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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