
petition the Planning Commission for a
variance from the requirements of Chapter
(e) Variances shall only be issued upon a
167, Tree Preservation and Protection, in
determination that the variance is the
those cases where their strict application
minimum necessary, considering the
would work an injustice as applied to the
flood hazard, to afford relief.
proposed development due to a situation
unique to the subject real property; provided
CD156:6
TITLE XV UNIFIED DEVELOPMENT CODE
(f)
Floodplain variances shall only be
(7) Outdoor Lighting Plan.
issued if:
•
(a) Undue Hardship. So that substantial
(i) There are exceptional or
justice may be done and the public
extraordinary circumstances or
interest secured, a developer may
conditions applicable to the
petition the Planning Commission for a
property involved or to the intended
variance from the requirements of
use of the property, which do not
Chapter 176: Outdoor Lighting, by
apply generally to other property in
showing that their strict application
the same flood zone;
would cause undue hardship as applied
to the proposed development provided
(ii) A determination that failure to grant
that such variance shall not have the
the variance would result in
effect of nullifying the intent and purpose
exceptional hardship to the
of the chapter.
applicant; and,
(b) Conditions. In granting variances, the
(iii) A determination that the granting of
Planning Commission may impose such
a variance will not result in
conditions as will, in its judgment,
increased flood heights, additional
secure substantially the objectives of the
threats to public safety,
requirements so varied.
extraordinary public expense,
create nuisances, cause fraud on or
(Ord. 4714, 6-21-05) -
victimization of the public, or conflict
with the other provisions of the
156.04 Stormwater Drainage And Erosion
Code of Fayetteville.
Control
(g)
Variances may be issued for new
Certain variances of the stormwater management,
construction - and substantial
drainage, and erosion control regulations may be
improvements and for other
applied for as follows:
development necessary for the conduct
of a functionally dependent use provided
Criteria. A variance may• be granted from any
that the provisions of §168.03(A) are
requirement of the stormwater management,
satisfied and that the structure or other
drainage, and erosion control regulations using the
development is protected by methods
following criteria:
that minimize flood damages during the
base flood and create no additional
(A) Special circumstances. There are special
threats to public safety.
circumstances applicable to the subject property
or its intended use; and
(h)
Upon consideration of the factors in this•
section, and the purpose of this
(B) Results. The granting of the variance will not
ordinance, the Planning Commission
result in:
may impose conditions to the granting of
floodplain variances as it deems
(1) Surface water runoff. An increase in the rate
necessary to further the purpose of this
or volume of surface water runoff;
ordinance.
(2) Adjacent property. An adverse impact on
(i)
Any applicant to whom a variance is
any adjacent property, wetlands,
granted shall be given written notice that
watercourse, or water body;
the structure will be permitted to be built
lowest floor elevation below the
I
(3) Water quality. Degradation of water quality;
with a
regulatory flood elevation surcharge and
or
that the cost of flood insurance will be
commensurate with the increased risk
(4) Objectives. Otherwise impairing attainment
resulting from the reduced lowest floor
of the objectives of Chapter 170.
elevation. A copy of the notice shall be
recorded by the floodplain administrator
(Ord. No. 4100, §2 (Ex. A), 6-16.98)
in the office of the Washington County
Clerk and shall be recorded in a manner
so that it appears in the chain of title of
the affected parcel of land.
CD156:7
156.05 Sign
Consideration
Administrator.
Administrator s
174, Signs,
demonstrates:
Regulations
by the Zoning and Development
The Zoning and Development
hall not grant any variance of Chapter
unless and until an applicant
(A) Special conditions. That special conditions and
circumstances exist which are peculiar to the
land, structure, or building involved and which are
not applicable to other lands, structures, or
building in the same district.
(8) Deprivation of rights. That literal interpretation of
the provisions of the sign regulations would
deprive the applicant of rights commonly enjoyed
by other properties in the same district under the
terms of the sign regulations.
(C) Resulting actions. That the special conditions
and circumstances do not result from the actions
of the applicant.
(D) No special privileges. That granting the variance
requested will not confer on the applicant any
special privilege that is denied by Chapter 174,
Signs, to other lands, structures, or building in the
same district.
(E) Nonconforming uses. No nonconforming use of
neighboring lands, structures, or buildings in the
same district, and no permitted or nonconforming
use of lands, structures, or buildings in other
districts shall be considered grounds for the
issuance of a variance.
(F) Time Limitation. Any variance granted shall
automatically be revoked if the applicant does not
comply with the terms of the variance within 90
days from the granting thereof; and, the applicant
shall be required to comply with the literal
provisions of Chapter 174, Signs.
(G) Prohibited. The Zoning and Development
Administrator shall not permit as a variance any
sign the erection of which or the continuance of
which is prohibited by Chapter 174, nor shall any
variance be granted to allow a greater number of
signs than specifically set forth therein.
(H) Content Neutrality; Restrictions. The Zoning and
Development Administrator shall not take into
account the content of any message sought to be
displayed on the sign when determining whether
to grant a variance. Variances can only be
granted for setbacks, area, height, the proposed
on -site location of the sign, or other technical
requirements, and shall not exceed 15% of the
Code requirement.
(Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord 4652, 12-07-04)
Cross reference(s)-Enforcement, Ch. 153; Signs, Ch.
174.
156.06 Airport Zone
(A) Board of Adjustment. The Board of Adjustment
shall have the authority to grant variances from
the height limits prescribed in Chapter 165. Any
person desiring to erect any structure or increase
the height of any structure or permit the growth of
any object of natural growth, in excess of the
heights prescribed, must apply in writing to the
Board of Adjustment for a variance. Such
variance shall be allowed upon a showing of
practical difficulty or unnecessary hardship,
together with a showing that the structure or
object of natural growth in question will not cause
an undue hazard to aircraft operations at the
airport.
(B) Determination from Federal Aviation
Administration. The application for a variance
shall be accompanied by a determination from
the Federal Aviation Administration as to the
effect of a proposal on the operation of air
navigation facilities and the safe, efficient use of
navigable airspace. Additionally, no application
for a variance may be considered by the Board of
Adjustment unless a copy of the application has
been furnished to the airport manager for
comment as to the aeronautical effects of the
variance. If the airport manager does not
respond to the application within 15 days after
receipt thereof, the Board of Adjustment may
grant or deny said application.
(C) Marking and lighting. In granting any application
for any permit or variance, approval may be
conditioned as to require the owner of the
structure or object of natural growth in question to
install and maintain obstruction markings or
lights.
(D) Findings of fact. Written findings of fact and
conclusions of law shall be made by the Board of
Adjustment based upon the evidence offered at
the public hearing.
(Ord. No. 4100, §2 (Ex. A), 6-16-98)
Cross reference(s)-Notification and Public Hearings,
Ch. 157.
3'56 07 Landscape Regulations
(A`) The Planning (Commission :shall Ihave tthe
authoritytolgratit,awartahce;frodl the landscaping
requirements prescribed Iby§17x7.
(B) Findings. The Planning Comniission shall make
the dliowing findings:
CD156:8
TITLE XV UNIFIED DEVELOPMENT CODE
�1)Minimum variance. That the reasons
set forth in the application justify the
'granting of the variance, and that the
variance is the minimum variance that
will make possible the reasonable use of
the land, building, or structure)
C2) Harmony with general purpose. The
'_Planning Commission shall further make
a finding that the granting of the
arance will be in harmony with the
general purpose and intent of the
Landscape Regulations, § 177, and will
root be injurious to the neighborhood, or
'otherwise_detrimental to`the public
welfare?
(3) _Conditions and safeguards. In granting
any variance, the Planning Commission
may prescribe appropriate conditions
and safeguards to ensure compliance or
to protect adjacent property.
4) Udue Hardship. If the provons of the
'standards within Landscape
Regulations, §177, are shown by the
developer to cause undue hardship as
they apply to his proposed development;
the Planning Commission may grant a
variance to the developer from such
provisions, so that substantial justice
'may be done and the public interest
secured: provided that the variation will
'not have the effect of nullifying the intent
and purpose_of.___ development
`_regulations;
156A8.156.99 Reserved
CD156:9
k'.
TITLE.XV,UNIFIED DEVELOPMENT;CODE'
'CHAPTER 1466:: DEVELOPMENT
166.01 SUBDIVISION APPROVAL ..................................................
166.02 PLAT REQUIREMENTS.......................................................
166.03 REQUIRED ON -SITE IMPROVEMENTS - SUBDIVISIONS
166.04 REQUIRED ON -SITE IMPROVEMENTS - SUBDIVISIONS
166.05 LARGE SCALE DEVELOPMENT (LSD).................... ..........
...........................................................3
...........................................................6
IN CITY LIMITS..............................12
IN PLANNING AREA...... ..............16
.........................................................17
166.06 PLANNED ZONING DISTRICT(PZD)...........................................................................................20
166.07 REQUIRED OFF -SITE IMPROVEMENTS.....................................................................................29
166.08 DESIGN STANDARDS..................................................................................................................29
166.09 CONDITION OF ACCEPTANCE....................................................................................................32
166.10
BUFFER eTo�ric n�in croocr:'NWRESERVED�.. -"'
.................................._..._....._..........32
- -_....__...._._
166.11
CONFORMANCE TO PLANS AND REGULATIONS............................:.......................................33
166.12
STRUCTURES NOT ALLOWED OVER PUBLIC EASEMENTS................. ................. ..........
166.13
UNDERGROUND UTILITY WIRES...............................................................................................34
166.14
COMMERCIAL DESIGN AND DEVELOPMENT STANDARDS.......................................
....
166.15
APPLICATION FOR BUILDING PERMIT......................................................................................37
166.16
CONSTRUCTION TO BE AS PROVIDED IN APPLICATION, PLAN, AND PERMITS..
.......
166.17
SUSPENDING ISSUANCE OF PERMITS PENDING ZONING AMENDMENTS....................
......38
166.18
MASTER STREET PLAN SETBACKS.................................. .................................... ......
166.19
EXPIRATION OF PREVIOUSLY APPROVED PLANS AND PERMITS...............................
........38
166.20
EXPIRATION OF APPROVED PLANS AND PERMITS...............................................................38
166.21-166.99
RESERVED...................;........ ........
CD166:1
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 166: DEVELOPMENT
166.01 Subdivision Approval
The subdivider shall follow the procedures in this
chapter for the approval of a subdivision plat.
(A) Concept plan. When a developer intends to
subdivide land within the citys planning area
boundary he/she may first submit a concept plat
to the Zoning and Development Administrator for
the Planning Commission's consideration.
(1) Purpose. The purpose of the concept plat
process is to allow all interested parties an
opportunity to provide the developer with
their input or requirements before the
developer invests a great deal of time or
money into the preparation of detailed plat.
(2) Submittal. The concept plat shall be
submitted to the Zoning and Development
Administrator at least seven (7) days prior to
the Planning Commission meeting at which it
is to be considered.
(3) Information. The concept plat shall contain
the following information:
(a) Copies. The number of copies as
indicated on the application form, drawn
at 1 inch=100 feet or 1 inch=200 feet on
any material so long as it portrays the
intent of the developer;
(b) Vicinity map. A vicinity map which
shows the proposed subdivision location
in relation to the nearest arterial and
collector streets on the Master Street
Plan or Washington County Highway
Plan;
(c) Topography. Topography (USGS is
sufficient);
(d) Natural or physical features. Existing
watercourses, floodplains, tree cover,
and other natural or physical features or
restricting elements;
(e) Utilities. Type of utilities to be provided;
(f) Proposed, use. Proposed use of all
land;
(g) Traffic system. Existing and proposed
traffic system;
(h) Structures. Proposed type and number
of structures;
(i) Developer identification. Name,
address, and telephone number of
owner, developer, and engineer or
surveyor; and
Q) Subdivision identification. Subdivision
name, scale, date, north arrow and
acreage.
(4) Distribution. The concept plat will be
distributed to the city's department heads,
members of the technical advisory
committee and other affected parties. Any
comments concerning the proposed
subdivision received by the Zoning and
Development Administrator shall be passed
on to the developer.
(5) Planning Commission review. The Planning
Commission will review the proposed
subdivision considering all applicable city
plans and ordinances, and comments
received from technical review people and
the Zoning and Development Administrator.
Following its review, the Planning
Commission will determine any potential
problems which could result in refusal to
approve a final plat. Following Planning
Commission review the Zoning and
Development Administrator will advise the
developer in writing of the review comments.
Cross references) ---Notification and Public Hearings,
Ch. 157; Departments, Boards, Commissions and
Authorities. Ch. 33.
(B) Preliminary plat.
(1) Application/information. When a subdivision
of land is proposed, the first formal
application for approval shall be directed to
the Planning Commission and submitted to
the Zoning and Development Administrator
and shall consist of the following:
(a) Application for preliminary subdivision
plat approval.
(b) Payment of the preliminary plat fee.
(c) The number of copies of a preliminary
plat as indicated on the application form
of the proposed subdivision which plat
shall include the information indicated
for preliminary plats in §166.02. The
preliminary plat shall be reviewed first
by the Plat Review Committee. The
developer shall then submit necessary
copies of the plat, with revisions as
recommended by the Plat Review
Committee, for the distribution to the
Planning Commission.
CD166:3
Fayetteville Code of Ordinances
(2) Submittal. Application for preliminary plat construction until plans have been
approval shall be submitted to the Zoning approved.
and Development Administrator at least 15
days prior to the meeting of the Planning (b) Tentative approval. Approval of the
Commission at which consideration is preliminary, plat is tentative pending
requested. submission and approval of the final
plat.
(3) Plat Review Committee and Subdivision
Committee procedure, Following submittal (c) Effectiveness. Approval of the
of a preliminary plat, final plat or large scale preliminary plat shall be effective for one
development plan the Zoning and (1) year and thereafter as long as work
Development Administrator shall: is actively progressing on the installation
of required improvements.
(a) Distribution to Plat Review Committee.
Distribute the proposed development to (d) Site preparations. Receipt by the
the Plat Review Committee for its review subdivider of the Planning
and comment. Commission's written approval of the
preliminary plat authorizes the
(b) Schedule meeting. Schedule a meeting subdivider to proceed with:
of the Plat Review Committee to
consolidate comments on all plats (1) The preparation of site
submitted for consideration. improvement plans and
specifications including:
(c) Comments provided to Subdivision
Committee, The Plat Review a. Street plans, profiles and
Committee comments shall be provided specification accompanied by
to the Subdivision Committee for its soil analyses and design
review and decision or recommendation. calculations;
(d) Recommendation to Planning b. Storm drainage plans, profiles
Commission. The Subdivision and specifications accompani-
Committee will review the Plat Review ed by soil analyses and design
Committee comments and make a calculations; and
recommendation to the Planning
Commission. c. Water and sewer plans,
profiles and specifications,
(4) Planning Committee action, accompanied by design
calculations, to be reviewed
(a) Consideration of reports and comments. and approved by city officials.
The Planning Commission shall
consider the preliminary plat along with (ii) Site improvements. The installation
all reports and comments by utility of site improvements after plans
companies, city departments and and profiles for such improvements
others. have been approved by the
appropriate official.
(b) Approval/disapproval/conditions. Within
30 days after the Zoning and (e) Preparation of final plat. Preparation of
Development Administrator's receipt of the final plat of the subdivision or of a
the preliminary plat, the Planning portion of the subdivision.
Commission shall indicate its approval,
disapproval, or approval with conditions. (C) Concurrent plat. When a property owner wishes
to transfer one or more parcels, each of which
Cross reference(s)-Appeals, Ch. 155; Notification and contains more than five (5) acres, or wishes to
Public Hearings, Ch. 157. transfer parts of recorded lots that do not require
replatting, dedications, vacations, reservations,
(5) Approval. Approval of the preliminary plat changes in alignments of easements or rights -of -
shall be subject to the following
qualifications: way, or the extension of utilities, the Planning
Commission may waive the preliminary plat and
a No authorzation to approve the final plat (a concurrent plat) for filing
(a) proceed. Such with the county recorder.
approval does not constitute
authorization to proceed with (D) Final Plat.
CD166:4
TITLE XV UNIFIED DEVELOPMENT CODE
(1) Application for approval. While the Planning
the Zoning and Development
Commission's approval of the preliminary
Administrator for city records.
plat is in effect; the subdivider may submit to
the Zoning and Development Administrator
(ii) The developer shall file the other
an application for approval of the final plat
mylar and any covenants with the
which shall consist of
county recorder and shall provide
the Zoning and Development
(a) Application. Application for final
Administrator with proof of filing.
subdivision plat approval.
No building permits shall be issued
until proof of filing has been
(b) Fee. Payment of the final plat fee.
provided by the developer.
(c) Copies of plat. The number of copies of
(b) The copies of the final plat as required
the final plat as indicated on the
by the Zoning and Development
application form, which plat shall include
Administrator, with the approval of the
the information required for final plats by
Planning Commission certified thereon
§166.02. Following review of the final
including all signatures.
plat by the Plat Review Committee, the
.
developer shall submit the necessary
(6) Dedications. The City Council accepts all
copies of the plat, with any revisions, for
streets and alleys located in Fayetteville that
distribution to the Planning Commission,
have been previously approved and
accepted as dedications by the Fayetteville
(d) Certification by city staff. Certification
Planning Commission. The City Council
by the street superintendent and City
confirms the acceptance of all such streets
Engineer that all improvements have
and alleys dedicated by developers/owners
been installed as approved,
to the city which have been approved by the
Fayetteville Planning Commission.
Cross reference(s)-Bonds and Guarantee, Ch. 158.
(2) Submittal. An application for approval of a
final subdivision plat shall be submitted to
the Zoning and Development Administrator
not less than 15 days prior to the meeting of
the Planning Commission at which
consideration is requested.
(3) Procedure. The final plat procedure shall
follow that of the preliminary plat. Final plats
may be approved by the Subdivision
Committee.
(4) Approval / disapproval. Within 60 days after
receipt of the final plat and other required
information, the Planning Commission shall
approve or disapprove the final plat, which
approval or disapproval shall be
communicated to the applicant in writing.
(5) After approval. When the final plat has been
approved by the Subdivision Committee or
the Planning Commission, the subdivider
shall submit the following to the Zoning and
Development Administrator.
(a) Two original reproducible transparent
mylars:
(i) One reproducible transparent mylar
copy of the final plat containing the
certification of the Planning
Commission shall be retained by
(Code 1965, App. C., Art. II. §§A —D; Ord. No. 1750, 7-6-70;
Ord. No. 2581, 12-4-79; Ord. No. 2789, 1-18-82; Code 1991,
§§159.010; 159.11(C), 159.12, 159.13; 159.14; Ord. No.
3781, §1, 4-19-94; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord.
No. 4350, §1, 11.20-01)
Cross reference(s)-Bonds and Guarantees, Ch, 158;
Fees, Ch. 159.
(E) Lot splits.
(1) Application for approval. When a property is
to be subdivided into only one new lot, the
application shall be submitted to the Zoning
and Development Administrator and consist
of the following:
(a) Application. Application for lot split approval.
(b) Fee. Payment of lot split fee.
(c) Survey. A survey, certified by a
registered surveyor or registered
engineer of the property proposed for
division. Said survey shall indicate the
acreage of all proposed lots.
(2) Submittal. Application for lot split approval
shall be submitted at least 15 days prior to
the meeting of the Planning Commission at
which consideration is requested.
(3) Subdivision Committee approval. The
procedure for a lot split shall follow that of
CD166:5
Fayetteville Code of Ordinances
the preliminary plat. A lot split may be
approved by the Subdivision Committee.
(4) Administrative approval. The Zoning and
Development Administrator may grant a lot
split if the property meets the following
requirements:
(a) First division: three (3) acres, each lot.
(b) Second and third divisions: five acres,
each lot.
(c) No dedication of street right-of-way is
required
(5) After approval. The applicant shall submit to
the Zoning and Development Administrator
the copies of the lot split as required by the
Zoning and Development Administrator.
(F) Property line adjustment. A transfer or
adjustment of a property line between adjoining
property owners which does not create a
separate, new lot shall be approved by the
Zoning and Development Administrator for
conformance with existing zoning requirements
for lot width, lot area, setback requirements, and
buildable area.
166.02 Plat Requirements
(A) Original plan drawings. The original plan shall be
drawn in waterproof ink on mylar or other
reproducible, stable base material at a scale
which best suits the size of the property being
platted. If the scale is other than 1 inch=100 feet,
then the developer shall provide one print or
photo conversion at a scale 1 inch=100 feet.
Mylar sheets shall be 18 inches by 23 inches.
(B) Plat information. The following information shall
be submitted to the Planning Commission for
review and approval:
(1) General.
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Name, address,
zoning and property
lines of all property
owners adjacent to
X
X
X
X
X
X
the exterior
boundaries of the
project.
Name, address,
telephone numbers
of owner(s),
X
X
X
X
X
X
developer(s) and
project
representatives
North arrow, scale
(graphic and
written),date of
X
'X
X
X
X
preparation zoning
classification, and
proposed use.
Title block located in
the lower right hand
comer indicating the
name and type of
X
X
X
X
X
project, scale, firm or
individual preparing
drawing, date and
revisions.
Provide a complete
X
X
X
X
X
and accurate legend
_
A vicinity map of the
project with a radius
of 1.5 miles from the
project. This map
shall include any
X
X
X
X
X
X
Master Street Plan
streets as well as the
100 year floodplain
boundary.
Street right-of-way
lines clearly labeled.
The drawing shall
depict any future
R.O.W. needs as
determined by the
AHTD and Master
X
X
X
X
X
X
Street Plan. Future
R.O.W. as well as
existing R.O.W. and
centerlines should
be shown and
dimensioned.
The location of all
X
X
X
X
X
exlstlnQ structures.
Site coverage note
indicating the
percentage of site
x
that Is covered by
both buildings and
surfaced area.
CD166:6
TITLE XV UNIFIED DEVELOPMENT CODE
(2) Legal description.
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Written legal
descriptions
including area in
square feet or acres
that read clockwise
(Note: If the project
X
X
X
X
X
X
is contained in more
than one tract, the
legal for each
individual tract and a
total tract description
must be provided.)
Boundary survey of
the property shown
on the plat. The
surveyor shall seal,
X
X
X
X
X
X
sign and date the
survey. The survey
shall be tied to state.
plan coordinates..
Provide a
benchmark, clearly
defined with an
accuracy of 1/100'.
This benchmark
must be tied to USC
X
X
X
X
X
& GS Datum.
Benchmarks include
but are not limited to
the following: fire
hydrant, man hole,
etc.
Point -of -beginning
from a permanent
well-defined
reference point. This
X
X
X
X
X
X
P.O.B. shall be
clearly labeled on
the drawing.
Each plat shall have
2 points described in
State Planes
Coordinates,
X
X
X
X
X
X
Arkansas, North,
North American
Datum, 1983 (NAD
83
Curve data for any
street which forms a
X
X
X
project bounds
(3) Floodplain / floodways / wetlands.
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Show 100-yr
floodplain and/or
floodway and based
flood elevations.
X
X
X
X
Reference the FIRM
panel number and
effective date.
Note regarding
wetlands, if
applicable. Not if
Army Corps of
X
X
X
Engineers
determination is in
progress.
(4) Topographic information.
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Existing and
proposed
topographic
information with
source of the
information noted.
Show:
a. Two'foot
contour
Intervals for
X
X
ground slope
between level
and ten
percent.
b. Five foot
contour interval
for ground
slope
exceeding ten
percent.
Spot elevations at
grade breaks along
existing road
centerlines, gutter
X
X
lines and top of
curbs or edge of
pavement.
Contours of adjacent
land within 100 feet
X
X
of the project shall
also be shown.
CD166:7
Fayetteville Code of Ordinances
(5) Tree protection / landscaping. (6) Utilities — existing.
—
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Delineate trees to be
retained on -site and the
measures to be
X
X
X
X
implemented for their
protection.
Clearly depict the limits
of soil disturbance to
include all areas to be
X
X
X
X
graded both on and off -
site.
Show proposed location
X
X
X
X
of all utilities.
Landscape proposals for
parking lots and/or tree
replacement
requirements shall
include proposed plant
species and size.
Existing and proposed
utility lines shall be
shown on the plan. State
X
X
X
X
the method for
irrigating the plant
material on the plan.
When an ordinance
requires shrubs or
other screening material,
show the layout of
planting beds.
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Show on the drawing
all known on -site and
off -site existing
utilities and
easements
(dimensioned) and
X
X
X
X
X
provide the
structure's locations,
types, and condition
and note them as
"eAstin " on the lat.
Existing easements
shall show the name
of the easement
holder, purpose of
the easement, and
the book and page
number for the
X
X
X
X
X
X
easement. Ifan
easement is blanket
or indeterminate in
nature, a note to this
effect shall be placed
on theplat or lan.
CD166:8
TITLE
XV UNIFIED
DEVELOPMENT CODE
(7) Utilities - proposed.
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whether the
line is below or
Show all storm
sewer structures,
above ground)
sanitary sewer
c. A note shall be
•
structures and
placed where
drainage structures:
streets will be
a. Provide
x
x
placed under
structure
, the existing
locations and
overhead
types
facilities and
b. Provide pipe
the
types and sizes
-
approximate
change in
Sanitary sewer
systems:
grade for the.
a. Provide pipe
proposed
locations,
street.
sizes, and
X
X
X
X
X
State the width,
types
location, and
b. Manhole -
purpose of all
locations of rim
proposed easements
and invert
or rights of way for
elevations
utilities, drainage,
sewers, flood X X X X X X
Note the occurrence
of any previous
control,
overflow problems
X
X •
x
ingress/egress or
on -site or in the
other public
proximity of the site.
purposes within and
adjacent to the
If a septic system is
to be utilized,
'
project.
provide a table of
X
X
X
acreage and
percolation rates.
Water systems, on or
near the site:
a. Provide pipe
locations,
types, and
sizes
b. Note the static
pressure and
X
X
X
X
X
flow of the
nearest
hydrant if
requested.
c. Show location
•
of proposed
fire hydrants
and meters.
Underground or
surface utility
transmission lines:
-
(Note: This category
Includes, but is not
limited to Telephone,
Electrical, Natural
X
x
x
Gas, and TV Cable)
a. Locations of all
related
structures
(pedestals,
poles,etc.)
b. Locations of all
•
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CD166:9
Fayetteville Code of Ordinances
(8) Streets /rightof-ways /easements. (9) Subdivision of land.
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The location, widths,
grades, and names
of all existing and
proposed streets
(avoid using first
names of people for
new streets), alleys,
paths, and other
rights -of- way,
whether public or
private, within and
adjacent to the
X
X
X
X
X
X
project; private
easements within
and adjacent to the
project; and the
radius of each
centerline curve.
Private streets shall
be clearly indicated
and named. Names
of streets should be
approved by the 911
Coordinator.
A layout of adjoining
property (within 300)
in sufficient detail to
show the effect of
proposed and
existing streets
(including those on
the master street
plan), adjoining lots,
and off -site
X
X
X
easements. This
information can be
obtained form the
Master Street Plan,
Aerial Photos, and
the City Plat Pages
located in the
Planning Office if
requested.
The location of all
existing and
proposed street
lights (At every
intersection, culde-
X
X
X
sac & every 300' and
associated
easements to serve
each light.)
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The lot layout, the
dimensions of each
lot, number of each
lot, total area in
square footage or
acreage to the
nearest one -
hundredth (1/100th)
acre of each lot, and
the approximate
X
X
X
finish grade where
pads are proposed
for building sites.
Lots shall be
numbered
consecutively for all
phases. The total
number of lots shall
be indicated on the
lat.
For phased
X
X
development, a plat
showing all phases is
required.
(10) Site specific information.
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Provide a'note of
any known existing
erosion problems on -
X
site or within 300'
X
downstream of the
property.
The location of
known existing or
abandoned water
wells, sumps,
cesspools, springs,
X
X
X
X
X
X
water mpoundments,
and underground
structures within the
project.
The location of
known existing or
proposed ground
leases or access
agreements, if
X
X
X
X
X
X
known. (e.g. shared
parking lots, drives,
areas of land that will
be leased
The location of all
X
known potentially
X
CD166:10
TITLE XV UNIFIED DEVELOPMENT CODE
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dangerous areas,
including areas
subject to flooding,
slope stability,
settlement,
excessive noise,
previously filled
areas and the means
of mitigating the
hazards (abatement
wall, si na e, etc.).
The boundaries,
acreage, and the use
of existing and
proposed public
areas in and
adjacent to the
X
X
X
project. If land is to
be offered for
dedication for park
and recreation
purposes it shall be
designated.
For large scale
residential
development,
indicate the use and
X
list in a table the
number of units and
bedrooms.
For large scale non-
residential
development,
indicate the gross
x
floor area, and if for
multiple uses, the
floor area devoted to
each type of use.
The location and
size of existing and
X
X
X
X
X
proposed signs, if
any.
The location and
number of bike racks
provided and
X
required.
Location, size,
surfacing,
landscaping, and
arrangement of
parking and loading
areas. Indicate
pattern of traffic flow;
X
Include a table
showing required,
provided, and
handicapped
accessible parking
spaces.
Location and width
of curb cuts and
x
driveways.
Dimension all
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Location of buffer
strips, fences or
screen walls, where
required (check
X
X
X
Unified Development
Code for specific
requirements).
Indicate location and
type of garbage
service. Dimension
X
X
turnaround area at
dumpster location.
A description of
commonly held
X
X
X
areas, if applicable.
Draft of covenants,
conditions, and
X
X
X
X
X
X
restrictions, if any.
A written description
of requested waivers
X
X
from any city
requirement.
Show required
building setbacks.
Provide a note on
the plat of the
current setback
requirements for the
subdivision. A
X
X
X
X
X
X
variance is
necessary from the
Board of Adjustment
for proposed
setbacks less than
those set forth in the
zoning district.
54) Preliminary
grading and
drainage plans and
X
X
X
reports as required in
the City Engineer's
Office.
CD166:11
Fayetteville Code of Ordinances
(11) Other requirements.
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Any other data or
__
reports as deemed
necessary for project
review by the Zoning
X
X
x
X
X
X
and Development
Administrator, City
Engineer or Planning
Commission.
Signature block to
certify approval of
X
streets, drainage and
utility easements
Signature block to
certify approval of
X
water and sewer
system.
Signature block to
certify approval of
x
building setback
dimensions.
Signature block
certifying approval
X
X
X
for recording.
Signature block
certifying approval of
x
Tree Preservation
and Protection.
Signature block
certifying approval of
X
X
park land dedication
or money in lieu.
Signature block
certifying approval of
X
utility easements.
Signature block
certifying ownership,
X
X
title and dedication.
Signature block
certifying survey and
X
X
accuracy.
(12) Easement plat.
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Prior to the issuance
of a building permit
for a large scale
development, an
easement plat shall
be filed of record in
X
the office of the
circuit clerk
dedicating all
required easements
and ri htsof-wa .
(C) Signatures required. The final plat or concurrent
plat may be signed by any officer of the Planning
Commission.
(0) Number of plats. The Zoning and Development
Administrator may request additional copies of
plats if the amount required by this chapter is not
sufficient for distribution to the various committee
members.
(Code 1965, App. C., Art. II, §§ F —H; Ord. No. 2581, 12-4-
79; Code 1991, §§ 159.16-159.18; Ord. No. 4100, § 2 (Ex.
A), 6-16-98)
166.03 Required On -Site Improvements
Subdivisions In City Limits
Before the Planning Commission may grant final plat
approval for a subdivision inside the city limits, the
subdivider shall have installed, or shall have a
guarantee in lieu of installation, either at his expense
or in accordance with the existing policy of the city,
the following improvements:
(A) Monuments. Reinforced concrete monuments 4
inches x 4 inches x 30 inches at quarter section
comers and subdivision comers.
(B) Lot stakes. Metal stakes' /I inche x 30 inches at
all lot comers, points of tangency, points of
curvature and angles in property lines or
easements.
(C) Streets. Street grading, base, and paving
according to existing city standards and
specifications as adopted by the City Council.
(D) Curbs and gutters. Curbs and gutters according
to existing city standards and specifications as
adopted by the City Council.
(E) Sidewalks. Sidewalks shall be installed,
according to existing city standards and
specifications as adopted by the City Council and
CD166:12
TITLE XV UNIFIED DEVELOPMENT CODE
shall be set four feet back from the curb where
no lot is more than 400 feet from a fire
practicable. The construction of all sidewalks
hydrant. Fire hydrants for apartment
shall be inspected by the City Engineer or his
complexes, commercial structures, and
designee to ensure compliance with city
industrial structures shall be installed so that
specifications. The developer shall guarantee
- the distance between two consecutive fire
the sidewalk installation according to §158.01.
hydrants does not exceed 600 feet;
provided, the fire chief shall have the
(F) Storm drainage system.
authority to require additional fire hydrants
upon a determination that such additional fire
(1) The subdivider shall, install storm drainage
hydrants are necessary to provide adequate
facilities, including drains, sewers, catch
fire protection. The fire chief shall develop
basins, and culverts necessary for the proper
written criteria to be applied in determining
• drainage of all surface water.
whether additional fire hydrants shall be
required.
(2) All drainage facilities shall be so designed to
serve the entire drainage area.
(I) Sanitary sewer system.
(3) All surface water drainage shall be
(1) Public sanitary sewer accessible. Where a
transported to existing storm sewers,
public sanitary sewer is reasonably
drainage facilities, or natural drainage
accessible, the subdivider shall connect with
ditches approved by the City Engineer.
such sewer, and each lot within the
subdivision shall be provided with a
(4) The City Engineer shall approve all drainage
connection thereto. All connections shall be
features.
subject to the approval of the City Engineer.
Individual service lines shall be installed, and
(G) Culverts and bridges: Culverts and bridges shall
individual connections shall be made prior to
be installed where needed in accordance with
the paving of the street, if possible.
existing State Highway Department standards
and specifications.
(2) Public sanitary sewer not accessible. Where
a public sanitary sewer is not reasonably
(H) Water supply
accessible, the subdivider, shall be required
to install a community sewage system, as
(1) Accessible public water supply. When an
defined by Act 402 of the 1977 Arkansas
approved public water supply is reasonably
General Assembly, in compliance with state
accessible, the subdivider shall install a
health department's standards and
system of water mains and shall connect to
regulation; provided, if a community sewage
such supply so that each lot within the
system is not reasonably available or
subdivision shall be provided with a
economically feasible, and the subdivision
connection to said public water supply. All
has been platted so that each lot has a
connections shall be approved by the City
minimum gross area of one and one-half
Engineer. Individual service lines shall be
acres, an individual sewage disposal system
installed, and individual connections shall be
for each lot may be used; for lots having a
made prior to the paving of the street, if
gross area of less than. one and one-half
possible.
acres, an individual sewage disposal system
may be used for each individual lot when a
(2) Nonaccessible public water supply. Where
permit for a septic system is granted by the
an approved public water supply is not
Arkansas Department of Health. Individual
reasonably accessible, any private water
service lines and connections shall be
supply system proposed by the subdivider
installed prior to the paving of the street, if
must be approved by the county sanitarian
possible. The minimum gross area
and the City Engineer in order to assure that
requirement prescribed hereby for an
the private water supply system will provide
individual sewage disposal system shall not
an adequate supply of potable water to every
apply to any subdivision for which an
lot in the subdivision. Individual service lines
approved plat has been filed of record prior
shall be installed and individual connections
to July 5, 1977.
shall be made prior to the paving of the
street, if possible.
State law reference(s)—'Arkansas Sewage Disposal
.
Systems Act," A.C.A. §14-236-101 et seq.
(3) Fire hydrants. Fire hydrants for single-family
(J) Streetlights shall be installed at each intersection
dwellings and duplexes shall be installed so
or cul-de-sac and along each side of the street or
that the distance between two consecutive
fire hydrants does not exceed 800 feet, and
cul-de-sac at intervals of no more than 300 feet.
CD166:13
Fayetteville Code of Ordinances
(K) Park land dedication.
dwelling unit, and .024 acre of land for
each mobile home dwelling unit
(1) Subdivision.
permitted under Zoning, Chapters 160-
165.
(a)
Dedication or fee -in lieu. When a
proposed subdivision does not provide
(g) Fee -in -lieu formulas. A contribution in
an area or areas for a public park based
lieu of land dedication shall be made
on the Fayetteville Parks and
according to the following formula:
Recreation Plan, the developer shall be
required to make a reasonable
$555 for each single-family unit,
dedication of land for public park
$393 for each multi -family unit, and
facilities, or to make a reasonable
$555 for each manufactured home
equivalent contribution in lieu of
unit
dedication of land, such contribution to
be used for the acquisition and
permitted under the City's zoning
development of park land that serves
regulations. The Parks Department shall
the subdivision or development,
review the contribution formula every
two (2) years and make
(b)
Parks and Recreation Advisory Board.
recommendations to the City Council
Prior to the submittal of a preliminary
following such review.
plat or large scale development plan,
the developer shall submit to the Parks
(h) Less than maximum density. If the
and Recreation Advisory Board a
developer legally restricts the number of
concept plat or plan.
dwelling units to be constructed to less
than the maximum density permitted by
(c)
Planning Commission. The developer
zoning, Chapters 160 through 165,
and the Parks and Recreation Advisory
required land dedication or cash
Board shall make a joint
contribution in lieu thereof shall be
recommendation to the Planning
based upon actual density.
Commission as to the land dedication or
contribution in lieu of dedication. In the
(1) Dedication in excess. If a developer
event that they are unable to agree, the
dedicates park land which exceeds the
developer and advisory board shall
requirement of this subsection, the
make separate recommendations to the
Planning Commission may grant the
Planning Commission who shall
developer a credit equivalent to said
determine the issue.
excess. Said credit shall be applied
toward the developers obligation under
(d)
Decision. The Planning Commission
this subsection for any subsequent
shall determine if the developer will
development located in the same park
dedicate land or contribute money in lieu
quadrant.
of dedication. No land dedication will be
accepted as a public park unless it is
(2) Timing of dedication and/or contribution. All
determined by the Planning
dedications of land must be made before
Commission, after consultation with the
final plat approval or large scale
Parks and Recreation Advisory Board,
development approval. A final plat shall hot
that the physical characteristics of the
be released for recordation until the deed for
site, and its surroundings make the site
a land dedication is received. Deeded land
suitable for park purposes and the
is dedicated public park land and not subject
proposed dedication is consistent with
to any right of reversion or refund. A cash
the Fayetteville Parks and Recreation
contribution in lieu of required land
Plan,
development shall be payable'within 30 days
of final plat approval or large scale
(e)
Approval. The Planning Commission's
development approval. With the approval of
decision must be incorporated into the
the Planning Commission a developer may
developers preliminary plat or large
pay such contribution in three equal
scale development plan prior to plat or
installments to be paid in full within one year
plan approval,
of final plat approval. If a developer makes a
cash contribution in lieu of land dedication,
(f)
Dedication ratios. Land shall be
the developer shall be entitled to a pro rata
dedicated at a ratio of .024 acre of land
refund, together with the accrued interest
for each single-family dwelling unit, .017
therefrom, in the event actual density is less
acre of land for each multi -family
than the density used as the basis for the
CD166:14
TITLE XV UNIFIED DEVELOPMENT CODE
developer's contribution; provided, no refund
approval. The approval shall then be
shall be made unless application therefore is
included in all plats presented to the
made in writing to the Zoning • and
Planning Commission. Any modification
Development Administrator within one year
by the Planning Commission of the
from the date of final plat approval. In the
subdivision or neighborhood park shall
event actual density is more than the density
be referred back to the Parks and
used as the basis for a dedication of land or
Recreation Advisory Board for its
case contribution the developer must make
approval.
an additional land dedication or contribution
in lieu of dedication.
(b)
Requirements. The Parks and
Recreation Advisory Board shall ensure
(3)
Applicability. The requirements of this
that the neighborhood park meets these
subsection shall apply to lot splits, replats of
requirements.
subdivisions and large scale developments;
provided, said requirements shall not apply
(i) The physical characteristics of the
to a lot split or replat which does not create
designated land are suitable for
one or more vacant lots on which a structure
park purposes.
could be erected under the city's zoning
regulations.
(ii) The proposed park areas and any
included recreational facilities are
(4)
Zoning Requirements. Lots created for the
sufficient to adequately serve the,
purpose of park land dedication shall not be
residents of the development/
required to meet the standards for lot size,
neighborhood.
bulk and area within any zoning district.
(iii) Adequate sidewalks, trails, and/or
(5)
Fee -in -lieu allocation. All money received
bikeways shall provide access for
under this subsection shall be deposited in
all residents of the subdivision!
an interest bearing account. Said money
neighborhood to the park, but no
together with the interest, shall be expended
vehicle parking shall be required.
within three calendar years of the last date of
the calendar year in which it was received for
(c)
Fee -in -lieu. The developer does not
the acquisition and development of park land
have the discretion to pay a cash
that services the subdivision for which a
contribution in lieu of the dedication of
contribution in lieu of dedication has been
land for the establishment of this
made. If said money has not been expended
neighborhood or subdivision park.
within the three-year period, said money,
However, if the Parks and Recreational
together with the interest thereon, shall be
Advisory Board determines that a
refunded to the developer who made the
neighborhood park is not feasible or
contribution,
advisable, it may recommend to the City
Council that a cash contribution
(6)
Exemption. The requirements of this
pursuant to ordinance be accepted in
subsection shall not apply to any
lieu of land dedication. The City Council
development where the subdivision plat was
will either accept the recommendation
filed of record after September 12, 1960, and
for a cash contribution or return the
before January 20, 1981.
subdivision plat to the Parks and
Recreation Advisory Board with
(7)
Major development.
instructions or for further study.
(a) Process. In addition to the procedure
(d)
Coordination with adjacent properties.
provided herein and other requirements
When it appears to the Planning
found in the Code of Fayetteville, a
Commission that one or more adjoining
developer of a major development shall
subdivisions or large scale
include on his/her concept plan,
developments are being developed,
preliminary plat and final plat a
planned, or in the near future will
proposed neighborhood or subdivision
probably be developed so that the total
park in which the required dedication of
area or housing units meet the
land for public park facilities pursuant to
requirements of a major development,
(K)(1) through (5) above has been
the Planning Commission may notify the
incorporated. The plat with the
owners/developers that their subdivision
neighborhood or subdivision park shall
or developments shall be considered a
be submitted to the Parks and
major development and require
Recreation Advisory Board for its
coordination among the owners/
CD166:15
Fayetteville Code of Ordinances
developers to develop a neighborhood
existing city standards and specifications as
park pursuant to this section.
adopted by the City Council. The
construction of all sidewalks shall be
(Code 1965, App. C., Art. Ill, §A(1): Ord. No. 2695, 1-20-81:
inspected by the City Engineer or his
Ord. No. 3080, 4-2-85: Ord. No. 3201, 8-5-86: Ord. No.
designee to ensure compliance with city
3315, 11-17-87; Code 1991, §§159.05, 159.30k.; Ord. No.
specifications. The developer shall
3578, 11.19-91; Ord. No. 3615, §1. 6-2-92; Ord. No. 3738,
§1, 11-16-93; Ord. No. 3793, §1, 5-17-94; Ord. No. 3797, §1.
guarantee the sidewalk installation according
5-17-94; Ord. No. 4068, §1, 11-4-97; Ord. No. 4100, §2 (Ex.
to §158.01.
A), 6-16-98; Ord. No. 4199, 11-2-99; Ord. No.4454, 01-07-
03; Ord. No. 4545, 02-17-04; Ord. 4725, 7-19-05)
(6)
Streetlights. Standard 8,000 lumen
streetlights shall be installed at each
Cross reference(s)—Variance, Ch. 156: Appeals, Ch.
intersection or cul-de-sac and along one side
155: Bonds and Guarantees, Ch. 158.
of each street or cul-de-sac within one mile
166.04 Required On -Site Improvements -
of the City Limits at intervals of no more than
300 feet; provided, streetlights of higher
Subdivisions In Planning Area
intensity may be required at intersections
with collector streets or arterial streets.
(A) Requirements. Before the Planning Commission
may grant final plat approval for a subdivision
(7)
Grading and storm drainage system.
located within the city's designated planning
area, the subdivider shall have installed, or shall
(a) The subdivider shall install storm
have made a guarantee of in lieu of installation,
drainage facilities, indluding drains,
as provided by Chapter 158, either at his
sewers, catch basins, and culverts
expense or in accordance with the existing policy
necessary for the proper drainage of all
of the city, the following improvements:
surface water.
(1) Monuments. Reinforced concrete
(b) All drainage facilities shall be so
monuments 4 inches x 4 inches x 30 inches
designed to serve the entire drainage
at quarter section comers and subdivision
area.
comers.
(c) All surface water drainage shall be
(2) Lot stakes. Metal stakes 112 inch x 30
transported to existing storm sewers,
inches at all lot comers, points of tangency,
drainage facilities, or natural drainage
points of curvature and angles in property
ditches approved by the City Engineer.
lines or easements.
(d) The City Engineer shall approve all
(3) Streets.
drainage features.
(a) Within One Mile of City Limits. Street
(8)
Culverts and bridges. Culverts and bridges
grading, base, and paving according to
shall be installed where needed in
existing city standards and
accordance with existing Arkansas State
specifications as adopted by the City
Highway Department standards and
Council.
specifications.
(b) Beyond One Mile of City Limits. Streets
(9) Water supply.
shall meet Washington County
Standards.
(a) Accessible public water supply. When
an approved public water supply is
(4) Curbs and gutters.
reasonably accessible, the subdivider
shall install a system of water mains and
(a) Within One Mile of City Limits. Curbs and
shall connect to such supply so that
gutters according to existing city
each lot within the subdivision shall be
standards and specifications as adopted
provided with a connection to said public
by the City Council.
water supply. All connections shall be
approved by the City Engineer.
(b) Beyond One Mile of City Limits. Curbs
Individual service lines shall be installed,
and gutters shall meet Washington
and individual connections shall be
County Standards,
made prior to the paving of the street, if
possible.
(5) Sidewalks. Sidewalks shall be installed,
within one mile of City Limits, according to
(b) Nonaccessible public water supply.
Where an approved public water supply
CD166:16
TITLE XV UNIFIED DEVELOPMENT CODE
is not reasonably accessible, any private
water supply system proposed by the
subdivider must be approved by the
county sanitarian and the City Engineer
in order to assure that the private water
supply system will provide an adequate
supply of potable water to every lot in
the subdivision. Individual service lines
shall be installed, and individual
connections shall be made prior to the
paving of the street, if possible.
(10) Sanitary sewer system.
minimum gross area '. requirement
prescribed . hereby for an individual
sewage disposal system shall not apply
to any subdivision for which an
approved plat has been filed on record
prior to July 5, 1977. -
(Code 1965, App. C., Art. Ill, § A(2), (3); Ord. No. 1979, 2-5-
74; Ord. No. 2353, 7-5-77; Ord. No. 2755, 9-1-81; Code
1991, §§ 159.31, 159.32; Ord. No. 4100, § 2 (Ex. A), 6-16-
98; Ord. No. 4263, 8-1-00; Ord. 4660, 12-21-04)
Cross reference(s)-Bonds and Guarantees, Ch. 158.
166.05 Large Scale Development (LSD)
(a) Public sanitary sewer accessible.
Where a public sanitary sewer is (A) Requirement., The development of the following
reasonably accessible, the subdivider must be processed in accordance with. the
shall connect with such sewer, and each requirements for a large scale development:
lot within the subdivision shall be
provided with a connection thereto. All
(1) a lot or parcel larger than one acre;
connections shall be subject to thefl
approval of the City Engineer. Individual (2) a lot or parcel in the Design Overlay District;
service lines shall be installed, and
individual connections shall be made (3) a Planned Zoning District; or
prior to the paving of the street if
possible. (4) facilities emitting odors or handling
(b) Public sanitary sewer not accessible. explosives.
Where a public sanitary sewer is not (B) Review and approval. All large scale
reasonably accessible, the subdivider developments, not hereinafter excluded, must be
shall be required to install a community reviewed by the Plat Review Committee and the
sewage system, as defined by Act 402 Subdivision Committee and must be approved by
of the 1977 Arkansas General the Planning Commission, after having afforded
Assembly, in compliance with State the opportunity for public comment, before a
Health Department standards and building permit may be issued. Approval by the
regulations; provided, if a community City Council shall not be required unless an
sewage system is not reasonably appeal is taken and heard, except Planned
available or economically feasible, and Zoning Districts.
the subdivision has been platted so that
each lot has a. minimum gross area of (C) Building permit. . Before a building permit for a
one and one-half acres, an individual large scale development may be issued, the
sewage disposal system for each lot developer shall:
may be used; for lots having a gross
area of less than one and one-half (1) Development plan. Submit a development
acres, an individual sewage disposal plan to the Zoning and Development
system may be used for each individual Administrator for review by the Plat Review
lot when a permit for a septic system is Committee. The development plan shall
granted by the Arkansas Department of consist of a black line site location map
Health. A copy of the Arkansas drawn to scale and not to exceed 14 inches
Department of Health permit granted for by 18 inches, and an accurate black line
each lot shall be provided at the time the vicinity map not to exceed 14 inches by 18
application is submitted for subdivision inches. The vicinity map need not be drawn
or lot split approval for all lots less than to scale.
one and one-half acres. Existing septic
systems, sewage disposal fields (leach (2) Site location map. The site location map
fields), alternate disposal fields required shall depict the following:
by state law and water wells on -site or
off -site within 100 feet shall be shown (a) The size and shape of the property on
on all proposed subdivisions and lot which the development is to be located.
splits.. Individual service lines and
connections. shall be installed prior to (b) The location, size and arrangement of
the paving of the street, if possible. The existing buildings, signs, outdoor
CD166:17
Fayetteville Code of Ordinances
advertising, and other improvements,
(a)
Comply with those requirements of
water courses, ponds and streams, and
166.01 through 166.04 of the
any other distinctive or unusual features
development regulations pertaining to
that will remain after the development is
streets, surface drainage system, water
completed.
system, sanitary sewer systems; and, if
the development is housing, said
(c) The location, size and arrangement of
requirementspertaining to public parks;
proposed buildings or additions, parking
and install a sidewalk adjacent to all
and loading areas, and the type of
abutting streets or highways in
surfacing proposed for such areas,
accordance with city specifications for
streets, driveways, curb cuts,
sidewalk construction.
community facilities, pedestrian ways,
and open spaces.
(b)
The developer may be required to install
off -site improvements, where the need
(3)
Legal description. A correct legal description
for such improvements is created in
of the property located within the large scale
whole or in part by the proposed large
development, and a correct legal description,
scale development or preliminary plat.
certified by an abstractor or surveyor, of
For purposes of this section, an off -site
street right-of-way dedications and vacations
improvements shall mean all or any part
and utility and drainage easements,
of, a street, surface drainage system,
water system, or sanitary sewer system,
(4)
Vicinity map. The vicinity map shall depict
which is to be installed on property
the following:
located outside the proposed large scale
development or preliminary plat.
(a) The location and name of any street
which abuts or intersects the large scale
(c)
Any required off -side improvements shall
development; and,
be installed according to city standards.
The developer shall be required to bear
(b) The location and name of any other
that portion of the cost of off -site
street, building or landmark necessary
improvements which bears a rational
to clearly indicate the location of the
nexus to the needs created by the large
large scale development,
scale development or preliminary plat.
(5)
Preliminary street and drainage plans.
(d)
The Subdivision Committee or Planning
(Required only where the developer
Commission may refuse to approve a
proposes new streets or an alteration in the
large scale development or preliminary
existing street plan.) Submit to the Zoning
plat for any of the following reasons:
and Development Administrator for review by
the Plat Review Committee preliminary
(i) The preliminary plat or development
street and drainage plans, showing
plan is not submitted in accordance
alignment of streets and direction of flow of
with the requirements of this
storm and sanitary sewers in relation to
chapter.
topography. Where an official street and
drainage plan exists, it shall be submitted for
(ii) The proposed development would
purposes of comparison,
violate a city ordinance, a state
statute, or a federal statute.
(6)
Dedication of right-of-way. Dedicate
sufficient right-of-way to bring those streets
(iii) The developer refuses to dedicate
which the Master Street Plan shows to abut
the street right-of-way, utility
or intersect the large scale development or
easements or drainage easements
preliminary plat into conformance with the
required by this chapter.
right-of-way requirements of the Master
Street Plan for said streets; provided, the
(iv) The proposed development would
Planning Commission may recommend a
create or compound a dangerous
lesser dedication in the event of undue
traffic condition, For the purpose of
hardship or practical difficulties. Such lesser
this section, a dangerous traffic
dedication shall be subject to approval by the
condition shall be construed to
City Council.
mean a traffic condition in which the
risk of accidents involving motor
(7)
Miscellaneous requirements for both large
vehicles is significant due to factors
scale developments and preliminary plats.
such as, but not limited to, high
CD166:18
TITLE XV UNIFIED DEVELOPMENT CODE
traffic volume, topography, or the
nature of the traffic pattern.
(v) City water and sewer is not readily
available to the property within the
large scale development or
preliminary plat' and the developer
has made no provision for
extending such service to the
development.
(vi) The developer refused to comply
with subsection (7) (b) and (c)
pertaining to required on -site and
off -site improvements.
(D) Certificate of occupancy. No certificate of
occupancy shall be issued until the
improvements required by subsection (7)(a), (b),
and (c) are installed to city specifications.
(E) Completion of development/as building plot plan.
Upon completion of the development, the
developer shall file with the Zoning and
Development Administrator an "as built" plot plan
for the large scale development showing:
compares the approved submission with the
desired changes. After submission, the
Subdivision Committee shall approve or
disapprove the requested modifications at its
next meeting. -
(G) Excluded developments. The following large
scale developments shall be excluded from the
requirements of this section.
(1) Single-family. A single-family residence, an
addition to a single-family residence,, or an
accessory structure for a single-family
residence;
(2)
Additions.
An addition
to an existing
structure
if the addition will
not:
(a) Exceed 10,000 square feet; or
(b) Require more than 25 additional parking
spaces under the provisions of Chapter
172, Parking and Loading; or
(c) Require a change in existing ingress or
egress.
(1)
The location of all buildings and the setback
(3) Additional structure. An additional structure
distance for said buildings from street right-
when erected as part of an existing
of -way and adjoining property lines;
development, subject to the limitations of
(G)(2)above.
(2)
The location of any freestanding signs and
the setback distance of said signs from
(4) Prefabricated accessory buildings. A
street right-of-way and adjoining property
prefabricated, movable accessory building.
lines;
(H) Building and moving permits. If a large scale
(3)
The location, number, dimensions, and
development (LSD) which is excluded from the
surfacing of all parking spaces and of all
requirements of this section meets the
screens or fences; and
requirements of a building and moving permit
immediately upon determination that the
(4)
The location and size of all water, sewer,
development will not conflict with the city's
gas, electric, telephone, and television cable
Master Street Plan, provided, if the city water and
lines,
sewer service is not available to the
development, no building or moving permit shall
(F) Modifications.
be issued until water supply and waste disposal
system proposed for the development has been
(1)
Minor modifications. The Zoning and
approved by the City Engineer.
Development Administrator may authorize
minor modifications in an approved large
(Code 1965, App. A., Art 8(11), App. C., Art. IV; Ord. No.
scale development. Minor modifications shall
1747, 6-29-70; 1750, 7-6-70; Ord. No. 1999, 5-7-74; Code
include, but not be limited to, substitutions of
1991• §§ 159.54, 160.120; Ord. No. 3925, § 6, 10-3-95: Ord.
one approved structural type for another or
No. 4100, § 2 (Ex. A), 6-16-98; Ord. 4753, 9-6-05)
minor variations in placement of buildings in
Cross reference(s)-Boards and Committees, Ch 33;
such a way that the overall limits of approved
Appeals, Ch. 155; Fees, Ch. 159; Notification and Public
floor area, open space or rooms per acre are
Hearings, Ch. 157.
not increased.
(2) Major modifications. In the event that a
developer wishes to make major
modifications to an approved development,
such modifications shall be submitted to the
Subdivisions Committee in a form which
CD166:19
Fayetteville Code of Ordinances
166.06 Planned Zoning District (PZD)
recommendations to the City Council on the
proposed request.
(A) Applicability. To be considered for a planned
zoning district, the applicant shall meet all of the
(3)
Zoning, Land Use and Development
following criteria:
Approval. PZD Master Development Plans
that are processed with a preliminary plat or
(1) Location. Eligible properties include those
large scale development shall follow the
located within the city limits.
procedures for large scale development and
preliminary plat approval through the
(2) Ownership. Eligible applicants for
Planning Commission when processed
preliminary plan review shall be a landowner
concurrently as set forth in Chapter 166 of
of record or an authorized agent. The
the UDC,
approved PZD master development plan
shall be binding on all subsequent owners of
(4)
City Council. If the PZD master
the land until revised or modified,
development plan is approved by the
Planning Commission, it shall be forwarded
(3) Size. There shall be no minimum or
to the City Council for review. The City
maximum tract size for a PZD application.
Council may grant or deny as submitted, or
as they may so amend, defer for requested
(B) Application, The initial application for a PZD shall
changes or more information, or return the
include the following items:
application to the Planning Commission for
further study. The applicant shall not modify
(1) Application. Complete application form to
to a design other than that reviewed and
request a PZD.
approved by the Planning Commission prior
to City Council review. The City Council may
(2) Copies. Copies of a PZD master
direct the Planning Commission to
development plan in accordance with the
reconsider specific aspects of the plan. If the
submission requirements on the project
master development plan is approved, an
application form.
ordinance shall be prepared which
incorporates the plan, statement of
(3) Fee. Applicant shall pay all required filing
commitments, development and architectural
fees for a planned zoning district as set forth
standards, and conditions.
in Chapter 159 Fees of the UDC. If a
subdivision or large scale development is
(5)
Development and Subdivision Approval.
proposed, a fee for that application shall also
Preliminary Plat and/or Large Scale
be paid.
development:approval is required for all PZD
Master Development Plans.
(C) Review and approval procedures.
(6)
Appeals. Appeals from the action of the
(1) Pre -application meeting. Before submitting
Planning Commission shall be in accordance
an application the landowner or authorized
with Chapter 155 Appeals of the UDC.
agent shall confer with the Planning Division
in order to become familiar with the PZD
(7)
Repeals. The owner of an approved
process. The staff shall inform the applicant
planned zoning district may, for cause,
of any perceived problems that may arise. A
request repeal of the ordinance establishing
further purpose of the pre -application
the development when it has been
meeting is to make sure the applicant has, or
determined that the development will not
will be able to, submit the necessary
occur. A written request may be filed with the
information for filing the application. The
city clerk'at any time up to three (3) years
intent of this conference is to provide
after the date of adoption of the ordinance
guidance to the applicant prior to incurring
creating the planned zoning district. The
substantial expense in the preparation of
request shall be addressed to the Mayor and
plans, surveys and other data required in a
City Council, setting forth the cause for
PZD master development plan.
repeal.
(2) Zoning and Land Use Approval Only. For The request shall be set for a public hearing
PZD Master Development Plans that are at the earliest possible time to expedite the
processed without a request for development required action. The owner of the subject
approval, the Planning Commission shall planned zoning district zoned land shall
hold a public hearing and make provide notice of hearing to adjacent
property owners. Notice to others as
CD166:20
TITLE XV UNIFIED DEVELOPMENT CODE
required by law shall be provided by city staff
and signs shall be posted.
(D) General Requirements.
(1) Application of a Planned Zoning District is
permitted only in accordance with a master
development plan prepared and approved in
accordance with the provisions herein. Large
Scale Development and/or Preliminary Plat
approval may be concurrently processed
through the PZD process.
(2) Planned Zoning Districts may be controlled
by one or more owners and shall be
developed under unified control or by a
unified master development 'plan. The
owners, successors, heirs, or assigns shall
be bound by the approved master
development plan, including any
modifications or amendments thereto as
approvedby the Zoning and Development
Administrator or City Council.
(3) Master development plans may include more
restrictive regulations than that which is
included in other sections of the UDC, but
standards shall not be established that fall
below these minimum standards.
(E) Approval or Rejection Criteria for Planned Zoning
Districts
The following criteria shall be considered by the
Planning Commission and City Council in the
review of a planned zoning district application
based on the proposed master development
plan:
(1) Whether the application is in compliance with
the requirements of the UDC and the
General Plan 2020;
(2) Whether the application is in compliance with
all applicable statutory provisions;
(3) Whether the general impact of the rezoning
would adversely impact the provision of
public facilities and services;
(4) Whether the proposed rezoning is
compatible with the surrounding land uses;
(5) Whether the subject land is suitable for the
intended use and is compatible with the
natural environment;
(6) Whether the intended land use would create
traffic congestion or burden the existing road
network;
(7) Whether the planned development provides
for unified development control under a
unified plan.
(8) Whether any other recognized zoning
consideration would be violated in this PZD.
(F) Master Development Plan Summary and
Required .Information
Master Development Plan (MDP) is a useful tool
for both • developers and planners to reach
consensus and agreement about the way an area
is developed, where a variety of uses and
impacts may. be proposed on one property. They
differ from engineered site plans in that they
address the bigger picture, rather than the
minutia of a detailed engineered site plan. A
MDP should depict the larger planning issues
such as basic densities, open space, access,
internal circulation, availability and location of
existing water and sewer, existing topography,
drainage, and the general location of uses, while
giving the developer some leeway to address
grading, utility construction, street construction,
building placement, driveways, and number and
location of parking spaces further along at the
development review or building permit stage.
The following information shall be submitted by
the applicant in written narrative form:
(1) The name and address of:
(a) landowner/applicant
(b) representative, if applicable
(2) General project concept:
(a) Street and Lot Layout
(b) Site Plan Showing Proposed
Improvements
(c) Buffer Areas
(d) Tree Preservation Areas
(e) Storm Water Detention Areas
and Drainage
(f). Undisturbed Natural Areas
(g) Existing and Proposed Utility
Connections and Extensions
(h) Development and Architectural
Design Standards
(i) Building Elevations
(3) Proposed. development phasing and time
frame
(4) Proposed Planning , Areas, described and
depicted (Planning Areas (PA) are those
areas within an MDP designated with
specific zoning and development standards,
as required herein. Any number of PA's may
be allowed within an MDP, subject to
approval by the City Council.)
CD166:21
Fayetteville Code of Ordinances
(5)
Relationship
to the existing and
adjacent
land uses
(6) Impacts on City services
(7) A traffic study when required by the
Planning/Engineering Divisions.
(8) An analysis of the site characteristics related
to the proposal, including any
environmentally hazardous, sensitive or
natural resource areas. Describe any natural
or manmade hazards.
(9) Compliance with the Fayetteville General
Plan 2020
(10) A description of the recreational facilities,
including existing and proposed park
sites, open space and accessibility to parks
and open space areas.
(11)Proposed Zoning and Development
Standards
(12)A chart comparing the proposed master
development plan to the current zoning
district requirements.
(13) Any other required information as applicable
when other applications are processed in
conjunction with the PZD master
development plan application (i.e.
preliminary plat, large scale development).
(G) Master Development Plan Level of Detail
(1) Sheet 1
(a) The name of the proposed master
development plan shall be centered at
the top of the sheet along the long
dimension of the sheet,
(b) The following wording shall be placed
verbatim on the sheet:
GENERAL PROVISIONS
Authority
This PZD master development plan is
authorized by Sections 161 and 166 -
Planned Zoning Districts of the City of
Fayetteville Unified Development Code. The
provisions of this PZD master development
plan shall run with the land. The landowners,
their successors, heirs, or assigns shall be
bound by this master development plan, as
amended and approved by the City Council.
Adoption
The adoption of this PZD master
development plan shall evidence the.findings
and decision of the Fayetteville City Council
that this Planned Zoning District for (name of
development) is in general conformity with
the Fayetteville General Plan 2020; is
authorized by the provisions of Sections 161
and 166 of the City of Fayetteville Unified
Development Code.
The provisions of this PZD master
development plan shall prevail and govern
the development of (name of development),
provided, however, that where the provisions
of this Master development plan do not
address a particular subject, the relevant
provisions of the City of Fayetteville Unified
Development Code, as amended, or any
other applicable resolutions or regulations of
the City of Fayetteville, shall be applicable.
Enforcement
To further the mutual interest of the
residents, occupants, and owners of the PZD
Master development plan and of the public in
the preservation of the integrity of the Plan,
the provisions of this Plan relating to the use
of land, statement of commitments,
development and architectural standards,
and the location of common open space
shall run in favor of the City of Fayetteville
and shall be enforceable at law or in equity
by the City without limitation on any power or
regulation otherwise granted by law.
Conflict
Where there is more than one provision
within the PZD Master Development Plan
that covers the same subject matter, the
provision which is most restrictive or
imposes higher standards or requirements
shall govern unless determined otherwise by
the Zoning and Development Administrator.
Maximum Level of Development
The total number of dwellings or the total
commercial, business, or industrial intensity
approved for development within the
Planning Areas is the maximum
development requested for platting or
construction. The actual number of dwellings
or level of development for commercial,
business, or industrial properties may be
less due to subdivision or site improvement
plan requirements or other requirements of
the City Council.
CD166:22
TITLE XV UNIFIED DEVELOPMENT CODE
Project Tracking
the Zoning and Development
Administrator or staff planner Date of
At the time of subdivision final plat or large
Preparation .
scale development the applicant shall
provide a summary of the development, to
(b)
Vicinity map that depict the relationship
date, to the Planning Division, in order to,
to the surrounding area within a 1 mile
assure maximum development limits are not
radius.
exceeded.
The vicinity map shall be superimposed
(2) Sheet 2 Zoning and Development
on a current City of Fayetteville Plat
Standards by Planning Area
Page, on a current City of Fayetteville
Zoning Map, and on a current City of
(a) The name of the proposed PZD master
Fayetteville Master Street Plan
development plan .shall be centered at
maintaining the same scale.
the top of the sheet along the long
dimension of the sheet. The proposed
(c)
Dimensions, bearings, and control
zoning and development standards shall
points along all exterior property lines.
be formatted to follow the established
UDC zoning format. Beginning in the
(d)
Topography shall be shown at maximum
upper left hand column of the sheet,
10' contour intervals, including high and
state the following for each Planning
low spot elevations and shadow areas
Area category, e.g., single family:
of 15% or greater slope. The staff
planner may request that other
(1) Permitted uses by Use Unit
significant topographic conditions be
(2) Conditional uses by Use Unit
depicted at greater or lesser intervals
(3) Land Use Density and/or Intensity
where appropriate.
(4) Bulk and area regulations
(5) Lot width minimum
(e)
Access
(6) Lot area minimum
(1) Arterials and collectors shall be
(7) Land area per dwelling
depicted in all planning areas.
(8) Setback requirements
(2) Trails as coordinated with the Parks
(9) Height
Division
(10) Building area
(11) Landscaping
(f)
Existing easements/right-of-way
(12) Parking
(13) Site Planning
(g)
100 year floodplains, floodway, and
(14) Architectural Design Standards
stream/creek centerline
(15) Other standards or
requirements provided in
(h)
Proposed Land/ROW/Easement
the UDC shall apply to this
Dedication
PZD Master Development
Plan
(i)
Public or private, regional and
(16)Complete legal
community parks, open space and trails
description. The staff.
shall be depicted and referenced by
planner may allow this to
number, letter or symbol. Local park
be provided on a separate
dedication shall be determined at the
sheet, if lengthy.
time of platting/development.
(3) Sheet 3 Master Development Plan.
(j) Planning Areas — Areas Identified for a
(The name of the proposed PZD master
Specified Permitted and/or Conditional
development plan shall be centered at the
Uses
top of the sheet along the long dimension of
the sheet. This sheet shall graphically depict
All planning areas and open
the site and include the following:
space areas shall be shown
.
overlaid on topography at a
(a) A block in the lower right hand comer, or
scale that clearly delineates the
along the right hand margin, which
planning area boundaries so
includes the following:
that they can be located on the
site.
North Arrow
Graphic and written scale at 1" = 100' or
For each planning area shown on the
1" = 200' or as otherwise approved by
development plan or within a separate
CD166:23
Fayetteville Code of Ordinances
table, indicate the following, as
applicable:
(i) Acreage
(ii) Number of dwelling units
(iii) Land use designation
(iv) Residential density
(v) Nonresidential square footage
NOTE: The number of dwellings indicated in
the Planning Areas is the maximum number
of dwellings requested, the total of which
cannot exceed the total number approved for
the proposed PZD. The density range for
each Planning Area, when calculated to the
maximum proposed, shall not exceed the
total number of dwellings for the entire PZD.
The actual number of dwellings approved by
the Council may be less than shown on the
plan due to subdivision or site improvement
plan requirements or other requirements of
the Council and Planning Commission.
(4) Land Use Table
A separate land use table, which indicates
the total land use for the planned
development, shall be prepared as follows
utilizing the following categories and
symbols: Partial Example:
SYMBOL
LAND USE
DENSITY
UNITS
ACRES
%
SF
Single
3
120
40.0
26%
Family
MF
Multifamily
9
765
35.0
23%
DP
Dedicated
42.5
28%
Parks
Subtotal
8.38
885
117.5
77%
C
Commercial
566,280
25.0
17%
s.ft.
I
Industrial
217,800
9.0
6%
s.ft.
O
Office
M.0
Mixed Use
34%
Subtotal
784,080
s .ft.
(H) Statement of Commitments.
The statement of commitments shall be provided
in the following format:
"STATEMENT OF COMMITMENTS"
The statement of commitments shall, in all cases,
describe the development commitments including
a method for assigning responsibility to heirs,
successors, or assigns, and timing of the
fulfillment of these commitments for the following:
(1) Dedication: Proposed public dedication for
parks, streets, drainage, sewer, water, etc.,
either in specific acreage dedication
(referenced by symbol) or specific cash in
lieu of land or facilities. Describe the
proposed ownership, utility provision,
improvement schedule, and maintenance
provision. In all cases, dedicated land shall
be conveyed to the City of Fayetteville.
(2) On or off site improvements: Provision shall
be made for the construction of, or payment
of fees for, community or off site
improvements through current UDC
requirements for guarantee of improvements
at the time of development.
(3) Natural Resources and Environmental
Sensitive Areas Such as Trees, Wetlands,
Floodplain
(4) Project phasing restrictions
(5) Fire protection
(6) Other commitments imposed by the City
(7) Parks/Trails/Open Space Commitments
(8) Proposed Preliminary Building Elevations
(Residential and Commercial)
CD166:24
TITLE XV UNIFIED DEVELOPMENT CODE
(I) Amendments to the PZD Master Development
Plan.
The Zoning and Development Administrator shall
determine whether an amendment request shall
be considered a minor modification or a PZD City
Council rezoning based on the criteria
established herein. The applicant may appeal the
Zoning and Development Administrator's
decision to deny an administrative modification
within 10 working days of said decision to the
City Council, in writing.
(1) Minor Modification - Criteria
An amendment request may be considered
as an administrative minor modification if it
meets the following criteria:
(a) Building Setbacks —An increase or
decrease of the required building
setback when such modification is no
more than a 20% change to the
originally approved setback.
(b) Minimum Lot Size —An increase or
decrease of the minimum lot size when
such modification is no more than a
20% change to the originally approved
minimum lot size.
and Development Administrator, to add
clarity, when such changes do not
change the commitments.
(h) Street Alignment -The Zoning and
Development Administrator upon review
by the City Engineer shall determine
whether an insignificant shift in the
alignment of a street shall be considered
as a minor modification.
(2) City Council Approval. Rezoning through the
PZD process is required to modify any
aspect of the PZD which is not allowed
under the Minor Modification process. A
planning area within a Master Development
Plan may be amended separately from the
remainder of the approved master
development plan with City Council approval.
(J) Phasing. Phasing of a PZD master development
plan may vary from the requirements of Chapter
166 of the UDC with regard to the expiration of
permits and plans only when phasing has been
identified, described, and approved as part of the
PZD master development plan process.
(K) Development standards, conditions and review
guidelines
(c)
Building Height -An increase or
(1) Generally. The Planning Commission shall
decrease of the building height when
consider a. proposed PZD in light of the
such modification is no more than a
purpose and intent as set forth in Chapter
20% change to the originally approved
161 Zoning Regulations, and the
maximum building height.
development standards • and review
(d)
Increased Number of Dwelling Units -An
guidelines set forth herein. Primary
increase of the number of dwelling units
emphasis shall be placed upon achieving
in a planning area of 20% or less. Such
compatibility between the proposed
increase shall be accompanied by a
development and surrounding areas so as to
corresponding decrease in dwelling
preserve and enhance the neighborhood.
units in another planning area located
Proper planning shall involve a consideration
within the same approved PZD Master
of tree preservation, water conservation,
Development Plan.
preservation of natural site amenities, and
the protection of watercourses from erosion
(e)
Decreased Number of Dwelling Units -A
and siltation. The Planning Commission
decrease of the number of dwelling units
shall determine that specific development
in a planning area up to 20%. Such
features, including project density, building
decrease shall result in a net loss of
locations, common usable open space, the
dwelling units unless these units are
vehicular circulation system, parking areas,
concurrently approved as an increase of
screening and landscaping, and perimeter
units in another planning area.
treatment shall be combined in such a way
as to further the health, safety, amenity and
(f)
Commercial/Non-residential
welfare of the community. To these ends, all
Development Intensity An increase or
applications filed pursuant to this ordinance
decrease of the square footage of
shall be reviewed in accordance with the
development intensity when such
same general review guidelines as those
modification is no more than a 20%
utilized for zoning and subdivision
change to the originally approved
applications.
development intensity.
(2) Screening and landscaping. In order to
(g)
Text Changes -Insubstantial changes to
enhance the integrity and attractiveness of
the text, as determined by the Zoning
the development, and when deemed
CD166:25
Fayetteville Code of Ordinances
necessary to protect adjacent properties, the
Planning Commission shall require
landscaping and screening as part of a PZD.
The screening and landscaping shall be
provided as set forth in §166.09 Buffer Strips
and Screening. As part of the development
plan, a detailed screening and landscaping
plan shall be submitted to the Planning
Commission. Landscape plans shall show
the general location, type and quality (size
and age) of plant material. Screening plans
shall include typical details of fences, berms
and plant material to be used.
(5) Perimeter treatment. Notwithstanding any
other provisions of a planned zoning district,
all uses of land or structures shall meet the
open space, buffer or green strip provisions
of this chapter of this code.
(6) Sidewalks. As required by §166.03.
(7) Street Lights. As required by §166.03.
(8) Water. As required by §166.03.
(9) Sewer. As required by §166.03.
(3) Traffic circulation. The following traffic
(10) Streets and Drainage. Streets within a PZD
circulation guidelines shall apply:
may be either public or private.
(a) The adequacy of both the internal and
(a) Public Streets. Public streets shall be
external street systems shall be
constructed according to the adopted
reviewed in light of the projected future
standards of the City unless otherwise
traffic volumes,
approved by the City Council as part
PZ0 master development plan.
(b) The traffic circulation system shall be
comprised of a hierarchal scheme of
(b) Private Streets. Private streets within a
local collector and arterial streets, each
residential PZD shall be permitted
designed to accommodate its proper
subject to the following conditions:
function and in appropriate relationship
with one another.
(i) Private streets shall be permitted
for only a loop street, or street
(c) Design of the internal street circulation
ending with a cul-de-sac. Any street
system must be sensitive to such
connecting one or more public
considerations as safety, convenience,
streets shall be constructed to
separation of vehicular and pedestrian
existing City standards and shall be
traffic, general attractiveness, access to
dedicated as a public street.
dwelling units and the proper
relationship of different land uses.
(ii) Private streets shall be designed
and constructed to the same
(d) Internal collector streets shall be
standards as public streets with the
coordinated with the existing external
exceptions of width and cul-de-sacs
street system, providing for the efficient
as noted below.
flow of traffic into and out of the planned
zoning development.
(iii) All grading and drainage within a
Planned Zoning District including
(e) Internal local streets shall be designed
site drainage and drainage for
to discourage through traffic within the
private streets shall comply with the
planned zoning development and to
City's Grading (Physical Alteration
adjacent areas.
of Land) and Drainage (Storm water
management) Ordinances. Open
(f) Design provisions for ingress and
drainage systems may be approved
egress for any site along with service
by the City Engineer.
drives and interior circulation shall be
that required by Chapter 166
(iv) Maximum density served by a cul-
Development of this code.
de -sac shall be 40 units. Maximum
density served by a loop street shall
(4) Parking standards. The off-street parking
be 80 units.
and loading standards found in Chapter 172
Parking and Loading shall be used as
(v) The plat of the planned
general guidelines to establish parking and
development shall designate each
loading standards for the PZD master
private street as a "private street."
development plan.
(vi) Maintenance of private streets shall
be the responsibility of the
CD166:26
TITLE XV UNIFIED DEVELOPMENT CODE
developer or of a neighborhood
property owners association (POA)
and shall not be the responsibility of
the City. The method for
maintenance and a maintenance
fund shall be established by the
PZD covenants.
(vii)The covenants shall provide that in
the event the private streets are not
maintained as required by the
covenants, the City shall have the
• right (but shall not be required) to
maintain said streets and to charge
the cost thereof to the property
owners within the PZD on a pro rata
basis, according to assessed
valuation for ad valorem tax
purposes and shall have a lien on
the real property within the PZD for
such cost. The protective covenants
shall grant the City the right to use
all private streets for purposes of
providing fire and police protection,
sanitation service and any other of
the municipal functions. The
protective covenants shall provide
that such covenants shall not be
amended and shall not terminate
without approval of the City Council.
(viii) The width of private streets may
vary according to . the density
served.
The following standard shall be
used:
Paving Width
Dwelling
Units
One -Way
Two -Way
1-20
14'
22'
21+
14
24'
(No On -Street Parking)
*Note: If on -street parking is desired, a minimum
6 feet must be added to each side where parking
is intended.
(ix) All of the traffic laws prescribed by
Title VII shall apply to traffic on
private streets within a PZD.
(x) There shall be no minimum building
setback requirement from a private
street.
(xi) The developer shall erect at the
entrance of each private street a
rectangular sign, not exceeding 24
inches by 12 inches, designating
the street a "private street" which
shall be clearly visible to motor
vehicular traffic.
(11) Construction of nonresidential facilities.
Prior to issuance of more than eight building
permits for any residential PZD, all approved
nonresidential facilities shall be constructed.
In the event the developer proposed to
develop the PZD in phases, and the
nonresidential facilities are not proposed in
the initial phase, the developer shall
guarantee to the City completion of the
nonresidential facilities in the amount no less
than 150% of the estimated cost of said
facilities.
(12) Tree preservation: All PZD developments
shall comply with the requirements for tree
preservation as set forth in Chapter 167 Tree
Preservation and Protection. The location of
trees shall be considered when planning the
common open space, location of buildings,
underground services, walks, paved areas,
playgrounds, parking areas, and finished
grade levels.
(13) Commercial design standards. All PZD
developments that contain r office or
commercial structures shall comply with the
commercial design standards as set forth in
§166.14 Site Development Standards and
Construction and Appearance Design
Standards for Commercial Structures.
(14) View protection. The Planning Commission
shall have the right to establish special
height and/or positioning restrictions where
scenic views are involved and shall have the
right to insure the perpetuation of those
views through protective covenant
restrictions.
(L) Revocation.
(1) Causes for revocation as enforcement
action. The Planning Commission may
recommend to the City Council that any PZD
approval be revoked and all building or
occupancy permits be voided under the
following circumstances:
(a) Building permit. If no building permit
has been issued within the time allowed.
(b) Phased development schedule. If the
applicant does not adhere to the phased
master development plan schedule as
CD166:27
Open space and recreational facilities.
If the construction and provision of all
common open spaces and public and
recreational facilities which are shown
on the final plan are proceeding at a
substantially slower rate than other
project components.
Planning staff may report the status of
each ongoing PZD at the first regular
meeting of each quarter, so that_the
Planning Commission is able to
compare the actual development
accomplished with the approved
development schedule. If the Planning
Commission finds that the rate of
construction of dwelling units or other
commercial or industrial structures is
substantially greater than the rate at
which common open spaces and public
recreational facilities have been
constructed and provided, then the
Planning Commission may initiate
revocation action or cease to approve
any additional final plans if preceding
phases have not been finalized. The city
may also issue a stop work order, or
discontinue issuance of building or
occupancy permits, or revoke those
previously issued.
Procedures. Prior to a recommendation of
revocation, notice by certified mail shall be
sent to the landowner or authorized agent
giving notice of the alleged default, setting a
time to appear before the Planning
Commission to show cause why steps
should not be made to totally or partially
revoke the PZD. The Planning Commission
recommendation shall be forwarded to the
City Council for disposition as in original
approvals. In the event a PZD is revoked,
the City Council shall take the appropriate
action in the city clerk's office and the public
zoning record duly noted.
Effect. In the event of revocation, any
completed portions of the development or
those portions for which building permits
have been issued shall be treated to be a
whole and effective development. After
causes for revocation or enforcement have
been corrected, the City Council shall
expunge such record as established above
and shall authorize continued issuance of
building permits.
Legal entities. The developer shall create
such legal entities as appropriate to
undertake and be responsible for the
ownership, operation, construction, and
maintenance of private roads, parking areas,
detention ponds, drainage structures,
common usable open space, community
facilities, recreation areas, building, lighting,
security measure and similar common
elements in a development. The city
encourages the creation of homeowner
associations, funded community trusts or
other nonprofit organizations implemented
by agreements, private improvement district,
contracts and covenants. All legal
instruments setting forth a plan or manner of
permanent care and maintenance of such
open space, recreation areas and
communally -owned facilities may be
approved by the City Attorney. The Planning
Commission shall consider and approve the
suitability for the proposed use of the open
areas. The aforementioned legal instruments
shall be provided to the Planning
Commission together with the filing of the
final plan, except that the Guarantee shall be
filed with the preliminary plan or at least in a
preliminary form.
Common areas. If the common open space
is deeded to a homeowner association, the
developer shall file with the plat a declaration
of covenants and restrictions in the
Guarantee that will govern the association
with the application for final plan approval.
The provisions shall include, but not
necessarily be limited to, the following:
The homeowner's association
legally established before
permits are granted.
Membership an
mandatory for ei
successive buyer.
space restrictions
rather than for a
The association must be responsible for
the maintenance of recreational and
other common facilities covered by the
agreement and for all liability insurance,
local taxes and other public
assessments.
Homeowners must pay their pro rata
share of the initial cost; the maintenance
assessment levied by the association
must be stipulated as a potential lien on
the property.
TITLE XV UNIFIED DEVELOPMENT CODE
Cross reference(s)—Bonds and Guarantees, Ch. 156;
The association must be able to adjust the Variances, Ch. 156.
assessment to meet changing needs. (C) Determining necessity for off -site improvements.
(Ord. 4717, 7-5-05; Ord. 4779, 10-18-05) - (1) When a proposed subdivision has access to
166.07 Required Off -Site Improvements paved streets or roads only by way of
substandard or unimproved roads or streets
(A) Generally. Required of subdivider. leading from the• subdivision to the paved
streets or roads, the subdivider shall be
(1) Description. The subdivider shall be responsible for contributing this
required to install off -site improvements . proportionate share of the cost of improving
where the need for such improvements is the substandard access roads or streets to
created in whole orin part by the proposed existing city or county standards. The
subdivision. For purposes of this section, an subdivider's proportionate share of said
off -site improvement shall mean any costs shall be determined by the Planning
improvement listed in §166.03 and §166.04 Commission in accordance with the
of these regulations which is to be installed provisions of (A) above.
on property located outside the proposed
subdivision. (2) When a proposed subdivision has direct
access to, or fronts on existing road or
(2) Standards applicable. Any required off -site street, which is below current standards, the
improvements shall be installed according to subdivider shall be responsible for
the city's standards; provided off -site contributing his/her proportionate share of
improvements to roads located outside the the cost of improving said street or road to
city's corporate limits but within the city's existing city or county standards. The
planning area shall be installed to the Planning Commission shall determine the
county's standards. The subdivider shall be subdivider's proportionate share of said
required to bear that portion of the cost of costs in accordance with the provisions of
off -site improvements which bears a rational (A) above.
nexus to the needs created by the
subdivision. (3) Off -site drainage improvements shall be
required whenever a proposed subdivision
(3) Planning Commission. At the time the causes the need for such improvements.
Planning Commission grants preliminary plat
approval, the Planning Commission shall (D) State highways. The subdivider shall be required
determine whether the proposed subdivision to dedicate sufficient right-of-way to bring those
creates a need to off -site improvements and state highways which the Master Street Plan
the portion of the cost of any needed off -site shows to abut or intersect the proposed
improvements which the subdivider.shall be subdivision into conformance with the right -of -
required to bear, provided, that portion of the way requirements of the Master Street Plan. The
cost of off -site improvements to roads - subdivider shall be required to install a sidewalk
located outside the city's corporate limits but adjacent to that portion of a state highway
within the city's planning area shall ,be abutting the proposed subdivision; and provided
determined by the county. In determining that the Planning Commission may waive the
that portion of the cost of off -site sidewalk requirement prescribed by this
improvements which the subdivider shall be subsection upon application by the subdivider
required to bear the Planning Commission and a determination by the Planning Commission
shall consider the acreage within the that the topography of the proposed subdivision
proposed subdivision as a percentage of all where it abuts a state highway is such that
the acreage which, when fully developed, will installation of a sidewalk is not practical. Any
benefit from the off -site improvements; other improvements required of the developer by
provided, the Planning Commission may use the Planning Commission shall be coordinated
a different method of measurement if it with the Arkansas Highway and Transportation
determines that use of the acreage standard Department.
will not result in the subdivider bearing that
portion of the cost which bears a rational (Code 1965, App. C., Art. III, § A(4); Code 1991, §159.33;
nexus to the needs created by the Ord. No. 2293, 12-7-76; Ord. No. 2361, 7-19-77; Ord. No.
2570, 10-16-79; Ord. No. 2860, 10-5-82; Ord. No. 3974, 6-4-
subdivision. 96; Ord. No. 4100, §2 (Ex. A), 6-16-98)
(B) Delayed improvements. 166.08 Design Standards
CD166:29
Fayetteville Code of Ordinances
(A) Intent. These standards are intended to help the
developer achieve development that is safe,
efficient, pleasant, economic to build and easy to
maintain.
(B) Fitness for development. Based on topographic
maps, soil surveys prepared by the Department
of Agriculture and drainage information from the
General Plan, the Planning Commission may
require that steep grades, unstable soil and flood
plains be set aside and not subdivided until
corrections are made to protect life, health, and
property.
(C) Street design principles.
(1) Extensions. All street extensions shall be
projected at the same or greater width, but in
no case less than the standards.
(2) Substandard widths. Subdivisions that
adjoin existing streets shall dedicate
additional right-of-way to meet the minimum
widths listed.
(3) Street names. Names of streets shall be
consistent with natural alignment and
extensions of existing streets, and new street
names must be used which will not duplicate
or be confused with existing names.
(4) Tangents. A straight tangent at least 100
feet long shall separate reverse curves.
(5) Access. Safe and adequate vehicular and
pedestrian access shall be provided to all
parcels.
(6) Access control. Local streets and driveways
shall not detract from the safety and
efficiency of bordering arterial routes.
(7) Through traffic. Local street systems should
be designated to minimize through traffic
movements.
(8) Speed. Local streets should be designed to
discourage excessive speeds.
(9) Pedestrian. Pedestrian -vehicular conflict
points should be minimized.
(10)Economy. A minimum amount of space
should be devoted to street uses.
(11) Traffic control. There should be a minimum
number of intersections.
(12) Street pattern. The arrangement of local
streets should permit economical and
practical patterns, shapes, and sizes of
development parcels.
(13) Topography. Local streets should be related
to topography.
(14) Street standards. All street requirements
shall be met as set forth in the City of
Fayetteville Master Street Plan and Minimum
Street Standards.
(15)Dead-end streets. All dead end streets shall
end in a cul-de=sac with a radius of 50 feet.
The maximum length of a dead end street
shall be 500 feet.
(16) Distance from intersection to curb cuts.
Curb cuts shall not be allowed closer than 50
feet to an intersection for a local street and
60 feet for collector and arterial streets.
(17) Distance between curb cuts. The minimum
distance between curb •cuts shall be 25 feet
for a local street and 30 feet for a collector
and arterial street except for single-family
residential lots in which the requirement is 10
feet between curb cuts.
*See Table: Local Streets/Collector Streets
CD166:30
TITLE XV UNIFIED DEVELOPMENT CODE
_
Local Streets
Collector Streets
Ordinary
Hilly
Ordinary
Hilly
Density
City Limits
Planning
City Limits
Planning
City Limits
Planning
City Limits
Planning
Area
Area
Area
Area
Spacing
300-1400'
300'-1400
300-1400'
300'-1400'
300'-1400'
300-1400'
300-1400'
300'-1400'
Right -of-
50'
60'
50'
60'
60'
80'
60'
80'
way
Pavement
30'
24'
30'
24'
36'
30'
36'
30'
width
Vertical
8' shoulders
Vertical
8' shoulders
Vertical
8' shoulders
Vertical
8' shoulders
Border
curb &
& swales or
curb &
& swales or
curb &
& swales or
curb &
& swale or
utter
roll curb
Qutter
roll curb
gutter
roll curb
gutter
roll curb
One side
None
none
None
Both sides
none
none
Off-street
arkin
Sidewalk
Both sides
Both sides
Both sides
One side
Both sides
One side
Maximum
10%
10%
15% (300'
15% (300'
6%
6%
12%
12%
maximum
maximum)
Dead-end Streets
Length
500
1000
1000
500
Radius
50
50
-
--
ROW
Design
25
30
20
25
30
35
25
30
speed
Sign
distance at
250
250
11.0
110
350
350
150 -
150
centerline
Intersection
40'
40'
50'
50'
50'
50'
60'
60'
to curb cut
Between
25'
25'
25'
25'
30'
30'
30'
30'
curb cuts
Street
Yes
Yes
Yes
Yes
lighting
(D) Residential blocks.
(1) Width. Blocks shall be two tiers of lots wide,
except where topography, highway,
railroads, utility lines or other physical
features will not permit it.
(2) Length. Blocks shall be at least 400 feet
long, but no longer than 1,400 feet.
(E) Easements. Easements at least 25 feet wide
shall be centered along rear lot lines and along
side lot lines where needed to provide for utility
lines and surface drainage. The Planning
Commission may require larger easements for
major utility lines, unusual terrain or drainage
problems.
(F) Residential lots. The use and design of lots shall
conform to the, provisions of zoning where zoning
is in effect. When no zoning applies, the
following standards shall govern unless in conflict
with more stringent city or state regulations
applicable to the use of individual disposal
systems:
CD166:31
Fayetteville Code of Ordinances
(1) Bulk and area regulations:
City Limits
Planning Area
Lot area minimum
8,000 sq. ft.
10,000 sq. ft.
Lot width
minimum
70 ft.
75 ft.
Side setback
10 ft.
10 ft.
Rear setback
20 ft.
20 ft.
Frontage on
improved street
70 ft.
75 ft.
Provided, a suburban lot may be developed as a tandem lot
in accordance with zoning, Chapters 160 through 165.
(2) Size. The size and shape of the lots shall
not be required to conform to any stipulated
pattern, but insofar as practicable, side lot
lines should be at right angles to straight
street lines or radial to curved street lines.
When a tract of land is subdivided into larger
than normal lots, such lots shall be so
arranged as to permit the logical location and
opening of future streets and appropriate
resubdivision of the lots, with provisions for
adequate utility connections for such
resubdivision.
(3) Developments outside city developed to all
inside the city standards. If the City Council
grants access to the City's sewer system
pursuant to § 51.113 (C) and the
owner/developer agrees to petition for
annexation as soon as legally possible and
develop the subdivision in accordance with
all inside the city development requirements
including payment of all impact fees, the bulk
and area requirements for this subdivision
shall conform to those within the city limits
rather than those within the planning area.
(Code 1965, App. C., Art. IV, §§C, D, F -H; Ord. No. 1750, 7-
6-70; Ord. No. 1801, 6-21-71; Ord. No. 2196, 2-17-76; Ord.
No. 2353, 7-5-77; Code 1991, §§159.45, 159.58, 159.51-
159.53; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. 4757, 9-6-
05)
Cross references) -Bonds and Guarantees. Ch. 158;
Variances. Ch. 156; Notification and Public Hearings, Ch.
157.
166.09 Condition Of Acceptance
(A) The city shall not have any responsibility with
respect to any street, or other improvements,
notwithstanding the use of the same by the
public, unless the street or other improvements
shall have been accepted by the city.
(B) Prior to requesting final acceptance of streets
and sanitary and storm sewers the developer
shall furnish "as -built" drawings in reproducible
form.
(C) The city shall, within 30 days after the public
improvements have been offered for dedication
to the city, accept the improvements, provided
the improvements have been constructed in
accordance with the requirements and conditions
of this chapter and the specifications of the city.
The developer shall furnish proof that all
improvements are free of liens and debts.
(Code
No. 1965, App. C.,
Art.
III, §D; Ord. No. 1750, 7-6-70;
Code
1991, §159.36; Ord.
No.
4100, §2 (Ex. A), 6-16-98)
e
.._.
...
....
U11 1'flLWi*!iGP
. . . ... .
. .. .
. .
.
CD166:32
Fayetteville Code of Ordinances
lines to allow for future acquisition of right-of-way 4146A
Atomic rdiai Ooc gn And
for arterial streets. • r
tandardc
(Code 1965, App. A., Art. 8(10.1); Ord. No. 1747, 6-29-70; r
Ord. No. 3073, 3-19-86; Code 1991, §160.119; Ord. No. Vie'
4100, §2 (Ex. A), 6-16-98) --- _ _--_ - J
166.12 Structures Not.Allowed Over opporant�. -- d
Public Easements
qty:
No portion of any structure shall be built over any ) To _ - _
public utility easement. indludpbui :t .-
166.13 Underground Utility Wires '
ond
(A) In the new residential developments requiring ---i•-b9b h'tho-ity
Planning Commission approval and new ±"toi
commercial developments all utility wires, lines, <<- , --
and/or cable in said developments utilized by t o ,
electric and/or telecommunications companies
shall be placed underground.
(B) Waiver. In case of hardships, (including but not
limited to financial, geological, environmental, or
regulatory) unique to the subject property, the
Planning Commission may grant a waiver, on a
permanent or temporary basis, to allow the
erection, construction, installation, maintenance,
use or operation of poles and overhead wires and
associated overhead structures.
(C) Exemptions. The following shall be exempt from
the requirements of this section:
(1) Overhead wires, supporting structures, and
associated structures of a temporary nature
which provide temporary service. A permit
obtained from the Zoning and Development
Administrator for said temporary service,
addressing the nature and duration of said
service, shall be required.
(2) Existing lines of 12Kv and above.
(3) A single power pole near the exterior
boundary of a development shall be allowed
to provide connections for underground
service.
(D) Nothing herein shall be construed to usurp the
authority of the Arkansas Public Services
Commission and in all instances of conflict, the
rules and regulations of said Arkansas Public
Service Commission shall prevail.
(Ord. No. 4100. §2 (Ex. A), 6-16-98; Ord. No. 4169, §1, 6-
16-99)
REMOVE AND IREPL- ACE 1166.14
WITH EXHIBBIT `A'
I.
Ctfls
- . I.._..I- ' -
- -.--p-J
.,_.. ,_,..
rte.. - ..: .....-
CD166:34
TITLE XV UNIFIED DEVELOPMENT CODE
Iwcb!:nw&'rMrjd4r":'wc
111M)
yrJ
I.
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'WiII'.uJL1!�hrc1Nt
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Ii:iclluml
CD166:35
TITLE XV UNIFIED DEVELOPMENT CODE
(1) The actual dimensions and shape of the lot
. . to be built upon;
(2) The exact sizes and locations on the lot of
buildings already existing, if any;
(3) The location and dimensions of the proposed
building or alteration;
(4) The application shall include such other
information as lawfully may be required by
the Zoning and Development Administrator,
including:
(a) Existing or. proposed building or
alteration;
(b) Existing or proposed uses of the
building and land;
(c) The number of families, housekeeping
units, or rental units the building is
designed to accommodate;
(d) Conditions existing on the lot; and
(e) Such other matters as may be
necessary to determine conformance
with, and provide for the enforcement of
this chapter.
(B) Approval/denial. One copy of the plans shall be
returned to the applicant by the Zoning and
Development Administrator, after . he/she shall
have, marked such copy either as approved or
disapproved, and attested the same by his/her
signature on such copy. The original of the
plans, similarly marked, shall be delivered to, and
retained by the Building Safety Division.
(C) Expiration of building permit.
(A) Application. All applications for building permits
shall be accompanied by plans in duplicate
drawn to scale showing:
(1) Begin work. If the work described in any
building permit has not begun within 180
days after the date of issuance thereof, said
permit shall expire. It shall be canceled by
the building inspector and written notice
thereof shall be given to the persons
affected.
(2) Substantial completion. If the work
described in any building' permit has not
been substantially completed within two (2)
years of the date of issuance thereon, said
permit shall expire and be canceled by the
building inspector and written notice, thereof
shall be given to the persons affected,
together with notice that further work as
described in the canceled permit shall not
proceed unless and until a new building
permit has been obtained.
CD166:37
Fayetteville Code of Ordinances
(Code 1965, App. A., Art. 9(2). (4); Ord. No. 1747, 6-29-70;
Code 1991, §§160.191, 160.193; Ord. No. 4100, §2 (Ex. A),
6-16-98)
Cross reference(s)—Building Regulations, Ch. 173:
Enforcement, Ch. 153.
166.16 Construction To Be As Provided
In Application, Plan, And Permits
Building permits issued on the basis of plans and
applications approved by the Zoning and
Development Administrator authorize only the use,
arrangement, and construction set forth in such
approved plans and applications, and no other use,
arrangement, or construction.
(Code
1965, App. A., Art.
9(5); Ord. No.
1747, 6-29-70;
Code
1991, §160.194: Ord.
No. 4100, §2 (Ex.
A), 6-16-98)
166.17 Suspending Issuance Of Permits
Pending Zoning Amendments
(A) No permit for the erection of any building or
structure, or permit for the conduct of any use,
shall be issued for a period of not more than 90
days after the question of a zoning amendment,
so as to prohibit the use or building
contemplated in the area concerned, has been
referred to the Planning Commission.
(B) For the purpose of this section an amendment
has been referred to the Planning Commission
when a rezoning petition or official request for
rezoning study is filed with the Zoning and
Development Administrator. Provided that if final
action by the City Council is not taken on the
question within three months of the time the
matter is so referred, the permit shall be issued if
all other requirements are met. If within such
three-month period the governing body of the
municipality shall pass an ordinance amending
zoning, Chapters 160 through 165, so as to
prohibit such building, structure, or use, no such
permit shall be issued.
(C) However, nothing contained in this section shall
prohibit the issuance of a building permit, or
permit for the conduct of any use, if an
application for said permit together with all fees
required and complete set of plans demonstrating
complete or substantially complete compliance
with all building and zoning requirements is filed
with the Zoning and Development Administrator
prior to the reference to the Planning
Commission.
(Code 1965, App. A., Art. 9(7); Ord. No. 1747, 6-29-70; Ord.
No. 1918. 5-15-73; Code 1991, §160.196; Ord. No. 4100, §2
(Ex. A), 6-16-98)
166.18 Master Street Plan Setbacks
The city shall require the applicant/developer to
establish a right-of-way setback line based on the
right-of-way requirements for streets and highways
designated by the Master Street Plan. Such setback
line shall be considered the property line for such
purpose of satisfying the requirements of'the UDO. All
building setbacks, required landscaping, parking lots,
display areas, storage areas and other improvements
and uses shall be located outside of such established
setback area. The required width of setbacks,
landscaped areas, buffers, and all other setback
requirements shall be dimensioned from the
established right-of-way setback line, The
establishment of any new structure or other
improvements within the right-of-way setback is
prohibited.
166.19 Expiration Of Previously
Approved Plans And Permits
All approved large scale developments, planned
zoning districts, conditional uses, and lot splits
approved prior to July 1, 2002, which have not
received all required permits to begin construction,
have not begun construction, have not been
established, or in the case of lot splits, have not been
recorded within twelve (12) months from the date of
the passage of this ordinance, shall be required to
comply with all current ordinances. The Zoning and
Development Administrator is authorized to approve
minor plat modifications and/or design changes
necessitated by compliance with this section.
166.20 Expiration Of Approved Plans
And Permits
(A) Applicability. The provisions of this section apply
to all of the following plans and permits:
(1) Preliminary plats;
(2) Planned zoning district developments;
(3) Conditional uses;
(4) Large-scale developments;
(5) Lot splits;
(6) Physical alteration of land permits;
(7) Storm water, drainage, and erosion control
permits;
(8) Tree preservation plans;
(9) Sign permits; and,
(10) Floodplain development permits.
(B) One-year time limit.
CD166:38
TITLE XV UNIFIED DEVELOPMENT CODE
(1) Tasks to be completed. All of the above- enumerated plans and permits shall be
enumerated plans and permits are rendered null and void.
conditioned upon the applicant
accomplishing the following tasks within one 166.21-166.99 Reserved
(1) year from the date of approval:
(a) For any renovation or new construction,
receive a building permit; and/or,
(b) For a lot split, record a deed or survey at
the Washington County Circuit Clerk's
Office, stamped for recordation by the
City Planning Division; and/or,
(c) Receive a Certificate of Zoning
Compliance; and/or,
(d) Receive all permits and approvals
required by City, State, and Federal
regulations to start construction of the
development or project.
(2) Extensions. Prior to the expiration of the one
(1) year time limit, an applicant may request
the Planning Commission to extend the
period to accomplish the tasks by up to one
(1) additional year. The applicant has the
burden to show good cause why the tasks
could not reasonably be completed within
the normal one (1) year limit.
Expiration. If the required task(s) are not
completed within one (1) year from the date
of approval or during an allowed extension
period, all of the above -enumerated plans
and permits shall be rendered null and void.
(C) Three-year time limit.
(1) Tasks to be complete. All of the above -
enumerated plans and permits are also
conditioned upon the applicant completing
the project and receiving final inspection
approval and/or a final Certificate of
Occupancy permit within three (3) years from
the date of issuance of a Building Permit.
(2) Extensions. Prior to the expiration. of the
three (3) year time limit, an applicant may
request the Planning Commission to extend
the three (3) year period to complete the
project by up to two (2) additional years.
The applicant has the burden to show good
cause why the project could not reasonably
be completed within the three (3) year time
limit.
(3) Expiration. If the applicant fails to meet the
requirements of subsection (C)(1) within
three (3) years from the date of issuance of a
Building Permit or during an allowed
extension period, all of the above-
CD166:39
r
"Exhibit A"
166.14 Commercial Design And
Development Standards
(A)
Purposes.
(1)
To protect and enhance Fayetteville's
appearance, identity, and natural and
economic vitality.
Ii
(2)
To address environmental concerns
which include, but are not limited to, soil
erosion, vegetation preservation, and
drainage.
(3)
To protect and preserve the scenic
resources distributed throughout the city
which have contributed greatly to its
economic development, by attracting
tourists, permanent part-time residents,
new industries, and cultural facilities.
(4)
To preserve the quality of life and
integrate the different zones and uses in
a compatible manner.
(5)
To address the issues of traffic, safety,
and crime prevention. -
(6)
To preserve property values of
surrounding property.
(7)
To provide good civic design and
arrangement.
(B) Applicability. The standards set forth herein
shall
apply in the following zoning districts,
except as noted:
(1)
R -O, Residential Office;
(2)
C-1, Neighborhood Commercial
(3)
C-2, Thoroughfare Commercial;
(4)
C-3, Central Commercial;.
(5)
C-4, Downtown;
(6)
I-1, Heavy Commercial and Light
Industrial;
(7)
1-2, General Industrial;
(8)
P-1, Institutional;
(9)
E-1, Extraction;
(10)PZD, Planned Zoning District when
commercial, office, institutional and
industrial uses are planned.
(11) Any other zoning district when
commercial, office, institutional, and
industrial uses are allowed, as a
conditional use. •
(C) Site development standards and Design
elements for commercial structures. The
following site development standards and
design element guidelines for commercial
structures shall apply when either new
development or expansion of 25% of the
existing building square footage occurs.
(1) The elements to avoid or minimize
include:
(a) Unpainted concrete precision block
walls;
(b) Square "boxlike" structures;
(c) Metal siding which dominates the
main facade;
(d) Large blank, unarticulated wall
surfaces;
(e) Large out of scale signs with flashy
colors.
(2) Construction and appearance design
standards for commercial structures.
(a) A commercial structure or
development shall be designed to
avoid or minimize the elements set
forth in (1)(a) — (d) above.
(b) A commercial development which
contains more than one building
should incorporate a recurring,
unifying, and identifiable theme for
the entire development site.
(c) A development should provide
compatibility and transition between
adjoining developments.
Design Element Guidelines, Commercial
(b) Chain link. Chain link fence is
prohibited if closer to the street than
Sign out of scale Large box the front of the building in zoning
with buildin structure districts C-1, C-2, C-3, C-4, and R -
O. Residential uses are exempt
from this requirement.
(c) Height of fences in front buildings.
Fences located in front of the
%unarticulated
etal siding primary structure may be solid up to
30 inches in height. Any part of a
Large blank, dominating fence which exceeds 30 inches in
main facade height shall not bstruct the view of
wall surface
the primary structure from the right -
(3) Site coverage. A maximum of 85% of of -way.
the development site may be covered by
the ground floor of any structure, (D) Buffer Strips and screening. When review of
parking lots, sidewalks, and private a development requires the construction and
streets and drives or any other maintenance of a buffer strip, fence, or
impermeable surface. Zoning districts screen wall as a condition for initiating and
C-3, C-4, and the Design Overlay subsequently continuing any use, such
District are exempt from this buffer strip, fence, or screen wall shall be
requirement. constructed and maintained on the zoning lot
containing or proposed to contain such use,
(4) Driveways. Shared drives and cross in accordance with provisions of this chapter.
access between properties shall be The purpose of the buffer strip shall be to
encouraged to developed and provide separation and enclosure of uses;
undeveloped properties. excopt-in -6 3 the purpose of the fence to enclose uses; the
ondCThnpp. purpose of the screening wall to conceal
uses.
(5) Setback reduction. Required building
setbacks may be reduced in accordance
with the following table where vegetation
having a minimum height of one foot six
inches at the time of planting and
occupying 10% of the open area is
installed and no off-street parking is
provided in the remaining front setback.
One-way rdnve raistes may be permitted
within'' thesethadk,
C-1, C-2, and I-1 zones
From 50 feet to 25 feet
R-0 zone
From 30 feet to 25 feet
1-2 zone
From 100'feel to 50 feet
(6) Maintenance of vegetation. Vegetation,
under the provisions of this section,
shall be continuously maintained to
conform to the requirements of this
section.
(7) Fences. The following types, height,
and location of fences shall be
prohibited:
(a) Razor and/or barbed wire. Razor
and/or barbed wire fences are
prohibited if visible from the street
right-of-way or a residence, unless
and except barbed wire fences are
used for agricultural purposes.
(1) Landscaped area. The buffer strip
landscaped area shall consist of a strip
of land at least 12 feet wide which shall
be adequately 'landscaped with approval
of 'the iLJfbn (Fore -stet, entirely on the
zoning lot which is required to provide
the buffer strip, and so located as to
serve as an effective buffer between the
use required to provide the buffer strip
and other property for whose protection
the buffer strip is required. The buffer
strip shall extend along the full length of
the boundary separating the zoning lot
from such other property, or from the
street, as the case may be.
(2) Fence required. Required fences shall
be of a wood or chain link type (barbed
wire not permitted) not less than six (6)
feet high, constructed of good,
substantial material, of first-class
workmanship, and so erected as to
resist wind pressure, ensure public
safety, and present a neat, attractive
uniform appearance.
(3) 'Screen.require-d. Screening shall lmean
a view 'obscuring .fence., `view -obscuring
berm, view obscuring •architectural
treatment,, or` View obscuring vegetation,
or icombination thereof, 'of sufficient
height to prevent the view of the
obscuring within two years from the
screened items from vehicular and
date of planting. If vegetation
pedestrian traffic on adjacent streets;
planted under this subsection does
and from residential property-'
not become view -obscuring within
Vegetation shall be planted at a density
- two years, a view -obscuring fence
sufficient to become view obscuring
shall be installed.
within two years from date of
_the
planting:
(c) -,Exceptions: The outdoor display of
materials or equipment solely for
(4) Mechanical and utility= equipment and
sale or lease, such as automobiles;
trash enclosures, and
seasonal garden supplies, etc. shall
shall be
not be required to be screened as
_&i�iThhd'oquipmont
screened if visible from the
set forth in subsection (a)above
highway/street right-of-way or from
residential property as set forth below:
(6)
Non-residential adjacent to residential
zones. A view -obscuring fence or view -
(a) Mechanical and utility equipment.
obscuring vegetation, or a combination
All mechanical and utility equipment
of the two, shall be required between
located on the wall and/or on the
Rc❑mow er sideeMial uses and all
ground shall be screened. All roof
nonresidential uses (including access
mounted utilities and mechanical
drives and parking lots for five (5) or
equipment shall be screened by
more carsto any use) and
incorporating screening into the
_accessory
any� commorcial or� industilal
structure utilizing materials
uco and adjacontto any
compatible with the supporting
.
6aeaes
building. Mechanical and utility
equipment over 30 inches in height
(6)
Mini -storage. At the expense of the
shall meet building setbacks.
owner of the property, all storage units
and storage yards for mini -storage
(b) Trash enclosures. Trash
,
created under Use Unit 21 shall be
enclosures shall be screened with
required to be screened by view
materials that are compatible with
obscuring vegetation when the storage
and complementary to the principal
yards or the storage units have common
structure, with access not visible
property lines with any residential use or
from the street.
zone and when they have frontage on
any public street. Vegetation used for
(5) Outdoor storage 61 material and
screening purposes shall be planted at a
equipment shall be screened if visible
density sufficient to become view
from the highway/street right-of-way or
obscuring within two years from the date
from residential_ property_as�sel,fo_rth
of planting and it shall be the
below_:
responsibility of the property owner to
maintain the screening throughout the
(a) At the expense of the owner or
life of the use of the property as mini -
lessee of the property, and in all
storage.
zones, the following uses shall be
completely surrounded by a view
(E)
Design review.
obscuring fence or by view
obscuring vegetation, or a
(1)
Submittals. The following drawings,
combination of the two, of sufficient
information, and plans shall be
height to prevent the view of the
submitted to the Planning Commission
premises from vehicular and
for design review and approval with
pedestrian traffic on adjacent
large scale development applications,
streets: outdoor storage yards,
when applicable; or, submitted to the
including but not limited to, auto
Planning Division for design review and
salvage yards, scrap metal yards,
approval with, or prior to, building permit
used furniture yard and garbage
applications for non -large scale
dumps.
development.
(b) Where vegetation is used to meet
(a) Elevations. elevation
the requirements of this subsection,
_Rendered
drawing of h' T i
the vegetation shall be planted at a
- all
density sufficient to become view
facades showing adjoining context
and a description of external
building materials,
(b) IMaterriafs .sample. A rsample of
exterior materials to be used for the
proposed rsfructure that indicates
texture, color land ',type iof ',materials.
(c) Landscaping. Proposed
landscaping to be used as
screening shall be shown on the
tree preservation plan Or- site ;plan
and (landscape plan.
(2) Build out. Upon approval of a large
scale development, or issuance of a
building permit, build out of the project
shall conform to the drawings,
information, and plans approved.
(a) Amendments. Amendments to the
drawings, information, and plans
shall be submitted to the planning
division. Amendments which are
determined to be insignificant or
minor may be approved by the
Planning Division. Significant
amendment shall be approved by
the Planning Commission when
approval was given through the
large scale development process,
or by the planning division when
approval was given through the
building permit process,
(b) Review. Amendments shall be
considered using the same
standards as the initial design
approval.
(c) Noncompliance. Failure to build -
out the project according to the
approved drawings, information,
and plans, or approved
amendments thereto, shall render
the large scale development
approval, or the building permit
approval void.
(F) Variances. (See Chapter 156.)
TITLE:XV UNIFIED;DEVELOPMENT'CODE,
`''CHAP?TER.1720;PARKING'AND LOADING
172.01 PURPOSE........:...............................................................................................................................3
172.02 PARKING LOT CONSTRUCTION STANDARDS...........................................................................3
172.03 ACCESSIBILITY..............................................................................................................................3
172.04 PARKING LOT DESIGN STANDARDS..........................................................................................4
172.05 STANDARDS FOR THE NUMBER OF SPACES BY USE.............................................................6
172.06 PARKING LOT LOCATION STANDARDS.....................................................................................9
172.07 RESERVED..................................................9
172.08 NONCONFORMING PARKING LOTS..........................................................................................11
172.09 OFF-STREET LOADING................................................................................................................12
172.10 BICYCLE PARKING RACK REQUIREMENTS.............................................................................14
172.11-172.99 RESERVED...............,............................... .............................................. .
CD172:1
CHAPTER 172: PARKING AND LOADING
172.01 Purpose•
The regulations of this section are intended to
reinforce community standards and to promote safe
and attractive parking lots for new, redeveloped, and
expanded development within the city. The size,
number, design, landscaping, and location of parking
lots are regulated in order to:.
(A) Provide for the safe and orderly circulation of
motor vehicles within parking lots;
(B) Provide safe ingress and egress to parking lots
from public and private streets;
(C) Protect adjoining properties from the adverse
impacts associated with parking lots such as
noise, lighting, appearance, drainage, and effect
on property values;
172.03 Accessibility
(A) ADA reference. Accessibility for persons with
disabilities in parking lots and building
approaches shall be as required by the current
ADA and as may from time to time be amended.
(B) Location and size. Location and minimum stall
size of accessible parking spaces, passenger
loading zones, or valet parking facilities, when
provided for public or governmental buildings and
facilities, shall meet the standards adopted in the
ADA.
(C) Buildings. Accessibility guidelines (ADAAG) for
buildings and facilities, Appendix A to 28 C.F.R.
Part 36, or the current federal standard.
(D) Signage. Accessible parking spaces for persons
(D) Provide adequate areas for off-street parking and with disabilities shall be identified with signs in
storage of motor vehicles, while at the same time accordance with the ADA of 1990 or the current
preventing over -supply of parking in mixed -use federal statute. Curb ramps shall be provided in
circumstances; and, accordance with ADA of 1990 wherever an
accessible route crosses a curb in the parking lot.
(E) Enhance the appearance of parking lots in all
zoning districts.
172.02 Parking Lot Construction
Standards
(A) Permits and plan. For parking lots containing five
(5) or more spaces, building, and grading permits
and site and grading plans shall be required prior
to any initiation of work.
(B) Surfacing. Parking lots shall be asphalt, semi-
permeable soil pavers, or concrete, graded and
drained to dispose of surface . water. into
appropriate structures.
(C) Barriers. Parking lots shall be provided with
wheel guards or curbs so located that no part of a
parked vehicle will extend into or over the
sidewalks, property lines, or street right-of-way.
(D) Striping and marking. Parking lots spaces shall
be striped to indicate the location of the individual
spaces, directional arrows shall be provided at
the entrance of aisles and entry drives, and
accessible spaces shall be marked meeting
current Americans with Disabilities Act (ADA)
requirements. Such striping and marking shall be
in accordance with the Manual on Uniform Traffic
Control Devices.
(E) Minimum number of accessible spaces. The
following table shall be used to determine the
minimum number of accessible parking spaces to
be provided for persons with disabilities:
Total parking spaces -
in lot or garage
Minimum number of
accessible spaces
1-25
1
26-50
2
51-75
3
76-100 -
4
101-150
5
151-200
6
201-300
7
301-400
8
401-500
9
501-1000 .
2% of total spaces
Over 1000
20 spaces + 1 space for
each 100 spaces over
1000
(F) Facilities providing medical care. Facilities
providing medical care and other services for
persons with mobility impairments shall provide
accessible parking spaces as follows:
(1) Outpatient facilities. Outpatient units and
facilities shall provide a minimum of 10% of
the total number of parking spaces provided
serving each such outpatient unit or facility,
but in no event shall less than one such
parking space be provided.
CD172:3
Fayetteville Code of Ordinances
(2) Specialized facilities. Units and facilities that
(3) Visitor parking. Accessible visitor parking
specialize in treatment or services for
that provides sufficient access to grade level
persons with mobility impairments shall
entrances of multi -family dwellings is also
provide 20% of the total number of parking
required.
spaces provided serving each such unit or
facility, but in no event shall less than one
172.04 Parking Lot Design Standards
such parking space be provided.
(See: Illustration: Parking Dimension Factors)
(G) Multi -family dwellings. Multi -family dwellings
(A) Maneuvering. Parking lots shall be designated,
containing four (4) or more dwelling units shall
maintained, and regulated so that no parking or
provide accessible parking spaces as follows:
maneuvering incidental to parking will encroach
into the areas designated for sidewalks, streets,
(1) Fair Housing Act reference. Accessible
or required landscaping except as provided for in
parking shall be provided which meets the
§172.07(8)(2). Parking lots shall be designed so
provision in the Final Housing Accessibility
that parking and unparking can occur without
Guidelines, 24 C.F.R., Chapter 1,
moving other vehicles. Vehicles shall exit the
Subchapter A, Appendix II, of the Fair
parking lot in a forward motion.
Housing Act of 1968, as amended, or the
current federal standard.
(B) Compact spaces. A maximum of 35% of the total
(2) Number of required accessible space.
spaces may be compact spaces. Compact
spaces shall be marked either by marking on the
Designated accessible parking shall be
pavement or by separate marker.
provided for at least two (2) percent of the
dwelling units and at facilities such as
(C) Dimensional requirements. (See Table 1)
swimming pools and clubhouses that serve
accessible buildings. Additional designated
accessible parking shall be provided on
request of residents with disabilities, on the
same terms and with the full range of
choices that are provided for other residents
of the development.
Parking Dimension
Factors
• L0,
�e1 M1V`
Jl SM1
Qe
Ms,CD)
Stlall p eptb qqH
P e,p end c.. I ar D
to Ao(e (E>
ce
Cub Length CC)
I Stall
Vidtb
or
C.irb
Length
CC)
areie a, Sheet
Parallel Parking
CD172:4
TITLE XV. UNIFIED DEVELOPMENT CODE
TABLE I
DIMENSIONAL REQUIREMENTS
Width
Curb length
One-way
Two-way
Stall depth
Angle
(A) (B) (C)
Type
(in ft.)
(in ft.)
aisle width
aisle width
(in f
(in ft.)
(In ft.)
.)
(E)
D
D
0°
Standard
8
22.5
12
24
8
Parallel
Compact
7.5
19.5
12
24
7.5
30°
Standard
9
18
12
24
17
Compact
7.5
15
12
24
14
450
Standard
9
12.5
12
24
19
Compact
7.5
10.5
12
24
16
60°
Standard
9
10.5
18
24
20
Compact
7.5
8.5
15
24
16.5
90°
Standard
9
9
24
24
19
Compact
7.5
7.5
22
24
15
(D) Parking lot entrances.
(1) Throat length. The length of driveways or
"throat length" shall be designed in
accordance with the anticipated storage
length for vehicles to prevent them from
backing into the flow of traffic on the public
street or causing unsafe conflicts with on -site
circulation. General standards appear
below, but these requirements may vary
according to the project volume of the
individual driveway. These measures
generally are acceptable for the principal
access to a property and are not intended for
minor driveways. Variation from these
standards may be permitted for good cause
upon approval of the Zoning and
Development Administrator and City
Engineer.
TABLE 2
GENERALLY ADEQUATE
DRIVEWAY THROAT LENGTHS
Shopping Centers
>200,000 GLA
200 ft
(Signalized) (
800 spaces
Smaller
Developments
<200,000 GLA'
75-95 ft.
(Signalized)
Unsignalized
—
40-60 ft.
Driveways
'GLA-Gross leaseable area
Commentary: The throat lengths in Table 2 are provided to
assure adequate stacking space within parking lot driveways
for general land use intensities. This helps prevent vehicles
from stacking into the thoroughfare as they attempt to enter
the parking lot. High traffic generators, such as large
shopping plazas, need much greater throat length than
smaller developments or those with unsignatized driveways.
The guidelines here for larger developments refer to the
primary access drive. Reduced throat lengths may be
permitted for secondary access drives serving large
developments.
•
I ■
o,
i
y �
CD172:5
Fayetteville Code of Ordinances
(2) Entrances and internal aisle design. The
driveway width into parking lots shall meet
the following guidelines:
(a) Entrances
connect to commercial driveways.
Aisles connecting to commercial
driveways may be permitted to be
27 feet in width when the driveway
is in conformance with
§171.13(B)(6).
(E) Hillside/Hilltop Overlay District.
(1) Separation of Parking Pads in Multi -Family,
Office, and Commercial Development.
Parking pads shall be separated by a
minimum undisturbed area of 15 feet
between parking pads. Streets and access
drives are permitted to cross this undisturbed
area.
(i) One-way. If the driveway is a one-
way in or one-way out drive, then �.?,
—w= 7
the aisle widths shall be 12 feet ..•,'. iY; s
wide up to a maximum of 15 feet M L
wide.
s:
(ii) Two-way. For two-way access, (- 1 '
. ! _ '_- ;;' =,
each entrance lane shall be a
minimum of 12 feet wide and a
maximum of 15 feet wide.
Whernjvqr-morothan
(2) Cut and Fill Slopes. Parking pads should be
-d'bya pjg�'a'iJ encouraged to utilize -cut slopes with
retaining walls to minimize disturbance.
J --
I .� `_ _ _j - It
' ._... .
(3) Maximum number of spaces per parking lot
for multi -family and office use. Parking pads
shall have a maximum of 30 spaces per pad.
(iii) Major thoroughfares. Driveways
that enter the major thoroughfare at (4) Parking lot location with multifamily and
traffic signals must have at least office structures. When the building is
two outbound lanes (one for each located adjacent to the street the parking
turning direction) and one inbound shall be located in the rear. When the multi-
lane. family structure is located off of the street, a
minimum of 35' of undisturbed area shall
(iv) Curb radius. All commercial separate the building from the street.
driveways should have a minimum
curb radius of 25 feet. (5) Developers of multi -family, office, and
commercial uses in the Hillside/Hilltop
(b) Internal circulation drives. Overlay 'District are encouraged to refer to
the Hillside/Hilltop Best Management
(i) Aisles shall be designed so that Practices Manual for guidance and direction
they intersect at 90 degrees with in the design of their project.
internal drives where practicable.
(Ord. 4725, 7-19-05; Ord. No. 4855, 4-18-06)
(ii) Aisles shall be designed to
discourage cut -through traffic by 172.05 Standards For The Number Of
use of landscape islands. Spaces By Use
(iii) Aisles shall conform to §174.04(C) (A) Off-street parking. Except as provided in (1) and
with the exception of aisles that (2) below, off-street parking spaces shall conform
CD172:6
TITLE XV. UNIFIED DEVELOPMENT CODE
to the requirement in Table 3 below. Parking
requirements shall be met at the time any
building or structure is erected, enlarged, or
increased in capacity, changed in use, or any
outdoor use is established or enlarged. In mixed
use developments or in cases of shared parking
agreements, parking requirements may be
reduced at the property owners request as
outlined in §172.05(D). Reduced parking within
mixed use developments.
(1) Change of use — shared parking. Except as
outlined in (2) and (3) below, change of use
in mixed use developments or developments
that have entered an approved shared
parking agreement requires a parking
demand analysis using Table 4, Parking
Occupancy Rates. The property owner shall
notify the Planning Division when a change
of use is proposed. A forecast deficiency
greater than 15% must be met by the
construction of additional parking spaces,
payment of in lieu fees, support of shuttle
service, other trip reduction programs
satisfactory to the city, or a combination
hereof.
(2) Change of use — waiver. In C-3 and C-4
zoning districts, parking requirements are
waived for any existing structure with a
change of use. New construction, razed
buildings or enlarged buildings shall conform
to the parking requirements of the City of
Fayetteville. For enlarged buildings,
additional parking spaces will be calculated
by the amount of square footage that is
added.
(3) Building footprint — waiver. In C-3 and C-4
zoning districts, parking requirements are
waived for the square footage "footprint" of
any building which existed and has been
removed since October 1, 1995, in order to
rebuild.
(4) C-3 and C-4 Zoning Districts accessory
outdoor. use areas - Accessory outdoor
patios, balconies, decks, and other similar
outdoor use areas for restaurants and bars
shall be exempt from meeting off-street
parking requirements in the C-3 and C-4
zoning districts.
(B) Maximum/minimum number allowed. Parking
lots may contain up to 30% more spaces than the
required spaces and 30% less spaces than the
required spaces. Any additional spaces above
30% or below 30% shall be allowed only as a
conditional use and shall be granted in
accordance with Chapter 163, governing
applications of conditional uses; procedures, and
upon the finding that additional spaces are
needed.
TABLE 3
PARKING RATIOS
(Use/Required Spaces)
Residential
Single-family, duplex, triplex lex 2 per dwelling unit
Multi -family or townhouse 1 per bedroom
.G�T'T4:1.1 ll
Amusement
1 per 200 sq. ft. of GFA
Auditorium
1 per 4 seats
Auto/motorcycle service
4 per each
stations
enclosed service bay
Bank
1 per 200 sq. ft. of GFA
Barber or beauty shop
2 per chair
Coin -operated laundry
1 per 3 machines
Hospital and convalescent
1 per bed
home
Hotels and motels
1 per guest room, plus 75%
of spaces required for
accessory uses.
Regional antique and
I per 500 sq. ft. of GFA
furniture
1 per 100 sq. ft. GFA plus 4
Restaurants
stacking spaces per drive-
thru window.
Retail
1 per 250 sq. ft. of GFA -
1 per 200 sq. ft. of retail FA;
Retail fuel sales with
spaces at pump islands are
convenience stores
counted toward this
requirement
3 per each employee;
_
Retail fuel sales only
spaces at pump islands are
counted toward this
requirement
Medical/Dental office
1
per 250 sq.
ft of GFA
Professional office
1
per 300 sq.
ft. of GFA
Sales office
1
per 200 sq.
ft. of GFA
Public and Institutional Uses
Non rofit Commercial
Art gallery, libra , museum
1 per 1,000 sq. ft. of GFA
1 per 4 seats, provided only
Auditorium
auditorium space is counted
in_determining_parking
1 per employee plus on -site
Child care center, nursery
loading and unloading
school
spaces at a rate of 1 per 10
children accommodated
1 per 4 seats in the main
Church/religious institution
auditorium or 1 per 40 sq. ft
of assembly area, whichever
provides more s aces
College auditorium
1 per 4 seats
Colleqe dormitory
1 per sleeping room
College or university
1 per 500 sq. ft of
classroom area
Community center
I per 250 sq. ft. of GFA
Detention home
1 per 1,500 sq. ft. of GFA
CD172:7
Fayetteville Code of Ordinances
Government facilities
1 per 500 square feet of
floor area
Funeral homes
1 per 4 seats in main chapel
plus 1 per 2 employees plus
1 reserved for each vehicle
used In connection with the
business
Hospital
1 per bed
Convalescent home
1 per bed
School —elementary and
1 per employee plus 1 space
junior high
per classroom
School --senior high
1 per employee plus 1 per 3
students based on design
capacity, or 1 per 6 seats in
auditorium or other places of
assembly, whichever is
greater
Zoo
1 per 2,000 sq. ft. of land
area
All other public and
institutional uses (only
1 per 4 occupants
auditorium space shall be
counted for churches,
auditoriums, or group
occupancy space)
Manufacturing/Industrial
1 per 1,200 sq. ft. of GFA or
Manufacturing
one per employee,
whichever is greater
Heavy industrial
1 per 1,200 sq. ft. of GFA
Extractive uses
Adequate for all employees,
trucks,_and_equipment
Recreational Uses
Amusement park, miniature
golf
1 per 1,000 sq. ft. of site
area
Bowling alley
6 per lane
Commercial recreation
1 per 200 sq. ft. of GFA
Commercial recreation -large
sites
1 per 1,000 sq. ft. of site
area
Dance hall, bar or tavern
1 per 50 sq. ft. of GFA,
excluding kitchen
Golf course
3 per hole
Golf driving range
1 per tee box
Park
2 per.acre
Playfield, playground
None
Private dub or lodge
1 per 500 sq. ft. of GFA or 1
per 3 occupants based on
the current adopted
Standard Building Code
whichever is greater
Riding stable
1 per acre; not required to
be paved
Tennis court
2 per court
Theater
1 per 4 seats
All other recreational uses
1 per 4 occupants
Warehousina and Wholesale
Warehousing
1 per 2,000 sq. ft. of GFA
Wholesale
1 per 1,000 sq. ft. of GFA
Center for collecting
recycled materials
1 per 1,000 sq. ft. of GFA
(C) Shared
parking.
Parking requirements
may be
shared
where it
can be determined that
the peak
parking demand of the existing or proposed
occupancy occur at different times (either daily or
seasonally). Such arrangements are subject to
the approval of the Planning Commission.
(1) Shared parking between developments.
Formal arrangements that share parking
between intermittent uses with nonconflicting
parking demands (e.g. a church and a bank)
are encouraged as a means to reduce the
amount of parking required.
(2) Shared parking agreements. If a privately
owned parking facility is to serve two or more
separate properties, then a "Shared Parking
Agreement" is to be filed with the city for
consideration by the Planning Commission.
(3) Shared spaces. Individual spaces identified
on a site plan for shared users shall not be
shared by more than one user at the same
time.
(D) Reduced parking within mixed use
developments. Parking requirements may be
reduced where it can be determined that the
peak parking demand of the existing or proposed
occupancy occur at different times (either daily or
seasonally). Such arrangements are subject to
the approval of the Planning Commission.
(1) Request for parking space reduction. A
shared parking plan must be prepared to the
satisfaction of the Planning Commission
showing that parking spaces most
conveniently serve the land uses intended,
directional signage is proved if appropriate,
and pedestrian links are direct and clear.
(2) Calculating parking space reductions.
Parking space reductions can be determined
by a calculation using Table 4, Parking
Occupancy Rates. If the calculation does
show a parking space regulation reduction to
be feasible, the applicant shall submit a
parking reduction worksheet showing the
process for calculating the reduction as
outlined herein. The calculation using Table
4, Occupancy Rates shall be conducted as
follows:
(a) Determine minimum spaces required.
The minimum number of parking spaces
that are to be provided and maintained
for each use shall be determined by
using Table 3, Parking Ratios.
(b) Calculate
occupancy
rates.
The
minimum
number of
parking
spaces
shall be
multiplied by
the "occupancy
rate" (the
percentage) provided
in Table
4, Parking Occupancy
Rates,
for each
CD172:8
TITLE XV. UNIFIED DEVELOPMENT CODE
use for the weekday night, daytime and
evening periods, and weekend night,
daytime and evening periods,
respectively.
(3) Sum parking spaces. Sum the parking
spaces for the combined uses for each time
period. The number of parking spaces from
the time period with the highest calculated
number of parking spaces shall be the
number of spaces required for the shared
parking facility.
TABLE 4
Parking Occupancy Rates
(Percent of basic minimum needed during.time period)
Sat.&
Sat.-
Sat.
M -F
M -F
M -F
Sun.
&
&
Uses
8am-
6pm-
12am-
8am-
Sun.
Sun.
5pm
12am
Gam
5pm
6pm-
12am
5pm
-ham
Land Use Categories
Residential
60%
100%
100%
80%
100%
100%
Commercial'
90%
80%
5%
100%
70%
5%
Once
100%
20%
5%
5%
5%
5%
Public &
Institutional
100%
20%
5%
10%
10%
5%
Uses (non -
church
Public &
Institutional
10%
5%
5%
100%
50%
5%
Uses church
Manufacturing!
Industrial
100%
60%
40%
50%
30%
10%
Warehouse!
Wholesale
100%
20%
5%
5%
5%
5%
Recreation
40%
100%
10%
80%
100%
50%
Specific Commercial Uses
Hotel
70%
100%
100%
70%
100%
100%
Restaurant
70%
100%
10%
70%
100%
20%
Theater
40%
80%
10%
80%
100%
10%
Conference/
Convention
100%
100%
5%
100%
100%
5%
Source: Shared Parkins- Planning Guidelines, Institute of
Transportation Engineers.
'Some specific uses have different occupancy rates. Check under
'Specific Commercial Uses" with the rest of the table.
( Ord. 4567, 05-04-04)
172.06 Parking Lot Location Standards
The location of all required and nonrequired parking
lots with five (5) or more spaces shall meet the
location requirements below. All conditional uses
hereunder shall be granted by the Planning
Commission in accordance with Chapter 163,
governing applications of conditional uses;
procedures.
(A) Permitted locations by right. Parking lots shall be
located within the same zoning district as the use
they serve. Required parking lots for uses
allowed by right within a zoning district are
allowed as a use by right in the same zoning
district.
(B) Permitted locations as a conditional use.
(1) Parking lots located within residential zones
which serve uses in nonresidential zones
may be allowed as a conditional use by the
Planning Commission.
(2) Parking lots for uses allowed as conditional
uses within residential zones must also be
approved as a conditional use. A conditional
use for a parking lot may be approved at the
same time the use is approved or may be
approved separately if additional parking lots
are developed later.
The Planning Commission shall make a
finding based upon the size, scale, and
location of these activities that the proposed
parking lot will not adversely affect adjacent
residential uses or the residential character
of the neighborhood.
Cross reference(s)-Uses Conditions, Ch. 163.
(C) Off -site locations. If off-street parking cannot be
provided on the same lot as the principal use due
to existing buildings or the shape of the parcel,
parking lots may be located on other property not
more than 600 feet distant from the principal use,
subject to conditional use approval by the
Planning Commission.
(D) Intermittent parking. Uses which generate only
intermittent demand for parking, such as
churches, may count available on -street parking
within 600 feet of the building as part of required
parking, subject to the approval of the Planning
Commission.
72.�7R&drv&"dParking Lot
Landscaping Roguiromonts
CD172:9
TITLE XV. UNIFIED DEVELOPMENT CODE
,18�t_
p
OPTION 2
d by6lsland—..
CPnCN 3
. - .....
I. . .
- - -- - -- -
---...
-- --
- - -
iII:tui'JItuJ:ruwcwcuaiLti1:!
ii
- -- . ----
-
--
---
.
---- - - -
-
--- - -
--- -
172.08 Nonconforming Parking Lots
All parking lots and/or parking areas which were in
existence prior to the effective date of this ordinance
may continue in a nonconforming state until such time
as the following shall occur:
(A) Rehabilitation. A building permit is granted to
rehabilitate a structure on the property exceeding
50% of the current replacement cost of the
structure. At such time, 50% of the existing
parking lot use area shall be required to be
brought into compliance with the provisions of
this ordinance. This shall continue on a
graduated scale in accordance with the
percentage of rehabilitation cost; and/or
(B) Enlargement or reconstruction. A building permit
is granted to enlarge or reconstruct a structure on
the property exceeding 10% of its existing gross
floor area. At such time 10% of the existing
parking lot and/or parking lot area shall be
brought into compliance with the provisions of
this section. This shall be on a graduated scale
CD172:11
Fayetteville Code of Ordinances
until reaching 100% of the required landscaping;
and/or
(C) New curb cut. A new curb rut permit is granted
for the nonconforming parking lot. At such time
the parking lot and/or parking area shall be
required to be brought into compliance with the
provisions of this ordinance.
Cross reference(s)—Variances, Ch. 156.
(Code 1965, App. A., Art. 8(9); Ord. No. 1747, 6-29-70; Ord.
No. 2380, 9-20-77; Ord. No. 2549, 8-7-79; Code 1991,
§160.117; Ord. No. 3870, §4. 2-21-95: Ord. No. 3962, §§1,
2, 4-16-96; Ord. No. 4100, §2 (Ex. A). 6-16-98; Ord. No.
4127, §1 (Ex. A), 12-15-98; Ord. No. 4319, 6-5-01; Ord. No.
4412, (Ex. A), 9-3-02)
172.09 Off -Street Loading
In all districts, accessory off-street loading berths,
open or enclosed, shall be provided in conformity with
the requirements set forth in this section and shall be
so arranged so that parking and maneuvering will be
on private property.
(A) Number of off-street loading berths. The number
of off-street loading berths required for various
uses is set forth in the table below. The Planning
Commission may reduce these requirements
after receiving and reviewing a development plan
under the provisions of §§166.05 and 166.06.
(B) Location of off-street loading berths
(1) Same lot as use. Off-street loading berths
shall be located on the same lot as the use
for which they are provided.
(2) Setback or court space. Such berths may
occupy all or any part of any required
setback or court space, and no such berth
may be located closer than 50 feet to any
other property in an A or R district.
(3) Size. Each loading berth shall be at least 10
feet wide, 30 feet long and 14 feet high,
unless otherwise specified herein. Any
required off-street loading space shall be
surfaced with a durable and dustless surface
and shall be so arranged and marked as to
provide for orderly and safe unloading and
loading.
'See; Table
CD172:12
TITLE XV. UNIFIED DEVELOPMENT CODE
Additional floor area (sq. ft.) which necessitates
Floor area (sq. ft.)
Range of floor area
Type of Use °
up to which no
(sq. ft.) for which one
and additional berth
berths are required
(1) berth is required
From
To
Apartment houses, apartment
hotels, group housing, and
50,000
50,001
200,000
2()0,000
hospitals
Auditoriums
.40,000
40,001
100,000
100,000
Banks
40,000 .
40,001
100,000
100,000
Bowling alleys
25,000
25,001
100.000
100,000
Established handling sale and
consumption of alcoholic
beverages, food or refreshments
on the premises; retail stores
(individual or In groups); furniture
and appliance stores, motor
vehicle sales, wholesale
establishments, household
equipment or furniture repair
shops, or machinery sales:
Truck Berths:
10 ft. x 25 ft.
2,000
2,001
8,000
10 ft. x 25 ft. plus
8,001
25,000
10 ft. x 45 ft. plus
25,001
40,000
10 ft. x 45 ft. plus
40,001
100,000
10 ft. x 45 ft. plus
100,001
250,000
200.000
Hotels
40,000
400,001
150,001
150,000
Manufacturing and industrial
uses:
2,000
2,001
40,000
Plus
40,001
100,000
100,000
Mortuaries
8,000
8,001
100,000
100,000
Theaters
8,000
8,001
25,000
50,000
(a) In the case of a use not listed in the table, the requirements for the most similar use shall apply.
(b) One additional berth is required for the unit of additional floor area shown or major fraction thereof.
(Code 1991, §160.116: Ord. No. 4100, §2 (Ex. A). 6-16-98)
CD172:13
Fayetteville Code of Ordinances
172.10 Bicycle Parking Rack
Requirements
(A) When bicycle parking racks are required. All
proposed new construction requiring twenty-five
(25) off-street, automobile parking spaces or more
shall require bicycle parking. All proposed or
required expansions in automobile parking lots
shall also meet the requirements of this ordinance.
(B) Amount of bicycle parking racks required. The
following table shall be used to determine the
minimum number of bicycle parking racks to be
provided. (Note: each rack equals two bicycle
parking spaces).
Total bicyde
Equivalent total
Equivalent total
racks required
off-street
off-street
automobile
automobile
parking required
parking required
by code in a non-
by code in a
residential
residential
development
development
1
25-30
25-50
2
31-60
51-100
3
61-90
101-150
4
91-120
151-200
5
121-150
201-250
1 additional rack
Each additional
Each additional
er/
100 spaces
150 spaces
(C) Definition of a bicycle parking rack. Each bicycle
parking rack holds two bicycles. Each rack shall
be an inverted U -type rack (as per specifications).
space where on -street parking is permitted
unless approved by the City Engineer.
(5) Bicycle parking racks shall have a 15' 0"
clearance from the edge of fire hydrants.
(6) Bicycle parking racks should have a 4' 0"
clearance from existing street furniture,
including mailboxes and light poles.
(7) Bicycle parking rack location shall not interfere
with ADA standards.
(F) Variations in requirements.
(1) Reduction allowance. Up to 10% of required
automobile parking may be substituted with
bicycle parking at a rate of one additional
bicycle rack for one automobile space. This
reduction shall be allowed in addition to other
variances, reductions and shared parking
agreements. The 10% reduction allowance is
based on the total required parking before any
variances are applied.
(2) Shared bicycle parking. Any property owner
required to have bicycle parking may elect to
establish a shared bicycle parking facility with
any other property owner within the same
block to meet the combined requirements.
(G) Procedure for compliance.
(1) For projects requiring bicycle parking, the
bicycle parking shall be indicated on the site
plan that is submitted to the Planning Division
for approval. All site plans must be drawn to
scale.
(D) Spacing of racks. Each bicycle parking space shall
(2) Shared bicycle parking agreements that meet
have 2' 0" x 6' x 0" clear space, paved or unpaved,
the requirements of this ordinance shall be
beside the rack allowing each rack to potentially
automatically approved.
count as two spaces. The 2' 0" dimension may
overlap another bicycle parking space such that
(H) Specifications.
racks positioned in a parallel row may be 2' 6" on
center (See: Figure 1).
(1) Design. Each rack shall be an inverted U -type
rack designed with either extended legs for
(E) Position of bicycle parking racks,
embedment in concrete footing, or with steel
flange for bolting onto paved surface. The
(1) Bicycle parking racks should be located within
apex of the U shall be 2' 9" - 3' 0" above the
50 feet of a public entry.
ground. The legs of the U -shape shall be 1' 6"
on center.
(2) Bicycle parking facilities should have adequate
lighting for the operation of combination and
(a) With embedment. The rack legs shall
key locks at night and to minimize theft.
extend 9" into a concrete footing. Before
applying finish, the pipe shall be drilled 3
(3) Bicycle parking racks should be positioned so
inches above the base and fitted with a 6
that no pedestrian traffic is impeded.
inch long, 7/16 inch diameter steel cross
bar. This cross bar shall be welded into
(4) Bicycle parking racks should not be located
place, lies horizontally and acts as an
within bus stops, loading zones, or other curb
anchor.
C0172:14
TITLE XV. UNIFIED DEVELOPMENT CODE
(b) With flange mount. A pre -drilled, steel
flange, minimum 8 inch square, shall be
welded to the bottom of each leg before
final finish is applied. The flange shall
have a minimum of three bolt holes. Each
bolt hole shall accept a 1/2 inch diameter
steel bolt.
(2) Materials. Racks are to be constructed of 11/2
inch, Schedule 40 steel pipe (1.90" x 0.145"
wall). The pipe shall be bent in one piece (not
welded in sections).
(3) Finishes. Unless the pipe material is stainless
steel, the pipe shall have PVC coating,
powdercoat finish or hot -dipped galvanized
finish applied after the flange has been welded
in place (Surface Mount Method) or the
anchoring cross bar has been fitted in a drilled
hole (Embedment Method).
(4) Anchoring the rack. Paving is not required,
however, racks shall be securely anchored
through one of the two following methods:
(a) With embedment. The rack shall be
embedded in a minimum of 9 inch
diameter, 10 inch deep concrete footing.
(See: Illustration —Embedded Anchor
Mount)
(b) With flange mount. Racks shall be
anchored with 3 inch anchor bolts, V2 inch
in diameter. Mounting flange shall be a
minimum % inch plate. (See: Illustration —
Flanged Surface Mount).
Figure 1. Two racks spaced 2 feet 6 Inches on center and equaling 4 parking spaces.
tr4 }•I
CD172:15
Fayetteville Code of Ordinances
i
DRILL PIPE 3"
ABOVE BASE
6"'LONG, 71160
STEEL CROSS
BAR, WELDED
EMBEDDED ANCHOR MOUNT THRU HOLE
(Ord. No. 4293, 2-20-01)
172.11-172.99 Reserved
1'3" MIN,
8MIN, STEEL FLANGE
FLANGED SURFACE MOUNT
MM. 8" SQUARE
FLANGE
MN. (3) 1.7
STAINLESS STEEL
CONCRETE
ANCHOR BOLTS
CD172:16
TITLE XV .UNIFIED-DEVELOPMENT•.CODE
CHAPTER 177: LANDSCAPE REGULATIONS
177.01
PURPOSE........................................................................................................................................3
177.02
CITY OF FAYETTEVILLE TREE PRESERVATION, PROTECTION, AND LANDSCAPE
MANUAL..........................................................................................................................................3
177.03
LANDSCAPE PLAN REQUIREMENTS............................................:.............................................4
177.04
SITE DEVELOPMENT AND PARKING LOT STANDARDS.....sii;.............................................5
177.05
STREET TREE PLANTING STANDARDS ....` :...........................................8
........................€
prti
177.06
STORMWATER FACILITIES ........ ..................... r:................ .,:................................10
177.07
LANDSCAPING FOR EROSION CONTROL...:............................................:t:i :,.......................11
177.08
TIMING OF INSTALLATION ':: i �...
......................... ................... ................................ ................11
177.09-177.99
11
CD177:1
a
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 177: LANDSCAPE REGULATIONS
177.01 Purpose
(A) It is the purpose of this chapter to preserve and
protect the health, safety, and general welfare,
preserve and enhance the natural beauty of
Fayetteville, and create an attractive,
environmentally sound and healthy urban
landscape for the residents of the City of
Fayetteville to enjoy by providing for regulations
of the design, planting, establishment and
maintenance of spaces impacted by
developmental practices.
(B) The standards found within this chapter
accomplish these purposes with existing and new
vegetation by: "
(1) Promoting the beautification of the City of
Fayetteville and enhancing its aesthetic
quality; I
(2) Promoting ,reasonable conservation and
replenishment of valued tree canopy and
vegetation;
(3) Aiding in restoring ecological balance by
contributing to air purification, oxygen
regeneration, and ground water recharge;.
(4) Providing for vegetation to reduce storm
water runoff and the potential damage it may
create;
(5) Achieving a meaningful urban landscape
while permitting economically feasible urban
development to occur.;
.. \,. t.
(6) Creatin,_a_;healthy arenvironment for
Fayetteville:".residents, businesses, and
"
industries; '
(7)yModerating the harmful -effects Of sun, wind,
and temperature changes;;;
(8) Buffering.noise, air and visual pollution;
(9) Screening 4Jhc0mpatib1e. land uses and
enhancing .the appearance of parking lots in
i;J.,
all zoning dissrtrict%;a �:
(10) Promoting energy conservation; and
(11) Protecting and enhancing property values.
(C) Principles. This chapter shall be enforced
according to the following principles:
(1) Sufficient landscaping shall provide
beautification, soil stability and suitable
drainage. .
(2) Trees, shrubs, groundcover and grass shall
be the primary source'of landscaping and
shall be retained and/or placed in such a
manner as to reduce water runoff . and
provide for safe sight distances, at
intersections and points of access.
(3) The current property owner shall properly
maintain all landscaping and shall replace
any landscaping that dies or is damaged.
Landscaping that dies or is damaged shall
• be, r'e'moved and replaced by the current
owner'of the property. The owner shall have
sixty (60) loss ; from the receipt of written
notice issued 'bythe City of Fayetteville to
r.
remove and tireplace any required
landscaping that dies"oris damaged.
(4) Native. vegetation is preferred. Vegetation
requiring minimum watering is' also
preferred.
N(5)' -,Preservation is primary; therefore
landscaping shall make a concerted attempt
..
to ,incorporate existing on -site trees and
shrubbery.
(6) Providing outdoor spaces and places for
-people to gather is strongly encouraged.
(7) The City of Fayetteville's Landscape Manual
shall be used in support of this chapter to
explain specific objectives and principles and
to provide a resource for guidance in
implementing all landscape plans.
177.02 City Of Fayetteville Tree
Preservation, Protection, And Landscape
Manual
The Urban Forester, in cooperation with other
members of city staff, shall promulgate and
periodically revise forms, procedures and regulations
to implement this chapter and publish this information
in the City of Fayetteville Tree Preservation,
Protection, and Landscape Manual.
(A) Copies of the Tree Preservation, Protection, and
Landscape Manual are to be made readily
available to the public and shall include, but need
not be limited to:
(1) Specific criteria for gaining city approval of
landscape plans;
(2) The format and content of reports and plans
the applicant must submit to the city
pursuant to this chapter;
CD177:3
Fayetteville Code of Ordinances
(2) The location of property lines and the
(3) A glossary of important terms used in this
dimensions of the tract.
chapter,
(3) Site features:
(4) Size and species requirements for trees
a) Existing vegetation (See Tree
planted for parking lots, screening or to meet
Preservation & Protection Ordinance for
other necessary criteria; and
specific criteria.)
(5) Maintenance of trees (including but not
b) The approximate center line of all
limited to pruning, irrigation, and protection
existing water courses,
from disease).
c) The location and size of existing and
(B)
The Tree and Landscape Advisory Committee
proposed drive aisles, streets and
shall review and may recommend revisions to the
alleys, parking areas and other
Tree Preservation, Protection, and Landscape
improvements to the site.
Manual at least every three years to reflect
changes in arboricultural and horticultural
d) Existing and proposed utility easements
practices, lists of preferred tree species, city
and overhead utility lines on or adjacent
policies, or the content of this chapter.
to the lot.
(Ord.
No. 4340,10-2-01)
e) Existing and proposed sidewalks on or
adjacent to the lot.
177.03 Landscape Plan Requirements
f) Location of all existing and proposed
(A)
Applicability. The provisions of this section shall
points of access.
apply to proposed subdivisions, large scale
developments and other development as
g) Existing and proposed structures on the
indicated below required by the Unified
property.
Development Code to go through the city's
permitting process.
h) Existing topography and proposed
grading.
(1) Subdivisions and large scale developments.
Applicants seeking approval of proposed
(4) Proposed landscaping. The landscape .plan
subdivisions and large scale developments
shall indicate the number and species of all
shall submit a detailed landscape plan.
plants, the size of each species at the time of
planting, the spacing requirements for each
(2) Building permits. Landscape plan
plant, and the type of edging and mulch to
requirements shall apply to all permit
be used for the planting areas.
applications for nonresidential construction,
and the construction of multi -family
(5) The Planting Plan may be incorporated with
residential buildings composed of three or
the Site or Grading/Tree Preservation Plan.
more dwelling units.
(6) Planting details and/or specifications.
(3) Parking lots. Landscape plan requirements
Planting and installation details are to insure
shall apply to all permit applications for the
compliance with all required landscaping
construction of parking lots with five (5) or
standards.
more spaces.
a) All landscaping shall be planted within
areas that minimize maintenance and
(B)
General. The Landscape Plan required for
jeopardy of plant damage: this includes
subdivisions and large 'ale developments shall
such areas as tree lawns, tree islands,
be prepared and sealed by a registered
urban tree wells, foundation plantings
Landscape Architect. The Landscape Plan
and free-standing beds.
required for building permits and parking lots may
be prepared by a landscape designer.
b) Planting beds shall have amended soil
to insure the health of the plant
(C)
Submittal of plans. The following information
materials.
shall be included with a landscape plan submittal:
c) All new plantings shall be mulched in
(1) The date, scale, north arrow, project name,
accordance with the guidelines
name of Landscape Architect/designer and
established for landscape installation in
name of the owner/developer.
the Landscape Manual.
CD177:4
TITLE XV UNIFIED DEVELOPMENT CODE
d) Al! sod shall be removed within the
planting bed and mulch shall cover the
bare soil to ease maintenance.
e) Sod or organic mulch will be allowed in
tree lawns and tree islands if no other
plant material is included within these
areas.
f)
A planting bed
shall be contained
by
edging material
other than vegetation.
g) Planting details/specifications shall be
included on the landscape plan, in
accordance with the Landscape Manual.
(7) Size and type of plant material.
a) All plant material shall meet the
requirements established by the
American Standard for Nursery Stock.
b) Deciduous trees shall have a minimum
of two (2) inch caliper and evergreen
trees shall have a minimum height of
eight (8) feet at the time of installation,
unless otherwise approved by the,Urban
Forester. %Fs
c) Shrub size at the time of ;
be a minimum of three
containers with an expecb
three (3) feet or ioreAwwi
years of installation r wa
d) Plant speeiesfiristalled in v
areas are:to be approved t
Forester. '3s
an administrative determination, as permitted by
the Unified Development Code, with the following
results:
(1) Approve/Recommend the landscape plan as
complying with the requirements of this
chapter; or
(2) Approve/Recommend the landscape plan
with conditions which bring it into compliance
with the requirements of this chapter; or
(3) Reject .r., .landscape plan as failing to
comply}Wittiithe requirements of this chapter.
177
and Parking Lot
Applicability. A detailed4Iandscape plan •is
required to be submitted' fo4all development
when eithernew developmeritor,expansion of
25% of.Cthe existing building square footage
.-,,.
occurs and for all new or expanded parking lots
containing five (5) or more spaces. Landscape
plahW.shall be submitted with the application for
building ,permit or parking lot permit. Submittals
shall conform to the standards established within
two (2) 1IJ/ vcpc. a, /fI4unmcnw.
(1) Separation of landscaped areas and
Aar use _s vehicles. All landscaped. areas shall be
e Urban F ;t j protected from potential damage by vehicles
by placing concrete curbs or wheel barriers
adjacent to the landscaped area.
e) Acceptable speciesoffrees are listed
wi;hm,,, they City �f .fi Fayetteville's
f). Protective fencirigrshall be jpr6vided for
`,a, preserved trees "and,. other 'vegetation
., �..,
�,:::during construction; required by §167
Tree Preservation and'=P.rotectiori.
g) A description of the ttype of irrigation
system- cUsed 4for5 each required
landscape : t,t>,hall be included.
i) An automated irrigation system is
encouraged to ensure adequate
moisture to plant material.
ii) In landscaped areas without an
automated irrigation system, hose
bibs (water spigots) shall be
installed at a ratio of one for every
one hundred (100) feet.
(D) Plan Review. Upon receipt of the .landscape
plans, the Urban Forester shall make a
recommendation to .the Planning Commission or
(2) Vehicle overhangs. A portion of a standard
parking space may be landscaped instead of
paved to meet part of the landscaping
requirement. The landscaped area may be
• up to two feet of the front of the space as
measured from a line parallel to the direction
of the bumper of the vehicle using the space.
Landscaping may only be groundcover
plants in the overhang area.
(3) Maintenance. The current owner of the
property shall be responsible for the
maintenance of all required landscaping.
a) Irrigation system. Some method of
irrigation shall be required in landscaped
areas. An automated irrigation system
is encouraged to ensure adequate
moisture to plant material. In
landscaped areas without an automated
irrigation system the installation of hose
bibs (water spigots), installed one for
every 100 foot radius, will be required.
CD177:5
Fayetteville Code of Ordinances
b) Planting beds. All landscaping shall be
planted within areas designated as
planting beds. Planting beds shall have
amended soil to insure the health of the
plant materials. All sod shall be
removed within the planting bed and
mulch shall cover the bare soil to ease
maintenance. Sod will be allowed in
tree lawns and tree islands if no other
plant material is included within these
areas.
c) Replacement landscaping. Land-
scaping that dies or is damaged shall be
removed and replaced by the current
owner of the property. The owner shall
have 60 days from the receipt of written
notice issued by the city to remove and
replace any required landscaping that
dies or is damaged.
(C) Interior landscaping requirements.
(1) Amount of landscaping. Parking lots
containing ten (10) or more spaces shall be
landscaped with one of the following "$lf" "
a) Option 1. Narrow tree lawn.
A
continuous landscape strip between
rows of parking. The minimum width -4f
a tree lawn shall beeight (8); the ,
minimum area shall ibe''3D0`square feet.... One tree evety12 parkingspaces or
one tree -evety thirty linear feet,
whicheverep oxides more caiipy, shall
be planted V ithhis option*Trees may
be grouped or-spaced:.wlti'khelwn.
area.
.., s:-•ar ,—
OPTION 1
b) Option 2. FCee island. The minimum
width of a tree island shall be eight feet
(8'); the minimum area shall be 150
square feet. One tree shall be planted
for every 12 parking spaces with this
option, with a maximum run of 12
parking spaces permitted without a tree
island.
(2) Placemen,`t6f'trees. Interior trees shall be
placedgon''•either side of points of access
(enttance4 drives, exit drives) within tree
isl'and's, as indicated in the Landscape
Manual.
ay' Tree planting. ?Alf trees planted to meet
athese requirements t%hall be deciduous
shade trees. Species•'; selection shall be
chosen from the approved list of trees found
in tthhesappendices of the City of Fayetteville
Landscape Manual. Alternate tree species
^r°• • `selections may be approved by the Urban
ttbrester.
(4) Calculation of area. Required perimeter
lariil'scaping may not be substituted for
interiP'ilandscaping. However, it is
rrecognized that interior landscaping may join
per landscaping. In such cases,
landscaping which extends four (4) feet or
more into the parking area may be included
in the calculation of interior landscaped area.
(5) Exceptions. All parking lots used solely for
the purpose of providing areas for the
display and storage of motor vehicles for
sale, lease, and rental shall be exempt from
the interior landscaping requirements.
(D) Perimeter landscaping requirement. Proposed
development shall be landscaped meeting the
following requirements:
(1) Side and rear property lines. All parking lots
shall have five feet (5') of landscaped area
between the property line and parking lot.
The two foot (2') vehicle overhang option
may be included to meet this requirement.
Depending on •the use and location,
additional landscaped area and screening
may be required along property lines.
(2) Property lines adjoining street right-of-way.
a) Landscape area required. A fifteen (15)
foot wide landscaped area shall be
provided along the front property line
exclusive of and adjacent to the Master
Street Plan right-of-way. Points of
CD177:6
TITLE XV UNIFIED DEVELOPMENT CODE
access (entrance drives, exit drives) and
sidewalks are allowed to cross the
(3) Tree Planting.
fifteen (15) foot landscaped area
a) Large species trees shall be planted in
provided the integrity of the landscaped
the required fifteen (15) foot landscaped
area is maintained,
area containing one (1) tree per thirty
(30) linear feet along the front property
b) Design Overlay District. Within the
line. Trees along the perimeter may be
established boundary of the Design
grouped to allow flexibility in design.
Overlay District, a twenty-five (25) foot
The maximum allowed grouping may be
wide landscaped area shall be provided
up to twenty-five (25%) percent of the
along the front property line exclusive of
required number of street trees.
the Master Street Plan right-of-way
. p ^4
(§161.24). Points of access (entrance
b) Species. selection shall be chosen from
drives, exit drives) and sidewalks are
the'`; -approved list of trees for
allowed to cross the twenty-five (25) foot
found in the appendices of
landscaped area provided the integrity
A,laiidscaping
" 1he .,City of Fayetteville Landscape
of the landscaped area is maintained.
n Manual.,„ Alternate tree species
c) Residential zones. Except for permitted
entrance drives, every development
shall be landscaped for an equal and
uniform width of 15 feet parallel to the
front property line(s) street right-of-way.
Single family residential uses shall be
exempt from this requirement.
d) Nonresidential zones. Except;• for
permitted entrance drives, '..every
development shall be landscaped for.an--
equal and uniform width of 15 feet
parallel to the front property line(s)
street right-of-way.-' Properties' .
developed with.an„urban,streetscape,
utilizing urban tree wells as', defined '
herein, shall be exempt from this
requirem6nt.c %
) ,Shade. All tree planting locations shall
attempt to achieve shade for parking-:
,('lots, cars, benches, pedestrian -r
r'" <walkways, etc., by utilizing aspect and
a';.. 'locating trees along the south and.west
boundary of these areas; \'
f) k- . Screening. Parking'aots containing five
more spacesfshall be screened
from the public t-rightof-way and
adjacent: properties, where said parking
areas are adjacent to residential zones,
with shrubs *and/or graded berms. If
graded berns'are-used, shrubs are also
required.
g) Perimeter planting location. All plantings
noted herein shall be installed within the
required landscape area. Subject to
approval by the Urban Forester,
required trees and shrubs may be
planted within the right-of-way or outside
the required landscape area parallel to
the street right-of-way only in
extenuating circumstances.
selections,, may be approved by the
-r-' Urban Forester: No more than 25% of
trees planteda to meet perimeter
landscaping requirements may be
evergreen.
c) Planted trees shall have a two (2) inch
'`t.'c`aliper (diameter) measured six (6)
' inches above ground level at the time of
.s. planting.
d) i, At.the request of the developer, the
^.. Urban Forester may specific
exempt
} areas from required tree planting where
the terrain, existing trees or other
,• t physical limitations make the planting of
new trees impracticable. In cases of
existing overhead power lines, small
trees shall be planted that will not
interfere with the existing power lines.
Species selection shall be approved by
the Urban Forester.
(4) Shrub Planting.
a) Parking lots adjacent to a street right-of-
way shall have shrubs planted in
continuous rows. A minimum of eight (8)
shrubs shall be planted for every tree
required in the landscape area adjacent
to a right-of-way. The requirement for a
continuous planting of shrubs is
intended to lessen the effect of
extensive paving. Groupings of shrubs
are encouraged; however, a continuous
planting will be required as well. A
minimum 50% of shrubs shall be
evergreen.
b) Planting locations of required shrubs
shall be appropriately spaced between
trees in either groups or continuous
rows.
c)
Shrub
size at the
time of planting shall
be a
minimum
of three (3) gallon
CD177:7
Fayetteville Code of Ordinances
containers with an expected height of
c)
Plans shall identify the size and quality
three (3) feet or more within two (2)
of trees which must meet or exceed the
years of installation,
standards adopted in the Landscape
Manual.
(5) Ground Cover Planting. All landscape areas
shall be re -vegetated with appropriate
d)
Indicate the location of all points of
perennial groundcover. Prior to certificate of
access (driveways, sidewalks and public
occupancy, all bare soil shall be adequately
& private Utilities) within the proposed
covered in accordance with the Unified
development. The developer shall
Development Code.
ensure that driveways, sidewalks,
utilities, etc. will not endanger the
177.05 Street Tree Planting Standards
livelihoosof the ;proposed trees, and
sha ll.planf'accord ingly.
(A) Applicability. All new developments that create
or develop along a public or private street shall
e)
to q,kMaintenance Agreement and
be required to establish street trees in
tLaridsd'a ,.P a Establishment Guarantee
accordance with the standards and procedures
.?'shall be"destablished. All plans shall
provided for in this section and the adopted
include f8, binding three (3) year
policies of the Landscape Manual and
. = R
maintenance.and monitoring plan, which
Fayetteville's Tree Ordinance.
•r .shall
hold the"ele`veloper responsible for
the health of all planted trees.
(1) All Street Tree Planting Plans shall follow the
--; .
submittal criteria set forth in Ch. 177.03
0
;Approval of a Maintenance Agreement
Landscape Plan Requirements,
nand Landscape Establishment
Guarantee shall be contingent upon the
(2) Street Tree Planting Requirements ..
Developer depositing with the City of
a) Plans shall indicate the spacing ditrees
-
Fayetteville one of the following:
along all newly created public land
=currency, bond, irrevocable letter of
private streets within the development
'
:creditor other surety. The amount shall
site. At the request of the developer,'
tie -'equal to theestimatedcost of
the Urban Forester may exempt specific
materials and labor for all trees at the
areas from re uire J itfee ptentin where .
q 9
' '
time of planting. The bond, irrevocable
stung tree e -
the terrain or ie)d Ing trees make the
t`etter of credit or other surety must cover
planting ofnew ' trees impracticable.
the entire three (3) year maintenance
Examples�nlude, but are noHlimited to:
and monitoring period. The developer
shall submit cost estimates to the Urban
i) Where the finish grade slope'.in the
Forester for approval.
planting area beeert :ihe 'top +badk
of 'the street curb:and the property
g)
Upon completion of the three (3) year
fine is Fin •excess' Df thirty (30%)
landscape establishment period, the
percent.
Urban Forester shall inspect the site and
• - • '
determine whether ninety. (90%) percent
ii) Where bedrockhis encountered with
of the trees are healthy have a
in thirty (30) inct & of finish grade in
of survivand
reasonable chance in9 to
the planting area between the top
maturity. Upon such a finding, the City
back of the curb and the property
of Fayetteville shall release the
line. t
currency, bond or letter of credit.
.
ii) Whereexisting(h althy trees that are
h)
In the absence of such a finding, the
shown%lobe"preserved within the
developer shall be notified to replace
right -of -w y"' are in such close
any unhealthy or dead trees, or take
proximity they would prevent a new
other appropriate action as approved by
tree from establishing a full canopy
the Urban Forester. If the developer
when mature.
does not take remedial steps to bring
the property into compliance, the City of
b) Plans shall identify the species of trees
Fayetteville shall use the necessary
to be planted, which must be selected
monies from the Landscape
from the Landscape Manual or
Establishment Guarantee to do so.
otherwise approved by the Urban
Forester. Street trees shall be large
i)
In the event trees are injured or
canopy trees.
destroyed bynatural disasters, including
but not limited to, tornadoes, straight-
CD177:8
TITLE XV UNIFIED DEVELOPMENT CODE
line winds, ice storms, fire, floods, hail or
lightning strikes, or through the
independent actions of their parties, the
developer shall be relieved of the
responsibility of replanting the tree or
trees so affected.
j) Contain such other information as may
be required to reflect how the plan
addresses the remaining policies within
the Landscape Manual.
(3) Street tree plantings that are above and
beyond the requirements as established
herein may count as on -site Tree Mitigation,
with approval of the Urban Forester.
(4) Timing of planting. The Urban Forester shall
recommend to the Planning Commission the
option that will potentially result in
accomplishing the most objectives of this
chapter.
a) Street Tree Planting with infrastructure
(subdivisions only). The developer may
choose to provide a landscape plan that
conforms to the regulations herein, with
all landscaping along streets to be
installed prior to final plat approval, and
acceptance of public improvements
associated with the development. If
planted prior to final,,.plat'approval, the,
developer shall provide proper measures
to ensure the,lohgevity of health of all
planted treeduring development of
individual lots :or
b) Street Tree Planting with:; development-
(subdivisions only); ;The developer 'may
choosetto:proyida a°landscape plan that
conforms to She regulations herein only to
the extent that futiire development on lots
created by the '-subdivision .•shall be
-a;'s.,responsible for individual landscape
plans as each lot develops.
c) Stieefa,Tree Planting;-iivith 'concurrent
develdprnent. Where, development
approval . is requested (large scale,
building p9i'mit;rparking lot permit, etc),
the developer;"shall provide a detailed
landscape plan" that conforms to the
regulation established by this chapter.
d) Street Tree Planting Plans shall be
submitted with the plans submitted for
development or subdivision approval by
the Planning Commission, in accordance
with the options listed herein.
e) A written description of the method(s)
and time frame the project will utilize to
track development of each individual lot
shall be submitted by the developer to
ensure the required street trees are
planted and their longevity of health
assured.
(B) Street Tree Planting Plan Requirements for
Proposed Residential and Non -Residential
Subdivisions.
(1) Residential Subdivisions. Submittals for all
proposed ;residential subdivisions shall
include a.street'tree planting plan at the time
of final,olatysdbmittal.
a):=!A.tninimum of one (1) two-inch caliper,
large 'species tree, per lot shall be
planted.
b) Street trees stialLbe planted within or
along the right-of-way where possible
between the sidewalk and the curb.
Location shall be approved by the Urban
Forester. Refer to the Landscape
`';S: Manual for spacing requirements.
(2)..Non-Residential Subdivisions. Submittals for
all; .proposed non-residential subdivisions
shall include a street tree planting plan at the
time of;final plat submittal, or in accordance
C., ,with the1option approved for Timing of
,;Planting as required by this chapter.
a) A minimum of one (1) two-inch caliper,
large species tree per 30 linear feet of
frontage shall be planted.
b) Street trees shall be planted within the
required landscape area. Location shall
be approved by the Urban Forester.
Refer to the Landscape Manual for
spacing requirements.
(3) Street Tree Planting Plan Requirements for
Urban Streetscapes. Submittals for all
proposed developments that incorporate an
urban streetscape, in which wide (ten feet or
greater) pedestrian sidewalks are adjacent to
the curb and building replace those
development patterns mentioned above,
shall include a street tree planting plan at the
time of development submittal.
a) A minimum of one (1) two-inch caliper,
large species tree per 30 linear feet of
street frontage , or every 10 parking
spaces, whichever provides the most
trees, shall be planted with this option.
b) Location of trees shall be approved by
the Urban Forester to ensure adequate
spacing, access and visibility is
CD177:9
Fayetteville Code of Ordinances
maintained. To meet this goal for the
the rates specified by the suppliers. If plant
public health, safety and welfare, the
establishment cannot be achieved with
spacing of trees may be varied with
seeding by the time of substantial completion
approval of the Urban Forester,
of the stormwater facility portion of the
project, the contractor shall plant the area
c)
Trees shall be planted within urban tree
with wildflower sod, plus, container plants or
wells. The minimum width of an urban
some other means to complete the specified
tree well shall be four feet (4'); the
plantings and 'protect against erosion as
minimum area shall be 16 square feet.
approved by the Urban Forester.
This option is only permitted to allow
trees planted within wide sidewalks, in a
(4) Plantings shall not impede the primary
downtown/urban fashion,
function of the stormwater facility, as
identified in the Unified Development Code.
d)
Tree wells shall be covered with either a
Should plantings be proposed that call into
tree grate or some form of permeable
question the ability of the stormwater facility
pavers, (brick or stone), to be approved
to ^operate ito the satisfaction of the City
by the Urban Forester.
Engineer, the developer shall provide
sufficient information (calculations, etc.) for
e)
Structural soil or similar treatment shall
review, at the timetof submittal.
be utilized with this option (see
Landscape Manual for specifications).
(C) Detention Ponds. These are stormwater facilities
that do not have standing water for more than a
f)
Street tree planting plans utilizing this
few hours per storm event. Vegetation helps
option shall follow the construction
improve infiltration functions, protects from rain
procedures and details as outlined in the
and 'wind erosion and enhances aesthetic
Landscape Manual.
conditions.
177.06 Stormwater Facilities
(A) Applicability. All development required to install
dry surface stormwater facilities (detention
ponds) shall conform to the requirements herein.
A landscape plan shall be submitted and
approved prior to issuance of a permit or at the
time of final plat (whichever is applicable). All
required plantings shall be installed prior to
issuance of a Certificate of Occupancy or filing of
a final plat (whichever !is applicable).
Development that utilizes retention, underground
or parking lot detdr[tion, or alternative stormwater
management measures as approved by the
Urban Forester and City Engineer shall not be
required to meet the requirements of this chapter.
(B) General Requirements. It is critical that selected
plant materials are appropriate'for soil, hydrologic
and other existing site conditions.
(1) All plants within required stormwater facility
areas shall be Pappropriate species selected
from the Landscape' Manual or approved by
the Urban Forester.
(2) The design for plantings shall minimize the
need for herbicides, fertilizers, pesticides or
soil amendments at any time before, during
and after construction and for a long-term
basis.
(3) Plantings should be designed to minimize
the need for mowing, pruning and irrigation.
Grass or wildflower seed shall be applied at
(1) The Stormwater Facility area is defined to be
equivalent to the area of the 'detention basin,
including the bottom and the side slopes,
iplus .a ten (10) foot buffer around the
detention basin.
(2) The developer shall install minimum plant
material quantities per 3000 square feet of
the stormwater facility area as follows:
a) One (1) evergreen or deciduous tree:
i) Evergreen trees: Minimum height of
six (6) feet.
ii) Deciduous trees: Minimum caliper of
one and a half (1%) inch at six '(6)
inches above the base.
b) Four (4) large shrubsismall trees, three
(3) gallon containers or equivalent.
c) Six (6) shrubs/large grass -like plants,
one (1) gallon containers or equivalent.
d) Ground cover plants, one (1) per twelve
(12) inches on center with triangular
spacing, unless seed or sod is specified
and installed.
e) At least fifty (50%) percent of the facility
shall be planted with grasses or grass-
like plants, or as otherwise required by
the Unified Development Code.
CD177:10
TITLE XV UNIFIED DEVELOPMENT CODE
f) Wildflowers, native grasses and ground more shall also required long lived vegetative
covers shall be designed to require cover.,
mowing no more than twice annually.
(3) Trees planted within stormwater facilities
may be utilized to meet on -site Tree
Mitigation requirements, subject to approval
by the Urban Forester.
177.07 Landscaping for Erosion Control
(A) Applicability. Those developments requiring a
grading permit shall conform to the following
requirements.
(B) General Requirements. Erosion control
measures shall be installed as soon as practical
and prior to the final approval. Prior to vegetation
controls, all other appropriate erosion control
strategies should be in place.
(1) The faces of cut and fill slopes which
measure five (5) feet or greater in vertical
height shall be treated and maintained to
control against erosion for the protection. of
the public health, safety and welfare.
(2) Landscape materials on graded slopes shall
be designed to be compatible with adjacent
natural vegetation and shall: be suitable for
the climatic, soil; .. and :, ecological.
characteristics of the area. Non-invasive,
drought tolerant /materials shall be; "selected
as approved - by the Landscape
Administrator.
(C) Temporary
p ry Seeding. Temporary' Seeding is:;
requiredwliere'`eSiposed soils; are not to be fine
graded :for periods of twenty (20) days or more.
Such •;areas include 'denudeU?,:areas, soil
stockpiles, dikes, sides .of sediment basins,
temporary roadbanks and parking areas,, storage
areas, etc.
(1) Seeds shall be evenly applied.
(2) Mulching shall be used. to reduce water
runoff, windblow,:, and. increase moisture
conditions of seedlings.
(3) Re -seeding is required in areas which fail to
establish vegetation — after investigating and
remediation of such failure.
(D) Permanent Seeding. Permanent seeding is
required where disturbed areas will be permanent
and where long lived vegetative cover is needed
to stabilize soils. Rough graded areas which will
not be brought to final grade for one (1) year or
(1) In order to establish a good stand of
vegetation, seedbeds shall consist of
appropriate soil texture, structure, moisture,
nutrient content, depth and internal drainage.
(2) Seeds shall be evenly applied.
(3) Mulching shall be used to reduce water
runoff, windblow and increase moisture
conditions of:seedlings.
(4) Re -seeding, is required in areas which fail to
establisli'vegetation — after investigating and
remediation ofsuch failure.
(E).Sodding. Grass sod :shall be installed where
disturbed areas require':, immediate vegetative
covers or where sod is preferred to other forms of
grass establishment.
(F) Vegetative ' Streambank Stabilization. Re -
vegetation shall be required where banks in
creeks, streams and rivers, subject to erosion
from excess runoff, have been eroded from land
disturbance due to the development.
(5) Revegetation shall be consistent with all
other required erosion control measures.
(6) Landscape materials shall be designed to be
compatible with adjacent natural vegetation
and shall be suitable for the climatic, soil and
ecological characteristics of the area.
177.08 Timing of Installation
Required landscaping shall be installed prior to the
issuance of a final Certificate of Occupancy or filing of
the Final Plat, whichever development procedure is
most applicable. A 90 -day temporary certificate of
occupancy may be issued or a final plat may be filed
once the owner deposits, with the city, U.S. currency
or an irrevocable letter of credit in an amount equal to
150% of the estimated cost of the uninstalled plant
material. The letter of credit must be from a bank or
banking institution doing business within the State of
Arkansas which is a member of the Federal Deposit
Insurance Corporation.
177.09-177.99 Reserved
CD177:11
d,,
From: Clarice Pearman
To: Pate, Jeremy
Date: 9.7.06 3:49PM
Subject: Re: RZN 06-2172 Dunnerstock Exhibits
Thanks for the exhibits. What I really need now is the Exhibit B for ANX 06-2225 and Exhibits A -F for the
ordinance adding Chapter 177: Landscape Regulations.
Thanks.
>>> Jeremy Pate 9.6.06 6:22:45 PM >>>
Clarice,
Please find the attached exhibits for this ordinance.
Thanks,
Jeremy
From: Jeremy Pate
To: Pearman, Clarice
Date: 9.8.06 11:15AM
Subject: Further Exhibits
Clarice,
I've attached the Exhibits A -F for the Ch 177 regulations, along with the Exhibit B for ANX 06-2225. Cindy
may have already sent the second one over. Please let me know if you need anything further.
Thanks,
Jeremy
>>> Clarice Pearman 9/7/2006 3:49 PM >>>
Thanks for the exhibits. What I really need now is the Exhibit B for ANX 06-2225 and Exhibits A -F for the
ordinance adding Chapter 177: Landscape Regulations.
Thanks.
>>> Jeremy Pate 9.6.06 6:22:45 PM >>>
Clarice,
Please find the attached exhibits for this ordinance.
Thanks,
Jeremy
IJORmwEST ARKANSAS EDITION
Benton County Daily Record
P. O. BOX 1607
FAYETTEVILLE, AR 72702
PHONE: 479-571-6415
AFFIDAVIT OF PUBLICATION
I, Karen Caler, do solemnly swear that I am Legal Clerk of the Arkansas
Democrat Gazette newspaper. Printed and published in Benton County
Arkansas, (Lowell) and that from my own personal knowledge and
reference to the files of said publication, the advertisement of:
Ordinance 4917
Was inserted in the Regular Editions:
September 19, 2006
Publication Charge: $1885.59
Subscribed and worn to before me
This/Q day of Y 2006.
Notary Public e ��
Sharlene D. Williams
My Commission Expires: Notary Public
State of Arkansas
My Commission Expires
October 18, 2014
RECEIVED
SEP 222006
CITY OF FAYETTEVILLE
CITY CLERK'S OFFICE
Tuesday, September 19, 2006 NORTHWEST ARIL NSAS TIMss
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EXHIBIT "A"
To be inserted in Chapter 151 Definitions:
§151.01 Definitions.
Aspect. (Landscape Regulations) The angle of exposure from sunlight as it relates to
the slope of the earth, primarily south and west in this region.
Stormzoater F'acilihj. (Landscape Regulations) A facility designed to meet the
requirements for stormwater management. For the purposes of this section, stormwater
facilities refer primarily to detention ponds.
Urban Forester. (Tree Preservation and Protection, Landscape Regulations) The
person who is responsible for the administration of Tree Preservation and Protection,
Chapter 167 and Landscape Regulations, Chapter 177. Also known as Landscape
Administrator.
To be removed and replaced in Chapter 151 Definitions:
Caliper. (Landscape Regulations) A measurement of general tree size taken at a
point located six inches above natural ground or root ball surface.
Landscape administrator. (Tree Preservation and Protection) The person who is
responsible for the administration of Tree Preservation and Protection, Chapter 167 and
Landscape Regulations, Chapter 177. Also known as Urban Forester.
EXHIBIT "B"
To be inserted in Chapter 152 Administration:
§152.01 Administrators Designated.
U) Outdoor Lighting: Zoning and Development Administrator.
(K) Landscape Regulations: Urban Forester (Landscape Administrator)
EXHIBIT "C"
To be inserted in Chapter 156 Variances:
§156.07 Landscape Regulations.
(A)The Planning Commission shall have the authority to grant a variance from the
landscaping requirements prescribed by §177.
(B) Findings. The Planning Commission shall make the following findings:
(1) Minimum variance. That the reasons set forth in the application justify the
granting of the variance, and that the variance is the minimum variance that
will make possible the reasonable use of the land, building, or structure.
(2) Harmony with general purpose. The Planning Commission shall further make a
finding that the granting of the variance will be in harmony with the general
purpose and intent of the Landscape Regulations, §177, and will not be
injurious to the neighborhood, or otherwise detrimental to the public welfare.
(3) Conditions and safeguards. In granting any variance, the Planning Commission
may prescribe appropriate conditions and safeguards to ensure compliance or
to protect adjacent property.
(4) Undue Hardship. If the provisions of the standards within Landscape
Regulations, §177, are shown by the developer to cause undue hardship as
they apply to his proposed development, the Planning Commission may
grant a variance to the developer from such provisions, so that substantial
justice may be done and the public interest secured; provided that the
variation will not have the effect of nullifying the intent and purpose of
development regulations.
EXHIBIT "D"
To be removed from Chapter 166 Development:
§166.10 Buffer Strips and Screening
This Chapter subsection is being removed in its entirety.
§166.14 Commercial Design and Development Standards
This Chapter subsection is being re -adopted in its entirety.
166.14 Commercial Design And Development Standards
(A) Purposes.
(1) To protect and enhance Fayetteville's appearance, identity, and natural and
economic vitality.
(2) To address environmental concerns which include, but are not limited to, soil
erosion, vegetation preservation, and drainage.
(3) To protect and preserve the scenic resources distributed throughout the city
which have contributed greatly to its economic development, by attracting
tourists, permanent part-time residents, new industries, and cultural facilities.
(4) To preserve the quality of life and integrate the different zones and uses in a
compatible manner.
(5) To address the issues of traffic, safety, and crime prevention.
(6) To preserve property values of surrounding property.
(7) To provide good civic design and arrangement.
(B) Applicability. The standards set forth herein shall apply in the following zoning
districts, except as noted:
(1) R -O, Residential Office;
(2) C-1, Neighborhood Commercial
(3) C-2, Thoroughfare Commercial;
(4) C-3, Central Commercial;
(5) C-4, Downtown;
(6) I-1, Heavy Commercial and Light Industrial;
(7) I-2, General Industrial;
(8) P-1, Institutional;
(9) E-1, Extraction;
(10) PZD, Planned Zoning District when commercial, office, institutional and
industrial uses are planned.
(11) Any other zoning district when commercial, office, institutional, and industrial
uses are allowed as a conditional use.
(C) Site development standards and Design elements for commercial structures. The following
site development standards and design element guidelines for commercial
structures shall apply when either new development or expansion of 25% of the
existing building square footage occurs.
(1) The elements to avoid or minimize include:
(a) Unpainted concrete precision block walls;
(b) Square "boxlike" structures;
(c) Metal siding which dominates the main facade;
(d) Large blank, unarticulated wall surfaces;
(e) Large out of scale signs with flashy colors.
(2) Construction and appearance design standards for commercial structures.
(a) A commercial structure or development shall be designed to avoid or
minimize the elements set forth in (1)(a) - (d) above.
(b) A commercial development which contains more than one building should
incorporate a recurring, unifying, and identifiable theme for the entire
development site.
(c) A development should provide compatibility and transition between
adjoining developments.
Design Element Guidelines, Commercial
Sign out of scale Large box
with buildin structure
Metal siding
dominating
Large blank, unarticulated main facade
wall surface
(3) Site coverage. A maximum of 85% of the development site may be covered by the
ground floor of any structure, parking lots, sidewalks, and private streets and
drives or any other impermeable surface. Zoning districts C-3, C-4, and the
Design Overlay District are exempt from this requirement.
(4) Driveways. Shared drives and cross access between properties shall be
encouraged to developed and undeveloped properties.
(5) Setback reduction. Required building setbacks may be reduced in accordance with
the following table where vegetation having a minimum height of one foot six
inches at the time of planting and occupying 10% of the open area is installed
and no off-street parking is provided in the remaining front setback. One-way
drive aisles may be permitted within the setback.
(6) Maintenance of vegetation. Vegetation, under the provisions of this section, shall
be continuously maintained to conform to the requirements of this section.
(7) Fences. The following types, height, and location of fences shall be prohibited:
(a) Razor and/or barbed wire. Razor and/or barbed wire fences are prohibited if
visible from the street right-of-way or a residence, unless and except barbed
wire fences are used for agricultural purposes.
C-1, C-2, and I-1
zones
From
feet
50
feet
to
25
R -O zone
From
feet
30
feet
to
25
I-2 zone
From
feet
100
feet
to
50
(b) Chain link. Chain link fence is prohibited if closer to the street than the front
of the building in zoning districts C-1, C-2, C-3, C-4, and R -O. Residential
uses are exempt from this requirement.
(c) Height of fences in front buildings. Fences located in front of the primary
structure may be solid up to 30 inches in height. Any part of a fence which
exceeds 30 inches in height shall not obstruct the view of the primary
structure from the right-of-way.
(D)Buffer Strips and screening. When review of a development requires the construction
and maintenance of a buffer strip, fence, or screen wall as a condition for initiating
and subsequently continuing any use, such buffer strip, fence, or screen wall shall be
constructed and maintained on the zoning lot containing or proposed to contain
such use, in accordance with provisions of this chapter. The purpose of the buffer
strip shall be to provide separation and enclosure of uses; the purpose of the fence to
enclose uses; the purpose of the screening wall to conceal uses.
(1) Landscaped area. The buffer strip landscaped area shall consist of a strip of land at
least 12 feet wide which shall be adequately landscaped with approval of the
Urban Forester, entirely on the zoning lot which is required to provide the buffer
strip, and so located as to serve as an effective buffer between the use required to
provide the buffer strip and other property for whose protection the buffer strip
is required. The buffer strip shall extend along the full length of the boundary
separating the zoning lot from such other property, or from the street, as the case
may be.
(2) Fence required. Required fences shall be of a wood or chain link type (barbed wire
not permitted) not less than six (6) feet high, constructed of good, substantial
material, of first-class workmanship, and so erected as to resist wind pressure,
ensure public safety, and present a neat, attractive uniform appearance.
(3) Screen required. Screening shall mean a view obscuring fence, view obscuring
berm, view obscuring architectural treatment, or view obscuring vegetation, or
combination thereof, of sufficient height to prevent the view of the screened
items from vehicular and pedestrian traffic on adjacent streets, and from
residential property. Vegetation shall be planted at a density sufficient to
become view obscuring within two years from the date of planting.
(4) Mechanical and utility equipment and trash enclosures shall be screened if
visible from the highway/street right-of-way or from residential property as set
forth below:
(a) Mechanical and utility
equipment. All mechanical and utility
equipment located
on the
wall and/or
on the ground shall be screened.
All roof mounted
utilities
and mechanical equipment shall be screened
by incorporating
screening into the structure utilizing materials compatible with the
supporting building. Mechanical and utility equipment over 30 inches in
height: shall meet building setbacks.
(b) Trash enclosures. Trash enclosures shall be screened with materials that are
compatible with and complementary to the principal structure, with access
not visible from the street.
(5) Outdoor storage of material and equipment shall be screened if visible from the
highway/street right-of-way or from residential property as set forth below:
(a) At the expense of the owner or lessee of the property, and in all zones, the
following uses shall be completely surrounded by a view obscuring fence or
by view obscuring vegetation, or a combination of the two, of sufficient
height to prevent the view of the premises from vehicular and pedestrian
traffic on adjacent streets: outdoor storage yards, including but not limited
to, auto salvage yards, scrap metal yards, used furniture yard and garbage
dumps.
(b) Where vegetation is used to meet the requirements of this subsection, the
vegetation shall be planted at a density sufficient to become view obscuring
within two years from the date of planting. If vegetation planted under this
subsection does not become view -obscuring within two years, a view -
obscuring fence shall be installed.
(c) Exceptions: The outdoor display of materials or equipment solely for sale or
lease, such as automobiles, seasonal garden supplies, etc. shall not be
required to be screened as set forth in subsection (a) above.
(6) Non-residential adjacent to residential zones. A view -obscuring fence or view -
obscuring vegetation, or a combination of the two, shall be required between
residential uses and all nonresidential uses (including access drives and parking
lots for five (5) or more cars accessory to any use).
(7) Mini -storage. At the expense of the owner of the property, all storage units and
storage yards for mini -storage created under Use Unit 38 shall be required to be
screened by view obscuring vegetation when the storage yards or the storage
units have common property lines with any residential use or zone and when
they have frontage on any public street. Vegetation used for screening purposes
shall be planted at a density sufficient to become view obscuring within two
years from the date of planting and it shall be the responsibility of the property
owner to maintain the screening throughout the life of the use of the property as
mini -storage.
(E) Design review.
(1) Submittals. The following drawings, information, and plans shall be submitted to
the Planning Commission for design review and approval with large scale
development applications, when applicable; or, submitted to the Planning
Division for design review and approval with, or prior to, building permit
applications for non -large scale development.
(a) Elevations. Rendered elevation drawing of all facades showing adjoining
context and a description of external building materials.
(b) Materials sample. A sample of exterior materials to be used for the proposed
structure that indicates texture, color and type of materials.
(c) Landscaping. Proposed landscaping to be used as screening shall be shown on
the tree preservation plan and landscape plan.
(2) Build out. Upon approval of a large scale development, or issuance of a building
permit, build -out of the project shall conform to the drawings, information, and
plans approved.
(a) Amendments. Amendments to the drawings, information, and plans shall be
submitted to the planning division. Amendments which are determined to
be insignificant or minor may be approved by the Planning Division.
Significant amendment shall be approved by the Planning Commission when
approval was given through the large scale development process, or by the
planning division when approval was given through the building permit
process.
(b) Review. Amendments shall be considered using the same standards as the
initial design approval.
(c) Noncompliance. Failure to build -out the project according to the approved
drawings, information, and plans, or approved amendments thereto, shall
render the large scale development approval, or the building permit approval
void.
(F) Variances. (See Chapter 156.)
EXHIBIT "E"
To be amended in Chapter 172 Parking and Loading:
§172.04 Parking Lot Design Standards
(D)(2)(a)(ii) Two-way. For two way access, each entrance lane shall be a minimum of 12
feet wide and a maximum of 15 feet wide.
§172.07 Parking Lot Landscaping Requirements.
This Chapter subsection is being removed in its entirety.
EXHIBIT "F"
To be adopted as Chapter 177 Landscape Regulations of the Unified Development Code:
TITLE XV UNIFIED. DEVELOPMENT CODE
CHAPTER 177: LANDSCAPE REGULATIONS
CHAPTER 177: LANDSCAPE REGULATIONS
177.01 Purpose
(A)It is the purpose of this chapter to preserve and protect the health, safety, and
general welfare, preserve and enhance the natural beauty of Fayetteville, and create
an attractive, environmentally sound and healthy urban landscape for the residents
of the City of Fayetteville to enjoy by providing for regulations of the design,
planting, establishment and maintenance of spaces impacted by developmental
practices.
(B) The standards found within this chapter accomplish these purposes with existing
and new vegetation by:
(1) Promoting the beautification of the City of Fayetteville and enhancing its
aesthetic quality;
(2) Promoting reasonable conservation and replenishment of valued tree canopy
and vegetation;
(3) Aiding in restoring ecological balance by contributing to air purification, oxygen
regeneration, and ground water recharge;
(4) Providing for vegetation to reduce storm water runoff and the potential damage
it may create;
(5) Achieving a meaningful urban landscape while permitting economically feasible
urban development to occur.
(6) Creating a healthy environment for Fayetteville residents, businesses, and
industries;
(7) Moderating the harmful effects of sun, wind, and temperature changes;
(8) Buffering noise, air and visual pollution;
(9) Screening incompatible land uses and enhancing the appearance of parking lots
in all zoning districts;
(10) Promoting energy conservation; and
(11) Protecting and enhancing property values.
(C) Principles. This chapter shall be enforced according to the following principles:
(1) Sufficient landscaping shall provide beautification, soil stability and suitable
drainage.
(2) Trees, shrubs, groundcover and grass shall be the primary source of landscaping
and shall be retained and/or placed in such a manner as to reduce water runoff
and provide for safe sight distances at intersections and points of access.
(3) The current property owner shall properly maintain all landscaping and shall
replace any landscaping that dies or is damaged. Landscaping that dies or is
damaged shall be removed and replaced by the current owner of the property.
The owner shall have sixty (60) days from the receipt of written notice issued by
the City of Fayetteville to remove and replace any required landscaping that dies
or is damaged.
(4) Native vegetation is preferred. Vegetation requiring minimum watering is also
preferred.
(5) Preservation is primary; therefore landscaping shall make a concerted attempt to
incorporate existing on -site trees and shrubbery.
(6) Providing outdoor spaces and places for people to gather is strongly encouraged.
(7) The City of Fayetteville's Landscape Manual shall be used in support of this
chapter to explain specific objectives and principles and to provide a resource for
guidance in implementing all landscape plans.
177.02 City Of Fayetteville Tree Preservation, Protection And Landscape Manual
The Urban Forester, in cooperation with other members of city staff, shall promulgate
and periodically revise forms, procedures and regulations to implement this chapter
and publish this information in the City of Fayetteville Tree Preservation, Protection and
Landscape Manual.
(A)Copies
of the Tree
Preservation,
Protection and
Landscape Manual are
to be made
readily
available to
the
public
and
shall
include,
but need not be limited
to:
(1) Specific criteria for gaining city approval of landscape plans;
(2) The format and content of reports and plans the applicant must submit to the city
pursuant to this chapter;
(3) A glossary of important terms used in this chapter;
(4) Size and species requirements for trees planted for parking lots, screening or to
meet other necessary criteria; and
(5) Maintenance of trees (including but not limited to pruning, irrigation, and
protection from disease).
(B) The Tree and Landscape Advisory Committee shall review and may recommend
revisions to the Tree Preservation, Protection, and Landscape Manual at least every three
years to reflect changes in arboricultural and horticultural practices, lists of
preferred tree species, city policies, or the content of this chapter.
(Ord. No. 4340,10-2-01)
177.03 Landscape Plan Requirements
(A)Applicability. The provisions of this section shall apply to proposed subdivisions,
large scale developments and other development as indicated below required by the
Unified Development Code to go through the city's permitting process.
(1) Subdivisions and large scale developments. Applicants seeking approval of
proposed subdivisions and large scale developments shall submit a detailed
landscape plan.
(2) Building permits. Landscape plan requirements shall apply to all permit
applications for nonresidential construction, and the construction of multi -family
residential buildings composed of three or more dwelling units.
(3) Parking lots. Landscape plan requirements shall apply to all permit applications
for the construction of parking lots with five (5) or more spaces.
(B) General. The Landscape Plan required for subdivisions and large scale
developments shall be prepared and sealed by a registered Landscape Architect. The
Landscape Plan required for building permits and parking lots may be prepared by
a landscape designer.
(C)Submittal of plans. The following information shall be included with a landscape
plan submittal:
(1) The date, scale, north arrow, project name, name of Landscape
Architect/designer and name of the owner/developer.
(2) The location of property lines and the dimensions of the tract.
(3) Site features:
a) Existing vegetation (See Tree Preservation & Protection Ordinance for specific
criteria.)
b) The approximate center line of all existing water courses.
c) The location and size of existing and proposed drive aisles, streets and alleys,
parking areas and other improvements to the site.
d) Existing and proposed utility easements and overhead utility lines on or
adjacent to the lot.
e) Existing and proposed sidewalks on or adjacent to the lot.
f) Location of all existing and proposed points of access.
g) Existing and proposed structures on the property.
h) Existing topography and proposed grading.
(4) Proposed landscaping. The landscape plan shall indicate the number and species
of all plants, the size of each species at the time of planting, the spacing
requirements for each plant, and the type of edging and mulch to be used for the
planting areas.
(5) The Planting Plan may be incorporated with the Site or Grading/Tree
Preservation Plan.
(6) Planting details and/or specifications. Planting and installation details are to insure
compliance with all required landscaping standards.
a) All landscaping shall be 'planted within areas that minimize maintenance and
jeopardy of plant damage: this includes such areas as tree lawns, tree islands,
urban tree wells, foundation plantings and free-standing beds.
b) Planting beds shall have amended soil to insure the health of the plant
materials.
c) All new plantings shall
be mulched
in
accordance with the
guidelines
established for landscape
installatiori in
the
Landscape Manual.
d) All sod shall be removed within the planting bed and mulch shall cover the
bare soil to ease maintenance.
e) Sod or organic mulch will be allowed in tree lawns and tree islands if no
other plant material is included within these areas.
f) A planting bed shall be contained by edging material other than vegetation.
g) Planting details/specifications shall be included on the landscape plan, in
accordance with the Landscape Manual.
(7) Size and hype of plant material.
a) All plant material shall meet the requirements established by the American
Standard for Nursery Stock.
b) Deciduous trees shall have a minimum of two (2) inch caliper and evergreen
trees shall have a minimum height of eight (8) feet at the time of installation,
unless otherwise approved by the Urban Forester.
c) Shrub size at the time of planting shall be a minimum of three (3) gallon
containers with an expected height of three (3) feet or more within two (2)
years of installation.
d) Plant species installed in vehicular use areas are to be approved by the Urban
Forester.
e) Acceptable species of trees are listed within the City of Fayetteville's
Landscape Manual.
f) Protective fencing shall be provided for preserved trees and other vegetation
during construction, as required by §167 Tree Preservation and Protection.
g) A description of the type of irrigation system used for each required
landscape area shall be included.
i) An automated irrigation system is encouraged to ensure adequate
moisture to plant material.
ii) In landscaped areas without an automated irrigation system, hose bibs
(water spigots) shall be installed at a ratio of one for every one hundred
(100) feet.
(D)Plan Review. Upon receipt of the landscape plans, the Urban Forester shall make a
recommendation to the Planning Commission or an administrative determination,
as permitted by the Unified Development Code, with the following results:
(1) Approve/Recommend the landscape plan as complying with the requirements
of this chapter; or
(2) Approve/Recommend the landscape plan with conditions which bring it into
compliance with the requirements of this chapter; or
(3) Reject the landscape plan as failing to comply with the requirements of this
chapter.
177.04 Site Development and Parking Lot Landscape Standards
(A)Applicabilihy. A detailed landscape plan is required to be submitted for all
development when either new development or expansion of 25% of the existing
building square footage occurs and for all new or expanded parking lots containing
five (5) or more spaces. Landscape plans shall be submitted with the application for
building permit or parking lot permit. Submittals shall conform to the standards
established within this chapter.
(B) General requirements.
(1) Separation of landscaped areas and vehicles. All landscaped areas shall be protected
from potential damage by vehicles by placing concrete curbs or wheel barriers
adjacent to the landscaped area.
(2) Vehicle overhangs. A portion of a standard parking space may be landscaped
instead of paved to meet part of the landscaping requirement. The landscaped
area may be up to two feet of the front of the space as measured from a line
parallel to the direction of the bumper of the vehicle using the space.
Landscaping may only be groundcover plants in the overhang area.
(3) Maintenance.
The
current
owner of the property shall be responsible for the
maintenance
of all
required
landscaping.
a) Irrigation system. Some method of irrigation shall be required in landscaped
areas. An automated irrigation system is encouraged to ensure adequate
moisture to plant material. In landscaped areas without an automated
irrigation system the installation of hose bibs (water spigots), installed one for
every 100 foot radius, will be required.
b) Planting beds. All landscaping shall be planted within areas designated as
planting beds. Planting beds shall have amended soil to insure the health of
the plant materials. All sod shall be removed within the planting bed and
mulch shall cover the bare soil to ease maintenance. Sod will be allowed in
tree lawns and tree islands if no other plant material is included within these
areas.
c) Replacement landscaping. Landscaping that dies or is damaged shall be
removed and replaced by the current owner of the property. The owner shall
have 60 days from the receipt of written notice issued by the city to remove
and replace any required landscaping that dies or is damaged.
(C) Interior landscaping requirements.
(1) Amount of landscaping. Parking lots containing ten (10) or more spaces shall be
landscaped with one of the following options:
a) Option 1. Narrow tree lawn. A continuous landscape strip between rows of
parking. The minimum width of a tree lawn shall be eight feet (8'); the
minimum area shall be 300 square feet. One tree every 12 parking spaces or
one tree every thirty linear feet, whichever provides more canopy, shall be
planted with this option. Trees may be grouped or spaced within the lawn
area.
OPTION I
b) Option 2. Tree island. The minimum width of a tree island shall be eight feet
(8'); the minimum area shall be 150 square feet. One tree shall be planted for
every 12 parking spaces with this option, with a maximum run of 12 parking
spaces permitted without a tree island.
OPTION 2
(2) Placement of trees. Interior trees shall be placed on either side of points of access
(entrance drives, exit drives) within tree islands, as indicated in the Landscape
Manual.
(3) Tree planting. All trees planted to meet these requirements shall be deciduous
shade trees. Species selection shall be chosen from the approved list of trees
found in the appendices of the City of Fayetteville Landscape Manual. Alternate
tree species selections may be approved by the Urban Forester.
(4) Calculation of area. Required perimeter landscaping may not be substituted for
interior landscaping. However, it is recognized that interior landscaping may
join perimeter landscaping. In such cases, landscaping which extends four (4)
feet or more into the parking area may be included in the calculation of interior
landscaped area.
(5) Exceptions. All parking lots used solely for the purpose of providing areas for the
display and storage of motor vehicles for sale, lease, and rental shall be exempt
from the interior landscaping requirements.
(D)Perimeter landscaping requirement. Proposed development shall be landscaped
meeting the following requirements:
(1) Side and rear property lines. All parking lots shall have five feet (5') of landscaped
area between the property line and parking lot. The two foot (2') vehicle
overhang option may be included to meet this requirement. Depending on the
use and location, additional landscaped area and screening may be required
along property lines.
(2) Property lines adjoining street rig/it-of-way.
a) Landscape area required. A fifteen (15) foot wide landscaped area shall be
provided along the front property line exclusive of and adjacent to the Master
Street Plan right-of-way. Points of access (entrance drives, exit drives) and
sidewalks are allowed to cross the fifteen (15) foot landscaped area provided
the integrity of the landscaped area is maintained.
b) Design Overlay District. Within the established boundary of the Design
Overlay District, a twenty-five (25) foot wide landscaped area shall be
provided along the front property line exclusive of the Master Street Plan
right-of-way (§161.24). Points of access (entrance drives, exit drives) and
sidewalks are allowed to cross the twenty-five (25) foot landscaped area
provided the integrity of the landscaped area is maintained.
c) Residential zones. Except for permitted entrance drives, every development
shall be landscaped for an equal and uniform width of 15 feet parallel to the
front property line(s) street right-of-way. Single family residential uses shall
be exempt from this requirement.
d) Nonresidential zones. Except for permitted entrance drives, every development
shall be landscaped for an equal and uniform width of 15 feet parallel to the
front property line(s) street right-of-way. Properties developed with an urban
streetscape, utilizing urban tree wells as defined herein, shall be exempt from
this requirement.
e) Shade. All tree planting locations shall attempt to achieve shade for parking
lots, cars, benches, pedestrian walkways, etc., by utilizing aspect and locating
trees along the south and west boundary of these areas.
f) Screening. Parking lots containing five (5) or more spaces shall be screened
from the public right-of-way and adjacent properties, where said parking
areas are adjacent to residential zones, with shrubs and/or graded berms. If
graded berms are used, shrubs are also required.
g) Perimeter planting location. All plantings noted herein shall be installed within
the required landscape area. Subject to approval by the Urban Forester,
required trees and shrubs may be planted within the right-of-way or outside
the required landscape area parallel to the street right-of-way only in
extenuating circumstances.
(3) Tree Planting.
a) Large species trees shall be planted in the required fifteen (15) foot
landscaped area containing one (1) tree per thirty (30) linear feet along the
front property line. Trees along the perimeter may be grouped to allow
flexibility in design. The maximum allowed grouping may be up to twenty-
five (25%) percent of the required number of street trees.
b) Species selection shall be chosen from the approved list of trees for
landscaping found in the appendices of the City of Fayetteville Landscape
Manual. Alternate tree species selections may be approved by the Urban
Forester. No more than 25% of trees planted to meet perimeter landscaping
requirements may be evergreen.
c) Planted trees shall have a two (2) inch caliper (diameter) measured six (6)
inches above ground level at the time of planting.
d) At the request of the developer, the Urban Forester may exempt specific areas
from required tree planting where the terrain, existing trees or other physical
limitations make the planting of new trees impracticable. In cases of existing
overhead power lines, small trees shall be planted that will not interfere with
the existing power lines. Species selection shall be approved by the Urban
Forester.
(4) Shrub Planting.
a) Parking lots adjacent to a street right-of-way shall have shrubs planted in
continuous rows. A minimum of eight (8) shrubs shall be planted for every
tree required in the landscape area adjacent to a right-of-way. The
requirement for a continuous planting of shrubs is intended to lessen the
effect of extensive paving. Groupings of shrubs are encouraged; however, a
continuous planting will be required as well. A minimum 50% of shrubs
shall be evergreen.
b) Planting locations of
required shrubs shall
be appropriately
spaced between
trees in either
groups
or continuous rows.
c) Shrub size at the time of planting shall be a minimum of three (3) gallon
containers with an expected height of three (3) feet or more within two (2)
years of installation.
(5) Ground Cover Planting. All landscape areas shall be re -vegetated with
appropriate perennial groundcover. Prior to certificate of occupancy, all bare soil
shall be adequately covered in accordance with the Unified Development Code.
177.05 Street Tree Planting Standards
(A) Applicability. All new developments that create or develop along a public or private
street shall be required to establish street trees in accordance with the standards and
procedures provided for in this section and the adopted policies of the Landscape
Manual and Fayetteville's Tree Ordinance.
(1) All Street Tree Planting Plans shall follow the submittal criteria set forth in Ch.
. 177.03 Landscape Plan Requirements.
(2) Street Tree Planting Requirements
a) Plans shall indicate the spacing of trees along all newly created public and
private streets within the development site. At the request of the developer,
the Urban Forester may exempt specific areas from required tree planting
where the terrain or existing trees make the planting of new trees
impracticable. Examples include, but are not limited to:
i) Where the finish grade slope in
the
planting area
between the top back of
the street curb and the property
line
is in excess of
thirty (30%) percent.
ii) Where bedrock is encountered with in
thirty
(30)
inches of finish grade in
the planting area
between the top back
of the
curb
and the property line.
iii) Where existing healthy trees that are shown to be preserved within the
right-of-way are in such close proximity they would prevent a new tree
from establishing a full canopy when mature.
b) Plans shall identify the species of trees to be planted, which must be selected
from the Landscape Manual or otherwise approved by the Urban Forester.
Street trees shall be large species canopy trees.
c) Plans shall identify the size and quality of trees which must meet or exceed
the standards adopted in the Landscape Manual.
d) Indicate the location of all points of access (driveways, sidewalks and public
& private utilities) within the proposed development. The developer shall
ensure that driveways, sidewalks, utilities, etc. will not endanger the
livelihood of the proposed trees, and shall plan accordingly.
e) A Maintenance Agreement and Landscape Establishment Guarantee shall be
established. All plans shall include a binding three (3) year maintenance and
monitoring plan, which shall hold the developer responsible for the health of
all planted trees.
f) Approval of a Maintenance Agreement and Landscape Establishment
Guarantee shall be contingent upon the Developer depositing with the City of
Fayetteville one of the following: currency, bond, irrevocable letter of credit
or other surety. The amount shall be 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. The developer shall submit cost estimates to the Urban
Forester for approval.
g) Upon completion of the three,(3) year landscape establishment period, the
Urban Forester shall inspect the site and determine whether ninety (90%)
percent of the trees are healthy and have a reasonable chance of surviving to
maturity. Upon such a finding, the City of Fayetteville shall release the
currency, bond or letter of credit.
h) In the absence of such a finding, the developer shall be notified to replace any
unhealthy or dead trees, or take other appropriate action as approved by the
Urban Forester. If the developer does not take remedial steps to bring the
property into compliance, the City of Fayetteville shall use the necessary
monies from the Landscape Establishment Guarantee to do so.
i) 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 their parties, the
developer shall be relieved of the responsibility of replanting the tree or trees
so affected.
j) Contain such
other information
as may be
required to reflect how
the plan
addresses the
remaining policies
within
the
Landscape
Manual.
(3) Street tree plantings that are above and beyond the requirements as established
herein may count as on -site Tree Mitigation, with approval of the Urban Forester.
(4) Timing of planting. The Urban Forester shall recommend to the Planning
Commission the option that will potentially result in accomplishing the most
objectives of this chapter.
a) Street Tree Planting with infrastructure (subdivisions only). The developer may
choose to provide a landscape plan that conforms to the regulations herein,
with all landscaping along streets to be installed prior to final plat approval
and acceptance of public improvements associated with the development. If
planted prior to final plat approval, the developer shall provide proper
measures to ensure the longevity of health of all planted trees during
development of individual lots; or
b) Street 'Free Planting With development (subdivisions only). The developer may
choose to provide a landscape plan that conforms to the regulations herein
only to the extent that future development on lots created by the subdivision
shall be responsible for individual landscape plans as each lot develops.
c) Street Tree Planting With concurrent development. Where development approval
is requested (large scale, building permit, parking lot permit, etc), the
developer shall provide a detailed landscape plan that conforms to the
regulation established by this chapter.
d) Street Tree Planting Plans shall be submitted with the plans submitted for
development or subdivision approval by the Planning Commission, in
accordance with the options listed herein.
e) A written description of the method(s) and time frame the project will utilize
to track development of each individual lot shall be submitted by the
developer to ensure the required street trees are planted and their longevity of
health assured.
(B) Street Tree Planting Plan Requirements for Proposed Residential and Non -Residential
Subdivisions.
(1) Residential Subdivisions. Submittals for all proposed residential subdivisions shall
include a street tree planting plan at the time of final plat submittal.
a) A minimum of one (1) two-inch caliper, large species tree per lot shall be
planted.
b) Street trees shall be planted within or along the right-of-way; where possible,
between the sidewalk and the curb. Location shall be approved by the Urban
Forester. Refer to the Landscape Manual for spacing requirements.
(2) Non -Residential Subdivisions. Submittals for all proposed non-residential
subdivisions shall include a street tree planting plan at the time of final plat
submittal, or in accordance with the option approved for Timing of Planting as
required by this chapter.
a) A minimum of one (1) two-inch caliper, large species tree per 30 linear feet of
frontage shall be planted.
b) Street trees shall be planted within the required landscape area. Location shall
be approved by the Urban Forester. Refer to the Landscape Manual for
spacing requirements.
(3) Street Tree Planting Plan Requirements for Urban Streetscapes. Submittals for all
proposed developments that incorporate an urban streetscape, in which wide
(ten feet or greater) pedestrian sidewalks are adjacent to the curb and building
replace those development patterns mentioned above, shall include a street tree
planting plan at the time of development submittal.
a) A minimum of one (1) two-inch caliper, large species tree per 30 linear feet of
street frontage or every 10 parking spaces, whichever provides the most trees,
shall be planted with this option.
b) Location of trees shall be approved by the Urban Forester to ensure adequate
spacing, access and visibility is maintained. To meet this goal for the public
health, safety and welfare, the spacing of trees may be varied with approval
of the Urban Forester.
c) Trees shall be planted within urban tree wells. The minimum width of an
urban tree well shall be four feet (4'); the minimum area shall be 16 square
feet. This option is only permitted to allow trees planted within wide
sidewalks, in a downtown/urban fashion.
d) Tree wells shall be covered with either a tree grate or some form of permeable
pavers, (brick or stone), to be approved by the Urban Forester.
e) Structural soil or similar treatment shall be utilized with this option (see
Landscape Manual for specifications).
f) Street tree planting plans utilizing this option shall follow the construction
procedures and details as outlined in the Landscape Manual.
177.06 Stormwater Facilities
(A)Applicabilihy. All development required to install dry surface stormwater facilities
(detention ponds) shall conform to the requirements herein. A landscape plan shall
be submitted and approved prior to issuance of a permit or at the time of final plat
(whichever is applicable). All required plantings shall be installed prior to issuance
of a Certificate of Occupancy or filing of a final plat (whichever is applicable).
Development that utilizes retention, underground or parking lot detention, or
alternative stormwater management measures as approved by the Urban Forester
and City Engineer shall not be required to meet the requirements of this chapter.
(B) General Requirements. It is critical that selected plant materials are appropriate for
soil, hydrologic and other existing site conditions.
(1) All plants within
required stormwater
facility areas
shall be appropriate species
selected from the
Landscape Manual or
approved by
the Urban Forester.
(2) The design for plantings shall minimize the need for herbicides, fertilizers,
pesticides or soil amendments at any time before, during and after construction
and for a long-term basis.
(3) Plantings should be designed to minimize the need for mowing, pruning and
irrigation. Grass or wildflower seed shall be applied at the rates specified by the
suppliers. If plant establishment cannot be achieved with seeding by the time of
substantial completion of the stormwater facility portion of the project, the
contractor shall plant the area with wildflower sod, plus, container plants or
some other means to complete the specified plantings and protect against erosion
as approved by the Urban Forester.
(4) Plantings shall not impede the primary function of the stormwater facility, as
identified in the Unified Development Code. Should plantings be proposed that
call into question the ability of the stormwater facility to operate to the
satisfaction of the City Engineer, the developer shall provide sufficient
information (calculations, etc.) for review, at the time of submittal.
(C) Detention Ponds. These are stormwater facilities that do not have standing water for
more than a few hours per storm event. Vegetation helps improve infiltration
functions, protects from rain and wind erosion and enhances aesthetic conditions.
(1) The stormwater facility area is defined to be equivalent to the area of the
detention basin, including the bottom and the side slopes, plus a ten (10) foot
buffer around the detention basin.
(2) The developer shall install minimum plant material quantities per 3000 square
feet of the stormwater facility area as follows:
a) One (1) evergreen or deciduous tree:
i) Evergreen trees: Minimum height of six (6) feet.
ii) Deciduous trees: Minimum caliper of one and a half (11h) inch at six (6)
inches above the base.
b) Four (4) large shrubs/small trees, three (3) gallon containers or equivalent.
c) Six (6) shrubs/large grass -like plants, one (1) gallon containers or equivalent.
d) Ground cover plants, one (1) per twelve (12) inches on center with triangular
spacing, unless seed or sod is specified and installed.
e) At least fifty (50%) percent of the facility shall be planted with grasses or
grass -like plants, or as otherwise required by the Unified Development Code.
f) Wildflowers, native grasses and ground covers shall be designed to require
mowing no more than twice annually.
(3) Trees planted within stormwater facilities may be utilized to meet on -site Tree
Mitigation requirements, subject to approval by the Urban Forester.
177.07 Landscaping for Erosion Control
(A) Applicability. Those developments requiring a grading permit shall conform to the
following requirements.
(B) General Requirements. Erosion control measures shall be installed as soon as practical
and prior to the final approval. Prior to vegetation controls, all other appropriate
erosion control strategies should be in place.
(1) The faces of cut and fill slopes which measure five (5) feet or greater in vertical
height shall be treated and maintained to control against erosion for the
protection of the public health, safety and welfare.
(2) Landscape materials on graded slopes shall be designed to be compatible with
adjacent natural vegetation and shall be suitable for the climatic, soil and
ecological characteristics of the area. Non-invasive, drought tolerant materials
shall be selected as approved by the Landscape Administrator.
(C) Temporary Seeding. Temporary Seeding is required where exposed soils are not to be
fine graded for periods of twenty (20) days or more. Such areas include denuded
areas, soil stockpiles, dikes, sides of sediment basins, temporary roadbanks and
parking areas, storage areas, etc.
(1) Seeds shall be evenly applied.
(2) Mulching shall be used to reduce water runoff, windblow and increase moisture
conditions of seedlings.
(3) Re -seeding is required in areas which fail to establish vegetation - after
investigating and remediation of such failure.
(D) Permanent Seeding. Permanent seeding is required where disturbed areas will be
permanent and where long lived vegetative cover is needed to stabilize soils.
Rough graded areas which will not be brought to final grade for one (1) year or
more shall also required long lived vegetative cover.
(1) In order to establish a good stand of vegetation, seedbeds shall consist of
appropriate soil texture, structure, moisture, nutrient content, depth and internal
drainage.
(2) Seeds shall be evenly applied.
(3) Mulching shall be used to reduce water runoff, windblow and increase moisture
conditions of seedlings.
(4) Re -seeding is required in areas which fail to establish vegetation - after
investigating and remediation of such failure.
(E) Sodding.
Grass sod shall
be
installed where disturbed
areas require immediate
vegetative
covers or where
sod
is
preferred to other forms
of grass establishment.
(F) Vegetative Streambank Stabilization. Re -vegetation shall be required where banks in
creeks, streams and rivers, subject to erosion from excess runoff, have been eroded
from land disturbance due to the development.
(1) Revegetation shall be consistent with all other required erosion control measures.
(2) Landscape materials shall be designed to be compatible with adjacent natural
vegetation and shall be suitable for the climatic, soil and ecological characteristics
of the area.
177.08 Timing of Installation
Required landscaping shall be installed prior to the issuance of a final Certificate of
Occupancy or filing of the Final Plat, whichever development procedure is most
applicable. A 90 -day temporary certificate of occupancy may be issued or a final plat
may be filed once the owner deposits, with the city, U.S. currency or an irrevocable
letter of credit in an amount equal to 150% of the estimated cost of the uninstalled plant
material. The letter of credit must be from a bank dr banking institution doing business
within the State of Arkansas which is a member of the Federal Deposit Insurance
Corporation.
177.09-177.99 Reserved