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Home My WebLink AboutOrdinance 5513 ORDINANCE NO. 5513 AN ORDINANCE AMENDING § 167.04 TREE PRESERVATION AND PROTECTION DURING DEVELOPMENT AND § 177.05 STREET TREE PLANTING STANDARDS OF THE CODE OF FAYETTEVILLE TO PROVIDE A FIXED AMOUNT TO BE PAID INTO THE TREE ESCROW ACCOUNT RATHER THAN REASONABLE MAINTENANCE COST ESTIMATES 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 the first paragraph of subsection (J)(4) of §167.04 Tree Preservation and Protection During Development of the Code of Fayetteville, so that after amendment, it shall read as follows: "(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 $425.00 as three years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four years to ensure it remains the fair market costs for tree planting and maintenance for three years." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (A)(2)(f) of§177.05 Street Tree Planting Standards of the Code of Fayetteville, so that after amendment, it shall read as follows: "(f) Approval of a Maintenance Agreement and Landscape Establishment Guarantee shall be contingent upon the Developer depositing with the City of Fayetteville one of the following: currency, bond, irrevocable letter of credit or other surety. The amount shall be equal to that provided in § 167.04(J)(4)." Page 2 Ordinance No. 5513 PASSED and APPROVED this 17th day of July, 2012. APPROVED: ATTEST: �-- By- By: O ELD J AN, Mayor SONDRA E. SMITH, City Clerk/Treasurer ��•`�,�. .•....SSG%. FAY ETT EVILLE ; %�9s.gRKANSP.J2,? NcroN G. '' !!1!1l11111j° City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 7/17/2012 City Council Meeting Date Agenda Items Only Megan Dale ® Park Planning/Urban Forestry Parks and Recreation Submitted By Division Department Action Required: Staff recommends approving the proposed ordinance amendments to Chapter 167: Tree Preservation and Protection and Chapter 177: Landscape Requirements. 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# fDeparture Dir for Date n Original Contract Date: /`0 /'�' Z Original Contract Number: c4Mttorney Date 10,1Q -2-zciL Finance and Internal Services Director Date Received in Citi 5,-? -1 2 P 0 3: R c Clerk's Office i G�- -7-3 Chief of St Date Received in Mayor's Office % Z May r ate Comments: Revised January 15,2009 Fave eTHEV 1 CITY OF FAYETTEVILLE,ARKANSAS 1 DEPARTMENT CORRESPONDENCE ARKANSAS CITY COUNCIL AGENDA MEMO To: Mayor Lioneld Jordan and City Council Thru: Don Marr, Chief of Staff Connie Edmonston,Parks and Recreation Director Alison Jumper, Park Planning Superintendent arJ CC: Jeremy Pate,Development Services Director From: Megan Dale, Urban Forester® Date: 29 June 2012 Subject: Amendments to Chapter 167: Tree Preservation and Protection Ordinance and Chapter 177: Landscape Requirements PROPOSAL: Chapter 167 of the Unified Development Code encourages tree preservation as our top priority during development. Since this cannot always be fully achieved,the City Council authorized tree mitigation(including street trees)and payment into the Tree Escrow Account for the cost to plant and maintain a mitigation tree for three years. Although the City had determined the normal cost to obtain and plant a replacement tree to be $250.00,we did not have proper data to determine the reasonable maintenance costs to ensure the tree would survive three years. This would give the tree a much better chance to reach maturity. Therefore,the City competitively bid out a large number of street trees to be maintained for three years. Maintenance includes pruning,mulching,watering and weed removal. The City Council approved this maintenance contract which established the approximate three year maintenance cost to be$141.67 annually per tree or$425.00 per tree for three years of maintenance. This figure should now be incorporated into the Tree Preservation and Landscape Regulations Chapters of the U.D.C. to replace the language: "the developer shall submit cost estimates"and"the reasonable maintenance costs to ensure each tree survives at least tluee years." Using the newly determined fair market cost of$425.00 per tree and eliminating the option of the developer submitting cost estimates will ensure a uniform and fair treatment for all developers who are approved to use the Tree Escrow Account to meet the requirement of the Tree Preservation Code. With this change, when payments are made into the Tree Escrow Account,the developer shall pay$250 as the price of each tree plus $425 for three years of maintenance for a total of$675 per tree required. RECOMMENDATION: Staff recommends approving the proposed ordinance amendments to Chapter 167: Tree Preservation and Protection and Chapter 177: Landscape Requirements. Telecommunications Device for the Deaf TDD(479)521-1316 113 West Mountain-Fayetteville,AR 72701 THE CITY OF FAYETTEVILLE,ARKANSAS BUDGETIMPACT: The ordinance requirement will have not impact on the City budget. Rather, collecting a reasonable fee from developers for maintenance of trees will protect the City's urban forest infrastructure and provide for proper maintenance during the three year establishment period. ORDINANCE NO. AN ORDINANCE AMENDING § 167.04 TREE PRESERVATION AND PROTECTION DURING DEVELOPMENT AND § 177.05 STREET TREE PLANTING STANDARDS OF THE CODE OF FAYETTEVILLE TO PROVIDE A FIXED AMOUNT TO BE PAID INTO THE TREE ESCROW ACCOUNT RATHER THAN REASONABLE MAINTENANCE COST ESTIMATES 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 the first paragraph of subsection (J)(4) of § 167.04 Tree Preservation and Protection During Development of the Code of Fayetteville, so that after amendment, it shall read as follows: "(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 $425.00 as three years of maintenance costs to ensure each tree survives for that period of time. Tree planting and maintenance costs should be reviewed at least every four years to ensure it remains the fair market costs for tree planting and maintenance for three years." Section 2. That the City Council of the City of Fayetteville, Arkansas hereby amends subsection (A)(2)(f) of§ 177.05 Street Tree Planting Standards of the Code of Fayetteville, so that after amendment, it shall read as follows: "(f) Approval of a Maintenance Agreement and Landscape Establishment Guarantee shall be contingent upon the Developer depositing with the City of Fayetteville one of the following: currency, bond, irrevocable letter of credit or other surety. The amount shall be equal to that provided in § 167.04(J)(4)." PASSED and APPROVED this 17th day of July, 2012. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer NORTHWEST ARKANSAS DEMOCRAT-GAZETTE NORTHWESTARKANSAS THE MORNING NEWS OF SPRINGDALE T)cTHE MORNING NEWS OF ROGERS PqEWSPA "D l 11 E LLC NORTHWEST ARKANSAS TIMES BENTON COUNTY DAILY RECORD 212 NORTH EAST AVENUE,FAYETTEVILLE,ARKANSAS 72701 1 P.O.BOX 1607,72702 1479-442-1700 1 WWW.NWANEWS.COM AFFIDAVIT OF PUBLICATION I, Karen Caler, do solemnly swear that I am the Legal Clerk of the Northwest Arkansas Newspapers, LLC, printed and published in RECEIVED Washington and Benton County, Arkansas, bona fide circulation, JUL 2 2012 that from my own personal knowledge and reference to the files of said publication, the advertisement of: CITY of FAYETTEVILLE CITY CLERK'S OFFICE City of Fayetteville Ordinance 5513 A� Was inserted in the Regular Editions on: July 26, 2012 Publication Charges: $ 123.21 Karen Caler Subscribed and sworn to before me This day of , 2012. l/v Notary Public My Commission Expires: S" CATHY J.WILE Benton County , t ��w my Commission Expo®s February 20,2014 **NOTE** Please do not pay from Affidavit. Invoice will be sent. RECEIVED JUL 2 6 2012 CITY OF FAYETTEVILLE CITY CLERK'S OFFICE ORblNANQ NO 5513 AN ORDINANCE AMENDING§16704 TREE PRESERVATIONANDPROTECTIONDURING; Mfare seg DEV9LOPNIENT AND§177 05 STREET TREE,: nAxnMsns PLANTING STANDARRDS OF,THE CODE OF FAYETTEVI4LE l O PROVIDE A FIXEDwAMOUNT TO.BE PAID,,! THE TREE ESCROW ACCOUNT RATHER THAN REASONABLE MAINTENAt iCE COST ESTIMATES B IT ORDAINED BY THEFCITY COUNCIL OF;THE CITY OF FAYETTEVILLE, ARKNNSAS S ion That the City Coun- of the City of Fayetteyfli Arkansas hereby M amendshlie first��paragraph�of subseetiori(J)(4)of�§167 04 Tree Preservation and a Protection During Devglopment of the Code odi,jr Fayett�yil�e so{hat after amend <„ menty d shall read as follows (4)Tree escrow account Tree preservation on-site is always the preferred option w l on site mitigation off site preservation and off site forestation to; ' ,b&',considered 1n descending order only it tho more preferred optioh cannot be fully achieYed if none of these options can,completely fulfill ardeveloper s obil-� , gat(on under this TbW,Preservatibn and Protection Ch"apter the developer shall pay into theCity Tree escrow Account$25000foreabh tree requlfed tom ` the Base Density requireinents which fairly represents the posts of.matenal did labor to plant a tree:The developed shall also pay Into the Tree Eecro�w Funs! " ;$g25 00 as;three years of maintenance costs tQ ensyre;.epclitree survNes for- that penod of tir�ie Tree planting znd rnalntehance posts should be rewey✓ed;et least every four ears to ensure Wremains ttie fair market costs for tree planting and ma, tenance for three years Secfion 2.That-`the Cdy Counctl ofthe`City ofFayettewlle,=Arkansass;tiereby ameridsY' subsection„(A)(2)(f�of§177 05 Streett Tree Pia�ting StandaMs of the Code of Fayetteville,so that atter amendment iC shall read as follows "(f)Approval of a Maintenance Agreementanp Landscape Establishment � Quarantee shall tie contingent upon the De"v`eloper eposdmg with�the GRy of , 'Fayette"villa pneeof the":following eurrencY;pond i�vocagle letter of credit or - other surety3 The amount shall be equal to thatprovtded m§167-Q4(J)(4) PASSED.and