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HomeMy WebLinkAboutOrdinance 5426 ORDINANCE NO. 5426 AN ORDINANCE REPEALING ARTICLE XV: TREE AND LANDSCAPE ADVISORY COMMITTEE OF CHAPTER 33: DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CODE OF FAYETTEVILLE AND ENACTING A NEW ARTICLE XV: URBAN FORESTRY ADVISORY BOARD, DEFINING ITS MEMBERSHIP, AND DESIGNATING ITS AUTHORITY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby repeals Article XV: Tree and Landscape Advisory Committee of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville, and enacts a new Article XV: Urban Forestry Advisory Board of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville as shown in Exhibit"A", which is incorporated herein as if set out word for word. PASSED and APPROVED this 2nd day of August, 2011. APPROVED: ATTEST: Bw — By: �i LILMNELIZIP40AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ®.. S Y ® OFa G� ego •tea ;FAYETfEVILLE; '�9syGTOVIA 9'QkANSP�Z.o" ARTICLE XV URBAN FORESTRY ADVISORY BOARD business. Said rules shall be consistent with 33.280 Purposes and Definitions the provisions of the Arkansas Freedom of (A) It is the purpose and intent of the City Information Act,A.C.A.§25-19-101 et seq. Council of the City of Fayetteville to redefine the (2) Advise the Mayor, City Council, and the scope of the former Tree and Landscape Advisory director(s) of the department(s) managing Committee as the new Urban Forestry Advisory Board the urban forestry program on issues related to advise the City Council on urban forestry and to urban forestry and arboriculture. arboricultural related issues as an integral part of the City's green infrastructure. (3) Organize and administer an ongoing program of public education designed to (B) It is also the purpose and intent of the City increase public awareness of urban forestry Council of the City of Fayetteville to have the Urban and arboriculture. Forestry Advisory Board sit as the Wildland-Urban Interface: Firewise Advisory Board to advise the City (4) Advise the Urban Forester on all city tree Council on wildland and urban development related planting projects on city rights-of-way and/or issues as an integral part of the City's fire protection medians. program and green infrastructure. (5) Review and recommend revisions to the (C) For the purposes of this Article, the following Unified Development Code Chapter 167 definitions shall apply unless the context clearly Urban Forestry Technical Manual at least indicates or requires a different meaning: once every three(3)years to reflect changes in chapter 167, city polices or arboricultural Arboriculture. The art, science and technology of and horticultural practices with a focus on cultivating and maintaining trees, shrubs and other improvements in plant science, arboricultural woody plants. practices, technology, construction methods Firewise. The process of making a structure, and long range planning. developed parcel, subdivision or community within or (6) Plan and administer an annual Arbor Day on the edge of the wildland-urban interface less at risk celebration. for wildfire. (7) Advise the Urban Forester on expenditures Urban Forestry. The art, science and technology of from the Tree Escrow Funds. sustained planning and managing trees, greenspaces and forest resources in and around urban community (8) Develop and administer a recognition ecosystems for the physiological, sociological, program for individuals, businesses, economic, and aesthetic benefits trees provide institutions or non-profits who have society. demonstrated exceptional efforts in tree preservation, protection and/or tree planting. �Idland-Urban Interface. The line, area, or zone where structures and other human development meet (9) Have authority to create an action plan to or intermingle with undeveloped wildland or accomplish the objectives of the board. vegetative fuel. (10)Have authority to establish committees of the board which shall be chaired by a member of 33.281 Establishment the board, but which may consist of non- There is hereby created a board to be known as the board members who are citizens of the City Urban Forestry Advisory Board which shall also sit as or owners or managers of a business located the Wildland-Urban Interface: Firewise Advisory in the City. Board. Said board shall be a continuation and renaming of the previously existing Tree and (B) The board sitting as the Wildland-Urban Landscape Advisory Committee. Interface: Firewise Advisory Board shall: (1) Advise the Mayor, City Council, and the 33.282 Powers and Duties director(s) of the department(s) involved in (A) The board shall: managing the Firewise Community program on issues related to fire-safe building (1) Adopt rules to govern the conduct of its practices, wildland fire management, and _ urban development related issues. EXHIBIT (2) Assist the Fire Department with an ongoing 33.284 Officers program of public education designed to At the first regularly scheduled meeting after the increase public awareness of Firewise effective date of this Article, the board shall elect from practices. among its members a chairperson and vice- chairperson, who shall each serve a term of one (1) (3) Plan and administer an annual Firewise year. Further, the board may elect such additional Project. officers as it deems necessary for the proper (4) Plan and administer an annual Firewise Day. performance of its duties. 33.285 Meetings 33.283 Composition and Terms The Urban Forestry Advisory Board shall meet at (A) The board shall consist of seven (7) members least once each month and may call special meetings who shall be appointed by the City Council. if necessary to carry out its duties. The Urban Forestry Advisory Board sitting as the Wildland-Urban (1) One (1) position shall be filled by a Interface: Firewise Advisory Board shall meet at least representative from the land development twice each year. Special meetings may be called as community; one (1) position shall be filled by needed to carry out the board's duties. A majority of a representative of the tree service the voting membership of the board shall constitute a community; one (1) position shall be filled by quorum. a representative from the University of Arkansas with knowledge of urban forestry or arboriculture practices; and four (4) positions shall be filled by citizens of the City at large with an interest in urban forestry or arboriculture (2) In the event no application for a position as a representative from a specified discipline is received, the position may be filled by any citizen of the City. (3) Vacancies in an unexpired term shall be filled by the City Council for the remainder of the term at the next Council nominating process after the vacancy shall have occurred. (4) Members of the former Tree and Landscape Advisory Committee serving at the time of the adoption of this Article shall continue to serve their respective terms as members of the Urban Forestry Advisory Board.Terms of membership on the board shall be for a period of two (2) years with staggered terms carried over from the former Tree and Landscape Advisory Committee. (5) The Mayor may designate city staff to assist the board in the conduct of its business. (B) Attendance requirements. Any member of the Urban Forestry Advisory Board who fails to attend at least seventy percent (70%) of all meetings of the board in a twelve (12) month period, without having their absence excused by the board, shall have been deemed to have vacated their position. Said vacant position shall be filled pursuant to subsection (A)(3)• City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements q City Council Meeting Date Agenda Items Only Greg Howe Park Planning/Urban Forestry Parks and Recreation IIINI�IP��I�Irpl�l� 1 III�IgL!��I�Ir� �Il,ll�lli l�l�!(�I�VI�q�I11111911AIUi�I III�YII�lill�J�l I Submitted By Division Department Action Required: _ A resolution approving revisions to Chapter 33 Article XV. N/A N/A N/A Cost of this request Category/Project Budget Program Category/Project Name N/A N/A N/A Account Number Funds Used to Date Program/Project Category Name N/A N/A N/A Project Number Remaining Balance Fund Name Budgeted Item Budget Adjustment Attached Previous Ordinance or Resolution-4"U4 AM1.1-.1 . — # ?D2epartt Director Date Original Contract Date: 1 Original Contract Number: ity Attorney Date 7 Finance and Internal Services Director Date Received in CHY%-1 5-1 1 P03:2 3 R C V D Clerk's Office Chief f Sta Date Received in r Mayor's Office May6r Date CaJiomments: +#%Wd d^# kT G;� A" 4a�k>ilrr� Revised JanuaryL�15,2009 THE CITY OF FAYETTEVILLE,ARKANSAS aye leDEPARTMENT CORRESPONDENCE ARKANSAS ;11111 '1 11 CITY COUNCIL, AGENDA 19'HEM To. Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston, Parks and Recreation Director Alison Jumper, Park Planning Superintendent vo+ ,,t CC: Jeremy Pate, Development Services Director From: Greg Howe, Urban Forester Date: July 26, 2010 Subject: Revisions to Chapter 33: Department Boards, Commissions and Authorities Ordinance Article XV: Tree and Landscape Advisory Committee Agenda Request for August 2, 2011 Meeting PROPOSAL: Since establishment of the Tree and Landscape Advisory Committee the City's development codes have undergone substantial changes.The revisions recommended by staff update the committee to meet the current and near future needs concerning urban forestry and the Fire Department's Firewise Community designation requirements. Ordinance revisions include: Change the name of the committee from Tree and Landscape Advisory Committee to Urban Forestry Advisory Board ® Establish a Firewise Committee for the Fire Department Update the committee's purpose and intent ® Update the powers,duties and responsibilities of the committee ® Change the membership categories and reduce the committee from nine to seven members ® Establish additional officers and procedures If the proposed ordinance amendments to Chapter-33 are passed prior to the proposed amendments to Chapter 167: Tree Preservation and Protection,additional minor-changes to Chapter 167 will need to be made to update the new name of the board in all places referenced. RECOMMENDATION: Staff recommends approval of the Chapter 33, Article XV revisions. IIIJDGET IMPACT: This ordinance revision will have no impact on the City's budget. Attachments: Staff Review Form Proposed Chapter 33 Article XV revisions Telecommunications Device for the Deaf TDD(479)521-1316 113 west Mountain-Fayetteville,AR 72701 ORDINANCE NO. AN ORDINANCE REPEALING ARTICLE XV: TREE AND LANDSCAPE ADVISORY COMMITTEE OF CHAPTER 33: DEPARTMENTS, BOARDS, COMMISSIONS, AND AUTHORITIES OF THE CODE OF FAYETTEVILLE AND ENACTING A NEW ARTICLE XV: URBAN FORESTRY ADVISORY BOARD, DEFINING ITS MEMBERSHIP, AND DESIGNATING ITS AUTHORITY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE,ARKANSAS: Section 1. That the City Council of the City of Fayetteville, Arkansas hereby repeals Article XV: Tree and Landscape Advisory Committee of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville, and enacts a new Article XV: Urban Forestry Advisory Board of Chapter 33: Departments, Boards, Commissions, and Authorities of the Code of Fayetteville as shown in Exhibit"A", which is incorporated herein as if set out word for word. PASSED and APPROVED this day of , 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ARTICLE XV business. Said rules shall be consistent with the URBAN FORESTRY ADVISORY BOARD provisions of the Arkansas Freedom of Information Act,A.C.A.§25-19-101 et seq. 33.280 Purposes and Definitions (A) It is the purpose and intent of the City (2) Advise the Mayor, City Council, and thedirector(s) of the department(s) managing Council of the City of Fayetteville to redefine the the urban forestry program on issues related scope of the former Tree and Landscape Advisory to urban forestry and arboriculture. Committee as the new Urban Forestry Advisory Board to advise the City Council on urban forestry and (3) Organize and administer an ongoing arboricultural related issues as an integral part of the program of public education designed to City's green infrastructure. increase public awareness of urban forestry (B) It is also the purpose and intent of the City and arboriculture. Council of the City of Fayetteville to have the Urban (4) Advise the Urban Forester on all city tree Forestry Advisory Board sit as the Wildland-Urban planting projects on city rights-of-way and/or Interface: Firewise Advisory Board to advise the City medians. Council on wildland and urban development related issues as an integral part of the City's fire protection (5) Review and recommend revisions to the program and green infrastructure. Unified Development Code Chapter 167 (C) For the purposes of this Article, the following Urban Forestry Technical Manual at least definitions shall apply unless the context clearly once every three(3)years to reflect changes in chapter 167, city polices or arboricultural indicates or requires a different meaning: and horticultural practices with a focus on Arboriculture. The art, science and technology of improvements in plant science, arboricultural cultivating and maintaining trees, shrubs and other practices, technology, construction methods woody plants. and long range planning. Firewise. The process of making a structure, (6) Plan and administer an annual Arbor Day developed parcel, subdivision or community within or celebration. on the edge of the wildland-urban interface less at risk (7) Advise the Urban Forester on expenditures for wildfire. from the Tree Escrow Funds. Urban Forestry. The art, science and technology of (g) Develop and administer a recognition sustained planning and managing trees, greenspaces program for individuals, businesses, and forest resources in and around urban community institutions or non-profits who have ecosystems for the physiological, sociological, demonstrated exceptional efforts in tree economic, and aesthetic benefits trees provide preservation, protection and/or tree planting. society. Wildland-Urban Interface. The line, area, or zone (9) Have authority to create an action plan to where structures and other human development meet accomplish the objectives of the board. or intermingle with undeveloped wildland or (10)Have authority to establish committees of the vegetative fuel. board which shall be chaired by a member of the board, but which may consist of non- board members who are citizens of the City 33.281 Establishment or owners or managers of a business located There is hereby created a board to be known as the in the City. Urban Forestry Advisory Board which shall also sit as the Wildland-Urban Interface: Firewise Advisory (B) The board sitting as the Wildland-Urban Board. Said board shall be a continuation and Interface: Firewise Advisory Board shall: renaming of the previously existing Tree and Landscape Advisory Committee. (1) Advise the Mayor, City Council, and the director(s) of the department(s) involved in managing the Firewise Community program 33.282 Powers and Duties on issues related to fire-safe building (A) The board shall: practices, wildland fire management, and urban development related issues. (1) Adopt rules to govern the conduct of its EXHIBIT. J9 (2) Assist the Fire Department with an ongoing 33.284 Officers program of public education designed to At the first regularly scheduled meeting after the increase public awareness of Firewise effective date of this Article,the board shall elect from practices. among its members a chairperson and vice- chairperson, who shall each serve a term of one (1) (3) Plan and administer an annual Firewise year. Further, the board may elect such additional Project. officers as it deems necessary for the proper performance of its duties. (4) Plan and administer an annual Firewise Day. 33.285 Meetings 33.283 Composition and Terms The Urban Forestry Advisory Board shall meet at (A) The board shall consist of seven (7) members least once each month and may call special meetings who shall be appointed by the City Council. if necessary to carry out its duties. The Urban Forestry Advisory Board sifting as the Wildland-Urban (1) One (1) position shall be filled by a Interface: Firewise Advisory Board shall meet at least representative from the land development twice each year. Special meetings may be called as community; one(1) position shall be filled by needed to carry out the board's duties. A majority of a representative of the tree service the voting membership of the board shall constitute a community; one(1)position shall be filled by quorum. a representative from the University of Arkansas with knowledge of urban forestry or arboriculture practices; and four (4) positions shall be filled by citizens of the City at large with an interest in urban forestry or arboriculture (2) In the event no application for a position as a representative from a specified discipline is received, the position may be filled by any citizen of the City. (3) Vacancies in an unexpired term shall be filled by the City Council for the remainder of the term at the next Council nominating process after the vacancy shall have occurred. (4) Members of the former Tree and Landscape Advisory Committee serving at the time of the adoption of this Article shall continue to serve their respective terms as members of the Urban Forestry Advisory Board.Terms of membership on the board shall be for a period of two (2) years with staggered terms carried over from the former Tree and Landscape Advisory Committee. (5) The Mayor may designate city staff to assist the board in the conduct of its business. (B) Attendance requirements. Any. member of the Urban Forestry Advisory Board who fails to attend at least seventy percent (70%) of all meetings of the board in a twelve (12) month period, without having their absence excused by the board, shall have been deemed to have vacated their position. Said vacant position shall be filled pursuant to subsection (A)(3). NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE THE MORNING NEWS OF ROGERS NORTHWEST ARKANSAS TIMES NE`vVSPjWERSLLC BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607, 72702 1 479-442-1700 1 WWW.NWANEWS,COM AFFIDAVIT OF PUBLICATION RECEIVED I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the AUG 1 6 2011 Northwest Arkansas Newspapers, LLC, printed and published in Washington and Benton County, Arkansas, bona fide circulation, CITY OF FAYETTEVILLE that from my own personal knowledge and reference to the files CITY CLERK'S OFFICE of said publication, the advertisement of- City of Fayetteville ORDINANCE NO. MO Ordinance 5426AN OPOINANCE.REFT-AUNGAFMCLE W.TFU AND a e ev� le LANDSCAPE ADM1SORY GOMMI I I EE OF CHARTER y 33:0EPARTMEHTS,B0AADS,.Cf]If m98ibm%MD Was inserted in the Regular Editions on: AUMORMESOFTHEOD OFFAYETTEVILLEAND ARKANSAS ENACTING A NEW ARTICLE XV:URBAN FORESTRY August 11, 2011 ADVISORY BOARD,DEFINING ITS MEMBERSHIP,AND DESIGNATING ITS AUTHORITY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Publication Char es: $ 71.33 Section 1.That the City Council of ft City of Fayetteville,Arkansas hereby repeals Article g XV: Tree and Landscape Advisory Committee of Chapter 33: Departments, Boards, Commissions,and Authors ies of the Code of Fayetteville,and enacts a new Article XV: Urban Forestry Advisory Board of Chapter 33: Departments,Boards,Commisslons,and Authorities of the Code of Fayetteville as shown in Exhibit'A',which is Incorporated herein + 1� as if set out word for ward. PASSED and APPROVED this 2nd day of August,2011. V lJ lI APPROVED: ATTEST: HNI-1 By: Cathy Wiles LIONELD JORDAN,Mayor ONDRA E.SMITH,City Clerk/Treasurer Exhibits for this ordinance may be viewed in the office of the City Clerk/Treasurer. Subscribed and sworn to before me This 1 5 day of 6,,yL oj— , 2011. a, '�-, i Notary Public My Commission Expires: is **NOTE** Please do not pay from Affidavit. Invoice will be sent.