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HomeMy WebLinkAboutOrdinance 5427 ORDINANCE NO. 5427 AN ORDINANCE TO AMEND CHAPTER 167: TREE PRESERVATION AND PROTECTION OF THE UNIFIED DEVELOPMENT CODE BY REPLACING ALL REFERENCES TO "LANDSCAPE ADMINISTRATOR" WITH "URBAN FORESTER", ALLOWING INCREASED FLEXIBILITY FOR OFF-SITE PRESERVATION AND FORESTATION AND FOR OTHER REASONS WHEREAS, the City no longer has a "landscape administrator", but has incorporated all duties of that position into the City's "urban forester" so the Tree Preservation and Protection Chapter should be updated to refer to the "urban forester"; and WHEREAS, the environmental and aesthetic value of trees can extend at least a quarter mile especially for trees in riparian areas; and WHEREAS, the City Council should have the power to grant a landowner the right to use off-site preservation or forestation up to one-quarter mile from the city limits if the owner conveys a tree conservation easement to the City of Fayetteville. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 167: Tree Preservation and Protection of the Unified Development Code by replacing all references to "landscape administrator"with"urban forester"throughout this Chapter. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §167.04 Tree Preservation and Protection During Development by repealing subsections (J)(2) and (3) in their entireties and enacting replacement subsections (J)(2) and (3) as shown below: "(J)(2) Off-site preservation. The applicant may seek approval of the urban forester to preserve an equal or greater amount of canopy cover at a site within the city limits or, with the express approval of the City Council by its resolution, within one-quarter mile of the Fayetteville city limits. Page 2 Ordinance No. 5427 "(3) Off-site forestation. If off-site preservation cannot be achieved, the applicant may seek approval from the urban forester to plant the required number of trees on another site owned by the applicant and located within the city limits or, with the express approval of the City Council by its resolution, within one-quarter mile of the Fayetteville city limits. A tree conservation easement must be conveyed by the applicant to the city to protect any off-site preservation or forestation." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends §167.03 Tree Registry by repealing it in its entirety and enacting a replacement §167.03 Tree Registry and Urban Forest Analysis as shown in Exhibit A. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends §167.04(J)(4) Tree escrow account by repealing subsection (4)(a) and (4)(d) in their entireties and enacting replacement subsections (4)(a)and (4)(d) as shown on Exhibit B. PASSED and APPROVED this 2"d day of August, 2011. APPROVED: ATTEST: By: — By: Y�1nt�1N 6; &WA O ELD J60WN, Mayor SONDRA E. SMITH, City Clerk/Treasurer iWTR 'ly FAY ET>EVILLE: L '�.9sryGktlNS GpJ� JJS///J/11I�1��j1L```6 EXHIBIT "A" 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, may be registered in the City of Fayetteville's tree registry. It shall be the duty of the urban forester to maintain and keep this registry on file in the urban forester's office. (B) Voluntary registration. Registration of trees shall be voluntary and may be done by the owner(s) of the property on which the tree is located. Registration shall not run with the land unless the property owner wishes to use an express trust to transfer a benefit in the tree or groups of trees to the city. Registered tree owners are entitled to consultation with the Tree and Landscape Advisory Committee and/or the urban forester concerning proper care and protection of the tree, as well as an evaluation of the tree's condition. (C) Urban Forest Analysis. The city shall initiate a tree canopy analysis and an Urban Forestry Effects Model study or their current equivalent studies within the current geographical boundaries of the city by December 31, 2012. Thereafter, the city should conduct these studies every ten (10)years. EXHIBIT `B" 167.04 Tree Preservation and within a one (1) mile radius of Protection During Development where the original project is located, but if this cannot be achieved, the (J) Request for off-site alternatives moneys shall be used to plant the trees in the park quadrant in which (4) Tree escrow account. Tree the development took place, or pursuant to J preservation on-site is always the extracted from( a theUrban Forest preferred option, with on-site Analysis should be consulted when mitigation, off-site preservation and off- identifying appropriate locations to site forestation to be considered in plant escrow funded trees. descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account$250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund the reasonable maintenance costs to ensure each tree survives at least three years. Tree planting and maintenance costs should be adjusted at least every four years to ensure it remains the fair market costs for tree planting and maintenance for three years. a) Residential Subdivisions which cannot achieve the Base Density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The City shall use the money paid into the Tree Escrow Account to plant trees within the subdivision along rights-of-ways, detention ponds,common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the subdivision is built out or as approved by the urban forester. (d) If it is not possible to plant trees within the subdivision, planting locations will be sought in appropriate sites City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 8/2/2011 City Council Meeting Date Agenda Items Only Greg,Howe Park Planning/Urban Forestry Parks and Recreation Submitted By Division Department Action Required: A resolution approving minor revisions to Chapter 167: Tree Preservation and Protection ordinance of the Unified Development Code(UDC). NIA N/A NIA Cost of this request Category/Project Budget Program Category/Project Name N/A NIA N/A Account Number Funds Used to Date Program/Project Category Name N/A N/A NIA Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached U � Previous Ordinance or Resolution# o rtment Director Date Original Contract Date: 7- f �1 1 Original Contract Number: Cky Attorney 44 Date Finance and Internal Services Director Date Received In Cit�6 I- 1 5- i 1 F 0 4 20 R C`i D OrAW 1�..— Clerk's Office7��Jam-t Chief a t Date ENT E Received in Mayor's Office Mayor Comments: Revised January 15,2009 Zaye yi le THE CITY OF FAYETTEVILLE,ARKANSAS DEPARTMENT CORRESPONDENCE NSAS CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonton, Parks and Recreation Director f Alison Jumper, Park Planning Superintendent CC: Jeremy Pate, Development Services Director From: Greg Howe, Urban Forester Date: July 15, 2011 Subject: Revisions to Chapter 167: Tree Preservation and Protection Ordinance Agenda Request for August 2,2011 Meeting PROPOSAL: Prior to the hiring of the first Urban Forester in 2004 Chapter 167: Tree Preservation and Protection was interpreted by the Landscape Administrator position. The term Landscape Administrator is referred to throughout Chapter 167 and other Chapters of the Unified Development Code. In order to bring the City's ordinances in line with current responsibilities, the Parks and Recreation Department is requesting City Council to authorize the City Clerk's office to review all parts of the Unified Development Code and replace "Landscape Administrator"with"Urban Forester"where the context is referring to the urban forest, tree preservation, tree protection or in reference to Chapter 167. This change in term is incorporated with the proposed Chapter 167 revisions presented with this request. In order to consolidate all powers and duties of the board into Chapter 33, section 286, section .02(B) of Chapter 167 needs to be deleted from the Tree Preservation and Protection ordinance to avoid duplication within the Unified Development Code. If the City Council approves the committee name change in Chapter 33, Article XV, 33.280 Composition; Establishment then Chapter 167.03(A)(1) will need to be updated to reflect the name change. Proposed revisions include amending the existing requirement to conduct a tree inventory every 7 to 10 years to conduct an Urban Forest Analysis with an Urban Forestry Effects Model(UFORE)Study every 10 years. These studies will assess the City's tree canopy cover, tree species distribution, tree age distribution, percentage of impervious surface, monetary value of the urban forest and to determine areas of absent,low, medium and high canopy concentrations to locate potential planting areas. The advantage to using the combination of the two types of studies over a tree inventory is that information can be gathered for the entire city instead of for individual trees located only on public property. The information gathered by the Urban Forest Analysis and UFORE study more directly relates to the Tree Preservation Ordinance as it pertains to development than a tree inventory which provides information valuable for maintenance of public trees. Telecommunications Device for the Deaf TDDt479)521-1316 113 West Mountain-Fayetteville,AR 72701 THE CITY OF FAYETTEVILLE,ARKANSAS Additional revisions include amending 167.04 (J)(4)(a) to include additional mitigation tree planting locations and changing 167.04(J)(d) that currently provides for using the Street Tree Inventory to locate individual tree planting locations. These revisions will allow the Urban Forest Analysis to be used in locating sparse tree canopy cover areas. The proposed changes of Landscape Administrator to Urban Forester, Tree Inventory to Urban Forest Analysis, location for planting mitigation trees and use of Urban Forestry Analysis data were approved by consent at the July 11, 2011 Planning Commission Meeting and approved by unanimous vote of the Tree and Landscape Advisory Committee on July 13, 2011. Since Planning Commission and Tree and Landscape Advisory Committee approval of Chapter 167 revisions, circumstances have occurred that required additional revisions. These are to add an option under 167.04(J)(2), Off-Site Preservation and 164.04(J)(3), Off-Site Forestation to allow, with City Council approval only, tree preservation and forestation up to % mile outside the city boundary. Currently, preservation is only allowed within the city limits. As the City encourages infill projects and as projects close to the City limits are developed these revisions will provide a benefit to the city by providing an option to encourage tree preservation rather than mitigation or payment into the tree escrow fund. RECOMM[ENDA'CION: Staff recommends approving the proposed ordinance revisions to Chapter 167: Tree Preservation and Protection. 13UDGET IMPACT: The ordinance requirement to conduct the tree inventory every 7-10 years has reached the 10 year limit in 2011. Under the current budgetary conditions, staff is requesting a one year extension and to conduct an Urban Forest Analysis and UFORE study in place of the tree inventory. This ordinance revision has a potential $80,000 impact to the City's budget. A tree inventory may have a potential impact of$120,000. Conducting the Urban Forest Analysis and UFORE study instead of a tree inventory will results in a savings to the City of approximately$40,000. The study cost will be included in the proposed 2012 CIP. Attachments' • Staff Review Form Proposed Chapter 167 Revisions ORDINANCE NO. AN ORDINANCE TO AMEND CHAPTER 167: TREE PRESERVATION AND PROTECTION OF THE UNIFIED DEVELOPMENT CODE BY REPLACING ALL REFERENCES TO "LANDSCAPE ADMINISTRATOR" WITH "URBAN FORESTER", ALLOWING INCREASED FLEXIBILITY FOR OFF-SITE PRESERVATION AND FORESTATION AND FOR OTHER REASONS WHEREAS, the City no longer has a"landscape administrator", but has incorporated all duties of that position into the City's "urban forester" so the Tree Preservation and Protection Chapter should be updated to refer to the "urban forester'; and WHEREAS, the environmental and aesthetic value of trees can extend at least a quarter mile especially for trees in riparian areas; and WHEREAS, the City Council should have the power to grant a landowner the right to use off-site preservation or forestation up to one-quarter mile from the city limits if the owner conveys a tree conservation easement to the City of Fayetteville. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby amends Chapter 167: Tree Preservation and Protection of the Unified Development Code by replacing all references to "landscape administrator"with"urban forester"throughout this Chapter. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §167.04 Tree Preservation and Protection During Development by repealing subsections (J)(2) and (3) in their entireties and enacting replacement subsections (J)(2) and (3) as shown below: "(J)(2) Off-site preservation. The applicant may seek approval of the urban forester to preserve an equal or greater amount of canopy cover at a site within the city limits or, with the express approval of the City Council by its resolution, within one-quarter mile of the Fayetteville city limits. "(3) Off-site forestation. If off-site preservation cannot be achieved, the applicant may seek approval from the urban forester to plant the required number of trees on another site owned by the applicant and located within the city limits or, with the express approval of the City Council by its resolution, within one-quarter mile of the Fayetteville city limits. A tree conservation easement must be conveyed by the applicant to the city to protect any off-site preservation or forestation." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends §167.03 Tree Registry by repealing it in its entirety and enacting a replacement §167.03 Tree Registry and Urban Forest Analysis as shown in Exhibit A. Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends §167.04(J)(4) Tree escrow account by repealing subsection (4)(a) and (4)(d) in their entireties and enacting replacement subsections (4)(a)and (4)(d) as shown on Exhibit B. PASSED and APPROVED this 2"d day of August, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer EXHIBIT "A" 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, may be registered in the City of Fayetteville's tree registry. It shall be the duty of the urban forester to maintain and keep this registry on file in the urban foresters office. (B) Voluntary registration. Registration of trees shall be voluntary and may be done by the owner(s) of the property on which the tree is located. Registration shall not run with the land unless the property owner wishes to use an express trust to transfer a benefit in the tree or groups of trees to the city. Registered tree owners are entitled to consultation with the Tree and Landscape Advisory Committee and/or the urban forester concerning proper care and protection of the tree, as well as an evaluation of the tree's condition. (C) Urban Forest Analysis. The city shall initiate a tree canopy analysis and an Urban Forestry Effects Model study or their current equivalent studies within the current geographical boundaries of the city by December 31, 2012. Thereafter, the city should conduct these studies every ten(10)years. EXHIBIT f°B" 167.04 Tree Preservation and Protection During Development (J) Request for off-site alternatives (4) Tree escrow account. (a) Residential Subdivisions requesting tree removal below the Percent Minimum Canopy requirement may choose to contribute to the Tree Escrow Account. The City shall use the money paid into the Tree Escrow Account to plant trees within the subdivision along rights- of-ways, detention ponds, common area or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the subdivision is built out or as approved by the urban forester. (d) If it is not possible to plant trees within the subdivision, planting locations will be sought in appropriate sites within a one (1) mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, and if that cannot be achieved, anywhere in the City limits. Date extracted from the Urban Forest Analysis should be consulted when identifying appropriate locations to plant escrow funded trees. 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.....................................................................................................................................14 167.08 HAZARDOUS TREES....................................................................................................................14 167.09 LOCAL DISASTER EMERGENCY................................................................................................15 167.10.167.99 RESERVED.........................................................................................................................15 CD167:1 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 preservatlon cannot be achieved, off -site forestation shall be pursued. C0167:3 (5) If none of the above approaches can be achieved, payment shall be made to the tree escrow account. (Code 1991, §162.01; Ord. No. 3699, §1 4-20-93; Ord, No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 10-2-01) 167.02 City Of Fayetteville Tree Preservation, Protection, And Landscape Manual The lanctscape--adminletratowrhan In cooperation with other members of city staff, shall promulgate and periodically revise forms, procedures and regulations to implement this chapter and publish this information in the City of Fayetteville, Tree Preservation, Protection, and Landscape Manual. (A) Copies of the Tree Preservation, Protection, and Landscape Manual are to be made readily available to the public and shall include, but need not be limited to: (1) Specific criteria for gaining city approval of 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 chapteri(gbh1I (Ord. No. 4340, 10-2-01) 167.03 Tree Registry and Urban Forest_ Analysis (A) Deser+pt4c3n71ree Reoiatt Trees and groups of trees which are documented to be of historic mart, of an uncommon or endangered species, or are of extraordinary value due to their age, Fayetteville Code of Ordinances size, or type, may be registered in the City of Fayetteville's tree registry. It shall be the duty of (2) Grading permit. An abbreviated tree the l7"1E:_.ii). �d i n iu,b,im to preservation plan, as set forth in maintain and keep this registry on file in the §167.04(H)(3), shall be submitted with the office. application for grading permits on projects that are not required to go through (1) Voluntary registration. Registration of trees subdivision or large scale development shall be voluntary and may be done by the process. There shall be no land disturbance, owner(s) of the property on which the tree is grading, or tree removal until an abbreviated located. Registration shall not run with the tree preservation plan has been submitted land unless the property owner wishes to and approved, and the tree protection use an express trust to transfer a benefit in measures at the site inspected and the tree or groups of trees to the city. approved. Registered tree owners are entitled to consultation with the Tree and Landscape (3) Building permits. Tree preservation require - Advisory Commltteefgbh21 and/or the ments apply to all permit applications for _( -n�, nonresidential construction, and the concerning proper care and protection of the construction of multi -family residential tree, as well as an evaluation of the tree's buildings composed of three or more condition. dwelling units. An abbreviated tree preservation plan, as set forth in § 167.04 (: (1-1)(3), shall be submitted with the application for building permits on projects _ srPo?dv�is Ilie rQv a�p,ll.iniu3tu_a that are not required to go through the in<dpsle_aulJ -111 Uii ,m u4514y Lffrr,lo. Nluc€el subdivision or large scale development �sIihiy nr [p,ur cwn,ut U.luiy tl� n1 _.t. ✓t t un _h,; process. There shall be no land disturbance, current nr�,:g{.athia�al i�ounrirnw�. or llw coy by grading, or tree removal until an abbreviated l th, j d, ,r nnl,ri tree preservation plan has been submitted n,J l tmvery u n (101 vetatg, and approved, and the tree protection measures at the site inspected and (Ord. No.4340,10-02-01) approved. 167.04 Tree Preservation And Protection (4) Parking lots. 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 apply to proposed subdivisions, and large scale plan, as set forth in §167.04 (H)(3), shall be 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 city's permitting process. Persons seeking to subdivision or large scale development 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 section except when the land is located within the tree preservation plan has been submitted Hillside/Hilltop Overlay District; then all the and approved, and the tree protection 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 land located within the Hillside/Hilltop requirement as part of the overall Master Plan Overlay District shall submit a site analysis approved by the City Council. plan, analysis report, and tree preservation (1) Subdivisions and large scale developments. plan with the preliminary plat or site plan. Applicants seeking approval of proposed Single and two family residential subdivisions and large scale developments development shall submit an abbreviated 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 preliminary plat or site plan. There shall be changes to buildings located in the 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 roof dripline shall not require an protection measures at the site Inspected abbreviated tree preservation plan. There and approved. shall be no land disturbance, grading, or tree CD167:4 TITLE XV UNIFIED DEVELOPMENT CODE removal until a tree preservation plan has been submitted and approved, and the tree protection measures at the site inspected and approved. (B) Tree preservation criteria. The landscape a4miai6traterurban 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, orhazard. (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 off - site drainage. (12) The effects of proposed on -site mitigation or off -site alternatives. (13)The effect other chapters of the UDC, 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 part 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 1 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 the Percent Minimum Canopy requirement on land where less than the minimum exists prior to development, unless trees have been removed. Table 1 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 per Acre RSF-4, Single-family Residential — Four 25% Units per Acre RSF-7, Single-family Residential — 20% Seven Units perAcre RSF-8,Single-family Residential — Eight 20% Units per Acre R-O, Residential —Office 20% RT-12, Two and Three-family 20% Residential RMF-6,Multi-family Residential — Six 20% Units per Acre 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 per Acre CD167:5 Fayetteville Code of Ordinances INS, Neighborhood Services 20% C-1, Neighborhood Commercial 20% CS, Community Services 20% C-2 Thoroughfare Commercial 15% UT, Urban Thoroughfare 15% C-3, Central Business Commercial 15% DC. Downtown Core 10% MSC, Main Street Center 10% DG, Downtown General 10% NO, Neighborhood Conservation 20% 1-1, 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 features. 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 trees on the site shall result in the denial of the 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 landscape-adrninistratorurban forester. Table 2 Preservation Priorities High Priority Mid -level Priority Low Priority Canopied slopes Contiguous woodlands Invasive species Floodways and riparian buffers Non-native woodlands Relic orchards Native woodlands Use buffers Less desirable species Significant trees CD167:6 `Note --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 TITLE XV UNIFIED DEVELOPMENT CODE Canopy requirement, and such utilities shall Hillside/Hilltop Overlay District boundary be routed to avoid existing canopy. shall submit an abbreviated tree preservation plan as set forth in § 167.04 (H)(3) Indicating (2) Nonresidential subdivisions. Two options the location of the structure and the are available for establishing a tree preservation of the minimum tree canopy preservation plan for the development of requirement. nonresidential subdivisions. The landscape adminletratorurhan forester shall recommend (a) Developers shall have the option of to the Planning Commission the option that doing cluster development, such as a will potentially preserve the largest amount PZD, which would encourage more of priority canopy based upon the tree open space and tree preservation areas. preservation criteria set forth in § 167.04 (B) In this pattern of development, the tree above, preservation zone on each lot can be transferred to a larger open space (a) Preservation plan. for entire subdivision. instead of being required on the The developer may choose to preserve individual lots. The open space set the percent minimum canopy required aside during cluster development shall for the entire development. With this be placed in a permanent easement or option, the preserved canopy shall be land trust with all future development located in areas that will not be rights removed from the property. impacted by future development of the individual lots. Canopy to be preserved (G) Initial review. shall be noted on the final plat, and shall be protected as set forth in §167.04 (L) (1) Meeting with the land&;ape below. Should the entire percent ode net a+uu,han foign0w. It is strongly minimum canopy requirement for the recommended that prospective applicants site be so protected, the final plat shall meet with the landscape-adrrunistn3toauban include a statement that the individual I_restar for an initial review of the proposed lots, as represented thereon, shall not tree preservation plan for the site prior to require separate tree preservation submitting a preliminary plat, large scale plans. development, or site plan to the city. During the initial review, the lMwd ;ape (b) Preservation plan for infrastructure only. adrnini #atorurban forester shall make The developer, in consultation with city recommendations to ensure the proposed staff, shall delineate the area required subdivision or development complies with for the construction of the infrastructure the requirements of this chapter. These and improvements for the development. recommendations shall be nonbinding. This area should include street rights -of- However, applicants proceed at the risk of way, and utility and drainage higher costs due to changes required by a easements. Lot lines, streets, and noncompliant submittal should they choose easements shall be located to avoid not to have the initial review or to disregard placing a disproportionate percentage of the recommendations of the landsr;afu, existing canopy in any one (1) proposed adnrkaistratorurban forester. lot. This option shall not allow the removal of trees during the grading of (2) Letter of confirmation. The landx,ao- individual lots, unless shown by the adminfstfalorurhar forester shall document developer to be essential to the projects whether the applicant participated in the engineering design. The developer will initial review meeting in a letter of be required to compensate for the confirmation to the applicant. If the applicant canopy removed from this defined area chose to attend an initial review meeting, the by making the appropriate payment into letter shall also document any the Tree Escrow Account. On all other recommendations made. The landscape areas of the development, the developer admiwskatonuban forester shall ensure that shall protect the existing canopy during a copy of the letter becomes part of the the construction phase in accordance permanent file for the project. with §167.05 below. The final plat shall Include a statement that the individual (H) Submittal of plans. Applicants should bear in lots shall required separate Tree mind that all plans will be evaluated according to Preservation Plans, the tree preservation criteria and percent minimum canopy requirements as set forth under (3) Hillside/Hilltop Overlay District. Individual §167.04 (B) and (C). parcels or lots located within the CD167:7 Fayetteville Code of Ordinances (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 trees, 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 the following features as they exist on the site: (a) The existing topography of the site highlighting slopes of 15% or greater, and indicating the natural drainage patterns; (b) The property line boundaries of the site; (c) Soils identified according to the Unified Soil Classification System; (d) Any significant trees existing on the site, and the location of trunks, spread of the canopy, species, diameter at breast height (DBH), and the overall health of each significant tree; (e) Groupings of trees, delineating the edges of the overall canopy, noting the predominate species, average height, diameter at breast height (DBH), and general health of the trees. (f) All existing utilities and utility easements; (g) All perennial and intermittent streams and creeks that exist on the site or within 100 feet of the site; (h) Floodplains and tioodways on the site; (i) All existing rights -of -way within and surrounding the project site, including any designated trails or bike paths; and, (j) Any other factors that may impact the design of the site. (2) Tree preservation plan. The applicant shall indicate all proposed site improvements, and delineate in the tree preservation plan the trees to be retained on -site, and the measures to be implemented for their protection. These measures shall include, but need not be limited to, fencing, limits of root pruning, as well as restrictions on traffic CD167:8 and material storage. The plan shall also clearly depict the limits of soil disturbance to include all areas to be graded both on and off -site, as well as the proposed location of utilities. The applicant should consult the City of Fayetteville Tree Preservation, Protection and Landscape Manual for details, examples and specific checklists. (3) Abbreviated tree preservation plan. Applicants requesting approval of development projects that require building, grading, or parking lot permits, but that do not fall under the requirements for large scale developments or subdivisions, shall prepare and submit an abbreviated tree preservation plan. The information for this plan may be combined with the site plan, plat drawing, or grading plan. The applicant is expected to show the general location of all existing groups of trees, individual significant trees, and to clearly depict the limits of soil disturbance to include all areas to be graded, both on and off -site, as well as the proposed location of utilities. Protective measures such as fencing, limits of root pruning, restriction on traffic and materials storage shall be depicted on the plan. A preliminary site visit with the landscape adminlstraterurban _forester is highly recommended before applying for any of the above -mentioned permits. The applicant should consult the City of Fayetteville Tree Preservation, Protection, and Landscape Manual for details, examples and specific checklists. Applicants submitting abbreviated tree preservation plans shall not be required to submit either a site analysis plan or analysis report, nor shall they be required to hire architects, engineers, or landscape architects to prepare the abbreviated tree preservation plan. (4) Analysis report. The applicant shall submit an analysis report detailing the design approaches used to minimize damage to or removal of existing canopy that were considered in arriving at the proposed design. Written justification shall be presented as to why individual trees or canopy must be removed. The report shall also detail proposed on -site mitigation options or off -site alternatives, as detailed below. (5) Grading and utility plans. All subsequent grading and utility plans shall depict the tree preservation areas on the site, to include the preserved trees and the physical limits of all protective measures required during construction. TITLE XV UNIFIED DEVELOPMENT CODE (6) Submittal requirements, The applicant shall (4) Forestation requirements. The number and submit two (2) copies of a site analysis plan species of trees required for forestation shall and analysis report to the arfJscepe be based upon the quality of the canopy lost: ,dF ill stf a;Cn: rh all 'crester, concurrently with their tree preservation plan. Applicants (a) High priority canopy. When removing submitting abbreviated tree preservation high priority canopy below the percent plans shall not be required to submit either a minimum canopy required, the canopy site analysis plan or analysis report. square footage removed shall be forested at a base density of 200, two (7) Conservation requirements. The city shall inch (2") caliper trees per acre removed. encourage the use of conservation easements for the added protection of trees (b) Mid -level priority canopy. When preserved or planted to meet percent removing mid -level priority canopy minimum canopy requirements in those required, the canopy square, footage instances where such would be of mutual removed shall be forested at a base benefit to the applicant and the city. density of 150, two Inch (2") caliper trees per acre removed. (I) Request for on -site mitigation (c) Low priority canopy. When removing (1) Timing of request for on -site mitigation. low priority canopy below the percent Requests to remove trees below the percent minimum required, the canopy square minimum canopy requirement must be footage removed shall be forested at a incorporated with the applicant's tree base density of 100, two inch (2") caliper preservation plan, trees per acre removed. (2) Plan requirements, The tree preservation (5) Base Density. Compensating for the plan must graphically represent the species environmental damage caused by removing and location for all trees to be planted on- tree canopy shall be accomplished by site. It shall also include a chart clearly forestation on a per acre basis. The base stating the following information: density formula used above is based on two inch caliper trees. However, the laridssape (a) The number of trees requested for administratorurban forester may approve the removal; use of trees with less than two inch (2") caliper for the planting of smaller tree (b) The percentage below the percent species required by spatial constraints on minimum canopy requirement they the site. In such cases, the number of trees represent; and, to be planted may be adjusted in accordance with the species density table to be found in (c) Tree removal due to the grading work the City of Fayetteville Tree Preservation, done to create tie backs for roads in the Protection, and Landscape Manual, along Hillside/Hilltop Overlay District shall be with examples for using the base density mitigated by reforesting a minimum of formula. 25% of the tie backs pursuant to the landscape manual, (6) Preferred species. All trees to be planted shall be species native to the region, when (d) Planting trees in non -canopy areas in available, and selected from the list of order to reach the minimum percent preferred tree species set forth in the City of canopy requirements for the site is not Fayetteville Tree Preservation, Protection, allowed in the Hillside/Hilltop Overlay and Landscape Manual. Species selection District. shall be based upon the amount of space available for proper growth on the site, and (a) The species and number of trees to be must be approved by the larAisc:ape planted based on the forestation administratofurban forester. requirements below. (7) Placement of trees. The applicant is (3) Planting details and notes. Planting details expected to plant trees in locations on the and notes shall be Included on the tree site where the environmental benefits of preservation plan as set forth in the City of canopy cover are most likely to offset the Fayetteville Tree Preservation, Protection, impact of development. Trees shall not be and Landscape Manual, placed within utility easements, or in other locations where their future protection cannot be assured. CD167:9 Fayetteville Code of Ordinances forester. If the Applicant does not (8) On -site mitigation incentive. If all the take remedial steps to bring the required trees can be located on -site, the property into compliance, the City Aandscape Admiwrtratorrban forester may shall use the necessary moneys approve up to a twenty percent (20%) from the Landscape Establishment reduction in the number of trees to be Guarantee to do so. planted, Any incentive reductions allowed shall be based upon the following factors: (iv) In the event trees are injured or destroyed by natural disasters, (a) The species of the mitigation trees; and, including but not limited to, tornadoes, straight-line winds, ice (b) The space needed for the healthy storms, fire, floods, hail, or lightning growth of trees. strikes, or through the independent (9) Residential On -Site Mitigation. Applicants actions of third parties, the requesting On -Site Mitigation for Residential applicant shall be relieved of the Subdivisions shall comply with all the responsibility of replanting the tree provisions of §167.04 I. 1-7, as well as the or trees so affected. following: (c) The Applicant shall establish a bona fide (a) The Applicant's Mitigation Plan shall meet or Property Owners Association with a Bill exceed the required number of Mitigation of Assurance and Protective Covenants Trees based on the Forestation sufficient to ensure the continued health Requirements as set forth at §167.04 I. 4. and vitality of the mitigation trees within the subdivision. The Bill of Assurance (b) All Plans requesting Residential On -Site and Protective Covenants shall be filed Mitigation shall include a binding three (3) of record with the Circuit Clerk and Ex - year maintenance and monitoring plan, Officio Recorder of Washington County, which shall hold the Applicant responsible for Arkansas, and file -marked copies the health of all planted trees. thereof shall be provided to the uLandscaryerAelministratorrbap,_Fo remoter (i) Approval of a Plan requesting prior to Final Plat approval. Residential On -Site Mitigation shall be contingent upon the Applicant (d) Developers requesting mitigation trees depositing with the City an be planted along the street right of way irrevocable Letter of Credit in an of a Subdivision shall submit a street amount equal to the estimated cost tree planting plan that complies with the of materials and labor for all trees at standards outlined in the City of the time of planting. The irrevocable Fayetteville Tree Preservation, Letter of Credit must cover the Protection, and Landscape Manual in entire three (3) year maintenance order to ensure that new trees planted and monitoring period. Applicant are of the highest quality, require low shall submit cost estimates to the maintenance, and do not interfere with uLandssal� Adm nlstratorrh;ln public safety. The species of trees to be Brest-er for approval. planted shall be selected from the Approved Street Tree Species List, or (it) Upon completion of the three year be otherwise specifically approved by landscape establishment period, the uLandsE,apa- Adrninlslrat<Hflwn the uLandscape-Ad»flnistraton-ban forester. forester shall inspect the site and determine whether ninety percent (1) The Applicant's Mitigation Plan for (90%) of the trees are healthy and planting street trees shall describe have a reasonable chance of in detail the method for tracking the surviving to maturity. Upon such a development of the individual lots, finding, the City shall release the which shall best ensure that Letter of Credit. required number and species of Mitigation Trees are planted. (III) In the absence of such a finding, the Applicant shall be notified to (it) The applicant shall submit an replace any unhealthy or dead annual schedule of the initial trees, or take other appropriate structural pruning for all Mitigation action as approved by the Trees planted along street right of uLandseape Adnitnistratorrban ways with the name and contact CD167:10 TITLE XV UNIFIED DEVELOPMENT CODE information of the International 4011 t, + _ nl�dal Cr: Society of Arboriculture (ISA) once the subdivision is built out or as Certified Arborist or pruning service approved by the urban forester. performing the work. (b) Money contributed in lieu of On -Site (J) Request for off -site alternatives. Mitigation or Off -Site Forestation shall be paid prior to issuance of a Building (1) Timing of request for off --site alternatives. Permit on all Commercial, Industrial, or Requests for off -site alternatives must be Multi -Family Residential buildings and incorporated in, and submitted concurrently prior to Final Plat acceptance for all with the applicant's tree preservation plan. Residential and Non -Residential Subdivisions. (2) Off -site preservation. The applicant may seek approval from the land&c�pe (c) Money contributed under this section: adrninfWrak7rurban forester to preserve an equal or greater amount of canopy cover at a (1) May be used for canopy mitigation, site within the city limits. ur, with If xjjws:: including planting site identification, rpgroval of the City Council by_ts resolution, tree acquisition, planting, and wMEin rmr quanr_r nnre of the Fayetteville maintenance, utilizing either City r:11y lfritq, A Ivor_ ru ,,rvafkn ear 001pnd Staff or contract labor; must -be conveyed by tho. applicant to [lip city to r>( ntELt any off-srtcur erv.rt_1nn anoa (ii) Shall not revert to the general fund for ongoing operations. (3) Off -site forestation. If off -site preservation cannot be achieved, the applicant may seek (d) If it is not possible to plant skeet trees approval from the lazdscaye within the subdivision, planting locations administratorurban forester to plant the will be sought in appropriate sites within required number of trees on another site a one (1) mile radius of where the owned by the applicant and located within original project is located, but if this the city limits: gr,_wilh_ lip xprprowil cannot be achieved, the moneys shall of the City Council by ils resoltidon, within be used to plant the trees in the park �ipc-ggarter mile_ of flit, Fayetfevige city_ quadrant in which the development took limits- A tree conservation easement must place, and if that cannot be achieved, {Ir. Cffrrvcycd_!y. the-_3,p�rlig;gr[,i1. tn.J fie. oily .W anywhere In the City limits. (4) Tree escrow account. Large Scale r nE.-r,. �,.�-�a•.: Development Applicants requesting Off -Site Alternatives, and any other Applicant unable [)Ala extrm,ted lroio ii❑ 1i to achieve either On -Site Mitigation, Off -Site pnaiysis slrc,uld irc inn ulk n Preservation or Off -Site Forestation, shall identi6 inn r ; �Lopgialc ;. make a payment to the City of Fayetteville n_ i Tree Escrow Account for each tree required to meet the Base Density requirements set (a) The City of Fayetteville shall refund the forth above. The amount of money to be paid portion of the money contributed under shall be based on the fair market value of this section, including the accrued materials and labor at the time of planting. interest that has not been expended The Applicant shall submit cost estimates to seven (7) years from the date of the the_ u6andscapo Adm mstrator ban forester contribution. Interest shall be based on for review and approval. a four percent (4%) annual rate. (a) Residential Subdivisions requesting tree (f) Refunds shall be paid to the Applicant removal below the Percent Minimum who made the original contribution. Canopy requirement may choose to contribute to the Tree Escrow Account. (g) Notice of the right to a refund, including The City shall use the money paid into the amount of the refund and the the Tree Escrow Account to plant street procedure for applying for and receiving trees within the subdivision along rights- the refund, shall be sent or served in <J-ways,. rtutenliun trnn5)s,_ cpnpnon writing to the Applicant no later than areas, or other areas where trees can be thirty (30) days after the date which the ttrelected and Have :.r,llj�h,prnhltrilily of refund becomes due. The sending by survival to_a, mature _tree, when regular mall of the notices to the CD167:11 Fayetteville Code of Ordinances Applicant shall be sufficient to satisfy the requirement of notice. (d) In the event trees are injured or destroyed by natural disasters, including (h) The refund shall be made on a pro rate but not limited to, tornadoes, straight - basis, and shall be paid in full no later line winds, ice storms, fire, Floods, hail, than ninety (90) days after the date or lightning strikes, or through the certain upon which the refund becomes independent actions of third parties, the due. applicant shall be relieved of the responsibility of replanting the tree or (1) At the time of the contribution to the Tree trees so affected. Escrow Account, the ul andscape Administcatorrhan f9resfer shall provide (K) Tree preservation plan review form. The the Applicant with written notice of those ii:n fntev;r. r shall use a circumstances under which refunds of standardized form for all recommendations or such fees will be made. Failure to administrative determinations made regarding an deliver such written notice shall not applicant's tree preservation plan. invalidate any contribution to the Tree Escrow Account under this Ordinance. (1) The form shall clearly indicate whether the ' Mndscapci artmiaiFtratnrptb;in fnn-,tor is (5) Maintenance agreement and landscape making a final administrative determination, establishment guarantee. All plans or a recommendation to the Planning requesting on -site mitigation or off -site Commission or City Council. forestation shall include a binding three year maintenance and monitoring plan, which (2) The form shall also clearly indicate the shall hold the applicant responsible for the applicant's plan is "APPROVED,' health of all planted trees. "DISAPPROVED," or "CONDITIONALLY APPROVED,' and explain the reasoning (a) Approval of a plan requesting on -site therefore. mitigation or off -site forestation shall be contingent upon the applicant depositing (3) A statement shall appear on the form with the city either currency, bond explaining the process by which a final irrevocable letter of credit or other administrative determination may be surety, in an amount equal to the appealed in accordance with Chapter 155 of estimated cost of materials and labor of the Unified Development Code. trees at the time of planting. The bond, (4) The famAssape-administra[cxu rfan fowslei irrevocable letter of credit, or other shall sign and date the form, and ensure that surety must cover the entire three year a copy becomes part of the permanent file maintenance and monitoring period. for the project. The applicant shall submit cost estimates to the (L) Continuing preservation and protection under adnwiistratorurben rrrester. approved tree preservation plans. (b) Upon completion of the three year (1) In order to ensure that an applicant's heirs, landscape establishment period, the successors, assigns, or any subsequent lanclseaha admmiesrataurban _torrsfcr purchasers of the subject property are put on shall inspect the site and determine notice as to the existence and extent of an whether 90% of the trees are healthy approved tree preservation plan, tree and have a reasonable chance of preservation areas shall be clearly depicted surviving to maturity. Upon such on the easement plats for large scale finding, the city shall release the developments and the final plats for currency, bond, or letter of credit. nonresidential subdivisions. This shall be accompanied by a narrative statement (c) In the absence of such a finding, the describing the nature of the protection applicant shall be notified to replace any afforded, and bearing the signature of the unhealthy or dead trees, or take other fandscape administraterurban forester. Lots appropriate action as approved by the in residential subdivisions are expressly landscape-adrninistratcuurban forester. exempt from these requirements. If it is If the applicant does not take remedial impractical to include the actual depiction of steps to bring the property into the canopy to be preserved on the easement compliance, the city shall use the plat, or final plat itself, a note cross necessary monies from the landscape referencing an accompanying document establishment guarantee to do so. shall suffice. C0167:12 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 , 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 , who shall determine if such removal is consistent with sound arboricultural 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 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. 4866, 4-18-06: Ord. 4930. 10-03-06; Ord. 5308, 3.16.10; Ord. 6312, 4.20.10) 167.05 Tree Protection Measures And Construction (A) Site inspection. A preliminary site inspection followed by periodic inspections will be conducted by the 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 tree 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 i 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 rh3ii toresser. If the required barriers surrounding the tree preservation areas are not adequately maintained during construction, the tauisu< o acl�ivlst�ater rEar__f'_r- star 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, 7-5-95; Ord. No. 3963, §7, 4-16-96; Ord. No. 4008, §1, 12-17-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. 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 may be planted within street rights -of -way or on other public grounds only after notification to the l4r0scepe a•1nh3 stratururtan _ ._e ; 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 larrels.apv .tdm�nEslraton.iril�rn foreaLr, 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 or cutback to stubs. It shall be unlawful for any person to top or cutback to stubs the crown CD167:13 Fayetteville Code of Ordinances of any tree 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 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) Storm damage. Trees severely damaged by storms, or other accidental causes, where required pruning practices are impractical are exempt from this chapter- (1) 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. §1, 7-5-95: Ord. No. 3963, §5, 4-16-96; 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 worker's compensation requirements as set forth under Arkansas law and shall hold a city issued commercial tree pruner/service certificate. (H) Licensors. Those individuals performing tree surgery shall comply with licensure requirements as set forth under Arkansas law. (Code 1991, §162.13; Ord. No. 3699, §14, 4-20-93; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340, 102-01) 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 trees on their property, and further, to order compliance, when such trees constitute 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 property owner ordering the performance of such acts within 20 days. If the CD167:14 TITLE XV UNIFIED DEVELOPMENT CODE property owner's 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 or refuse to comply with any order and notice given pursuant to this section. (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 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 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. (Code 1991, §162.06; Ord. No. 3699, §6, 4-20-93; Ord. No- 3963, §4, 4-16-96; Ord. No. 4100, §2 (Ex. A), 6-16-98; 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.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, 6-5-01: Ord. No. 4340; 10-2-01) 167.10-167.99 Reserved CD167:15 7 �'✓J'�i(Cd v�.��i�vw, !� �'raF��-IlG1v 'S�rt%Uit REVISED EXHIBIT "B" 167.04 Tree Preservation and Protection During Development (J) Request for off -site alternatives (4) Tree escrow account. Tree preservation on -site is always the preferred option, with on -site mitigation, off -site preservation and off - site forestation to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements. This amount fairly represents the costs of material and labor to plant and maintain a tree for three years, This figure should be adjusted at least every four -years to ensure it remains the fair market costs for tree planting and maintenance for three years. a) Residential Subdivisions which cannot achieve the Base Density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The City shall use the money paid into the Tree Escrow Account to plant trees within the subdivision along rights -of -ways, detention ponds, common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the subdivision is built out or as approved by the urban forester. (d) If it is not possible to plant trees within the subdivision, planting locations will be sought in appropriate sites within a one (1) mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to J (2) and (3). Data extracted from the Urban Forest Analysis should be consulted when identifying appropriate locations to plant escrow funded trees. Kit Williams CityAttorney TO: Mayor Jordan Jason B. Kelley City Council Assistant City Attorney CC: Don Marr, Chief of Staff Jeremy Pate, Development Services Director Connie Edmonston, Parks & Recreation Director Greg Howe, Urban Forester FROM: Kit Williams, City Attorney DATE: August 2, 2011 RE: Revised Exhibit "B" City Staff was concerned that the $250.00 figure in Revised Exhibit `B" was only sufficient to cover the cost to purchase and plant a tree. However, staff does not yet have sufficient data to determine a fair cost for three years' maintenance of such tree so I have revised Exhibit `B" to clarify the $250.00 does not cover maintenance costs and have attached it to this memo. This revision makes it clear that the $250.00 figure is for tree purchasing and planting costs only. I believe that Jeremy Pate can provide adequate data to you to justify this $250.00 average cost. The ordinance still needs to require three years of maintenance costs which it now does. However, no precise dollar figure is given (which is how the current law reads). I hope that after further study and probably obtaining bids for such maintenance from the private sector, staff can provide an accurate cost estimate which the City Council can then accept and codify. CONCLUSION I believe that Mayor Jordan, City Staff and (I know that) I recommend you amend the Exhibit B in your Agenda packet to the Revised Exhibit B attached to this memo. REVISED EXHIBIT °B" 167.04 Tree Preservation and Protection During Development (J) Request for off -site alternatives (4) Tree escrow account. Tree Preservation on -site is always the preferred option, with on -site mitigation, off -site preservation and off - site forestation to be considered in descending order only if the more preferred option cannot be fully achieved. If none of these options can completely fulfill a developer's obligation under this Tree Preservation and Protection Chapter, the developer shall pay into the City Tree Escrow Account $250.00 for each tree required to meet the Base Density requirements which fairly represents the costs of material and labor to plant a tree. The developer shall also pay into the Tree Escrow Fund the reasonable maintenance costs to ensure each tree survives at least three years. Tree planting and maintenance costs should be adjusted at least every four years to ensure it remains the fair market costs for tree planting and maintenance for three years. a) Residential Subdivisions which cannot achieve the Base Density tree requirements through preservation or mitigation shall contribute to the Tree Escrow Account. The City shall use the money paid into the Tree Escrow Account to plant trees within the subdivision along rights -of -ways, detention ponds, common areas or other areas where trees can be protected and have a high probability of survival to a mature tree. This shall be accomplished once the subdivision is built out or as approved by the urban forester. (d) If it is not possible to plant trees within the subdivision, planting locations will be sought in appropriate sites within a one (1) mile radius of where the original project is located, but if this cannot be achieved, the moneys shall be used to plant the trees in the park quadrant in which the development took place, or pursuant to J (2) and (3). Data extracted from the Urban Forest Analysis should be consulted when identifying appropriate locations to plant escrow funded trees. NORTHWEST ARKANSAS DEMOCRAT -GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NORTHWEST ARKAS TIMES NEWS-P-M—E-JDLVOcLLC BE TON COUNTY DAILY REECORD 212 NORTH EAST AVENUE. FAYE TEVILLE, ARKANSAS 72701 1 P.O. Box 1607. 72702 1 479,442-1700 1 WWW,NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, that from my own personal knowledge and reference to the files of said publication, the advertisement of: City of Fayetteville Ordinance 5427 Was inserted in the Regular Editions on: August 11, 2011 Publication Charges: $ 155.64 Cathy Wiles 1 Subscribed and sworn to before me This - day of 2011. Notary Public My Commission Expires: zor" **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVE® AUG 1 6 2011 CITY OF FAVETTLVILl I CITY CLERKS OFFICE ORDINANCE NO. 5427 AN SERVAT40 TO AMEND CHAPTER O TREE aye evl le PflESEflYAT1ON AND PROTECTION OF 7HE UNIFIED DEVELOPMENT CODE UY REPLACING ALL carte Rs4s REFERENCES TO 'LANDSCAPE AOMiMSTRATOFP WITH -URBAN FORESTER-, ALLOWING INCREASED FLEXIBILITY FOR OFFSITE PRESERVATION AND FORESTATION AND FOR OTHER REASONS WHEREAS, Me City ne longer has a'lariescape administrator", but has incorporated all duties of that position into the Ciry's'urban forester" so the Trea Preservation and Protection Chapter Should be updated to refer to We'uroan toaster'; and WHEREAS, the environmental and aestheticvalue of tress can eAeW at least a quarter mile especially for trade in riparian areas: and WHEREAS, the City Council should have the power to grant a landowner the right to use off -site preservation or forestation up to one quarter mile from the dry limits if the owner conveys a tree conservation easement to the City of Fayetleville. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby am"s Chapter 167: Thins Pnaervagon and Protection of the Unified Development Code by replacing all references to "landscape administrator- with "urban forester throughout the Chapter. Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends §161 Tree Preservation and Protection During Development by repealing subsec- tions (J)i2) and (3) In their entirelies and enacting replacement Subsections (J)(2) and (3) as shown bi -T)(2) OT-site pnseyni The applicant may seek approval of the urban forester to preserve an equal or greater amount of canopy cover at a site within the cry limits or, with the express approyal of the City Council by Its resolution, within one quarter mile of the Fayetteville city III 0(3) Of -site forestation. II off -site preservation cannot be achieved, the applicant may seek approval from the urban forester to plant the required number of trees on another site owned by the applicant and located within the City limits or, with the express approval of the City Council by its resolution, within one -quarter mile of the Fayetteville city limits. A bee conservation easement must be conveyed by the appI Cant to the city to protect any off -site preservation or forestation." Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends §167.03 Tree Registry by repealing it in its entirety and enacting a replacement §167,03 Tree Registry and Urban Forest Analysis as shown in Exhibit A Section 4: That the City Council of the City of FWettwlle, Arkansas hereby amends §167.01 Tree escrow account by repealing subsection (4)(a) antl (4)(d) in their entireties and enacting replacement subsections (4)(a) and (4)(d) as shown on Exhibit B. PASSED and APPROVED this 2nd day of August. 2011. APPROVED: ATTEST- Ey, By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerd fireasurer