HomeMy WebLinkAboutOrdinance 5818113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Ordinance: 5818
File Number: 2015-0474
AMEND CHAPTER 167 AND 177
AN ORDINANCE TO REPEAL § 167.04 (J)(5) MAINTENANCE AGREEMENT AND LANDSCAPE
ESTABLISHMENT GUARANTEE, TO ENACT § 167.10 TREE MAINTENANCE AGREEMENTS AND TO
AMEND § 177.05 (A)(2)(f) BY DELETING A PORTION OF THIS SUBSECTION AND ENACTING § 177.10
TREE MAINTENANCE AGREEMENTS TO IMPROVE MAINTENANCE AND SURVIVABILITY OF
MITIGATION TREES AND TO PASS AN EMERGENCY CLAUSE
WHEREAS, Fayetteville's Urban Forrester believes that requiring a tree maintenance contract with an
approved landscaping company will improve the amount of mitigation trees that survive three years as
required by the Tree Ordinance and be more cost effective for developers.
NOW THREFORE, 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 repeals § 167.04 (J)(5)
Maintenance Agreement and Landscape Establishment Guarantee and enacts § 167.10 Tree Maintenance
Agreements to improve tree maintenance and survivability as shown on Exhibit A attached hereto.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 177.05 (A)(2)(0 by
deleting a portion of this subsection and enacting § 177.10 Tree Maintenance Agreements to improve
tree maintenance and survivability as shown on Exhibit B attached hereto.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby determines that this ordinance
should become effective without delay so that pending large developments will be able to plant, better
maintain and ensure the survival of numerous required mitigation trees which are necessary for the health and
safety of Fayetteville citizens. Therefore, the City Council hereby declares an emergency exists suclh%,fllailutri i
this ordinance shall become effective immediately upon its passage and approval.
PASSEDa APPROVED on 10/20/2015 =
Approv Attest:
Lioneld
//
iii i t 6-A
Sondra E. Smith, City Clerk Treasurer
Page 1 Printed on 10123115
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 167: TREE PRESERVATION AND PROTECTION
167.01 PURP0SE.......................................................................................................................................3
167.02 CITY OF FAYETTEVILLE TREE PRESERVATION, PROTECTION, AND LANDSCAPE
MANUAL.........................................................................................................................................3
167.03 TREE REGISTRY AND URBAN FOREST ANALYSIS...................................................................3
167.04 TREE PRESERVATION AND PROTECTION DURING DEVELOPMENT......................................4
167.05 TREE PROTECTION MEASURED AND C0NSTRUCTION...........................................................
13
167.06 TREE PLANTING, MAINTENANCE AND REMOVAL ON STREET RIOHT"F-WAY AND
OTHERPUBLIC GROUNDS......................... .......... .... .............. ............ .........................................
13
167.07 COMMERCIAL TREE PRUNERISERVICE; CERTIFICATE AND INSURANCE REQUIRED
14
187.08 HAZARDOUSTREES..................................................................................................................... 14
167.09 LOCAL DISASTER EMERGENCY.................................................................................................15
167.10 TREE MAINTPJIARCE AORkIMENTb.............._........ .:.::._._._.,.:-.:..:_.;;-�:.._.:..._...A6
167.4011.167.90 RESERVED............................................................... .........,..,..........................................
15
Co167 I
Fayetteville Code of Ordinances
refund becomes due, The sending by
regular mall of the notices to the
Applicant shall be sufficient to satisfy the
requirement of nmtce.
(h) The refund shall be made on a pro rata lifill'
basis, and shall be paid In full no later 000. 4g4
than ninety (90) days after the date Igg�r
certain upon which the refund becomes IMM:Nal fit"
due.
(I) At the time of the contribution to the Tree
Escrow Account the Urban forester
shall provide the Applicant with written
notice of those circumstances under
which refunds of such fees will be made
Failure to deliver such wilted notice
shall not invalidate any contrbution to
the Tree Escrow Account under this
Ordinance.
r?aw�
_ Vs��b'RM9�gK,
I!!0?N4MiRfK ....
(K) Tree preservelicn plan review farm The urban
forester shall use a standardized form for all
recommendations or aalministrell"
delerminallons made regarding an applicant's
tree preservation plan.
(1) The form shall clearly indicate whether the
urban forester is making a final
administrative determination, or a
recommendafion to the Planning
Commission or City Council
12) The form shall also clearly Indicate the
applicant's plan Is 'APPROVED,'
'DISAPPROVED,' or "CONDITIONALLY
APPROVED," and explain the reasoning
therefore
(9) A statement shall appear on the form
explaining The process by which a final
administrative determination may be
appealed In accordance with Chapter 155 of
the Unllied Development Code
(4) The urban forester shall sign and date the
form, and ensure That a copy becomes pad
of the permanent file for the project
(L) Continuing preservation and protection under
approved free pfeservellon plans.
(1) In order to ensure that an applicant's helrs,
successors, assigns, or any subsequent
purchasers of the subject properly are put on
notice as to the existence and extent of an
approved tree preservation plan. tree
preservation areas shall be clearly depicted
on the easement plats for large scale
developments and the final plats for
nonresidential subdivisions This shall be
accompanied by a narrative statement
describing the nature of the protection
Manisa. and bearing the signalure of The
urban forester. Lots in residential
subdivisions are expressly exempt from
these requirements. If It Is Impractical to
include the actual depiction of the canopy to
be preserved on the easement plat, or final
plat itself, a note cross referencing an
accompanying document shall suffice
CD187.12
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rb rdn WRstctpe. goo nuw )87,70
cS\'IN IL'vIsC,I P,its(. of I.XIIIko IA
TITLE XV UNIFIED DEVELOPMENT CODE
(D) Removal by city. If the conditions described in a
notice given, as set forth above, are not removed
or connected within 20 days after such notice
given, the mayor, or his/her duly authorized
representative, is hereby authorized to enter
upon the property and do whatever Is necessary
to correct or remove the conditions described in
the notice. The costs of correcting said
conditions shall be charged to the owner or
owners of the property and the city shall have a
lien against such property for the costs.
Enforcement of the lien shall be set forth in
§95,03 of the Fayetteville Code or Ordinances,
Such action shall not be taken if the owner has
evidenced a willingness to comply by hiring a
qualified tree service before the expiration of the
20 day period.
(Cade 1991, §162 0Q Ord No 3699, §6. 4-20-93; Ord No,
3963, §4. 4-16-96; Ord Na. 4100, §2 (Ex A), 6-16-98; Ord
No 4340.10-241)
167.09 Local Disaster Emergency
If it becomes necessary for the mayor to declare a
local disaster emergency pursuant to A.C.A. §12-75-
108(b)(2), the provisions of this chapter may be
suspended for up to 30 days, if strict compliance with
its provisions would prevent, hinder, or delay actions
necessary to cape with the disaster emergency.
(Ord No 4316, 6-601; Ord. No 4340; 10-2-01)
167.10,Tree Mainteliance'Agreemerits
(a MCMdenence agmemenf - and lend¢cepe
establishmentguamntee. Al plans requesting oft -
age mitigation or of"Ite forestation shag include
a binding three year mebdenance said mbngmatg
f�wthe health of allan. which shall planted
ed � responsible
ix (11 7lppraaM #'4ir plwl :r bi• a
(3) In the; absence, of Such amMding, the
applicant shall. De, notified to; repface any
idih y-bf-deed'vesa m,take,oMer
app_mpdaroaction`,ae approved by the urbah
forester., -6`thelepp11carlt, tibia nofttake
remadlel • daps;to; brklp: the'. propeily'- into
compliance, the Elly eliell_uae me,necesaary
rronles •hdn'1he',landsceq. estebllehment
guaraneetodoao.
(4) In the event bees are Injured ordesboyed by
,natural tlleasteml - l idNp liutlrat lkigged to,
tomedaee,l atrapht-lneivdntle; Ira storms,
fad; go'otlg 16'aM; or. lightning+;ahlkes, or
Iflmugh- Ns,' Independent ecdons , 01 -third
pedlea; Ute aPplkant anal be rellevaU of the
responalblllry, of-replenUp.gla Into or;trees
So enacted.
(5) However. In Ileu: of ga9h surety, leper Vf
dredlt, or, bond, tib manitodng and
inaintenance'requlremard mey. also' be met
through pool -of. a those..year time
mmMalBnce-corr"d.�wlh.ia "Scope
iwmiaclor, epproved[by the Urban. Foreakr.
They cermabt• shal•'name,'the,.CHy ,of
Fayettevlle a a Na'd:p`arty benefclary: This
fulty` exealted'contrala�shalt.cbrltaln:
(e)� gemked-proof"o6paymenkor charge for
3ryeeB of watang'and maintenance for
each requlred_hie.
(b) a clause,:Mat requital that N the
spproved 'contract Is• breached, the
developer. shall OMei, trnmailikeb
supply an . acceptable . replacement
nlaintanance,00nbect• or ehalldepoag
elto�th! Citys_hee'ascrow'account the
normal original amouia set- ford in
sermon 167.1*JX4).
(c):
@�4L"d 'aAfa oi'e1 aid Idea 167.4911-167.99 Reserved
t DTa B IEC'
.t sugl i�➢rt��1(ah�F5ria
ii;'aEBoni :Wil
,
CD167715
'Provided in lieu of
original, as correction. ]
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 177: LANDSCAPE REGULATIONS
177.01 PURPOSE........................„,.......... ...... I ................. I ..... I ................................ . .... .................... 3
177,02 CITY OF FAYETTEVILLE TREE PRESERVATION, PROTECTION AND LANDSCAPE
MANUAL. ........................ ........... - .............. .................. I ............... I ............ ......... —1-1-1 ..... 3
177.03 LANDSCAPE PLAN REQUIREMENTS ......... . .......... ....................................................... . . — ..... 4
177.04 SITE DEVELOPMENT AND PARKING LOT LANDSCAPE STANDARDS_...............................6
177.06 STREET TREE PLANTING STANDARDS ... .............................. I ......... .. I .. ........ I ........ 11, .... . ..... a
177.06 STORMWATERFACILITIES ......................... .................................. - ............... I ...... I ... . ............ 10
177.07 LANDSCAPING FOR EROSION CONTROL .............. ....... . 11 ............... I ....... I ....... 11 ...... 1— ......... 11
177.06 TIMING OF INSTALLATION . ............. .. . ............ ......................................................... 12
177.0 tREP MAINTENANCE ADROWENTS . ..... .........«..................,_....................................._..
177.14 -177.00 RESERV ED ... ................ ............ ... ... ............... .............. I ....
CD177A
Fayetteville Code of Ordinances
177.08 Timing Of Installation
Required landscaping shall be installed prior a the
Issuance of a Mal Certificate of Occupancy or flung of
the Final Plot. whichever development procedure Is
most applicable. A 90 -day temporary cenldcale of
occupancy may be esued or a final plat may be filed
once me owner deposits, Wth the city, U.S. currency
or an Irrevocable letter of eredlt In an amount equal to
150% or the estimated mel of the unlnelalled plant
material. The latter of credit must be from a bank or
banking InrthuMn doing business within the State of
Arkansas which Is a member of the Federal Deposit
Insurance Corporation.
977.10 Tree Maintenance Agreements
W os Mdaeswra guskwue M Plana rasing
abeal.oaw pea 777.06 shall Include a baldrp
Dna yaw mananeuoa and me ININ pion,
which old hold an appdurd rupMft far to
he MofolglaredVette.
(1) Approval
be =or
real m
aravocat
n oma
raw wan
a Mffd o"
(2) upon sarrWholool of Use atr«
tayaw,irdmso.
esabwwd asked, gra raban areal
dbwkhope elleata'am daemons weedw
90% of die rue are. OW V and have ■
Upon such
Meso a arly at p b musty.
Upon aueh rdd , to coy ro& ralssN the
eulnmy, bad, a I e1Wf of aradt.
(S) In M abaaram of such. a drdeg, tin
appaawd old be del)*:to npI any
&&*Ory or dead uter
asa, a UM at
she &00
bow If ria" �attliCMd!dodo appow b notaRa
rskaP IM fasps: pe bile dis"tNiPdf add
compliance, the bay area use On secdaeary
monbs from'tn.14dildes" od&k nwt
guarrdu to m ail.
(4) In Use awry baker era blind ardefooned by
natural doodwe, kwkW g but lot MWAd to,
assroldeek
401ficaria .*oft
Is. toms,. hold. m Wbitp ajil es a
drimgh to Independent oder. of Wd
W.M. the appkrd alrag u mlaked ams
opdraNaY apes. , no am tree or aw
m alerted
(5) Massenet. in lieu of ooh our", saw of
m if1. r(d ,hnpd.'. add. elo*Av', ant
maational m*.*~ mry_ all: ea mal
rpt rove., w Al ,h�r �F
p WA,,IeEan',Fftm'
711E awMadl aeell me" Ura -a" d
F'ayallavlp' .:4:y�,e�1 EMt81Y1aY-Te\
kA¢adn11��6onYYYM.
(a) kwnhad proof ofd"Wit or charW ON
Xy"ops t!�MaMnl�Mdmllallwtskwa�br
each reginfi d tat.
(b) 6 WIN& INK -rowlas to 6 tna
approved aonbacl a onedud ata
dWMop_er am slmw bnmwwoal)'
supply an acceptable, replSeerlterd
mWdsrrw rea ml•or ala dspoat
Ma' do We beo:eoom nomm the
mmol broad amara art Intel In
96640167.04Wt4?
(a) alar kepMm by dw Umwt Fwuaral
to and Cf,tw,t0ea III fiefed, 0 do
INb6n ydhNar rid nkm ddt lase
I)tea'y611'r)fi reps tI6r'RA!ddtb
6110 'wltlry a.r neaawteMa N" Of el
IIureft lebede'*A be
hp�imtlg'bpl:-rid iiiailrr. so
:t= --ib to p„IyFMd
would reaovarklsan as maned In the
corirw
17TAg11.177.99 Reserved
C0177:12
CaemeeMd [lol)t 177.09 nos been fasou as for the
177.09Inv&" Plant Spades 4msrdneot moglpsW for
kdmduallon IO Ca sd at 14 lbwmbst T nodes by
6aaln W illy S Ihsaklmes Nab.
Fayetteville Code of Ordinances
(III) Where existing healthy trees mat
(a) The requirement for a continuous
are shown to be preserved within
planting of shrubs Is intended to lessen
the dghlol-way are In such close
the effect of extensive paving. Parking
proximity they would prevent a new
lots that require screening shall have
Troe from establishing a full canopy
shrubs Ihet are spaced so as to create a
when mature.
seamless row of hedging, A IMnimtxn
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 or planting shall
from the Landscape Manuel or
be a minimum of three (3) gallon
otherwise approved by the Urban
containers with an expected height of
Forester. Street Imes shall be large
three (3) feet or more within two (2)
species canopy trees
years of Installation.
(c) Plane shall Identify the size and quality
(5) Ground Cover Pleating. 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 end public
& prlvale utilities) within the proposed
(Ord.4917,9-0546; Ord. 5312,4-20-101 Ord. 5337, 83.10)
development. The developer shall
ensure that driveways, sidewalks,
177.05 Street Tree Planting Standards
utllllles, etc. will not endanger the
livelihood of (he proposed trees, and
(A) Applicability. All new developments that create
shall plan accordingly
or develop along a public or private Street shall
(e) A Maintenance Agreement and
be required to establish street trees In
Landscape Establishment Guarantee
accordance with the standards and procedures
shall be established. All plans shall
provided for in this section and the adopted
include a binding three (3) year
policies of the Landscape Manual and
maintenance and monitoring plan, which
Fayetleville's Tree Ordinance.
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
(D Approval of a Maintenance Agreement
Landscape Plan Requirements
and Landscape Establishment
(2) Street Tree Planing Requirements
Guarantee shall be conlingent upon the
Developer deposlling with the City of
(a) Plans shall Indicate the spacing of trees
Fayellevllle aaa--a1-aN-1AMA,
along all newly created public and
'Il*W**V•-
private streets within the development
-
site At the request of the developer,
,, a tr Wre1V a-;ensu�, n
!r fl�duskdd
the Urban Forester may exempt specific
IA 77s.0.
areas from required tree planting where
the terrain or existing trees make the
(9) 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
(1) Where the finish grade slope in the
determine whether ninety (90%) percent
planting area between the top back
of the trees are healthy end have e
of the street curb end the property
reasonable chance of surviving to
line is in excess of army (30%)
maturity. Upon such a finding, the City
percent
of Fayetteville shall release the
currency, bond or fetter of credit.
(II) Whore bedrock Is encountered with
(h) In me absence of such a finding, the
In thirty (30) Inches of finish grade
developer shall be notified to replace
In the planting area between the lop
any unhealthy or dead gees, or take
back of the curb and the property
other appropriate action as approved by
line,
the Urban Forester. If the developer
CDI77:8
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Q,
Text File
File Number: 2015-0474
Agenda Date: 10/20/2015 Version: 1 Status: Passed
In Control: City Council Meeting File Type: Ordinance
Agenda Number: C. 10
AN ORDINANCE TO REPEAL § 167.04 (J)(5) MAINTENANCE AGREEMENT AND LANDSCAPE
ESTABLISHMENT GUARANTEE, TO ENACT § 167.10 TREE MAINTENANCE AGREEMENTS
AND TO AMEND § 177.05 (A)(2)(f) BY DELETING A PORTION OF THIS SUBSECTION AND
ENACTING § 177.10 TREE MAINTENANCE AGREEMENTS TO IMPROVE MAINTENANCE
AND SURVIVABILITY OF MITIGATION TREES AND TO PASS AN EMERGENCY CLAUSE
WHEREAS, Fayetteville's Urban Forrester believes that requiring a tree maintenance contract with an
approved landscaping company will improve the amount of mitigation trees that survive three years as
required by the Tree Ordinance and be more cost effective for developers.
NOW THREFORE, 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 repeals § 167.04 (J)(5)
Maintenance Agreement and Landscape Establishment Guarantee and enacts § 167.10 Tree
Maintenance Agreements to improve tree maintenance and survivability as shown on Exhibit A
attached hereto.
Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends § 177.05 (A)(2)(f)
by deleting a portion of this subsection and enacting § 177.10 Tree Maintenance Agreements to
improve tree maintenance and survivability as shown on Exhibit B attached hereto.
Section 3. That the City Council of the City of Fayetteville, Arkansas hereby determines . that this
ordinance should become effective without delay so that pending large developments will be able to
plant, better maintain and ensure the survival of numerous required mitigation trees which are necessary
for the health and safety of Fayetteville citizens. Therefore, the City Council hereby declares an
emergency exists such that this ordinance shall become effective immediately upon its passage and
approval.
City of Fayetteville, Arkansas Page 1 Printed on 10/23/2015
City of Fayetteville Staff Review Form
2015-0474
Legistar File ID
10/20/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Derek Parks & Recreation /
Linn 10/2/2015
Parks & Recreation Department
Submitted By Submitted Date Division / Department
Action Recommendation:
An Ordinance to Amend Chapter 167 --Tree Preservation & Protection and 177 — Landscape Regulations; to
an additional option regarding tree maintenance agreements.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance 1$
Does item have a cost? NA Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget $ I
V20140710
Previous Ordinance or Resolution #
Original Contract Number:
Comments:
CITY OF
a e V le
Y ARKANSAS
CITY COUNCIL AGENDA MEMO
MEETING OF OCTOBER 20, 2015
TO:
Mayor and City Council
THRU:
Don Marr, Chief of Staff
Connie. Edmonston, Parks.and.Recreation_Directore. °
Alison Jumper, Park Planning Superintendent
FROM:
Derek Linn, Urban Forester �L
DATE:
October 2, 2015
SUBJECT: Amendment to Chapter 167 and 177: To Provide an Additional Option
Regarding Tree Maintenance Agreements
BACKGROUND:
It is the purpose of Chapter 167 of the Unified Development Code to preserve and protect the
health, safety, and general welfare, and to preserve and enhance the natural beauty of
Fayetteville by providing for regulation of the preservation, planting, maintenance, and removal•
of trees within the City. This chapter [(167.04XJ)(5)] further specifies for all plans requesting on -
site mitigation oroffsite forestation to include a three-year maintenance and monitoring plan,
which holds the applicant responsible for the health of all planted trees on development plans.
This section further directs for the applicant to deposit with the City either currency, bond, an
irrevocable letter of credit, or other surety in the amount of replacement cost and labor to ensure
and guarantee the survival of all mitigation trees for the initial three-year establishment period of
the trees.
In addition, it is the purpose of Chapter 177 of the Unified Development Code 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 updated by new development. This
chapter [(177.05)(A)(2)] specifies the planting of all new street trees to include a three year
maintenance and monitoring plan, which holds the developer responsible for the health of all
planted trees. Approval of this plan is contingent upon the developer depositing with the City of
Fayetteville one of the following: currency, bond, irrevocable letter of credit, or other surety in
the amount equal to that provided in (167.04)(J)(4).
DISCUSSION and PROPOSAL:
The purpose of the tree maintenance surety as noted above is to provide incentive to ensure
that required trees are watered, maintained, and healthy at the end of the three year
establishment period; which ultimately supports a healthy urban forest.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
While the surety provides the incentive for some applicants to properly maintain required trees,
the surety requirement has not been as effective as desired to inspire the maintenance and
watering that trees need to become healthy and established. Further, some applicants find it
difficult to secure a three year bond on trees. Brought forward as a request from developers,
this amendment adds an option for developers to contract with a landscape company to provide
the three year maintenance of trees. This amendment is not an additional requirement, but
rather, an additional option.
This option would be accepted in lieu of the currency, bond, or other surety as currently required
and noted above. The fully executed contract would contain language that the City of
Fayetteville is named as a third party beneficiary, and:
1. itemized proof of payment or charge for three years for the watering and
maintenance needs of each required tree;
2. a clause that requires that if the approved contract is breached, the developer shall
either immediately supply an acceptable replacement maintenance contract or shall
deposit into the City's tree escrow account the normal original amount set forth in
section 167.04(J)(4).
Urban Forestry staff worked in conjunction with the City Attorney's office to develop language
that would both add flexibility while meeting the intent of the chapters.
Approving this ordinance revision would increase flexibility for developers to either meet the
current surety and maintenance requirement; or, to provide an approved maintenance contract,
in lieu of providing the currency, bond, or other surety.
RECOMMENDATION:
Staff recommends approving the proposed ordinance amendments to Chapter 167: Tree
Preservation and Protection and Chapter 177: Landscape Regulations.
BUDGETISTAFF IMPACT:
The ordinance requirement will not have an impact on the City budget.
Attachments:
Existing Ordinance Language
Proposed Ordinance Language
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 167 TREE, PRESERVATION AND PROTECTION
167.01 PURPOSE.......................................................................................................................................3
167.02 CITY OF FAYETTEVILLE TREE PRESERVATION, PROTECTION, AND LANDSCAPE
MANUAL.........................................................................................................................................
3
167.03
TREE REGISTRY AND URBAN FOREST ANALYSIS...................................................................3
167.04
TREE PRESERVATION AND PROTECTION DURING DEVELOPMENT......................................4
167.05
TREE PROTECTION MEASURES AND CONSTRUCTION...........................................................
13
167.06
TREE PLANTING, MAINTENANCE AND REMOVAL ON STREET RIGHTS -OF -WAY AND
OTHER PUBLIC GROUNDS...........................................................................................................
13
167.07
COMMERCIAL TREE PRUNER/SERVICE; CERTIFICATE AND INSURANCE REQUIRED.........
14
167.09 LOCAL DISASTER EMERGENCY................................................................................................. 15
167.10 TREE MAINTENANCE AGREEMENTS.......................................................................................... 15
167.4O11-167.99 RESERVED...................................................................................................................... 15
C0167:1
Fayetteville Code of Ordinances
CD167:2
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 167: TREE PRESERVATION AND PROTECTION
167.01 Purpose
It is the purpose of this chapter to preserve and
protect the health, safety, and general welfare, and
preserve and enhance the natural beauty of
Fayetteville by providing for regulations of the
preservation, planting, maintenance, and removal of
trees within the city, in order to accomplish the
following objectives:
(A) Objectives.
(1) To preserve existing tree canopy;
(2) To create a healthful environment for
Fayetteville residents, businesses, and
industries;
(3) To moderate the harmful effects of sun,
wind, and temperature changes;
(4) To buffer noise, air and visual pollution;
(5) To filter pollutants from the air that assist in
the generation of oxygen;
(6) To reduce storm water runoff and the
potential damage it may create:
(7) To stabilize soil and prevent erosion, with an
emphasis on maintaining tree canopy on
hillsides defined as canopied slopes in
Chapter 151;
(8) To provide habitat for birds and other wildlife;
(9) To preserve riparian banks and beds, and
prevent sedimentation;
(10) To screen incompatible land;
(11) To promote energy conservation; and
(12) To protect and enhance property values.
(B) Principles. This Chapter shall be enforced
according to the following principles:
(1) Preservation shall be the first, best, and
standard approach.
(2) If preservation 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.
CD167:3
(5) If none of Me above approaches can be
achieved, payment shall be made to the tree
escrow account.
(Code 1991, §182.01; Ord. No. 3899, §1 4-20-93; Ord, No.
4100. §2 (Ex.A), 6-1698; Ord. No. 4340,10-2-01)
167.02 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 Manuel.
(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
tree preservation plans;
(2) The format and content of reports and plans
the applicant must submit to the city
pursuant to this chapter,
(3) Tree protection during construction;
(4) A glossary of important terms used in this
chapter;
(5) Size and species requirements for trees
planted for on -site mitigation or off -site
forestation;
(6) 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.
(Om. No. 4340.10-2-01)
167.03 Tree Registry And Urban Forest
Analysis
(A) Tree Registry. Trees and groups of trees which
are documented to be of historic merit, of an
uncommon or endangered species, or are of
extraordinary value due to their age, size. or type,
Fayetteville Code of Ordinances
may be registered in the City of Fayetteville's tree
that are not required to go through
registry. It shall be the duty of the urban forester
subdivision or large scale development
to maintain and keep this registry an file in the
process. There shall be no land disturbance,
urban forester's office,
grading, or tree removal until an abbreviated
tree preservation plan has been submitted
(B) Voluntary registration. Registration of trees shall
and approved, and the tree protection
be voluntary and may be done by the owner(s) of
measures at the site inspected and
the property on which the tree is located.
approved.
Registration shall not run with the land unless the
property owner wishes to use an express trust to
(3) Building permits. Tree preservation require -
transfer a benefit in the tree or groups of trees to
ments apply to all permit applications for
the city. Registered tree owners are entitled to
nonresidential construction, and the
consultation with the Tree and Landscape
construction of multi -family residential
Advisory Committee and/or the urban forester
buildings composed of three or more
concerning proper care and protection of the tree,
dwelling units. An abbreviated tree
as well as an evaluation of the tree's condition,
preservation plan, as set forth in § 167.04
(H)(3), shall be submitted with the
(C) Urban Forest Analysis. The city shall initiate a
application for building permits on projects
tree canopy analysis and an Urban Forestry
that are not required to go through the
Effects Model study or their current equivalent
subdivision or large scale development
studies within the current geographical
process. There shall be no land disturbance.
boundaries of the city by December 31, 2012.
grading, or tree removal until an abbreviated
Thereafter, the city should conduct these studies
tree preservation plan has been submitted
every ten (10) years.
and approved, and me tree protection
measures at the site inspected and
(Ord. Ho. 4340,10-02-01; Ord. 5427,8-2-11)
approved.
167.04 Tree Preservation And Protection
(4) Parking Iota Tree preservation require -
During Development
ments apply to all permit applications for the
construction of parking lots with five or more
(A) Applicability. The provisions of this section shall
spaces. An abbreviated tree preservation
plan, as set forth in §167.04 (H)(3), shall be
apply to proposed subdivisions, and large scale
developments required by other chapters of the
submitted with the application for permits on
Unified Development Code to go through the
projects that are required to go through the
subdivision or large scale development
city's permitting process. Persons seeking to
build one single-family dwelling unit, or duplex,
process. There shall be no land disturbance.
are specifically exempt from the provisions of this
grading, or tree removal until an abbreviated
tree preservation plan has been submitted
section except when the land is located within the
and approved, and the tree protection
Hillside/Hilltop Overlay District then all the
provisions of this ordinance shall apply. Planned
measures at the site inspected and
Zoning Districts should meet the percent
approved.
minimum tree canopy based upon their primary
(5) Hillside/Hilltop Overlay District. Undeveloped
use, but may be allowed a lesser tree canopy
requirement as part of the overall Master Plan
lend located within the Hillside/Hilltop
approved by the City Council,
Overlay District shall submit a site analysis
plan, analysis report, and tree preservation
(1) Subdivisions and large scale developments
plan with the preliminary plat a site plan.
Single and two family residential
Applicants seeking approval of proposed
development shall submit an abbreviated
subdivisions and large scale developments
shall submit a site analysis plan, analysis
tree preservation and site plan at the time of
report, and tree preservation plan with the
obtaining a building permit. Structural
changes to buildings located in the
preliminary plat or site plan. There shall be
no land disturbance, grading, or tree removal
Hillside/Hilltop Overlay District that do not
until a tree preservation plan has been
result in an enlargement of the building
submitted and approved, and the tree
footprint or root dripline shall not require an
protection measures at the site Inspected
abbreviated tree preservation plan. There
shall be no land disturbance, grading, or tree
and approved,
removal until a tree preservation plan has
(2) Grading permit. An abbreviated tree
been submitted and approved, and the tree
protection measures at the site inspected
preservation plan, as set forth in
and approved.
§167.04(H)(3), shall be submitted with the
application for grading permits on projects
C0167:4
TITLE XV UNIFIED DEVELOPMENT CODE
(B) Tree preservation criteria. The urban forester
shall consider the following factors, and any other
relevant information, when evaluating 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 on
adjacent properties, the surrounding
neighborhood and the property on which the
tree or group of trees is located.
(5) Whether alternative construction methods
have been proposed to reduce the impact of
development on existing trees.
(6) Whether the size or shape of the lot reduces
the flexibility of the design.
(7) The general health and condition of the tree
or group of trees, or the presence of any
disease, injury, or hazard.
(8) The placement of the tree or group of trees
in relation to utilities, structures, and the use
of the property.
(9) The need to remove the tree or group of
trees for the purpose of Installing, repairing,
replacing, or maintaining essential public
utilities.
(10) Whether roads and utilities are designed in
relation to the existing topography, and
routed, where possible, to avoid damage to
existing canopy.
(11) Construction requirements of on -site and ot-
site drainage.
(12) The effects of proposed on -site mitigation or
off -site alternatives.
(13) The effect other chapters of the U DC, or city
policies 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.
'Note -The above items are not presented in any particular
order of importance. The weight each is given will depend in
large pan on the individual characteristics of each project.
(C) Canopy area. In all new Subdivisions, Large
Scale Developments, Industrial and Commercial
Developments, and all other improvements listed
above, trees shall be preserved as outlined in
Table I under Percent Minimum Canopy, unless
the Applicant has been approved for On -Site
Mitigation or Off -Site Alternatives as set forth in
subsections I. & J. below. The square foot
percentage of canopy area required for
preservation in new development is based on the
total area of the property for which the Applicant
is seeking approval, less the right-of-way and
park land dedications. An Applicant shall not be
required to plant trees In order to reach Me
Percent Minimum Canopy requirement on land
where less than the minimum exists prior to
development, unless trees have been removed.
Table I
Minimum Canopy Requirements
PERCENT
ZONING DESIGNATIONS
MINIMUM
CANOPY
R -A, Residential - Agricultural
25%
(nonagricultural uses)
RSF-.5. Single-family Residential - One
25%
Half Unit perAcre
RSF-1, Single-family Residential - One
25%
Unit perAcre
RSF-2, Single-family Residential - Two
20%
Units perAcre
RSF-4, Single-family Residential — Four
25%
Units gerAcre
RSF-7, Single-family Residential —
20%
Seven Units per Acre
RSF-8, Single-family Residential — Eight
20%
Units perAcre
R -O Residential -Office
20%
RT-12, Two and Three-family
20%
Residential
RMF-6, Multi -family Residential — Six
20%
Units perAcre
RMF-12, Multi -family Residential —
20%
Twelve Units perAcre
RMF-18, Multi -family Residential -
20%
Eighteen Units perAcre
RMF-24, Multi -family Residential —
20%
Twenty -Four Units perAcre
RMF-40,Multi-family Residential — Forty
20%
Units perAcre
NS. Neighborhood Services
20%
C-1, Neighborhood Commercial
20%
CS. Community Services
20%
C-2, Thoroughfare Commercial
15%
UT, Urban Thoroughfare
15%
CS. Central Business Commercial
15%
CD167:5
Fayetteville Code of Ordinances
DC Downtown Core
10%
MSC Main Street Center
10%
0G. Downtown General
10%
NC. Neighborhood Conservation
20%
I-1, Heavy Commercial and Light
Industrial
15%
1-2, General Industrial
15%
P-1. Institutional
25%
PZD, Planned Zoning District
(HHOD)
25%
30%
All residential zoning districts and C-1 districts within
the Hillside/Hilltop Overlay District shall have their
percent minimum canopy requirements Increased by
5% to a total requirement of either 30% or 25%.
(D) Prior tree removal.
(1) If trees have been removed below the
required minimum within the five (5) years
preceding application for development
approval, the site must be forested to meet
the Percent Minimum Canopy requirements
set forth in Table 1, plus an additional ten
percent (10%) of the total area of the
property for which the Applicant is seeking
approval, less the right-of-way and park land
dedications. The number of trees required to
be planted shall be calculated using the
Base Density for High Priority trees.
(2) Waiver. If an applicant is able to
demonstrate to the Planning Commission's
satisfaction that the trees were removed for
a bona fide agricultural purpose, and not with
the intent to thwart enforcement of this
chapter, the additional 10% reforestation
requirement shall be waived.
(E) Tree preservation priorities.
(1) Percent minimum canopy. Proposed
designs must meet the percent minimum
canopy requirements for the particular
zoning designation, emphasizing the
preservation and protection of high priority
trees on the site. Trees in utility easements
shall not be counted toward the percent
minimum canopy requirement, and such
utilities shall be routed, wherever possible, to
avoid existing canopy.
(2) Existing natural feature& Each design shall
consider the existing natural features of the
site, the preservation priorities for the trees,
and the impact their proposed removal may
have both on and off -site.
(3) Preservation priorities. The list of
preservation priorities (See: Table 2) shall
guide the review of each development's
design. The submittal of designs which do
not incorporate preservation priorities for the
frees on the site shall result in the denial of
me tree preservation plan.
(4) High priority trees. The preservation and
protection of high priority trees shall be
enforced most stringently to meet the
minimum percentage of canopy
preservation. The preservation and
protection of lower priority trees shall not be
substituted for that of high priority trees.
except
(a) When the justification for such a
substitution is set forth in the analysis
report; and
(b) The substitution Is approved by the
urban forester.
Table 2
Preservation Priorities
HIT Priori(
Mid -level Priority
Low Prlortty
Canopied slopes
Contiguous
woodlands
Invasive species
Floodweys and
riparian buffers
Non-native
woodlands
Relic orchards
Native woodlands
Use buffers
Less desirable
species
Significant trees
CD167:6
Nola -Each of the above is listed alphabetically
beneath its respective category. They are not presented in
any particular order of Importance within that category.
(F) Tree Preservation Requirements for Proposed
Residential and Non -Residential Subdivisions.
(1) Residential subdivisions. The Percent
Minimum Canopy In residential subdivisions
shall be located In areas that have the least
possibility of impact as utilities are installed
and homes built. The intent is to leave
undisturbed as many existing trees as
possible for the use and enjoyment of
prospective lot owners. Residential
Subdivisions requesting tree removal below
the Percent Minimum Canopy requirement
may choose either Residential On -Site
Mitigation, or to contribute to the Tree
Escrow Account as set forth in §167.04
J.4.a. Trees in utility easements shall not be
counted toward the Percent Minimum
Canopy requirement, and such utilities shall
be routed to avoid existing canopy.
(2) Nonresidential subdivisions. Two options
are available for establishing a tree
preservation plan for the development of
nonresidential subdivisions. The urban
forester shall recommend to the Planning
TITLE XV UNIFIED DEVELOPMENT CODE
Commission the option that will potentially
preserve the largest amount of priority
canopy based upon the tree preservation
criteria set forth in § 167.04 (B) above.
(a) Preservation plan for entire subdivision.
The developer may choose to preserve
the percent minimum canopy required
for the entire development. With this
option, the preserved canopy shall be
located in areas that will not be
impacted by future development of the
individual lots. Canopy to be preserved
shall be noted on the final plat, and shall
be protected as set forth in §167.04 (L)
below. Should the entire percent
minimum canopy requirement for the
site be so protected, the final plat shall
include a statement that the individual
lots, as represented thereon, shall not
require separate tree preservation
plans.
(b) Preservation plan for Infrastructure only.
The developer, in consultation with city
staff, shall delineate the area required
for the construction of the infrastructure
and improvements for the development.
This area should include street rights -of -
way, and utility and drainage
easements. Lot lines, streets, and
easements shall be located to avoid
placing a disproportionate percentage of
existing canopy in any one (1) proposed
lot. This option shall not allow the
removal of trees during the grading of
individual lots, unless shown by the
developer to be essential to the project's
engineering design. The developer will
be required to compensate for the
canopy removed from this defined area
by making the appropriate payment into
the Tree Escrow Account. On all other
areas of the development, the developer
shall protect the existing canopy during
the construction phase in accordance
with §167.05 below. The final plat shall
include a statement that the individual
lots shall required separate Tree
Preservation Plans.
(3) HaasldeMrittop Overlay District Individual
parcels or lots located within the
Hillside/Hilltop Overlay District boundary
shall submit an abbreviated tree preservation
plan as set forth in § 167.04 (H)(3) indicating
the location of the structure and the
preservation of the minimum tree canopy
requirement.
(a) Developers shall have the option of
doing cluster development, such as a
CD167:7
PZD, which would encourage more
open space and tree preservation areas.
In this pattern of development, the tree
preservation zone on each lot can be
transferred to a larger open space
instead of being required on the
individual lots. The open space set
aside during cluster development shall
be placed in a permanent easement or
land trust with all future development
rights removed from the property.
(G) Initial review.
(1) Meeting with the urban forester. It is strongly
recommended that prospective applicants
meet with the urban forester for an initial
review of the proposed tree preservation
plan for the site poor to submitting a
preliminary plat, large scale development, or
site plan to the city. During the initial review,
the urban forester shall make
recommendations to ensure the proposed
subdivision or development complies with
the requirements of this chapter. These
recommendations shall be nonbinding.
However, applicants proceed at the risk of
higher costs due to changes required by a
noncompliant submittal should they choose
not to have the Initial review or to disregard
the recommendations of the urban forester.
(2) Letter of contimalion. The urban forester
shall document whether the applicant
participated in the initial review meeting in a
letter of confirmation to the applicant. If the
applicant chose to attend an initial review
meeting, the letter shall also document any
recommendations made. The urban forester
shall ensure that a copy of the letter
becomes part of the permanent file for the
project
(H) Submittal of plans. Applicants should bear in
mind that all plans will be evaluated according to
the tree preservation criteria and percent
minimum canopy requirements as set forth under
§167.04 (B) and (C).
(1) Site analysis plan. On sites with existing
tree canopy, the applicant shall conduct a
site analysis to determine the approximate
age, health, size and species distribution of
the bees, noting each on a site analysis
plan, and clearly showing the locations and
types of all natural features on a site.
including features 100 feet beyond the
property lines. The site analysis plan shall
also specifically depict the applicable
preservation priority level for each tree or
group of trees on the site. The plan should
include, but not be limited to, delineation of
Fayetteville Code of Ordinances
the following features as they exist on the
not fall under the requirements for large
site:
scale developments or subdivisions, shall
prepare and submit an abbreviated tree
(a) The existing topography of the site
preservation plan. The information for this
highlighting slopes of 15% or greater,
plan may be combined with the site plan, plat
and indicating the natural drainage
drawing, or grading plan. The applicant is
patterns;
expected to show the general location of all
existing groups of trees, individual significant
(b) The property line boundaries of the site;
trees, and to clearly depict the limits of soil
disturbance to include all areas to be graded.
(c) Soils identified according to the Unified
both on and off -site, as well as the proposed
Soil Classification System;
location of utilities. Protective measures
such as fencing, limits of root pruning,
(d) Any significant trees existing on the site,
restriction on traffic and materials storage
and the location of trunks, spread of the
shall be depicted on the plan. A preliminary
canopy, species, diameter at breast
site visit with the urban forester is highly
height (DBH), and the overall health of
recommended before applying for any of the
each significant tree;
above -mentioned permits. The applicant
should consult the City of Fayetteville Tree
(e) Groupings of trees, delineating the
Preservation, Protection, and landscape
edges of the overall canopy, noting the
Manual for details, examples and specific
predominate species, average height,
checklists. Applicants submitting abbreviated
diameter at breast height (DBH), and
tree preservation plans shall not be required
general health of the trees,
to submit either a site analysis plan or
analysis report, nor shall they be required to
(f) All existing utilities and utility
hire architects, engineers, or landscape
easements;
architects to prepare the abbreviated tree
preservation plan.
(g) All perennial and intermittent streams
and creeks that exist on the site or
(4) Analysis report. The applicant shall submit
within 100 feet of the site;
an analysis report detailing the design
approaches used to minimize damage to or
(h) Floodplains and floodways on the site;
removal of existing canopy that were
considered in arriving at the proposed
(i) All existing rightsof-way within and
design. Written justification shall be
surrounding the project site, including
presented as to why individual trees or
any designated trails or bike paths: and,
canopy must be removed. The report shall
also detail proposed on -site mitigation
6) Any other factors that may impact the
options or off -site alternatives, as detailed
design of the site.
below.
(2) Tree preservation plan. The applicant shall
(5) Grading and utility plans. All subsequent
indicate all proposed site improvements, and
grading and utility plans shall depict the tree
delineate in the tree preservation plan the
preservation areas on the site, to include the
trees to be retained onalte, and the
preserved trees and the physical limits of all
measures to be implemented for their
protective measures required during
protection. These measures shall include,
construction.
but need not be limited to, fencing, limits of
root pruning, as well as restrictions on traffic
(6) Submittal requirements. The applicant shall
and material storage. The plan shall also
submit two (2) copies of a site analysis plan
clearly depict the limits of soil disturbance to
and analysis report to the urban forester.
include all areas to be graded both on and
concurrently with their tree preservation plan.
off -site, as well as the proposed location of
Applicants submitting abbreviated tree
utilities. The applicant should consult the
preservation plans shall not be required to
City of Fayetteville Tree Preservation,
submit either a site analysis plan or analysis
Protection and Landscape Manual for
report.
details, examples and specific checklists.
(7) Conservation requirements. The city shall
(3) Abbreviated tree preservation plan.
encourage the use of conservation
Applicants requesting approval of
easements for the added protection of trees
development projects that require building,
preserved or planted to meet percent
,grading, or parking lot permits, but that do
minimum canopy requirements in those
CD167:8
TITLE XV UNIFIED DEVELOPMENT CODE
instances where such would be of mutual
density of 150, two inch (2") caliper
benefit to the applicant and the city,
trees per acre removed.
(I) Request for on -site mitigation
(c) Low priority canopy. When removing
low priority canopy below Me percent
(1) Timing of request for on -site mitigation,
minimum required, the canopy square
Requests to remove trees below the percent
footage removed shall be forested at a
minimum canopy requirement must be
base density of 100, two inch (2') caliper
incorporated with the applicants tree
trees per acre removed,
preservation plan.
(5) Base Density. Compensating for the
(2) Plan requirements The tree preservation
environmental damage caused by removing
plan must graphically represent the species
tree canopy shall be accomplished by
and location for all trees to be planted on-
forestation on a per acre basis. The base
site. It shall also include a chart clearly
density formula used above is based on two
stating the following information:
inch caliper trees. However, the urban
forester may approve the use of trees with
(a) The number of trees requested for
less than two inch (2') caliper for the planting
removal;
of smaller tree species required by spatial
constraints on the site. In such cases, the
(b) The percentage, below the percent
number of trees to be planted may be
minimum canopy requirement they
adjusted in accordance with the species
represent; and,
density table to be found in the City of
Fayetteville Tree Preservation, Protection,
(c) Tree removal due to the grading work
and Landscape Manual, along with
done to create tie backs for roads in the
examples for using the base density formula.
Hillside/Hilltop Overlay District shall be
mitigated by reforesting a minimum of
(6) Preferred species. All trees to be planted
25% of the tie backs pursuant to the
shall be species native to the region, when
landscape manual,
available, and selected from the list of
preferred tree species set forth in the City of
(d) Planting trees in non -canopy areas in
Fayetteville Tree Preservation, Protection,
order to reach the minimum percent
and Landscape Manual. Species selection
canopy requirements for the site is not
shall be based upon the amount of space
allowed in the Hillside/Hilltop Overlay
available for proper growth on the site, and
District,
must be approved by the urban forester.
(e) The species and number of trees to be
(7) Placement of trees. The applicant is
planted based on the forestation
expected to plant trees in locations on the
requirements below,
site where the environmental benefits of
canopy cover are most likely to offset the
(3) Planting details and notes. Planting details
impact of development. Trees shall not be
and notes shall be included on the tree
placed within utility easements, or in other
preservation plan as set forth in the City of
locations where their future protection cannot
Fayetteville Tree Preservation, Protection,
be assured.
and Landscape Manual.
(8) On -site mitigation incentive. If all the
(4) Forestation requirements. The number and
required trees can be located on -site, the
species of trees required for forestation shall
Urban forester may approve up to a twenty
be based upon the quality of the canopy lost:
percent (20%) reduction in the number of
trees lobe planted. Any incentive reductions
(a) High priority canopy. When removing
allowed shall be based upon the following
high priority canopy below the percent
factors:
minimum canopy required, the canopy
square footage removed shall be
(a) The species of the mitigation trees; and,
forested at a base density of 200, two
inch (2") caliper trees per acre removed.
(b) The space needed for the healthy
of trees.
Mid -level priority
(b) Mitl privity canopy. When
removing mid -level priority canopy
(9) Residential On -Site Mitigation. Applicants
required, the canopy square footage
requesting On -Site Mitigation for Residential
removed shall be forested at a base
Subdivisions shall comply with all the
CD167:9
Fayetteville Code of Ordinances
provisions of §167.04 I. 1-7, as well as the
following:
(c) The Applicant shall establish a bona fide
Property Owners Association with a Bill
.(a) The Applicant's Mitigation Plan shall
of Assurance and Protective Covenants
meet or exceed the required number of
sufficient to ensure the continued health
Mitigation Trees based on the
and vitality of the mitigation trees within
Forestation Requirements as set forth at
the subdivision. The Bill of Assurance
§167.041.4.
and Protective Covenants shall be filed
of record with the Circuit Clerk and Ex -
(b) All Plans requesting Residential On -Site -
Officio Recorder of Washington County,
Mitigation shall include a binding three
Arkansas, and file -marked copies
(3) year maintenance and monitoring
thereof shall be provided to the Urban
plan, which shall hold the Applicant
forester prior to Final Plat approval.
responsible for the health of all planted
trees.
(d) Developers requesting mitigation trees
be planted along the street right of way
(i) Approval of a Plan requesting
of a Subdivision shall submit a street
Residential On -Site Mitigation shall
tree planting plan that complies with the
be contingent upon the Applicant
standards outlined in the City of
depositing with the City an
Fayetteville Tree Preservation,
irrevocable Letter of Credit in an
Protection, and Landscape Manual in
amount equal to the estimated cost
order to ensure that new trees planted
of materials and labor for all trees at
are of the highest quality, require low
the time of planting. The irrevocable
maintenance, and do not interfere with
Letter of Credit must cover the
public safety. The species of trees to be
entire three (3) year maintenance
planted shall be selected from the
and monitoring period. Applicant
Approved Street Tree Species List, or
shall submit cost estimates to the
be otherwise specifically approved by
Urban forester for approval.
the urban forester.
(ii) Upon completion of the three year
(I) The Applicant's Mitigation Plan for
landscape establishment period,
planting street trees shall describe
the Urban forester shall inspect the
in detail the method for tracking the
site and determine whether ninety
development of the individual lots,
percent (90%) of the trees are
which shall beat ensure that
healthy and have a reasonable -
required number and species of
chance of surviving to maturity.
Mitigation Trees are planted.
Upon such a finding, the City shall
release the Letter of Credit.
(ii) The applicant shall submit an
annual schedule of the initial
(Ili) In the absence of such a finding,
structural pruning for all Mitigation
the Applicant shall be notified to
Trees planted along street right of
replace any unhealthy or dead
ways with the name and contact
tress, or take other appropriate
Information of the International
action as approved by the Urban
Society of Arboriculture (ISA)
forester. If the Applicant does not
Certified Arborist or pruning service
take remedial steps to bring the
perfom ing the work.
property into compliance, the City
shall use the necessary moneys
(J) Request for off -sire alternatives.
from the Landscape Establishment
Guarantee to do so.
(1) Timing of request for off -sire alternatives.
Requests for offsite alternatives must be
(iv) in the event trees are Injured or
incorporated in, and submitted concurrently
destroyed by natural disasters,
with the applicant's tree preservation plan.
including but not limited to,
tornadoes, straight-line winds, ice
(2) Off -site Preservation. The applicant may
storms, fire, floods, hail, or lightning
seek approval of the urban forester to
strikes, or through the independent
preserve an equal or greater amount of
actions of third parties, the
canopy cover at a site within the city limits
applicant shall be relieved of the
or, with the express approval of the City
responsibility of replanting the tree
Council by its resolution, within one -quarter
or trees so affected,
mile of the Fayetteville city limits.
CD167:10
TITLE XV UNIFIED DEVELOPMENT CODE
money paid into the Tree Escrow
(3) Off --site forestation.
Account to plant trees within the
subdivision along rights -of -ways,
(a) If off -site preservation cannot be
detention ponds, common areas or
achieved, the applicant may seek
other areas where trees can be
approval from the urban forester to plant
protected and have a high probability of
the required number of trees on another
survival to a mature tree. This shall be
site owned by the applicant and located
accomplished once the subdivision is
within the city limits or, with the express
built out or as approved by the urban
approval of the City Council by its
forester.
resolution, within one -quarter mile of the
Fayetteville city limits. A tree
(b) Money contributed in lieu of On -Site
conservation easement must be
Mitigation or Off -Site Forestation shall
conveyed by the applicant to the city to
be paid prior to issuance of a Building
protect any off -site preservation or
Permit on all Commercial, Industrial, or
forestation.
Multi -Family Residential buildings and
prior to Final Plat acceptance for all
(b) An applicant may plant and maintain
Residential and Non -Residential
mitigation trees needed for the
Subdivisions.
applicant's development as to fulfill the
obligation set forth in the Tree
(c) Money contributed under this section:
Preservation and Protection Chapter in
a nearby city park or public right of way
(i) May be used for canopy mitigation,
if expressly approved by City Council
including planting site identification,
Resolution. The City Council shall seek
tree acquisition, planting, and
advice from the Urban Forester, Parks
maintenance, utilizing either City
and Recreation Department staff and
Staff or contract labor,
citizens about the advisability of
forestation of the nearby city park and
(ii) Shall not revert to the general fund
may apply express conditions including
for ongoing operations,
requiring irrigation to be installed and
regular maintenance to be performed by
(d) If it is not possible to plant trees within
the applicant,
the subdivision, planting locations will be
sought in appropriate sites within a one
(4) Tree escrow account Tree preservation on-
(1) mile radius of where the original
site is always the preferred option, with on-
project is located, but If this cannot be
site mitigation, off -site preservation and off-
achieved, the moneys shall be used to
site forestation to be considered in
plant the trees in the park quadrant in
descending order only if the more preferred
which the development took place, or
option cannot be fully achieved. If none of
pursuant to J (2) and (3). Data
these options can completely fulfill a
extracted from the Urban Forest
developer's obligation under this Tree
Analysis should be consulted when
Preservation and Protection Chapter, the
identifying appropriate locations to plant
developer shall pay into the City Tree
escrow funded trees.
Escrow Account $250.00 for each tree
required to meet the Base Density
(e) The City of Fayetteville shall refund the
requirements which fairy represents the
portion of the money contributed under
costs of material and labor to plant a tree,
this section, including the accmed
The developer shall also pay into the Tree
interest that has not been expended
Escrow Fund $425.00 as three years of
seven (7) years from the date of the
maintenance costs to ensure each tree
contribution. Interest shall be based on
survives for that period of time. Tree planting
a four percent (4%) annual rate.
and maintenance costs should be reviewed
at least every four years to ensure it remains
(f) Refunds shall be paid to the Applicant
the fair market costs for tree planting and
who made the original contribution.
maintenance for three years.
(g) Notice of the right to a refund, including
(a) Residential Subdivisions which cannot
the amount of the refund and the
achieve the Base Density tree
procedure for applying for and receiving
requirements through preservation or
the refund, shall be sent or served in
mitigation shall contribute to the Tree
writing to the Applicant no later than
Escrow Account, The City shall use the
thirty (30) days after the date which the
CD167:11
Fayetteville Code of Ordinances
refund becomes due. The sending by (d) In the ovwit tmai are i*s'od or
regular mail of the notices to the
Applicant shall be sufficient to satisfy the
requirement of notice.
(h) The refund shall be made on a pro rata
basis, and shall be paid in full no later oi$nt 011011 be relieved of the
than ninety (90) days after the date
certain upon which the refund becomes trees pre oReetoA.
due.
(I) At the time of the contribution to the Tree
Escrow Account. the Urban forester
shall provide the Applicant with written
notice of those circumstances under
which refunds of such fees will be made.
(K) Tree preservation plan review form. The urban
forester shall use a standardized form for all
recommendations or administrative
determinations made regarding an applicants
tree preservation plan.
Failure to deliver such written notice
(1) The form shall clearly indicate whether the
shall not invalidate any contribution to
urban forester is making a final
the Tree Escrow Account under this
administrative determination, or a
Ordinance,
recommendation to the Planning
Commission or City Council.
":.......
_
_
Commented lDi : This is under the heading-
'
(2) The form shall also clearly indicate the
�, but alsa requiremera that clearly
applicants plan is "APPROVED;'
applies to botonaite ANDoffelleforestallon. lthinkthls
"DISAPPROVED," or "CONDITIONALLY
would makemaresenseandfiow moreaccuratelyaitwcre in
APPROVED: and explain the reasoning
itso ,subeectoo.';Sea new 167.10.
therefore.
(3) A statement shall appear on the form
explaining the process by which a final
administrative determination may be
appealed in accordance with Chapter 155 of
the Unified Development Code.
(4) The urban forester shall sign and date the
form, and ensure that a copy becomes part
of the permanent file for the project.
(L) Continuing preservation and protection under
approved free preservation plans.
(1) In order to ensure that an applicant's heirs,
successors, assigns, or any subsequent
purchasers of the subject property are put on
notice as to the existence and extent of an
approved tree preservation plan, tree
preservation areas shall be clearly depicted
on the easement plats for large scale
developments and the final plats for
nonresidential subdivisions. This shall be
accompanied by a narrative statement
describing the nature of the protection
afforded, and bearing the signature of the
urban forester. Lots in residential
subdivisions are expressly exempt from
these requirements. If it is impractical to
include the actual depiction of the canopy to
be preserved on the easement plat, or final
plat itself, a note cross referencing an
accompanying document shall suffice.
CD167:12
TITLE XV UNIFIED DEVELOPMENT CODE
(2) The geographic extent and location of tree
preservation areas, once recorded, may only
be modified, or abolished with the express
approval of the City Council. Applicants
requesting such action shall bear the burden
of proving to the City Council's satisfaction
that such modification or abolition is in the
best interest of the City of Fayetteville. Such
requests shall be submitted to the urban
forester, who shall ask the city clerk to place
it on the agenda of the next regularly
scheduled City Council meeting.
(3) Property owners wishing to remove diseased
or dead trees from within a recorded tree
preservation area shall seek prior approval
from the urban forester, who shall determine
if such removal is consistent with sound
arbortcultural and horticultural practices, as
well as the intent of this chapter. Any tree so
removed shall be replaced with a tree of like
or similar species, unless the urban forester
determines that natural replacements of
sufficient health and vigor are already
present in the tree preservation area.
(Code 1991, §162.10; Ord. No. 2699, §10, 4-20.93; Ord. No.
3901, §1, 7.5-95; Ord. No. 3963, §6,4.16.96; Ord. No. 4100,
§2 (Ex. A), 6-16-98; Ord. No. 4340,10-2-01; Ord. No. 4539
02-03-04; Ord. 4855, 4.18-06; Ord. 4930, 10-03-06; Ord.
5308. 316-10; Ord. 5312. 4-20-10; Oct. 5427; 8-2-11; Oct.
5513,7-17-12 Oct. 5773,5-19-15)
167.05 Tree Protection Measures And
Construction
(A) Site inspection. A preliminary site Inspection
followed by periodic inspections will be
conducted by the urban forester to ensure
compliance with the tree preservation plan.
(B) Tree protection. Tree preservation areas shall be
protected from construction activity to prevent
impingement by or the storage of construction
vehicles, materials, debris, spoils or equipment in
tree preservation areas. No filling, excavating or
other land disturbance shall take place in tree
preservation areas. Before commencing any
construction activity, the applicant shall construct
tree protection barriers on the site along the Use
dripline or 10 feet from the trunk, whichever is
greater. The applicant shall also post signs at
each tree preservation area in accordance with
the standards, specifications and guidelines
provided in the City of Fayetteville Tree
Preservation, Protection, and Landscape Manual.
The urban forester may require other protective
measures based upon the individual
characteristics of the site and the proposed
construction methods. Tree protection measures
shall also protect any off -site trees the roots of
which extend onto the site of the proposed
construction. Any applicant damaging or
destroying an off -site tree shall be required to
mitigate such damage or destruction as
prescribed by the urban forester. If the required
barriers surrounding the tree preservation areas
are not adequately maintained during
construction, the urban forester shall prescribe
remedial measures, and may issue a stop work
order in accordance with § 153.07(C). All
remedial measures shall be completed within the
specified amount of time and shall be considered
prior to granting final plat approval or issuing a
certificate of occupancy.
(Code 1991, §162.11; Ord. No. 3699, §11,4-20.93; Ord. No.
3925, §8,10-3-95; Ord. No. 3901. §1,7-545; Ord. No. 3963,
§7,4-16-96; Ord. No. 4008, §1, 12-17-96; Ord, No. 4100, §2
(E. A), 6-16-98; Oct. No. 4340, 10-2-01)
167.06 Tree Planting, Maintenance And
Removal On Street Rights -Of -Way And
Other Public Grounds
(A) Follow the Tree Preservation, Protection, and
Landscape Manual. All tree planting.
maintenance or removal on public grounds shall
follow the standards, specifications and
guidelines provided in the City of Fayetteville
Tree Preservation, Protection, and Landscape
Manual.
(B) Tree planting. Trees maybe planted within street
rights -of -way or on other public grounds only
after notification to the urban forester; and
provided the selection and location of said trees
are in accordance with the requirements.
(C) Tree removal. Trees shall not be removed from a
street right-of-way or other public grounds unless
approval is received from the urban forester, with
the exception that city employees may remove
trees when necessary to accomplish emergency
repairs to sewer or water systems, or in order to
alleviate flooding.
(D) Damage to trees. It shall be a violation of this
chapter to damage, destroy or mutilate any tree
in a public right-of-way or on other public
grounds, or attach or place any rope or Wire
(other than one to support a young or broken
tree or limb), sign, poster, handbill or any other
thing to any such tree.
(E) Top a cutback to stubs. It shall be unlawful for
any person to top or cutback to stubs the crown
of any Wee in street rights -of -way or on other
public grounds.
(F) Reserved rights. The city reserves the right to
plant, preserve, prune, maintain or remove any
tree within the street rights -of -way, alleys,
squares, and all public grounds when such
CD167:13
Fayetteville Code of Ordinances
interferes with the proper spread of light along
the street from a street light, or interferes with
visibility of any traffic control device or sign, or as
may be necessary to preserve or enhance the
symmetry and beauty of such public grounds.
(G) Line of sight Trees shall not be planted to
conceal a fire hydrant from the street or impede
the line of sight on any street.
(H) Slam damage. Trees severely damaged by
storms, or other accidental causes, where
required pruning practices are impractical are
exempt from this chapter..
(I) City employees. Before cutting, pruning,
removing or trimming any tree, city employees
performing tree work on public grounds shall
attend an educational workshop on basic tree
pruning. A certificate will be issued when an
individual has successfully completed the
workshop.
(J) Public utilities. Nothing in this section shall be
construed to prohibit public utilities from pruning
or removing trees that encroach upon electric,
telephone, or cable television transmission lines,
or gas, sewer or water pipes.
(code No. 1991, §162.07; Ord. No. 3699, §6. 4-20-93; Ord.
No. 3901, §t. 7-5-95; Ord. No. 3963, §5, 4.18-96; Ord. No.
4100, §2 (Ex. A). 6-16-98; Ord. No. 4340,10-2-01).
167.07 Commercial Tree Pruner/Service;
Certificate And Insurance Required
(A) Certificate required. Before cutting, pruning,
removing, or trimming any tree within the City of
Fayetteville, the owner and supervisory
personnel of each business performing
commercial tree work shall obtain a city issued
commercial tree pruner/service certificate.
(B) Liability insurance. Each business performing
commercial tree work, to Include tree surgery,
within the City of Fayetteville, shall be required to
carry liability insurance In the following minimum
amounts:
(1) General aggregate: $100,000.00
(2) Personal & advertising: $100,000.00
(3) Each occurrence: $100,000.00
Proof of coverage shall include the name of the
insurance company issuing the policy, the name
of the Insured, the policy number, effective and
expiration dates, and the signature of an
authorized representative of the insurance
company.
(C) Workshop. Owners and supervisory personnel
shall attend an educational workshop on basic
tree science and the proper techniques of tree
pruning; or shall demonstrate sufficient
knowledge of basic tree science and the proper
techniques of tree pruning by scoring 75% or
higher on a test provided by the International
Society of Arboriculture (I.S.A.).
(D) Certificate issuance. A certificate shall be issued
when an individual has successfully completed
the workshop or scored adequately on the test.
(E) Job site. It shall be the responsibility of the
business owner to ensure that a copy of the
certificate is maintained at each job site.
(F) Supervision. All persons engaged in the
business of trimming trees shall be under the
supervision of a certified tree pruner/service.
(G) Worker's compensation. Those individuals
performing commercial tree work on public
grounds shall comply with all workers
compensation requirements as set forth under
Arkansas law and shall hold a city issued
commercial tree prunerlservice canificate.
(H) Licensure. Those individuals performing free
surgery shall comply with licensors requirements
as set forth under Arkansas law.
(Code 1991, §162.13; Ord. No. 3699, §14,4.2093; Ord. No
4100, §2(Ex. A), 6-1698; Ord. No. 4340. 10-2-01)
167.08 Hazardous Trees
(A) Pruning. Every owner of any tree overhanging a
street or sidewalk within the city is responsible for
pruning the branches so that such branches shall
not obstruct vehicles or pedestrians.
(B) Order or removal. The mayor, or his/her duly
authorized representative, is hereby authorized to
order the owner of any real property within the
city to cause the removal of any dead or
diseased tress on their property, and further, to
order compliance, when such trees constiWte a
hazard of life and property, or harbor insects
which constitute a potential threat to other trees.
Whenever any such condition is found to exist,
the mayor, or his/her duly authorized
representative, shall send written notice via first
class mail to the properly owner ordering the
performance of such acts within 20 days. If the
property owners identity or whereabouts are
unknown, a copy of the written notice shall be
posted upon the premises.
(C) Noncompliance. It shall be unlawful for any
person to fail a refuse to comply with any order
and notice given pursuant to this section.
CD167:14
TITLE XV UNIFIED DEVELOPMENT CODE
(D) Removal by city. If the conditions described in a
notice given, as set forth above, are not removed
or corrected within 20 days after such notice
given, the mayor, or hismer duly authorized
representative, is hereby authorized to enter
upon the property and do whatever is necessary
to correct or remove the conditions described in
the notice. The costs of correcting said
conditions shall be charged to the owner or
owners of the property and the city shall have a
lien against such property for the costs.
Enforcement of the lien shall be set forth in
§95.03 of the Fayetteville Code of Orfinances.
Such action shall not be taken if the owner has
evidenced a willingness to comply by hiring a
qualified tree service before the expiration of the
20 day period.
(Code 1991, §162.06; Oct. No. 3699, §6,4-20-93; Ord. No.
3963. §4.4-16-96; Ord. No. 4100, §2 (Ex. A), 6-1658; Ord.
No. 4340.10-2-01)
167.09 Local Disaster Emergency
If it becomes necessary for the mayor to declare a
local disaster emergency pursuant to A.C.A. §12-75-
108(b)(2). the provisions of this chapter may be
suspended for up to 30 days, if strict compliance with
its provisions would prevent, hinder, or delay actions
necessary to cope with the disaster emergency.
(Ord. No. 4316, 65-01; Ord. No. 4340; 10-2-01)
167.10. Tree Maintenance Agreements
(A) Maintenance agreement and landscape
establishment guarantee. All plans requiring
street trees per 177.05 shall include a binding
three year maintenance and monitoring plan,
which shall hold the applicant responsible for the
health of all planted trees.
(1) Approval of a plan requesting on -site
mitigation or off -site forestation shall be
contingent upon the applicant depositing with
the city either currency, bond irrevocable
letter of credit or other surety, in an amount
equal to the estimated cost of materials and
labor of trees at the time of planting. The
bond, Irrevocable letter of credit, or other
surety must cover the entire three year
maintenance and monitoring period. The
applicant shall submit cost estimates to the
urban forester.
(2) Upon completion of the three year landscape
establishment period, the urban forester
shall Inspect the site and determine whether
90% of the trees are healthy and have a
reasonable chance of surviving to maturity.
Upon such finding, the city shall release the
currency, bond, or letter of credit,
(3) In the absence of such a finding, the
applicant shall be notified to replace any
unhealthyordead.. trees, or take other
appropriateaction as approved by the urban
forester. If the applicant does not take
remedial stepstobring the property Into
compliance, the city shall use the necessary
monies from the landscape establishment
guarantee to do so.
(4) In the event trees are injured or destroyed by
natural disasters, including but not limited to,
tornadoes, straight-line winds, ice storms,
fire, floods, hail, or lightning strikes, or
through the independent actions of third
parties, the applicant shall be relieved of the
responsibility of replanting the tree or trees
so affected.
(5) However, In lieu of cash surety, letter of
credit, or bond, the monitoring and
maintenance requirement may also be met
through proof of a three year tree
maintenance contract with a landscape
contractor approvedby. the Urban Forester.
The contract shall name the City of
Fayetteville as a thirdparty beneficiary. This
fully executed contract shall contain:.
(a) itemized proof of payment or charge for
3 years of watering and maintenance for
each required tree.
(b) a .Clause thatrequiresthat if the
approved contract is breached, the
developer shall either immediately
supply an acceptable replacement
maintenancecontract or shall deposit
into the Citys tree escrow account the
normal original amount set forth in
section 167.04(J)(4),.
(c) after inspection by the Urban Forester at
the end of thethree year period, if the
Urban Forester determines that less
than 90% of the frees are found healthy
and with a reasonable chance of
surviving to maturity, the trees shall be
replaced by the developer within 60
days of notice from the Urban Forester.
If the developer tails to comply, the City
would recover losses as outlined in the
contract'
167.4411-167.99 Reserved
CD167:15
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
177.10 TREE MAINTENANCE AGREEMENTS......................................................................................
12
177.11 -177.99 RESERVED....................................................................................................................
12
CD177:1
Fayetteville Code of Ordinances
CD177:2
TITLE XV UNIFIED DEVELOPMENT CODE
CHAPTER 177: LANDSCAPE REGULATIONS
177.01 Purpose
(1) Sufficient landscaping shall provide
beautification, soil stability and suitable
(A) It is the purpose of this chapter to preserve and
drainage.
protect the health, safety, and general welfare,
(2) Trees, shrubs, groundcover and grass shall
preserve and enhance the natural beauty of
g and
be the primary source landscaping
Fayetteville, and create an attractive,
shall be retained and/or placed in n s a
environmentally sound and healthy urban
manner as to reduce water runoff and
landscape for the residents of the City of
provide for sate sight distances at
Fayetteville to enjoy by providing for regulations
intersections and points of access.
of the design, planting, establishment and
maintenance of spaces impacted by
(3) The current property owner shell properly
developmental practices.
maintain all landscaping and shall replace
(8) The standards found within this chapter
any landscaping that dies or is damaged.
accomplish these purposes with existing and new
Landscaping that dies or is damaged shall
be removed and replaced by the current
vegetation by:
owner of the property. The owner shall have
(1) Promoting the beautification of the City of
sixty (60) days from the receipt of written
Fayetteville and enhancing its aesthetic
notice issued by the City of Fayetteville to
quality;
remove and replace any required
landscaping that dies or is damaged.
(2) Promoting reasonable conservation and
(4) Native vegetation is preferred. Vegetation
replenishment of valued tree canopy and
requiring minimum watering is also
vegetation;
preferred.
(3) Aiding in restoring ecological balance by
(5) Preservation is primary; therefore
contributing to air purification, oxygen
rted attempt
landscaping shall make a conceded
regeneration, and ground water recharge:
incorporate existing on -site trees and
(4) Providing for vegetation to reduce storm
s
shrubbery.
water runoff and the potential damage it may
(6) people tg outdoorthis spaces and for
create;
people to gather is strongly encouraged. .
(5) Achieving a meaningful urban landscape
while permitting economically feasible urban
(7) The City of Fayetteville's Landscape Manual
development to occur.
shall be used in support of this chapter to
explain specific objectives and principles and
(6) Creating a healthy environment for
to provide a resource for guidance in
Fayetteville residents, businesses, and
implementing all landscape plans.
industries;
(Om. 4917, 9-06-06)
(7) Moderating the harmful effects of sun, wind,
and temperature changes;
177.02 City Of Fayetteville Tree
(8) Buffering noise, air and visual pollution;
Preservation, Protection And Landscape
Manual
(9) Screening incompatible land uses and
The Urban Forester, in cooperation with other
enhancing the appearance of parking lots in
members of city staff, shall promulgate and
all zoning districts;
periodically revise forms, procedures and regulations
to implement this chapter and publish this information
(10) Promoting energy conservation; and
in the City of Fayetteville Tree Preservation,
Protection, and Landscape Manual.
(11) Protecting and enhancing property values.
(A) Copies of the Tree Preservation, Protection, and
Landscape Manual are to be made readily
(C) Principles. This chapter shall be enforced
available to the public and shall include, but need
according to the following principles:
not be limited to:
CD177:3
Fayetteville Code of Ordinances
(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; 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.
CD177:4
(C) Submittal of plans. The following information
shall be included with a landscape plan submittal:
(1) The date, scale, north avow, project name,
name of Landscape Architecddesigner 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 Gmdingrfree 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, bee islands,
urban tree wells, foundation plantings
and free-standing beds.
TITLE XV UNIFIED DEVELOPMENT CODE
(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.
(e) Acceptable species of trees am listed
within the City of Fayettevilles
Landscape Manual.
(1) 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.
(Ord. 4917,9-0506)
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.
(1) Separafbn 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.
CD177:5
(2) Vehicle overhangs. A portion of a standard
parking space may be landscaped instead of
paved to meetpart of the landscaping
requirement. The landscaped area may be
up to Iwo 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.
Fayetteville Code of Ordinances
(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.
(e)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) Inferior 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.
CD177:6
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(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.
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(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.
TITLE XV UNIFIED DEVELOPMENT CODE
(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 fight -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 bemms. 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) nee 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
herein, shall be exempt from this
new trees impracticable. In cases of
requirement.
existing overhead power lines, small
trees shall be planted that will not
(e) Shade. All tree planting locations shall
interfere with the existing power lines.
attempt to achieve shade for parking
Species selection shall be approved by
lots, cars, benches, pedestrian
the Urban Forester.
walkways, etc.. by utilizing aspect and
(4) Shrub Planting.
CD177:7
Fayetteville Code of Ordinances
(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
free 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, 6-3-10)
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.
(I) 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 ens sf the MewMg
along all newly created public and
,..
private streets within the development
_
reqest othe develpt ecec
site. eAt Urban specific
the on may exemptwhere
_
vkkMl in
76i91(JXI) a surety or contract, as
reqire
areas from required tree planting wh
s
outlined in 177.10.
the terrain or existing trees make the
planting of new trees impracticable.
(g) Upon completion of the three (3) year
Examples include, but are not limited to:
landscape establishment period, the
Urban Forester shall inspect the site and
(1) Where the finish grade slope In the
determine whether ninety (90%) percent
planting area between the top back
of the trees are healthy and have a
of the street curb and the property
reasonable chance of surviving to
line is in excess of thirty (30%)
maturity. Upon such a finding, the City
percent
of Fayetteville shall release the
currency, bond or letter of credit.
(Ii) Where bedrock is encountered with
in thirty (30) inches of finish grade
(h) In the absence of such a finding, the
in the planting area between the top
developer shall be notified to replace
back of the curb and the property
any unhealthy or dead trees, or take
line,
other appropriate action as approved by
the Urban Forester. If the developer
CD177:8
TITLE XV UNIFIED DEVELOPMENT CODE
does not take remedial steps to bring
(d) Street Tree Planting Plans shall be
the property into compliance, the City of
submitted with the plans submitted for
Fayetteville shall use the necessary
development or subdivision approval by
monies from the Landscape
the Planning Commission, in
Establishment Guarantee to do so.
accordance with the options listed
herein.
(i) In the event trees are injured or destroyed
by natural disasters, including but not
(e) A written description of the method(s)
limited to, tornadoes, straight-line winds,
and time frame the project will utilize to
ice storms, fire, floods, hail or lightning
track development of each individual lot
strikes, or through the Independent
shall be submitted by the developer to
actions of their parties, the developer
ensure the required street trees are
shall be relieved of the responsibility of
planted and their longevity of health
replanting the tree or trees so affected.
assured.
(j) Contain such other information as may
(B) Sheet Tree Planting Plan Requirements for
be required to reflect how the plan
Proposed Residential and Non -Residential
addresses the remaining policies within
Subdivisions.
the Landscape Manual.
(1) Residential Subdivisions. Submittals for all
(3) Street tree plantings that are above and
proposed residential subdivisions shall
beyond the requirements as established
include a street tree planting plan at the time
herein may count as on -site Tree Mitigation,
of final plat submittal.
with approval of the Urban Forester.
(a) A minimum of one (1) two-inch caliper,
(4) Timing of planting. The Urban Forester shall
large species tree per lot shall be
recommend to the Planning Commission the
planted.
option that will potentially result in
accomplishing the most objectives of this
(b) Street trees shall be planted within or
chapter.
along the right-of-way; where possible,
between the sidewalk and the curb.
(a) Street Tree Planting with infrastructure
Location shall be approved by the Urban
(subdivisions only). The developer may
Forester. Refer to the Landscape
choose to provide a landscape plan that
Manual for spacing requirements.
conforms to the regulations herein, with
all landscaping along streets to be
(2) Non -Residential Subdivisions. Submittals for
installed prior to final plat approval and
all proposed non-residential subdivisions
acceptance of public improvements
shall Include a street tree planting plan at the
associated with the development. If
time of final plat submittal, or in accordance
planted prior to final plat approval, the
with the option approved for Timing Of
developer shall provide proper
Planting as required by this chapter.
measures to ensure the longevity of
health of all planted trees during
(a) A minimum of one (1) two-inch caliper,
development of individual lots; or
large species tree per 30 linear feet of
frontage shall be planted.
(b) Street Tree Planting with development
(subdivisions only). The developer may
(b) Street trees shall be planted within the
choose to provide a landscape plan that
required landscape area. Location shall
conforms to the regulations herein only
be approved by the Urban Forester.
to the extent that future development on
Refer to the Landscape Manual for
lots created by the subdivision shall be
spacing requirements.
responsible for individual landscape
plans as each lot develops.
(3) Optional Street Tree Planting Plan for Urban
Streetscapes.
(c) Street Tree Planting with concurrent
development Where development
The Street Tree Planting Plans of
approval is . requested (large scale,
subsections (1) and (2) may be replaced by
building permit, parking lot permit, etc),
an urban streetscape including sidewalks at
the developer shall provide a detailed
least eight feet wide from curb to building. At
landscape plan that conforms to the
the time of developmental submittal, the
regulation established by this chapter.
proposed urban streetscape shall include a
CD177:9
Fayetteville Code of Ordinances
street tree planting plan in compliance with
the following requirements:
(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 that
adequate spacing, access and visibility
are maintained. 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 three feet (3'); the
minimum area shall be 15 square feet.
This option is only permitted to allow
trees planted within wide sidewalks, in a
downtown/urban fashion. Size and
shape of urban tree well shall be
approved by the Urban Forester.
(d) Tree wells shall be covered with either a
tree grate or some form of permeable
pavers, (block 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.
(g) Development applications approved for
the use of Urban Tree Wells shall not be
required to provide additional
landscaped area exclusive of the right.
of -way.
(Ord. 4917, 9-05-06; Ord. 5003.4-17.07; Ord5057,9.04-
07; Ore. 5513,7-17-12)
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 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 am 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.
Gress 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 am stormwater facilities
that do not have standing water for more than a
few hours per storm event. Vegetation helps
improve infiltration functions, protects from min
and wind erosion and enhances aesthetic
conditions.
CD177;10
(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:
TITLE XV UNIFIED DEVELOPMENT CODE
(I) Evergreen trees: Minimum height (C) Temporary Seeding. Temporary Seeding is
of six (6) feet. required where exposed soils are not to be fine
graded for periods of twenty (20) days or more.
(ii) Deciduous trees: Minimum caliper Such areas include denuded areas, soil
of one and a half (1%:) inch at six stockpiles, dikes, sides of sediment basins,
(6) inches above the base, temporary roadbanks and parking areas, storage
areas, etc.
(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.
(D) 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.
(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
(2) Landscape materials on graded slopes shall
other required erosion control measures.
be designed to be compatible with adjacent
natural vegetation and shall be suitable for
(2) Landscape materials shall be designed to be
the climatic, soil and ecological
compatible with adjacent natural vegetation
characteristics of the area. Non-invasive,
and shall be suitable for the climatic, soil and
drought tolerant materials shall be selected
ecological characteristics of the area.
as approved by the Landscape
Administrator.
(Ord. 4917, 9-05-06)
CD177:11
Fayetteville Code of Ordinances
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.
(5) However, in lieu of cash surety, letter of
credit, or bond, the monitoring and
maintenance requirement may also be met
through proof of a three year tree
maintenance contract with a landscape
contractor approved by the Urban Forester.
The contract shall name the City of
Fayetteville as a third party beneficiary. This
fully executed contract shall contain:
(a) itemized proof of payment or charge for
3 years of watering and maintenance for
each required tree.
,177.10 Tree Maintenance Agreements
- - - (b)ap decree cont -requires -that -If- -the-
commented [bedli 177.09 has been reserved for the
(A) Mernfenance agreement and landscape
r
approved contract Is breached, the
177.09. Invasiveouncil pecies amendment, anticipated for
introduction to Council at the November 3d meeting by
establishment guarantee. All plans requiring
developer shall either immediately
supply an acceptable replacement
Sustainability8 Resilience staff:
street trees per 177.05 shall include a binding
maintenance contract or shall deposit
three year maintenance and monitoring plan,
into the City's tree escrow account the
which shall hold the applicant responsible for the
normal original amount set forth in
health of all planted trees.
section 167.04(JX4).
(1) Approval of a plan requiring street trees shall
be contingent upon the applicant depositing
with the city either currency, bond
irrevocable letter of credit or other surety, in
an amount equal to the estimated cost of
materials and labor of trees at the time of
planting. The bond, irrevocable letter of
credit or other surety must cover the entire
three year maintenance and monitoring
period. The applicant shall submit cost
estimates to the urban forester.
(2) Upon completion of the three year landscape
establishment period, the urban forester
shall inspect the site and determine whether
90% of the trees are healthy and have a
reasonable chance of surviving to maturity.
Upon such finding, the city shall release the
currency, bond, or letter of credit.
(3) In the absence of such a finding, the
applicant shall be notified to replace any
unhealthy or dead trees, or take other
appropriate action as approved by the urban
forester. If the applicant does not take
remedial steps to bring the property into
compliance, the city shall use the necessary
monies from the landscape establishment
guarantee to do so.
(4) In the event trees are injured or destroyed by
natural disasters, including but not limited to,
tornadoes, straight-line winds, ice storms,
fire, floods, hail, or lightning strikes, or
through the independent actions of third
parties, the applicant shall be relieved of the
responsibility of replanting the tree or trees
so affected.
(c) after Inspection by the Urban Forester at
the end of the three year period, If the
Urban Forester determines that less
than 90% of the trees are found healthy
and with a reasonable chance of
surviving to maturity, the bees shall be
replaced., by the developer within 60
days of notice from the Urban Forester.
If the developer fails to comply, the City
would recover losses as outlined in the
contract."
177.9911-177.99 Reserved
C0177:12
Newly revised Page 3 of Exhibit A
TITLE XV UNIFIED DEVELOPMENT CODE
(D) Removal by city. If the conditions described in a (3) Inthe absence of . such a finding, the
notice given, as set forth above, are not removed applicant shall benotified to replace any
or corrected within 20 days after such notice unhealthy or dead trees, a take other
given, the mayor, or his/her duly authorized appropriate action as: approved by the urban
representative. is hereby authorized to enter forester. If the applicant does not take
upon the property and do whatever is necessary remedial steps to bring the property into
to correct or remove the conditions described in compliance, the city shall use the necessary
the notice. The costs of correcting said monies from the landscape establishment
conditions shall be charged to the owner or guarantee to do so.
owners of the property and the city shall have a
lien against such property for the costs. (4) In the event trees are injured or destroyed by
Enforcement of the lien shall be set forth in natural disasters, including but not limited to,
§95.03 of the Fayetteville Code of Ordinances. tornadoes, straight-line winds, ice storms,
Such action shall not be taken if the owner has fire, floods, had, or lightning strikes, or
evidenced a willingness to comply by hiring a through the independent actions of third
qualified tree service before the expiration of the parties, the applicant shall be relieved of the
20 day period. responsibility of replanting the tree or trees
so affected.
(Code 1991, §162.06: Ore. No. 3899, §6. 4-20-93; Ord. No.
3963, §4,4-15-96; Ord, No. 4100, §2 (Ex. A). 6-165e; Ord. (5) However, in lieu of cash surely, letter of
No. 4340,10-2-01) credit, or bond, the monitoring and
167.09 Local Disaster Emergency
If it becomes necessary for the mayor to declare a
local disaster emergency pursuant to A.C.A. §12-75-
106(b)(2), the provisions of this chapter may be
suspended for up to 30 days, if strict compliance with
its provisions would prevent, hinder, or delay actions
necessary to cope with the disaster emergency.
(Ord. No.4316. 6501; Ord, No.4340; 10-2-01)
167.10 Tree Maintenance Agreements
(2) Upon 'completion of the three year landscape
establishment period, the urban forester
shall inspect the site and determine whether
90% of the tees 'are 'healthy and have a
reasonable, chance of surviving to maturity.
Upon such finding, the city shall release the
wrrency, bond, or lelterof credit:.
Provided in lieu of
original, as correction.
(a): itemized pros of payment or charge' for
3 years of watering and maintenance for
each required tree.
(b) a clause that requires that If the
approved contract is breached, the
developer shall: either Immediately
supply an acceptable replacement
maintenance contract or shall deposit
into the ,Citys tree escrow account the
normal original amount set : -forth in
section 167.04(J)(4).
167.4811-167.99 Reserved
CD167:15
This page was replaced in the final agenda packet.
TITLE XV UNIFIED DEVELOPMENT CODE
(D) Removal by city. If the conditions described In a
notice given, as set forth above, are not removed
or corrected within 20 days after such notice
given, the mayor, or hisiber duly authorized
representative, is hereby authorized to enter
upon the properly and do whatever Is necessary
to correct or remove the conditions described in
the notice. The Costs of correcting said
conditions shell be charged to the owner or
owners of the property and the city shall have a
lien against such property for the costs.
Enforcement of the lien shall be set forth In
§95.03 of the Fayetteville Code of Ordinances.
Such action shall not be taken If the owner has
evidenced a willingness to comply by hiring a
qualified tree service before the expiration of the
20 day period.
(63, §4, 4-1§162.06; Ord. 6-96; Ord. No. 4100, §2 §6Fa N0�6 98: Ord.
No, 4340, 10-2-01)
167.09 Local Disaster Emergency
If it becomes necessary for the mayor to declare a
local disaster emergency pursuant to A.C.P. §12-75-
108(bX2), the provisions of this chapter may be
suspended for up to 30 days, if soot compliance with
its provisions would prevent, hinder, or delay actions
necessary to cope with the disaster emergency.
(Ord. No.4316, 65.01; Ord. No. 4340; 10-2-01)
167.10 Tree Maintenance Agreements
(A) Maintenance agreement and landscape
ealabr4shnanf. guarantee. All, plans requiring
street trees per 177.05 shig Include a binding
Sees year maintenance and monitoring Wan.
which shall hold the applicant responsible for the
health of all planted bees.
(1) Approval of a plan requesting on -sue
mitigation or off -site forestation shall be
Contingent upon the applicant depositing with
the city either currency, bond Irrevocable
letter of pact or other surely, in amount
equal to the estimated cost of materials end
labor of trees at the time' of planing. The
bond, irrevocable letter of credit, or other
surety mush cover the entire three year
maintenance and monitoring period. The
applicant -nag Submit Cost estimates to the
urban orestar,
(3) In the absence of such a finding, the
applicant- Shall be notified to replace any
unhealthy or dead trees, or take other
appropriate action as approved by the urban
forester- If the applicant does not take
remedial steps to bring the property Into
compliance. the city shag use the necessary
monies from the landscape esteblbtnent
guarantee to do so,
(4) In the event -trees are Injured or destroyed by
natural disasters, including but not Ihnled to,
tornadoes, Straight-line winds. tee, storms.
fire, floods, hat. or tighthing strikes. or
through the Independent action of third
parties, the applicant shall be relieved of the
respoms@igty of -replanting the tree or trees
so,afrected.
(5) However; Si lieu of cash surety, letter of
Credit,. or bond, the monitaing and
maintenance requirement may also be and
through proof of- a three year bee
maintenance contract with a landscape
contractor approved by the Urban Forester,
The contract shall name the City of
Fayetteville es -a lard party beneficiary, This
fully executed contract shell contain;
(a) itemized proof of payment or charge for
3 years of watering and maintenance for
each required bee.
(b) a dame that requires that If the
approved contract is breached, the
developer shall. either Immediately
supply an acceptable replacement
maintenance contrail or shall deposit
Into that City's tree escrow account the
normal original amount set forth In
section 167,04(JX4).
(c) alter Inspection by the Urban Forester at
the end of erethree year period. If the
Urban Forester deteminesthat less
than 90% of the bees are found healthy
and with a reasonable chance of
surviving to maturity. the trees Shall be
replaced by the developer within 60
days of notice from the Urban Forester.
If the developer -fails to comply, the City
would recover losses as Outlined in the
contract'
(2) Upon completion of -the three year landscape
establishment period, the urban forester
stag Inspect the site and determine whether
90% of the trees are healthy and have, a 167.4011-167.99 Reserved
reasonable chance of surviving to maturity.
Upon such fvidng, to city shall release the
aerency, bond, or letter of credit.
C0167:15
NORTHWEST ARKANSAS
Democrat VC5azette
P.O. BOX 1607. FAYETTEVILLE, AR, 72702 ^ 479-442-1700 • FAX: 479-695-1118 - WWW.NWADG.COM
RECEIVED
AFFIDAVIT OF PUBLICATION
II�VLTfli
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
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. 5818
Was inserted in the Northwest Arkansas Democrat
Gazette on:
October 29. 2015
Publication Charges: $ 110.25
Cathy Wile
Subscribed and sworn to before me
This If day of I t)v. , 2015.
Nbtafy Public
My Commission Expires: jQ�t
2 AUBIic
Please do not pay from Affidajit',-1nMi W1 a sent-
C- '`,?01241 1- ' r`: