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:
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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