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
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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