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HomeMy WebLinkAboutOrdinance 5820N 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Ordinance: 5820 File Number: 2015-0496 AMEND CHAPTER 177 LANDSCAPE REGULATONS: AN ORDINANCE TO AMEND CHAPTER 177 LANDSCAPE REGULATIONS OF THE UNIFIED DEVELOPMENT CODE TO ADOPT REGULATIONS PROHIBITING THE INSTALLATION OF CERTAIN INVASIVE PLANT SPECIES IN NEW DEVELOPMENTS THAT REQUIRE A LANDSCAPE PLAN REVIEW AND APPROVAL BY THE URBAN FORESTRY DIVISION, AND TO MAKE CERTAIN TECHNICAL REVISIONS WHEREAS, on May 5, 2015, the City Council passed Resolution 101-15 requesting that City staff examine the need and propriety of submitting a proposed ordinance that would regulate or prohibit the sale or use of certain invasive plant species in Fayetteville; and WHEREAS, City staff assembled a team of thirteen diverse stakeholders who identified eighteen invasive plant species that warrant restrictions based on the economic and environmental harm that they cause. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 177.01 Purpose by adding a new subsection (B)(12) as follows: "Discouraging the new installation of identified invasive plant species and encouraging the removal of existing invasive plant species." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 177.01 Purpose by adding a new subsection (C)(8) as follows: "Plants identified as invasive in Section 177.09: Invasive Plant Species are prohibited from being installed in all development projects that require a landscape plan review." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 177.02(B) by replacing "Tree and Landscape Advisory Committee" with "Urban Forestry Advisory Board." Page 1 Printed on 1114115 Ordinance Number: 5820 Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 177.03 Landscape Plan Requirements by adding the words "Combined Plan" to the beginning subsection (C)(5) and by adding a new subsection (C)(7)(h) as follows: "Plants listed in Section 177.09: Invasive Plant Species shall not be installed in developments requiring a landscape plan review." Section 5: That the City Council of the City of Fayetteville, Arkansas hereby adds a new Section 177.09 Invasive Plant Species as set forth in Exhibit "A" attached hereto and made a part hereof. PASSED and APPROVED on 11/3/2015 Attest: O/G�ea [r.Allllnin,rn t �. Sondra E. Smith, City CIerIL�4`� � 1— -- � 'r�r111 f�1114i1111� Page 2 Printed on 1114115 Exhibit A 177.09 Invasive Plant Species Heavenly Bamboo The following plants shall not be installed in Nandina domestica' development projects that require a landscape plan review. Japanese Honeysuckle Lonicerajaponica Asian Wisteria Wisteria sinensis, Wisteria floribunda Kudzu Pueraria montana Bamboo Pyllostachys Spp. Littleleaf Periwinkle Vince minor Bigleaf Periwinkle Vince major Mimosa, Silktree Albizia julibrissin CallarytBradford Pear Pyrus calleryana Multiflora Rose Rosa multiflora Burning Bush Euonymus alatus Sericea Lespedeza Lespedeza cuneata Bush Honeysuckle Lonicera maackii, Lonicera fragrantissima Shrubby Lespedeza Lespedeza bicolor Chinese Privet Ligustrum sinense Tree -of -Heaven Ailanthus aRissima Creeping Euonymus Euonymus fortunei 'Cultivars that do not produce flowers or fruit are not considered invasive. English Ivy Hedera helix Johnson, Kimberly From: Pennington, Blake Sent: Tuesday, January 05, 2016 9:36 AM To: Johnson, Kimberly Subject: RE: Exhibit A for Ordinance 5820 Attachments: 5820 Amend Chapter 177 Landscape Regulations Exhibit A - Scriveners Errors Corrected.rtf Kim, Attached is the corrected version of Exhibit A for Ord. 5820. I made two changes because of scrivener's errors: 1) The correct code section for the language added by Exhibit A is 177.09, not 177.8 as it appeared in the original exhibit. The enacting legislation states, in relevant part, "...hereby adds a new Section 177.09 Invasive Plant Species as set forth in Exhibit `A' attached hereto...." 2) I removed the reference to the reserved sections. The Invasive Plant Species ordinance was drafted before the ordinance that ultimately became Ord. 5818. At the time Ord. 5820 was drafted, there was no Section 177.10, which is why 177.10 appeared as a reserved section. Even though Ord. 5820 was drafted first, Ordinance No. 5818 was introduced first (on October 20, 2015) and passed by the City Council the same night by suspending the rules. Ord. 5818 created anew 177.10 which went into effect immediately because of an emergency clause. Ordinance No. 5820 was then introduced on Nov. 3 and passed the same night by suspension of the rules. Because Ord. 5818 had been passed, the reserved sections should have been changed to 177.11-177.99. In any event, the inclusion of a reserved section in this exhibit is unnecessary so I just removed the reference entirely. Please let me know if you have any further questions. Blake Blake E. Pennington Assistant City Attorney Tele: (479) 575-8313 bl2enninaton@fayetteville-ar.gov From: Johnson, Kimberly Sent: Tuesday, January 05, 2016 9:16 AM To: Pennington, Blake <bpennington@fayetteville-ar.gov> Subject: Exhibit A for Ordinance 5820 Hi Blake, Thank you for visiting with me and taking care of the scrivener errors on the attached exhibit. Office of the City Clerk Treasurer Kim Johnson, BSE Senior Clerk Codifier 113 W. Mountain Street, Suite 308 Exhibit A Fayetteville Code of Ordinances 177.8 Invasive Plant Sp les Heavenly Bambbc The following plants shall no be installed in /zu (0stic development projects that require landscape plan review. neys nica Asian Wisteria Wisteria sinensis, Wisteria floribunda tane Bamboo Pyllostachys Spp. Littleleaf Periwinkle • Vince minor Bigleaf Periwinkle Vince major Mimosa, Silktree Albizia julibrissin Callary/Bradford Pear Pyms calleryana ultiflora Rose sa multiflora Burning Bush Euonymus alatus Seri Lespedeza Lespe za cuneata Bush Honeysuckle Lonicere maackii, Lonicera fragra * *ma Shrubby L pedeza Lespedeza b o/or Chinese Privet Ligustrum sinense Tree -of -Heaven Ailanthus altissima Creeping Euonymus Euonymus fortunei "Cultivars that do not p duce flowers or fruit are not considered invasive. English Ivy Hedera helix 177.10-177.99 Reserve CD177:12 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 +rtsc (479)575-8323 \ Text File — File Number: 2015-0496 Agenda Date: 11/3/2015 Version: 1 Status: Passed In Control: City Council Meeting File Type: Ordinance Agenda Number: C. 9 AMEND CHAPTER 177 LANDSCAPE REGULATONS: AN ORDINANCE TO AMEND CHAPTER 177 LANDSCAPE REGULATIONS OF THE UNIFIED DEVELOPMENT CODE TO ADOPT REGULATIONS PROHIBITING THE INSTALLATION OF CERTAIN INVASIVE PLANT SPECIES IN NEW DEVELOPMENTS THAT REQUIRE A LANDSCAPE PLAN REVIEW AND APPROVAL BY THE URBAN FORESTRY DIVISION, AND TO MAKE CERTAIN TECHNICAL REVISIONS WHEREAS, on May 5, 2015, the City Council passed Resolution 101-15 requesting that City staff examine the need and propriety of submitting a proposed ordinance that would regulate or prohibit the sale or use of certain invasive plant species in Fayetteville; and WHEREAS, City staff assembled a team of thirteen diverse stakeholders who identified eighteen invasive plant species that warrant restrictions based on the economic and environmental harm that they cause. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends § 177.01 Purpose by adding a new subsection (13)(12) as follows: "Discouraging the new installation of identified invasive plant species and encouraging the removal of existing invasive plant species." Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 177.01 Purpose by adding a new subsection (C)(8) as follows: "Plants identified as invasive in Section 177.09: Invasive Plant Species are prohibited from being installed in all development projects that require a landscape plan review." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 177.02(B) by replacing "Tree and Landscape Advisory Committee" with "Urban Forestry Advisory Board." Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 177.03 Landscape Plan Requirements by adding the words "Combined Plan" to the beginning subsection (C) (5) and by adding a new subsection (C)(7)(h) as follows: "Plants listed in Section 177.09: Invasive Plant Species shall not be installed in developments requiring a landscape plan review." Citye/Fayetteville, Arkansas Page 1 Printed on 11/42015 File Number. 2015-0496 Section 5: That the City Council of the City of Fayetteville, Arkansas hereby adds a new Section 177.09 Invasive Plant Species as set forth in Exhibit "A" attached hereto and made a part hereof. City of Fayetteville, Arkansas Page 2 Printed on 11/412015 City of Fayetteville Staff Review Form 2015-0496 Legistar File ID 11/3/2015 City Council Meeting Date -Agenda Item Only N/A for Non -Agenda Item Leif Olson 10/16/2015 Sustainability & Resilience / Chief of Staff Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends that the City Council amend Chapter 177: Landscape Regulations by adopting a list of eighteen identified invasive plants and prohibiting these plants from being installed in new developments that require a landscape plan review and approval from the Urban Forestry Division. Budget Impact: Account Number Fund Project Number Project Title Budgeted Item? NA Current Budget $ Funds Obligated $ Current Balance Does item have a cost? No Item Cost Budget Adjustment Attached? No Budget Adjustment Remaining Budget V20140710 Previous Ordinance or Resolution # Original Contract Number: Comments: Approval Date: CITY OF ay'Rettvtlle ARKANSAS MEETING OF NOVEMBER 3, 2015 TO: Mayor and City Council CITY COUNCIL AGENDA MEMO THRU: Don Marr, Chief of Staff Peter Nierengarten, Sustainability and Resilience Department Director FROM: Leif Olson, Associate Planner DATE: October 15, 2015 SUBJECT: Invasive Plant Species Ordinance: Submitted by Staff to amend the Unified Development Code Chapter 177: Landscape Regulations to adopt regulations prohibiting the installation of identified invasive plants in new developments that require a landscape plan review and approval by the Urban Forestry Division. RECOMMENDATION: Staff recommends that the City Council amend Chapter 177: Landscape Regulations by adopting a list of eighteen identified invasive plants and prohibiting these plants from being installed in new developments that require a landscape plan review and approval from the Urban Forestry Division. BACKGROUND: The City Council passed Resolution #101-15 on May 5, 2015 requesting Staff to examine the need and propriety of preparing an ordinance to regulate or prohibit the use of certain invasive plant species in Fayetteville. DISCUSSION: Staff assembled a team of thirteen stakeholders with diverse backgrounds as; nursery owners/managers, landscape architects and landscape installers, hobby gardeners, academic experts and botanists, naturalists and conservationists, City Park Managers and local citizens. Staff held four stakeholder meetings where the stakeholder group acknowledged that there is an invasive plant problem in Fayetteville and that a small list of invasive plants are causing economic and environmental harm. Ultimately, the stakeholder group; • documented the need for and invasive plant species policy, • reviewed other communities invasive species policies and ordinances, • identified and prioritized the eighteen plants included in the Fayetteville Invasive Plant List, • provided guidance and policy recommendations to City Staff, and • reviewed and critiqued Staffs proposed invasive plants education and outreach materials. The stakeholder group identified the following eighteen plant species as invasive in the City of Fayetteville: Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 • Asian Wisteria • Heavenly Bamboo Wisteria sinense, Wisteria floribunda Nandina domestica • Bamboo • Japanese Honeysuckle Pyllostachys Spp. Lonicera japonica • Bigleaf Periwinkle • Kudzu Vinca major Pueraria montana • Bradford Pear • Littleleaf Periwinkle Pyrus calleryana Vinca minor • Burning Bush • Mimosa, Silktree Euonymus alatus Albizia julibrissin • Bush Honeysuckle • Multiflora Rose Lonicera maackii, Lonicera Rosa multiflora fragrantissima • Serica Lespedeza • Chinese Privet Lespedeza cuneata Ligustrum sinense • Shrubby Lespedeza • Creeping Euonymus Lespedeza bicolor Euonymus fortunei • Tree -of -Heaven • English Ivy Ailanthus altissima Hedera helix The proposed amendments to Chapter 177: Landscape Regulations were reviewed and unanimously approved by the Urban Forestry Advisory Board on October 14, 2015. The Urban Forestry Advisory Board is forwarding this item to the City Council with a recommendation of approval. BUDGET/STAFF IMPACT: None Attachments: Invasive Plant Species Education Packet Urban Forester Memo 3 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 LANDSCAPE STANDARDS...................................5 177.05 STREET TREE PLANTING STANDARDS.....................................................................................8 177.06 STORMWATER FACILITIES........................................................................................................10 177.07 LANDSCAPING FOR EROSION CONTROL................................................................................11 177.08 TIMING OF INSTALLATION.........................................................................................................12 177.09 INVASIVE PLANT SPECIES.........................................................................................................12 177.10 -177.99 RESERVED......................................................................................................................12 CD177:1 Fayetteville Code of Ordinances CD177:2 TITLE XV UNIFIED DEVELOPMENT CODE CHAPTER 177: LANDSCAPE REGULATIONS 177.01 Purpose (A) It is the purpose of this chapter to preserve and (C) Principles. This chapter shall be enforced protect the health, safety, and general welfare, according to the following principles: preserve and enhance the natural beauty of (1) Sufficient landscaping shall provide Fayetteville, and create an attractive, beautification, soil stability and suitable environmentally sound and healthy urban drainage. landscape for the residents of the City of Fayetteville to enjoy by providing for regulationsof (2) Trees, shrubs, groundcover and grass shall the planting, establishment and design, be the primary source of landscaping and maintenance of spaces impacted by shall be retained and/or placed in such a developmental practices manner as to reduce water runoff and (B) The standards found within this chapter provide for safe sight distances at accomplish these purposes with existing and new intersections and points of access. vegetation by: (3) The current property owner shall properly (1) Promoting the beautification of the City of maintain all landscaping and shall replace Fayetteville and enhancing its aesthetic any landscaping that dies or is damaged. quality; Landscaping that dies or is damaged shall be removed and replaced by the current (2) Promoting reasonable conservation and owner of the property. The owner shall have replenishment of valued tree canopy and sixty (60) days from the receipt of written vegetation; notice issued by the City of Fayetteville to remove and replace any required (3) Aiding in restoring ecological balance by landscaping that dies or is damaged. contributing to air purification, oxygen regeneration, and ground water recharge; (4) Native vegetation is preferred. Vegetation requiring minimum watering is also (4) Providing for vegetation to reduce storm preferred. water runoff and the potential damage it may (5) Preservation is primary; therefore create; landscaping shall make a concerted attempt (5) Achieving a meaningful urban landscape to incorporate existing on -site trees and while permitting economically feasible urban shrubbery. development to occur. (6) Providing outdoor spaces and places for (6) Creating a healthy environment for people to gather is strongly encouraged. Fayetteville residents, businesses, and (7) The City of Fayetteville's Landscape Manual industries; shall be used in support of this chapter to (7) Moderating the harmful effects of sun, wind, explain specific objectives and principles and and temperature changes; to provide a resource for guidance in implementing all landscape plans. (8) Buffering noise, air and visual pollution; (8) Plants identified as invasive in Section (9) Screening incompatible land uses and 177,09: Invasive Plant Species are enhancing the appearance of parking lots in prohibited from being installed in all all zoning districts; development projects that require a landscape plan review. (10) Promoting energy conservation; and (11) Protecting and enhancing property values-, (Ord. 4917, 9-05-06) and 177.02 City Of Fayetteville Tree (12) Discouraging the new installation of identified invasive species and Preservation, Protection And Landscape plant encouraging the removal of existing Manual invasive plant species. CD177:3 Fayetteville Code of Ordinances 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 Lnndcoape Advisory Urban Forestry Advisory Board 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; Ord. 4917, 9-05-06) 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) Combined Plan. The Planting Plan may be incorporated with the Site or Grading/Tree Preservation Plan. CD177:4 TITLE XV UNIFIED DEVELOPMENT CODE (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 installation 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 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. (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. CD177:5 (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. (h) Plants listed in Section 177.09: Invasive Plant Species shall not be installed in developments requiring a landscape plan review. (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. (Ord. 4917, 9-05-06) 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. (B) General requirements. Fayetteville Code of Ordinances (1) Separation of landscaped areas and One tree every 12 parking spaces or vehicles. All landscaped areas shall be one tree every thirty linear feet, protected from potential damage by vehicles whichever provides more canopy, shall by placing concrete curbs or wheel barriers be planted with this option. Trees may adjacent to the landscaped area, be grouped or spaced within the lawn area, (2) Vehicle overhangs- A portion of a standard parking space may be landscaped instead of paved to meet part of the landscaping r requirement. The landscaped area may be i '" i i. is up to two feet of the front of the space as - ____ '-� measured from a line parallel to the direction 8' ,'i .. _ of the bumper of the vehicle using the space. - Landscaping may only be groundcover '�� •`t�•. plants in the overhang area. i (3) Maintenance. The current owner of the property shall be responsible for the maintenance of all required landscaping. (b) Option 2 Tree island. The minimum width of a tree island shall be eight feet (a) Irrigation system. Some method of (8'); the minimum area shall be 150 irrigation shall be required in landscaped square feet. One tree shall be planted areas. An automated irrigation system for every 12 parking spaces with this is encouraged to ensure adequate option, with a maximum run of 12 moisture to plant material. In parking spaces permitted without a tree landscaped areas without an automated island. irrigation system the installation of hose bibs (water spigots), installed one for every 100 foot radius, will be required 8,. (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 OPTION 2 tree lawns and tree islands if no other plant material is included within these (2) Placement of trees. Interior trees shall be areas, placed on either side of points of access (entrance drives, exit drives) within tree (c) Replacement landscaping- Land- islands, as indicated in the Landscape scaping that dies or is damaged shall be Manual. removedand replaced by the current owner of the property The owner shall (3) Tree planting. All trees planted to meet have 60 days from the receipt of written these requirements shall be deciduous notice issued by the city to remove and shade trees. Species selection shall be replace any required landscaping that chosen from the approved list of trees found dies or is damaged in the appendices of the City of Fayetteville Landscape Manual. Alternate tree species (C) Interior landscaping requirements. selections may be approved by the Urban Forester. (1) Amount of landscaping. Parking lots containing ten (10) or more spaces shall be (4) Calculation of area. Required perimeter landscaped with one of the following options: landscaping may not be substituted for interior landscaping. However, it is (a) Option I. Narrow tree lawn. A recognized that interior landscaping may join continuous landscape strip between perimeter landscaping. In such cases, rows of parking. The minimum width of landscaping which extends four (4) feet or a tree lawn shall be eight feet (8'); the more into the parking area may be included minimum area shall be 300 square feet. in the calculation of interior landscaped area. CD177:6 TITLE XV UNIFIED DEVELOPMENT CODE herein, shall be exempt from this (5) Exceptions. All parking lots used solely for requirement. the purpose of providing areas for the display and storage of motor vehicles for (e) Shade. All tree planting locations shall sale, lease, and rental shall be exempt from attempt to achieve shade for parking the interior landscaping requirements. lots, cars, benches, pedestrian walkways, etc., by utilizing aspect and (D) Perimeter landscaping requirement. Proposed locating trees along the south and west development shall be landscaped meeting the boundary of these areas. following requirements: (f) Screening. Parking lots containing five (1) Side and rear property lines. All parking lots (5) or more spaces shall be screened shall have five feet (5') of landscaped area from the public right-of-way and between the property line and parking lot- adjacent properties, where said parking The two foot (2') vehicle overhang option areas are adjacent to residential zones, may be included to meet this requirement. with shrubs and/or graded berms. If Depending on the use and location, graded berms are used, shrubs are also additional landscaped area and screening required. may be required along property lines, (g) Perimeter planting location. All plantings (2) Property lines adjoining street right-of-way, noted herein shall be installed within the required landscape area. Subject to (a) Landscape area required. A fifteen (15) approval by the Urban Forester, foot wide landscaped area shall be required trees and shrubs may be provided along the front property line planted within the right-of-way or outside exclusive of and adjacent to the Master the required landscape area parallel to Street Plan right-of-way. Points of the street right-of-way only in access (entrance drives, exit drives) and extenuating circumstances. sidewalks are allowed to cross the fifteen (15) foot landscaped area (3) Tree Planting. provided the integrity of the landscaped (a) Large species trees shall be planted in area is maintained, the required fifteen (15) foot landscaped area containing one (1) tree per thirty (b) Urban Zoning Districts. Zoning districts (30) linear feet along the front property that prescribe urban building form (e.g., line. Trees along the perimeter may be a build -to zone) permitting front grouped to allow flexibility in design. setbacks of less then 15 feet may be The maximum allowed grouping may be permitted to reduce the greenspace to up to twenty-five (25%) percent of the 10 feet parallel to the Master Street Plan required number of street trees. right-of-way line. Any development providing less than 10 feet of (b) Species selection shall be chosen from greenspace shall utilize the street tree the approved list of trees for planting plan for urban streetscapes. landscaping found in the appendices of the City of Fayetteville Landscape Manual. Alternate tree species (c) Residential zones. Except for permitted selections may be approved by the entrance drives, every development Urban Forester. No more than 25% of shall be landscaped for an equal and trees planted to meet perimeter uniform width of 15 feet parallel to the landscaping requirements may be front property line(s) street right-of-way- evergreen. Single family residential uses shall be exempt from this requirement. (c) Planted trees shall have a two (2) inch caliper (diameter) measured six (6) (d) Nonresidential zones. Except for inches above ground level at the time of permitted entrance drives, every planting. development shall be landscaped for an equal and uniform width of 15 feet (d) At the request of the developer, the parallel to the front property line(s) Urban Forester may exempt specific street right-of-way. Properties areas from required tree planting where developed with an urban streetscape, the terrain, existing trees or other utilizing urban tree wells as defined physical limitations make the planting of new trees impracticable. In cases of CD177:7 Fayetteville Code of Ordinances existing overhead power lines, small trees shall be planted that will not (ii) Where bedrock is encountered with interfere with the existing power lines, in thirty (30) inches of finish grade Species selection shall be approved by in the planting area between the top the Urban Forester. back of the curb and the property line. (4) Shrub Planting. (iii) Where existing healthy trees that (a) The requirement for a continuous are shown to be preserved within planting of shrubs is intended to lessen the right-of-way are in such close the effect of extensive paving. Parking proximity they would prevent a new lots that require screening shall have tree from establishing a full canopy shrubs that are spaced so as to create a when mature. seamless row of hedging. A minimum 50% of shrubs shall be evergreen. (b) Plans shall identify the species of trees to be planted, which must be selected (b) Shrub size at the time of planting shall from the Landscape Manual or be a minimum of three (3) gallon otherwise approved by the Urban containers with an expected height of Forester. Street trees shall be large three (3) feet or more within two (2) species canopy trees. years of installation. (c) Plans shall identify the size and quality (5) Ground Cover Planting. All landscape areas of trees which must meet or exceed the shall be re -vegetated with appropriate standards adopted in the Landscape perennial groundcover. Prior to certificate of Manual. occupancy, all bare soil shall be adequately covered in accordance with the Unified (d) Indicate the location of all points of Development Code. access (driveways, sidewalks and public & private utilities) within the proposed (Ord. 4917, 9-05-06; Ord. 5312, 4-20-10; Ord. 5337, 8-3-10) development. The developer shall ensure that driveways, sidewalks, 177.05 Street Tree Planting Standards utilities, etc. will not endanger the livelihood of the proposed trees, and (A) Applicability All new developments that create shall plan accordingly. or develop along a public or private street shall be required to establish street trees in (e) A Maintenance Agreement and accordance with the standards and procedures Landscape Establishment Guarantee provided for in this section and the adopted shall be established. All plans shall policies of the Landscape Manual and include a binding three (3) year Fayetteville's Tree Ordinance, maintenance and monitoring plan, which shall hold the developer responsible for (1) All Street Tree Planting Plans shall follow the the health of all planted trees. submittal criteria set forth in Ch. 177.03 Landscape Plan Requirements. (f) Approval of a Maintenance Agreement and Landscape Establishment (2) Street Tree Planting Requirements Guarantee shall be contingent upon the Developer depositing with the City of (a) Plans shall indicate the spacing of trees 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, be equal to that provided in § the Urban Forester may exempt specific 167.04(J)(4). areas from required tree planting where the terrain or existing trees make the (g) Upon completion of the three (3) year planting of new trees impracticable. landscape establishment period, the Examples include, but are not limited to: Urban Forester shall inspect the site and determine whether ninety (90%) percent (i) Where the finish grade slope in the of the trees are healthy and have a planting area between the top back reasonable chance of surviving to of the street curb and the property maturity. Upon such a finding, the City line is in excess of thirty (30%) of Fayetteville shall release the percent currency, bond or letter of credit. CD177:8 TITLE XV UNIFIED DEVELOPMENT CODE (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 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. CD177:9 (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) Optional Street Tree Planting Plan for Urban Streetscapes Fayetteville Code of Ordinances approved prior to issuance of a permit or at the The Street Tree Planting Plans of time of final plat (whichever is applicable). All subsections (1) and (2) may be replaced by required plantings shall be installed prior to an urban streetscape including sidewalks at issuance of a Certificate of Occupancy or filing of least eight feet wide from curb to building. At a final plat (whichever is applicable). the time of developmental submittal, the Development that utilizes retention, underground proposed urban streetscape shall include a or parking lot detention, or alternative stormwater street tree planting plan in compliance with management measures as approved by the the following requirements: Urban Forester and City Engineer shall not be required to meet the requirements of this chapter. (a) A minimum of one (1) two-inch caliper, large species tree per 30 linear feet of (B) General Requirements. It is critical that selected street frontage or every 10 parking plant materials are appropriate for soil, hydrologic spaces, whichever provides the most and other existing site conditions. trees, shall be planted with this option (1) All plants within required stormwater facility (b) Location of trees shall be approved by areas shall be appropriate species selected the Urban Forester to ensure that from the Landscape Manual or approved by adequate spacing, access and visibility the Urban Forester are maintained. The spacing of trees may be varied with approval of the (2) The design for plantings shall minimize the Urban Forester. need for herbicides, fertilizers, pesticides or soil amendments at any time before, during (c) Trees shall be planted within urban tree and after construction and for a long-term wells. The minimum width of an urban basis. tree well shall be three feet (3'); the minimum area shall be 15 square feet. (3) Plantings should be designed to minimize This option is only permitted to allow the need for mowing, pruning and irrigation. trees planted within wide sidewalks, in a Grass or wildflower seed shall be applied at downtown/urban fashion. Size and the rates specified by the suppliers. If plant shape of urban tree well shall be establishment cannot be achieved with approved by the Urban Forester. seeding by the time of substantial completion of the stormwater facility portion of the (d) Tree wells shall be covered with either a project, the contractor shall plant the area tree grate or some form of permeable with wildflower sod, plus, container plants or pavers, (block or stone), to be approved some other means to complete the specified by the Urban Forester. plantings and protect against erosion as approved by the Urban Forester. (e) Structural soil or similar treatment shall be utilized with this option (see (4) Plantings shall not impede the primary Landscape Manual for specifications) function of the stormwater facility, as identified in the Unified Development Code. (f) Street tree planting plans utilizing this Should plantings be proposed that call into option shall follow the construction question the ability of the stormwater facility procedures and details as outlined in the to operate to the satisfaction of the City Landscape Manual. Engineer, the developer shall provide sufficient information (calculations, etc.) for (g) Development applications approved for review, at the time of submittal. the use of Urban Tree Wells shall not be required to provide additional (C) Detention Ponds. These are stormwater facilities landscaped area exclusive of the right- that do not have standing water for more than a of -way. few hours per storm event. Vegetation helps (Ord. 4917, 9-05-06; Ord. 5003, 4-17-07; Ord. 5057, 9-04- improve infiltration functions, protects from rain 07; Ord. 5513, 7-17-12) and wind erosion and enhances aesthetic conditions. 177.06 Stormwater Facilities (1) The Stormwater Facility area is defined to be equivalent to the area of the detention basin, (A) Applicability. All development required to install including the bottom and the side slopes, dry surface stormwater facilities (detention plus a ten (10) foot buffer around the ponds) shall conform to the requirements herein, detention basin. A landscape plan shall be submitted and CD177:10 TITLE XV UNIFIED DEVELOPMENT CODE (2) The developer shall install minimum plant the climatic, soil and ecological material quantities per 3000 square feet of characteristics of the area. Non-invasive, the stormwater facility area as follows: drought tolerant materials shall be selected as approved by the Landscape (a) One (1) evergreen or deciduous tree: Administrator. (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 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. (Ord. 4917, 9-05-06) 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 (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. CD177:11 (1) Revegetation shall be consistent with all other required erosion control measures. Fayetteville (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. (Ord. 4917, 9-05-06) 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 Invasive Plant Species The following plants shall not be installed in development projects that require a landscape plan review. Asian Wisteria Wisteria sinense, Wisteria floribunda Bamboo Pyllostachys Spp. Bigleaf Periwinkle Vince major Bradford Pear Pyrus calleryana Burning Bush Euonymus alatus Bush Honeysuckle Lonicera maackii, Lonicera fragrantissima Chinese Privet Ligustrum sinense Creeping Euonymus Euonymus fortunei English Ivy Hedera helix Heavenly Bamboo Nandina domestica Japanese Honeysuckle Lonicera japonica Code of Ordinances Kudzu Pueraria montana Littleleaf Periwinkle Vinca minor Mimosa, Silktree Albizia julibrissin Multiflora Rose Rosa multiflora Serica Lespedeza Lespedeza cuneata Shrubby Lespedeza Lespedeza bicolor Tree -of -Heaven Ailanthus altissima CD177:12 177.10-177.99 Reserved CITY OF a e evi le CITY COUNCIL AGENDA MEMO YARKANSAS MEETING OF NOVEMBER 3, 2015 TO: Mayor and City Council THRU: Don Marr, Chief of Staff Connie Edmonston, Parks & Recreation Director Alison Jumper, Park Planning Superintendent FROM: John Scott, Urban Forester DATE: October 16, 2015 SUBJECT: Invasive Plant Species Ordinance RECOMMENDATION: Urban Forestry staff and the Urban Forestry Advisory Board recommend that the City Council amend Chapter 177: Landscape Regulations by adopting a list of eighteen identified invasive plants and prohibiting these plants from being installed in new developments that require a landscape plan review and approval from the Urban Forestry Division. DISCUSSION: The Urban Forestry Division at the City of Fayetteville has worked in conjunction with the Sustainability & Resilience Department to draft the proposed additions to Chapter 177: Landscape Regulations regarding prohibiting the planting of certain invasive plant species in new developments. The proposed invasive plant additions to Chapter 177 would add value to the current code and strengthen the current recommendations for developers to avoid invasive plant species on approved landscape plans. The invasive plant amendment would not add additional burden on staff or make significant changes to the standard daily operations of Urban Forestry staff. The current development review process includes identifying the species of plants being used for future developments. An onsite inspection, which includes verifying the plant species, is required at the end of each project. The prohibition of invasive species identified in the proposal can efficiently be included in the standard daily operating procedures of the Urban Forestry staff without complicating the process for developers. The proposed ordinance changes do not involve enforcement for proposed or existing residential properties or any existing commercial properties. The proposed changes would only affect developments required to submit a landscape plan pursuant to Chapter 177. If developments are not meeting the proposed requirements, the final Certificate of Occupancy would be withheld until compliance is met. Urban Forestry staff are in full support of the proposed invasive plant additions to Chapter 177: Landscape Regulations. Mailing Address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 A detailed presentation about the invasive plant additions was presented at the Urban Forestry Advisory Board, on October 14, 2015. A discussion followed the presentation and a motion was made to support the ordinance. The motion unanimously passed 5-0-0. The Urban Forest Advisory Board fully supports the proposed invasive plant addition to Chapter 177: Landscape Regulations. 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I iLI I , i1 II I`'I�drl L 11 ITM l.(fil l], f rl II �. h";. di.•I 1, 111,E C O O �1 oo U P O _0 Q o a u u U W0 O i o U O � O C d 3 ) r oo U C C N N y ujtO o _ m y Y Z v t En —'-0c p- Q 0 ow w a 4c3 o i o2-0 25 QH - r O rL. a e O p p rn U) - r) e o c G J CJ _ Z J w w yQm J (5 a; m > o w O u ±O> O 0 w - KL' - C 1120 - j o C w C „ o }�G C) O _ O m w-ar =0 x a Z o •t yell �4 ' 4 Y�1- 5S�YI1�� .F i �n• yet •aLh ll III ��yy p. I I e1 li�• ,rY I "Vlylr �• L ' } •[ r ?'I yi r r Exhibit A h -.a tS-- i�., rr-rri�rj Fayetteville (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. (Ord. 4917, 9-05-06) 177.8 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. 177.9 Invasive Plant Species The following plants shall not be installed in development projects that require a landscape plan review. Asian Wisteria Wisteria sinensis, Wisteria floribunda Bamboo Pyllostachys Spp. Bigleaf Periwinkle Vinca major Callary/Bradford Pear Pyrus calleiyana Burning Bush Euonymus alatus Bush Honeysuckle Lonicera meackil, Lonicera fragrantissima Chinese Privet Ligustrum sinense Creeping Euonymus Euonymus fortunei English Ivy Hedera helix Heavenly Bamboo Nandina domestics* Japanese Honeysuckle Lonicera japonica Code of Ordinances Kudzu Pueraria montana Littleleaf Periwinkle Vince minor Mimosa, Silktree Albizia julibrissin Multiflora Rose Rosa multiflora Sericea Lespedeza Lespedeza cuneata Shrubby Lespedeza Lespedeza bicolor 11 -a. is Tree -of -Heaven Ailanthus altissima 'Cultivars that do not produce flowers or fruit are not considered non-invasive 177.10-177.99 Reserved CD177:12 NORTHWEST ARKANSAS Democrat 05azette P.O. BOX 1607. FAYETTEVILLE, AR. 72702 ^ 479-442-1700 • FAX: 479-695-1118 . WWWNWAGG.COM RECEIVED AFFIDAVIT OF PUBLICATION N0V 13 2015 CITY OF FAYEf3E1UE I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the CITY CLERKs,6F I Northwest Arkansas Democrat Gazette, printed and published in Washington and Benton County, Arkansas, and of bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY OF FAYETTEVILLE Ord. 5820 Was inserted in the Northwest Arkansas Democrat Gazette on: November 12, 2015 Publication Charges: $ 129.70 l.�tI Cathy Wiles Subscribed and sworn to before me This 12 day of ► (CAI. , 2015. an b9 N ry Public My Commission ExRiey j's4- pUBUC Please do not pay froyi A{fidgy{tathi%%ic 11 be sent. es yN� TON C°°.``.