HomeMy WebLinkAboutOrdinance 6442113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
Ordinance: 6442
File Number: 2021-0358
AMEND CHAPTER 167 TREE PRESERVATION AND PROTECTION, CHAPTER 177
LANDSCAPE REGULATIONS AND CHAPTER 151 DEFINITIONS:
AN ORDINANCE TO AMEND CHAPTER 167 TREE PRESERVATION AND
PROTECTION, CHAPTER 177 LANDSCAPE REGULATIONS, AND CHAPTER 151
DEFINITIONS OF THE UNIFIED DEVELOPMENT CODE TO OFFER CLARIFICATION,
EFFICIENCIES, AND ADDITIONAL OPTIONS TO BOTH TREE PRESERVATION AND
LANDSCAPING CODES
WHEREAS, to streamline portions of the Tree Preservation and Landscape Codes, staff proposes
amendments to Chapters 167 and 177 to offer clarity, efficiency, and options to developers and staff;
and
WHEREAS, both the City Staff and the Planning Commission recommend approval of the changes.
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 § 167.04(E),
§ 167.04(F)(2), and § 167.04(I)(4) regarding tree preservation priorities as shown in Exhibit A 1
attached to the Urban Forester's agenda memo.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 167.04(F)(2)
(a) and § 167.04(L)(1) regarding tree preservation easements as shown in Exhibit B attached to the
Urban Forester's agenda memo.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 167.07
Page 1 Printed on 014121
Ordinance: 6442
File Number 2021-0358
regarding the regulation of commercial tree services as shown in Exhibit C 1 attached to the Urban
Forester's agenda memo.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 177.08 by
adding the following sentences to the end of the paragraph as shown in Exhibit D attached to the
Urban Forester's agenda memo:
"Tree planting may be delayed for optimal planting times with approval from the Urban Forester. A
deadline for delayed planting will be set and must be agreed upon with the Urban Forester."
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 167.04(J)(2)
and § 167.04(J)(3)(a) regarding off -site preservation alternatives as shown in Exhibit E attached to the
Urban Forester's agenda memo.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 167.01(B), §
167.04(J)(4), and § 167.10(A) and enacts a new § 167.04(I)(9) regarding mitigation alternatives as
shown in Exhibit F attached to the Urban Forester's agenda memo.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01
Definitions by enacting the following new definitions as shown in Exhibit G attached to the Urban
Forester's agenda memo:
"Mitigation Alternatives. Mitigation alternatives are plantings that are not trees but still offer
environmental benefits. Intensive Green Roofs, Extensive Green Roofs, and Green Facades are
mitigation alternatives.
Intensive Green Roof. A green roof with 6 inches or greater soil medium that can sustain plant
species with deeper root systems.
Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant
species with shallow root systems.
Green Fagade. A green fagade is created by growing climbing plants up and across the fagade
of a building, either from plants grown directly in the ground or a large container of at least 12
inches of soil medium. Plants can attach directly to the building or be supported with a 12" by
12" trellis system connected to the building.
Felling. The process of safely cutting a tree down and bringing the tree to the ground."
Page 2 Printed on 61*21
Ordinance: 6442
File Number: 2021-0356
PASSED and APPROVED on 6/1/2021
Attest:
�.,•• ciry ••,F'
F Kara Paxton, City Clerk Treasurer: �yFTT m-
Page 3 Primed on 014121
Exhibit Al
Code Change to § 167.04
(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 existing and not to be vacated 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) Priority Trees. The preservation and protection of high priority trees shall be enforced most
stringently to meet the minimum percentage of canopy preservation. High priority trees are alive,
healthy, greater than or equal to an eight -inch diameter at breast height for large and medium
species of trees. High priority for small species of trees is greater than or equal to a four -inch
diameter. Low priority trees are invasive species or unhealthy as determined by a tree care
professional pursuant to 167.07. Low priority trees are less than an eight -inch diameter at breast
height for larger and medium species and less than a four -inch diameter at breast height for
smaller trees species.
(F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be
located in areas that have the least possibility of impact as public infrastructure and proposed
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 developments
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 existing and not to be vacated utility easements shall not be counted
toward the percent minimum canopy requirement, and such proposed utilities shall be routed to
avoid existing canopy and shall count toward the percent minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation
plan for the development of nonresidential developments. The Urban Forester shall recommend
to the Planning Commission the option that will potentially preserve the largest amount of high
priority canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(1) Request for On -Site Mitigation.
(1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum
canopy requirement must be incorporated with the applicant's tree preservation plan.
(2) Plan Requirements. The tree preservation plan must graphically represent the species and
location for all existing trees on -site. It shall also include a chart clearly stating the following
information:
(a) The number of trees requested for removal;
(b) The percentage below the percent minimum canopy requirement they represent; and,
(c) The species and number of trees to be planted based on the forestation requirements below.
(3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation
plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and
Landscape Manual.
(4) Forestation Requirements. The number and species of trees required for forestation shall be
based upon the quality of the canopy lost:
(a) High Priority Canopy. When removing high priority canopy below the percent minimum
canopy required, the canopy square footage removed shall be forested at a base density of
two hundred (200), 2-inch caliper trees per acre removed.
(b) Low Priority Canopy. When removing low priority canopy below the percent minimum
required, the canopy square footage removed shall be forested at a base density of one
hundred (100), 2-inch caliper trees per acre removed.
Exhibit B
Code Change to § 167.04
(F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments
(1) Residential Developments. The percent minimum canopy in residential developments shall be
located in areas that have the least possibility of impact as public infrastructure and proposed
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 developments
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 existing and not to be vacated utility easements shall not be counted
toward the percent minimum canopy requirement, and such proposed utilities shall be routed to
avoid existing canopy and shall count toward the percent minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation
plan for the development of nonresidential developments. The Urban Forester shall recommend
to the Planning Commission the option that will potentially preserve the largest amount of priority
canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(a) Preservation Plan for Entire Development. The developer may choose to preserve the
percent minimum canopy required forthe entire development. With this option, the preserved
canopy shall be located in areas that will not be impacted by future development of the
individual lots. Canopy to be preserved shall be noted on the final plat, and shall be protected
as set forth in §167.04(L) below. Should the entire percent minimum canopy requirement for
the site be so protected, the preserved canopy shall be placed in a tree preservation
easement and the final plat shall include a statement that the individual lots, as represented
thereon, shall not require separate tree preservation plans.
(b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall
delineate the area required for the construction of the infrastructure and improvements for
the development. This area should include street rights -of -way, and utility and drainage
easements. Proposed lot lines, streets, and easements shall be located to avoid placing a
disproportionate percentage of existing canopy in any one (1) proposed lot. This option shall
not allow the removal of trees during the grading of individual lots, unless shown by the
developer to be essential to the project's engineering design. The developer will be required
to compensate for the canopy removed from defined individual lots by making the
appropriate payment into the Tree Escrow Account. On all other areas of the development,
the developer shall protect the existing canopy during the construction phase in accordance
with §167.05 below. The final plat shall include a statement that the individual lots shall
require separate tree preservation plans.
(L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree
Preservation Easements.
(1) Large scale developments, large scale site improvements, and commercial preliminary plats are
required to dedicate a tree preservation easement, if any existing tree are to be preserved. The
tree preservation easement shall be the size of the minimum canopy preservation requirement, if
possible. If the minimum tree preservation canopy is not available, the applicant will not be
required to dedicate the minimum canopy preservation. The applicant will have to dedicate a tree
preservation easement that is agreed upon with The Urban Forester. In order to ensure that an
applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are
put on notice as to the existence and extent of approved tree preservation easements which shall
be clearly depicted and noted on the easement plats for large scale developments, large scale
site improvements, commercial final plats, and any plats with a tree preservation easement. This
shall be accompanied by a narrative statement describing the nature of the protection afforded,
and bearing the signature of the Urban Forester. If it is impractical to include the actual depiction
of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note
cross referencing an accompanying document shall suffice.
(2) The geographic extent and location of tree preservation easements, 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
urban forester, 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 easement shall seek prior approval from the Urban Forester, 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 Urban Forester determines that natural replacements of sufficient health and vigor are
already present in the tree preservation easement.
Exhibit C1
Code Change to § 167.07
167.07 - Commercial Tree Pruner/Service; Certificate And Insurance Required
(A) Certificate Required. Before cutting, pruning. felling, or trimming any tree within the City of
Fayetteville, the owner and supervisory personnel of each business performing commercial and
residential tree work shall obtain a professional certificate for tree care. Felling a tree is the process of
safely cutting down trees. Removal of trees on the ground and tree debris already on the ground does
not require certification. Machine operators on sites with approved grading plans are not required to
be certified for land clearing or land grubbing on approved projects. A person working on cutting,
pruning, felling, or trimming trees that are not currently certified shall be seeking certification and under
the direct supervision of a person certified. Current and in good standing certification proof shall be
required at all job sites. Property owners are responsible for confirming certification. The City of
Fayetteville recognizes:
i International Society of Arboriculture: Certified Arborists, Municipal Arborist, Master
Arborist, Tree Worker (Climber & Lift Specialist)
Tree Care Industry Association Accredited Company
(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) Workers Compensation. Those individuals performing commercial tree work on public grounds shall
comply with all worker's compensation requirements as set forth under Arkansas law.
(D) Licensure. Those individuals performing tree surgery shall comply with licensure requirements as set
forth under Arkansas law.
Exhibit D
Code Changes to & 177.08 - Timing Of Installation
Required landscaping shall be installed prior to the issuance of a final certificate of occupancy or filing of
the final p►at, whichever development procedure is most applicable. A ninety (90) day temporary certificate
of occupancy may be issued or a final plat may be filed once the owner deposits, with the City, U.S. currency
or an irrevocable letter of credit in an amount equal to 150% of the estimated cost of the uninstalled plant
material. The letter of credit must be from a bank or banking institution doing business within the State of
Arkansas which is a member of the Federal Deposit Insurance Corporation. Tree planting may be delayed
for optimal planting times with approval from the Urban Forester. A deadline for delayed planting will be set
and must be agreed upon with the Urban Forester.
Exhibit E
Code Change to 4 167.04
(J) Request for Off -Site Alternatives.
(1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated
in, and submitted concurrently with the applicant's tree preservation plan.
(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.
(3) Off -Site Forestation.
(a) 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. A tree preservation easement must be conveyed concurrently with or prior to submission of
a final plat by the applicant to the City to protect any off -site preservation or forestation and the legal
description of the tree preservation easement shall also appear on the final plat.
Exhibit F
Code Change to § 167.01 - Purpose
It is the purpose of this chapter to preserve and protect the health, safety, and general welfare,
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 (trees) shall next be pursued.
(3) If on -site mitigation (trees) cannot be achieved. off -site preservation shall be pursued.
(4) If off -site preservation cannot be achieved, off -site forestation shall be pursued.
(5) If off -site forestation cannot be achieved, on -site mitigation alternatives (green roofs and or green
facades) shall be pursued.
(6) If none of the above approaches can be achieved, payment shall be made to the tree escrow
account.
8
Code Change — Enact new § 167.04(I)(9)
(9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Facades).
(a) Intent. The intent is to allow previously developed sites with at least 50% existing
impervious area and limited space for planting trees to use on -site mitigation alternatives
to meet the mitigation requirements and still contribute beneficial plant materials that
provide positive ecosystem services.
(b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives to
planting trees in form -based zoning districts that allow for mixed -use and do not have a
building area maximum requirement. On -Site Mitigation Alternatives may not be utilized
on sites that have adequate space to meet landscape requirements.
(c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site alternatives
must be incorporated and submitted concurrently with the applicant's tree preservation
plan.
(d) Intensive Green Roof- A green roof with 6 inches or great soil medium that can sustain
plant species with deeper root systems.
(e) Extensive Green Roof- A green roof with 2 to 5 inches of soil medium that can sustain
plant species with shallow root systems.
(f) Green Fapade- A green fagade is created by growing climbing plants up and across the
fagade of a building, either from plants grown directly in the ground or a large container of
at least 12 inches of soil medium. Plants can attach directly to the building or be
supported with a 12" by 12" trellis system connected to the building.
(g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof,
intensive green roof, and green fagade in lieu of a mitigation tree shall be based from
square footage of tree canopy.
(i) The calculation for an extensive green roof shall be based from a ratio of 1
square foot of tree canopy to 2.5 square feet of extensive green roof.
(ii) The calculation for an intensive green roof shall be based from a ratio of 1 square
foot of tree canopy to 1.4 square feet of intensive green roof.
(iii) The calculation for a green fagade shall be done based from a ratio of 1 square
foot of tree canopy to 2.5 square feet of green fagade.
Code Change to § 167.04(J)(4)
(4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site
mitigation, off -site preservation, off -site forestation.. and on -site mitigation alternatives 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 (3) 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 (4) years to ensure it
remains the fair market costs for tree planting and maintenance for three (3) years.
Code Change to § 167.10(A)
(A) Maintenance Agreement and Landscape Establishment Guarantee. All plans requesting on -site
mitigation or off -site forestation shall include a binding three year maintenance and monitoring plan.
which shall hold the applicant responsible for the health of all planted trees.
(1) Approval of a plan requesting on -site mitigation, on -site mitigation alternatives, or off -site
forestation shall be contingent upon the applicant depositing with the City either currency, bond
irrevocable letter of credit or other surety, in an amount equal to the estimated cost of materials
and labor of trees at the time of planting. The bond. irrevocable letter of credit, or other surety
must cover the entire three (3) year maintenance and monitoring period. The amount shall be
equal to that provided in §167.04(J)(4).
(2) Upon completion of the three (3) year landscape establishment period, the Urban Forester shall
inspect the site and determine whether 90% of the trees are healthy and have a reasonable
chance of surviving to maturity. Upon such finding, the City shall release the currency, bond. or
letter of credit.
(3) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead
trees, or take other appropriate action as approved by the Urban Forester. If the applicant does
not take remedial steps to bring the property into compliance, the City shall use the necessary
monies from the landscape establishment guarantee to do so.
(4) In the event trees are injured or destroyed by natural disasters, including but not limited to,
tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the
independent actions of third parties, the applicant shall be relieved of the responsibility of
replanting the tree or trees so affected.
(5) However, in lieu of cash surety, letter of credit, or bond, the monitoring and maintenance
requirement may also be met through proof of a three year tree maintenance contract with a
landscape contractor approved by the Urban Forester. The contract shall name the City of
Fayetteville as a third party beneficiary. This fully executed contract shall contain:
(a) Itemized proof of payment or charge for three (3) years of watering and maintenance for
each required tree and maintenance for on -site mitigation alternatives.
(b) A clause that requires that if the approved contract is breached, the developer shall either
immediately supply an acceptable replacement maintenance contract or shall deposit into
the City's Tree Escrow Account the amount set forth in §167.04(J)(4).
(c) After inspection by the Urban Forester at the end of the three year period, if the Urban
Forester determines that less than 90% of the trees or 90% of the on -site mitigation
alternatives are found healthy and with a reasonable chance of surviving to maturity. the
trees shall be replaced by the developer within sixty (60) days of notice from the Urban
Forester. If the developer fails to comply. the City would recover losses as outlined in the
contract.
IN
Exhibit G
Code Change to § 151.01 to enact the following definitions
Mitigation Alternatives- Mitigation alternatives are plantings that are not trees but still offer
environmental benefits. Intensive Green Roofs, Extensive Green Roofs, and Green Facades are
mitigation alternatives.
Intensive Green Roof- A green roof with 6 inches or great soil medium that can sustain plant
species with deeper root systems.
Extensive Green Roof- A green roof with 2 to 5 inches of soil medium that can sustain plant
species with shallow root systems.
Green Fagade- A green fagade is created by growing climbing plants up and across the facade
of a building, either from plants grown directly in the ground or a large container of at least 12
inches of soil medium. Plants can attach directly to the building or be supported with a 12" by
12" trellis system connected to the building.
Felling — The process of safely cutting a tree down and bringing the tree to the ground.
11
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479)575-8323
Text File
File Number: 2021-0358
Agenda Date: 6/1/2021 Version: 1 Status: Passed
In Control: City Council Meetinq File Type: Ordinance
Agenda Number: B.1
AMEND CHAPTER 167 TREE PRESERVATION AND PROTECTION, CHAPTER 177
LANDSCAPE REGULATIONS AND CHAPTER 151 DEFINITIONS:
AN ORDINANCE TO AMEND CHAPTER 167 TREE PRESERVATION AND PROTECTION,
CHAPTER 177 LANDSCAPE REGULATIONS, AND CHAPTER 151 DEFINITIONS OF THE
UNIFIED DEVELOPMENT CODE TO OFFER CLARIFICATION, EFFICIENCIES, AND
ADDITIONAL OPTIONS TO BOTH TREE PRESERVATION AND LANDSCAPING CODES
WHEREAS, to streamline portions of the Tree Preservation and Landscape Codes, staff proposes
amendments to Chapters 167 and 177 to offer clarity, efficiency, and options to developers and staff; and
WHEREAS, both the City Staff and the Planning Commission recommend approval of the changes.
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 § 167.04(E), § 167.04(F)
(2), and § 167.04(I)(4) regarding tree preservation priorities as shown in Exhibit Al attached to the Urban
Forester's agenda memo.
Section 2: That the City Council of the City of Fayetteville, Arkansas hereby amends § 167.04(F)(2)(a) and
§167.04(L)(1) regarding tree preservation easements as shown in Exhibit B attached to the Urban Forester's
agenda memo.
Section 3: That the City Council of the City of Fayetteville, Arkansas hereby amends § 167.07 regarding the
regulation of commercial tree services as shown in Exhibit C 1 attached to the Urban Forester's agenda memo.
Section 4: That the City Council of the City of Fayetteville, Arkansas hereby amends § 177.08 by adding the
following sentences to the end of the paragraph as shown in Exhibit D attached to the Urban Forester's agenda
memo:
"Tree planting may be delayed for optimal planting times with approval from the Urban Forester. A deadline for
delayed planting will be set and must be agreed upon with the Urban Forester."
City of Fayetteville, Arkansas Page 1 Printed on 61412021
File Number: 2021-0358
Section 5: That the City Council of the City of Fayetteville, Arkansas hereby amends § 167.04(J)(2) and §
167.04(J)(3)(a) regarding off -site preservation alternatives as shown in Exhibit E attached to the Urban
Forester's agenda memo.
Section 6: That the City Council of the City of Fayetteville, Arkansas hereby amends § 167.01(B), § 167.04(J)
(4), and § 167.10(A) and enacts a new § 167.04(I)(9) regarding mitigation alternatives as shown in Exhibit F
attached to the Urban Forester's agenda memo.
Section 7: That the City Council of the City of Fayetteville, Arkansas hereby amends § 151.01 Definitions by
enacting the following new definitions as shown in Exhibit G attached to the Urban Forester's agenda memo:
"Mitigation Alternatives. Mitigation alternatives are plantings that are not trees but still offer
environmental benefits. Intensive Green Roofs, Extensive Green Roofs, and Green Facades are
mitigation alternatives.
Intensive Green Roof. A green roof with 6 inches or greater soil medium that can sustain plant
species with deeper root systems.
Extensive Green Roof. A green roof with 2 to 5 inches of soil medium that can sustain plant
species with shallow root systems.
Green Facade. A green facade is created by growing climbing plants up and across the facade
of a building, either from plants grown directly in the ground or a large container of at least 12
inches of soil medium. Plants can attach directly to the building or be supported with a 12" by
12" trellis system connected to the building.
Felling. The process of safely cutting a tree down and bringing the tree to the ground."
City of Fayetteville, Arkansas Page 2 Printed on 61412021
Exhibit Al
Code Change to § 167.04
(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 existing and not to be vacated 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) Priority Trees. The preservation and protection of high priority trees shall be enforced most
stringently to meet the minimum percentage of canopy preservation. High priority trees are alive,
healthy, greater than or equal to an eight -inch diameter at breast height for large and medium
species of trees. High priority for small species of trees is greater than or equal to a four -inch
diameter. Low priority trees are invasive species or unhealthy as determined by a tree care
professional pursuant to 167.07. Low priority trees are less than an eight -inch diameter at breast
height for larger and medium species and less than a four -inch diameter at breast height for
smaller trees species.
(F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be
located in areas that have the least possibility of impact as public infrastructure and proposed
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 developments
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 existing and not to be vacated utility easements shall not be counted
toward the percent minimum canopy requirement, and such proposed utilities shall be routed to
avoid existing canopy and shall count toward the percent minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation
plan for the development of nonresidential developments. The Urban Forester shall recommend
to the Planning Commission the option that will potentially preserve the largest amount of high
priority canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(1) Request for On -Site Mitigation.
(1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum
canopy requirement must be incorporated with the applicant's tree preservation plan.
(2) Plan Requirements. The tree preservation plan must graphically represent the species and
location for all existing trees on -site. It shall also include a chart clearly stating the following
information:
(a) The number of trees requested for removal;
(b) The percentage below the percent minimum canopy requirement they represent; and,
(c) The species and number of trees to be planted based on the forestation requirements below.
(3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation
plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and
Landscape Manual.
(4) Forestation Requirements. The number and species of trees required for forestation shall be
based upon the quality of the canopy lost:
(a) High Priority Canopy. When removing high priority canopy below the percent minimum
canopy required, the canopy square footage removed shall be forested at a base density of
two hundred (200), 2-inch caliper trees per acre removed.
(b) Low Priority Canopy. When removing low priority canopy below the percent minimum
required, the canopy square footage removed shall be forested at a base density of one
hundred (100), 2-inch caliper trees per acre removed.
Exhibit B
Code Change to § 167.04
(F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be
located in areas that have the least possibility of impact as public infrastructure and proposed
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 developments
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 existing and not to be vacated utility easements shall not be counted
toward the percent minimum canopy requirement, and such proposed utilities shall be routed to
avoid existing canopy and shall count toward the percent minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation
plan for the development of nonresidential developments. The Urban Forester shall recommend
to the Planning Commission the option that will potentially preserve the largest amount of priority
canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(a) Preservation Plan for Entire Development. The developer may choose to preserve the
percent minimum canopy required for the entire development. With this option, the preserved
canopy shall be located in areas that will not be impacted by future development of the
individual lots. Canopy to be preserved shall be noted on the final plat, and shall be protected
as set forth in §167.04(L) below. Should the entire percent minimum canopy requirement for
the site be so protected, the preserved canopy shall be placed in a tree preservation
easement and the final plat shall include a statement that the individual lots, as represented
thereon, shall not require separate tree preservation plans.
(b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall
delineate the area required for the construction of the infrastructure and improvements for
the development. This area should include street rights -of -way, and utility and drainage
easements. Proposed lot lines, streets, and easements shall be located to avoid placing a
disproportionate percentage of existing canopy in any one (1) proposed lot. This option shall
not allow the removal of trees during the grading of individual lots, unless shown by the
developer to be essential to the project's engineering design. The developer will be required
to compensate for the canopy removed from defined individual lots by making the
appropriate payment into the Tree Escrow Account. On all other areas of the development,
the developer shall protect the existing canopy during the construction phase in accordance
with §167.05 below. The final plat shall include a statement that the individual lots shall
require separate tree preservation plans.
(L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree
Preservation Easements.
(1) Large scale developments, large scale site improvements, and commercial preliminary plats are
required to dedicate a tree preservation easement, if any existing tree are to be preserved. The
tree preservation easement shall be the size of the minimum canopy preservation requirement, if
possible. If the minimum tree preservation canopy is not available, the applicant will not be
required to dedicate the minimum canopy preservation. The applicant will have to dedicate a tree
preservation easement that is agreed upon with The Urban Forester. In order to ensure that an
applicant's heirs, successors, assigns, or any subsequent purchasers of the subject property are
put on notice as to the existence and extent of approved tree preservation easements which shall
be clearly depicted and noted on the easement plats for large scale developments, large scale
site improvements, commercial final plats, and any plats with a tree preservation easement. This
shall be accompanied by a narrative statement describing the nature of the protection afforded,
and bearing the signature of the Urban Forester. If it is impractical to include the actual depiction
of the canopy in a tree preservation easement on the easement plat, or final plat itself, a note
cross referencing an accompanying document shall suffice.
(2) The geographic extent and location of tree preservation easements, 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
urban forester, 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 easement shall seek prior approval from the Urban Forester, 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 Urban Forester determines that natural replacements of sufficient health and vigor are
already present in the tree preservation easement.
4
Exhibit C1
Code Change to § 167.07
167.07 - Commercial Tree Pruner/Service; Certificate And Insurance Required
(A) Certificate Required. Before cutting, pruning, felling, or trimming any tree within the City of
Fayetteville, the owner and supervisory personnel of each business performing commercial and
residential tree work shall obtain a professional certificate for tree care. Felling a tree is the process of
safely cutting down trees. Removal of trees on the ground and tree debris already on the ground does
not require certification. Machine operators on sites with approved grading plans are not required to
be certified for land clearing or land grubbing on approved projects. A person working on cutting,
pruning, felling, or trimming trees that are not currently certified shall be seeking certification and under
the direct supervision of a person certified. Current and in good standing certification proof shall be
required at all job sites. Property owners are responsible for confirming certification. The City of
Fayetteville recognizes:
i International Society of Arboriculture: Certified Arborists, Municipal Arborist, Master
Arborist, Tree Worker (Climber & Lift Specialist)
Tree Care Industry Association Accredited Company
(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) 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.
(D) Licensure. Those individuals performing tree surgery shall comply with licensure requirements as set
forth under Arkansas law.
Exhibit D
Code Changes to 4 177.08 - Timing Of Installation
Required landscaping shall be installed prior to the issuance of a final certificate of occupancy or filing of
the final plat, whichever development procedure is most applicable. A ninety (90) day temporary certificate
of occupancy may be issued or a final plat may be filed once the owner deposits, with the City, U.S. currency
or an irrevocable letter of credit in an amount equal to 150% of the estimated cost of the uninstalled plant
material. The letter of credit must be from a bank or banking institution doing business within the State of
Arkansas which is a member of the Federal Deposit Insurance Corporation. Tree planting may be delayed
for optimal planting times with approval from the Urban Forester. A deadline for delayed planting will be set
and must be agreed upon with the Urban Forester.
Exhibit E
Code Change to § 167.04
(J) Request for Off -Site Alternatives.
(1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated
in, and submitted concurrently with the applicant's tree preservation plan.
(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.
(3) Off -Site Forestation.
(a) 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. A tree preservation easement must be conveyed concurrently with or prior to submission of
a final plat by the applicant to the City to protect any off -site preservation or forestation and the legal
description of the tree preservation easement shall also appear on the final plat.
Exhibit F
Code Change to § 167.01 - Purpose
It is the purpose of this chapter to preserve and protect the health, safety, and general welfare,
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 (trees) shall next be pursued.
(3) If on -site mitigation (trees) cannot be achieved, off -site preservation shall be pursued.
(4) If off -site preservation cannot be achieved, off -site forestation shall be pursued.
(5) If off -site forestation cannot be achieved, on -site mitigation alternatives (green roofs and or green
facades) shall be pursued.
(6) If none of the above approaches can be achieved, payment shall be made to the tree escrow
account.
Code Change — Enact new § 167.040)(9)
(9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Facades).
(a) Intent. The intent is to allow previously developed sites with at least 50% existing
impervious area and limited space for planting trees to use on -site mitigation alternatives
to meet the mitigation requirements and still contribute beneficial plant materials that
provide positive ecosystem services.
(b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives to
planting trees in form -based zoning districts that allow for mixed -use and do not have a
building area maximum requirement. On -Site Mitigation Alternatives may not be utilized
on sites that have adequate space to meet landscape requirements.
(c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site alternatives
must be incorporated and submitted concurrently with the applicant's tree preservation
plan.
(d) Intensive Green Roof- A green roof with 6 inches or great soil medium that can sustain
plant species with deeper root systems.
(e) Extensive Green Roof- A green roof with 2 to 5 inches of soil medium that can sustain
plant species with shallow root systems.
(f) Green Fagade- A green fagade is created by growing climbing plants up and across the
fagade of a building, either from plants grown directly in the ground or a large container of
at least 12 inches of soil medium. Plants can attach directly to the building or be
supported with a 12" by 12" trellis system connected to the building.
(g) Mitigation Alternative Calculations. The applicant's plan to install an extensive green roof,
intensive green roof, and green fagade in lieu of a mitigation tree shall be based from
square footage of tree canopy.
(i) The calculation for an extensive green roof shall be based from a ratio of 1
square foot of tree canopy to 2.5 square feet of extensive green roof.
(ii) The calculation for an intensive green roof shall be based from a ratio of 1 square
foot of tree canopy to 1.4 square feet of intensive green roof.
(iii) The calculation for a green facade shall be done based from a ratio of 1 square
foot of tree canopy to 2.5 square feet of green facade.
Code Change to § 167.040)(4)
(4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site
mitigation, off -site preservation, off -site forestation, and on -site mitigation alternatives 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 (3) 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 (4) years to ensure it
remains the fair market costs for tree planting and maintenance for three (3) years.
Code Change to § 167.10(A)
(A) Maintenance Agreement and Landscape Establishment Guarantee. All plans requesting on -site
mitigation or off -site forestation shall include a binding three year maintenance and monitoring plan,
which shall hold the applicant responsible for the health of all planted trees.
(1) Approval of a plan requesting on -site mitigation, on -site mitigation alternatives, or off -site
forestation shall be contingent upon the applicant depositing with the City either currency, bond
irrevocable letter of credit or other surety, in an amount equal to the estimated cost of materials
and labor of trees at the time of planting. The bond, irrevocable letter of credit, or other surety
must cover the entire three (3) year maintenance and monitoring period. The amount shall be
equal to that provided in §167.04(J)(4).
(2) Upon completion of the three (3) year landscape establishment period, the Urban Forester shall
inspect the site and determine whether 90% of the trees are healthy and have a reasonable
chance of surviving to maturity. Upon such finding, the City shall release the currency, bond, or
letter of credit.
(3) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead
trees, or take other appropriate action as approved by the Urban Forester. If the applicant does
not take remedial steps to bring the property into compliance, the City shall use the necessary
monies from the landscape establishment guarantee to do so.
(4) In the event trees are injured or destroyed by natural disasters, including but not limited to,
tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the
independent actions of third parties, the applicant shall be relieved of the responsibility of
replanting the tree or trees so affected.
(5) However, in lieu of cash surety, letter of credit, or bond, the monitoring and maintenance
requirement may also be met through proof of a three year tree maintenance contract with a
landscape contractor approved by the Urban Forester. The contract shall name the City of
Fayetteville as a third party beneficiary. This fully executed contract shall contain:
(a) Itemized proof of payment or charge for three (3) years of watering and maintenance for
each required tree and maintenance for on -site mitigation alternatives.
(b) A clause that requires that if the approved contract is breached, the developer shall either
immediately supply an acceptable replacement maintenance contract or shall deposit into
the City's Tree Escrow Account the amount set forth in §167.04(J)(4).
(c) After inspection by the Urban Forester at the end of the three year period, if the Urban
Forester determines that less than 90% of the trees or 90% of the on -site mitigation
alternatives are found healthy and with a reasonable chance of surviving to maturity, the
trees shall be replaced by the developer within sixty (60) days of notice from the Urban
Forester. If the developer fails to comply, the City would recover losses as outlined in the
contract.
10
Exhibit G
Code Change to & 151.01 to enact the following definitions
Mitigation Alternatives- Mitigation alternatives are plantings that are not trees but still offer
environmental benefits. Intensive Green Roofs, Extensive Green Roofs, and Green Facades are
mitigation alternatives.
Intensive Green Roof- A green roof with 6 inches or great soil medium that can sustain plant
species with deeper root systems.
Extensive Green Roof- A green roof with 2 to 5 inches of soil medium that can sustain plant
species with shallow root systems.
Green Fagade- A green fagade is created by growing climbing plants up and across the fagade
of a building, either from plants grown directly in the ground or a large container of at least 12
inches of soil medium. Plants can attach directly to the building or be supported with a 12" by
12" trellis system connected to the building.
Felling — The process of safely cutting a tree down and bringing the tree to the ground.
11
City of Fayetteville Staff Review Form
2021-0358
Legistar File ID
5/18/2021
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
Jonathan Curth 4/2/2021 DEVELOPMENT SERVICES (620)
Submitted By Submitted Date Division / Department
Action Recommendation:
ADM-2021-000033: Administrative Item (Amend Unified Development Code §167, Tree Preservation and Protection,
and §177, Landscape Regulations): Submitted by CITY STAFF for revisions to the UDC Chapters §167 and §177. The
proposed changes would offer clarification, efficiencies, and additional options to both Tree Preservation and
Landscaping codes.
Account Number
Project Number
Budgeted Item? NA
Does item have a cost? No
Budget Adjustment Attached? NA
Purchase Order Number:
Change Order Number:
Original Contract Number:
Comments:
Budget Impact:
Fund
Project Title
Current Budget $ -
Funds Obligated $ -
Current Balance
Item Cost
Budget Adjustment
Remaining Budget
V20180321
Previous Ordinance or Resolution #
Approval Date:
CITY OF
FAYETTEVILLE
%PF ARKANSAS
MEETING OF MAY 18, 2021
TO: Mayor and City Council
CITY COUNCIL MEMO
THRU: Jonathan Curth, Development Services Director
Peter Nierengarten, Environmental Director, Sustainability & Resilience
Connie Edmonston, Parks and Recreation Director
FROM: Melissa Evans, Urban Forester
John Scott, Urban Forester
DATE: April 30, 2021
SUBJECT: ADM-2021-000033: Administrative Item (Amend Unified Development Code
§167, Tree Preservation and Protection, and §177, Landscape Regulations):
Submitted by CITY STAFF for revisions to the UDC Chapters §167 and §177.
The proposed changes would offer clarification, efficiencies, and additional
options to both Tree Preservation and Landscaping codes.
RECOMMENDATION:
City Staff and Planning Commission recommend approval of amendments to the Unified
Development Code Chapters 167, Tree Preservation and Protection, and Chapter 177,
Landscape Regulations to clarify standards, reduce redundancies, and streamline processes.
BACKGROUND:
To streamline portions of the Tree Preservation and Landscape Codes, staff proposes
amendments to Chapters 167 and 177 of the Unified Development Code (UDC). The proposed
amendments offer clarity, efficiency, and options to developers and staff.
Urban Forestry Staff is proposing amendments to the following portions of UDC 167 and 177.
1. 167.04 (E) Tree preservation priorities (Exhibit A)
2. 167.04 (E) Tree Preservation priorities with changes discussed but not approved at
Planning Commission (Exhibit Al)
3. 167.04(F)(L) Tree preservation easements (Exhibit B)
4. 167.07 Commercial Tree Pruner/Service; Certificate, and Insurance Required (Exhibit C)
5. 167.07 Commercial Tree Pruner/Service; Certificate, and Insurance Required changes
discussed at Planning Commission but not approved. (Cl)
6. 177.08 - Timing of Installation (Exhibit D)
7. 167.04 (J) Off -site preservation and outside city limits (Exhibit E)
8. 167 Mitigation Alternatives, various location (Exhibit F)
9. 151 Definitions (Exhibit G)
10. A follow-up letter to developers that we spoke with in January. (Exhibit H)
11. Planning Commission Results Memo (Exhibit 1)
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
Chapter 167 Tree Preservation and Protection in its current form has been in place since 2001
with minor updates and amendments since the initial implementation. The Urban Forestry
Advisory Board reviewed this chapter for changes in 2018 and Chapter 177 Landscape
Regulations in 2019. There were several recommended changes for both chapters. Urban
Forestry experienced various delays in proposing amendments and was recently asked to bring
some of the recommendations forward. The currently -proposed amendment represents the
changes that staff found to be the least contentious and with potential for united support.
In vetting the proposal, staff met with developers, engineers, and other professionals in the
development field during January 2021. They did not object to the proposed code changes and
were very excited about the mitigation alternatives. The Urban Forestry Advisory Board
forwarded the proposed code changes at their February 13, 2021 meeting.
MARCH 22, 2021 Planning Commission Meeting:
On March 22, the Planning Commission tabled the item with a request to follow-up with the
initial focus group of developers that staff met with in January. Urban Forestry staff emailed a
follow-up message (Exhibit H) to the group of developers and designers with the actions we
took away from the January meeting. The email addresses the topics that were discussed at
that initial meeting. Urban Forestry staff did not receive responses.
Staff also received a request from City Councilmember Turk to tighten up the language in
Mitigation Alternatives' intent. Staff added language that mitigation alternatives should only be
used for infill sites with at least 50% existing impervious area. These requirements were set to
prevent greenfield sites from using this as a possible loophole for not planting trees.
APRIL 12, 2021 PLANNING COMMISSION MEETING- On April 12', the Planning Commission
unanimously approved the changes as written. Two important items were brought up and
discussed. Dead trees were included as low priority trees and would have to be counted for
mitigation. The Planning Commission voted 4-4 on an amendment to change the wording, citing
a concern that developers might cut trees down before submitting development applications and
not have any consequences for that act.
Urban Forestry staff and the City Attorney's office agree that it is not appropriate to require
developers and property owners to count or mitigate dead trees. The Unified Development
Code addresses the Planning Commission's concerns with 167.04 (D). A penalty is assessed
for projects that remove trees in the previous five years preceding a development application.
Therefore, Urban Forestry staff and the City Attorney recommends approval of alternate Exhibit
A1, which omits 'dead trees' from the low priority list.
167.07 Commercial Tree Pruner/Service; Certificate and Insurance Required was questioned
concerning Tree Care Industry Association (TCIA) Trimming Certificates. TCIA does not have a
'Trimming Certificate' but does instead have TCIA 'Accredited Company.' Staff noted these
corrections and included them in 167.07 Exhibit C1. This information was confirmed with Bob
Longo, the TCIA Member Engagement Coordinator for the Southeast.
Urban Forestry Staff also heard from Jeremy Williams; he suggested we include all of the ISA
accreditations: Municipal Arborist, Master Arborist, Tree Worker (Climber & Lift Specialist).
Urban Forestry staff recommends approval of the alternate Exhibit C1, which corrects the
accreditation.
DISCUSSION:
The following summary explains the proposed Code Amendments:
167.04 (E) Tree Preservation Priorities- Urban Foresters have regular debates with
developers, engineers, and property owners on high, middle, and low priorities. Trees that are
alive, healthy, and providing ecosystem services are a high priority for our City regardless of
size. We are proposing to simplify this into two different categories, High and Low. High priority
trees are alive, and 8 inches DBH (Diameter at Breast Height) and low priority are invasive,
unhealthy as determined by a tree care professional, and very small trees. Staff recognizes that
this will increase mitigation requirements and ran several scenarios based on the new
proposals. We found that for most projects, it would only amount to one or two trees. Larger
subdivision projects that are adding hundreds of homes would be impacted the most.
167.04 (F) (L) Tree Preservation Easement Size- Currently, our code does not give staff or
developers guidance on the size of a tree preservation easement. Logically, the minimum tree
preservation requirement should be the same as the tree preservation easement requirement.
If the required minimum preservation amount is not available, then typical negotiations with
Urban Forester should occur. Public Comments: Urban Forestry staff did meet with several
engineers, developers and received positive feedback from the developers for the proposed
changes.
167.07 (A) Commercial Tree Pruner/Service: Certificate and Insurance Required- The code
required Urban Forestry staff to test, certify, and keep an active list of anyone working in the
City of Fayetteville trimming or removing trees. The code intended to protect consumers and
trees from less than desirable practices, specifically after the 2009 Ice Storm. Staff agrees with
the purpose but recognizes two professional organizations that certify and have continuing
education requirements for best management practices in the tree care industry. The proposed
code eliminates those redundant requirements and requires that professionals in the tree care
industry have nationally recognized certifications. The changes do not change insurance
requirements or other requirements for business owners.
177.08 Timing of Installation -The proposed change allows developers to delay planting trees
for more optimal weather conditions in a different season. The change will give tress a better
chance for survival. The amendment will codify an existing practice.
167.04 (J) Off -Site Preservation -Current code allows off -site preservation outside of City limits.
No one in five years has used this option. The staff does not have jurisdiction outside the City
limits and would like to remove this portion. This portion of code was brought forth in 2015 to
help a developer who had some code violations. The developer never used this new option. If
this is needed in the future, it could be brought through as a variance.
167.01 Mitigation Alternatives- The last change we are proposing is to add Mitigation
Alternatives to the code. We think this is an opportunity to add some flexibility to infill
developments. The idea is that on -site infill projects that do not have space for trees can install
a green fagade or a green roof. The staff has researched this project and found the ratio of the
alternatives compared to a tree. The proposed change offers developers three options to
planting trees, intensive green roofs, extensive green roofs, and green facades.
151 Definitions — Add necessary definitions of terms to the Definitions Chapter.
BUDGET/STAFF IMPACT:
None
Attachments:
• Exhibit A-G, Proposed amendments to §167 and §177
• Exhibit H, Post -Planning Commission developed follow-up
• Planning Commission staff report
51
Exhibit A
Code Changes 167.04
(E) Tree Preservation Priorities.
(1) Percent minimum canopy. Proposed designs must meet the percent minimu canopy
requirements for the particular zoning designation, emphasizing the preservation and rMction
of high priority trees on the site. Trees in existing and not to be vacated utility a ments all
not be counted toward the percent minimum canopy requirement and such utilities s uted,
wherever possible, to avoid existing canopy.
(2) Existing Natural Features. Each design shall consider the existing natu ares of the site,
the preservation priorities for the trees, and the impact their proposed re valy have both on
and off -site.
(3) Priority Trees. The preservation and protection of h h p rity trees shall be enforced most
stringently to meet the minimum percentage of c o Nation. High priority trees are
alive, healthy, greater than or equal to an el
alive, c di eter at breast height for large and
medium species of trees. High priority for s p es of trees is greater than or equal
to a four -inch diameter. Low priority tre s are d, invasive species or unhealthy as
determined by a tree care professional u uant to 167.07. Low priority trees are less than
an eight -inch diameter at breast hei er and medium species and less than a four -
inch diameter at breast height for r tr es species. The presepvati„n and nr„teGti„n „f
1 Gw Drierity
i►i-ye
weedlands
Non native
Dolin �rnhorr�lc
(F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be
located in areas that have the least possibility of impact as public infrastructure andNot=
ed
utilities are installed and homes built. The intent is to leave undisturbed as many existin as
possible for the use and enjoyment of prospective lot owners. Residential nts
requesting tree removal below the percent minimum canopy requirement mayretcf0o
either
residential on -site mitigation, or to contribute to the Tree Escrow Acc t arth in
§167.04(J)(4)(a). Trees in existing and not to be vacated utility Basemen all nunted
toward the percent minimum canopy requirement, and such proposed ities all be routed to
avoid existing canopy and shall count toward the percent minimum p quirement.
(2) Nonresidential Developments. Two (2) options are available for s sh g a tree preservation
plan for the development of nonresidential developments. Th r ster shall recommend
to the Planning Commission the option that will potentially es largest amount of priority
high priority canopy based upon the tree preservation cite set rth in §167.04(B) above.
(1) Re2. quest for On -Site Mitigation.
(1) Timing of Request for On -Site Mitigation. Requ s e ve trees below the percent minimum
canopy requirement must be incorporated with th pl' nt's tree preservation plan.
(2) Plan Requirements. The tree preservation Ian must graphically represent the species and
location for all existing trees on -site. It Iso include a chart clearly stating the following
information:
(a) The number of trees requested r oval;
(b) The percentage below p ent minimum canopy requirement they represent; and,
(c) The species and n er r s to be planted based on the forestation requirements below.
(3) Planting Details an . P ting details and notes shall be included on the tree preservation
plan or landscape an a forth in the City of Fayetteville Tree Preservation, Protection, and
Landscape Manua
(4) Forestation ents. The number and species of trees required for forestation shall be
based u on the uality of the canopy lost:
(a) ri ' y Canopy. When removing high priority canopy below the percent minimum
ca py quired, the canopy square footage removed shall be forested at a base density of
hundred (200), 2-inch caliper trees per acre removed.
innh Gall eF +Foos p aGFe removed.
(c) Low Priority Canopy. When removing low priority canopy below the percent minimum
required, the canopy square footage removed shall be forested at a base density of one
hundred (100), 2-inch caliper trees per acre removed.
FINAL EXHIBIT Al
Exhibit Al
Code Changes 167.04
(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 existing and not to be vacated 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) Priority Trees. The preservation and protection of high priority trees shall be enforced most
stringently to meet the minimum percentage of canopy preservation. High priority trees are
alive, healthy, greater than or equal to an eight -inch diameter at breast height for large and
medium species of trees. High priority for small species of trees is greater than or equal
to a four -inch diameter. Low priority trees are invasive species or unhealthy as determined
by a tree care professional pursuant to 167.07. Low priority trees are less than an eight -
inch diameter at breast height for larger and medium species and less than a four -inch
diameter at breast height for smaller trees species. The nreser ati„n and preteGtien of lower
nri9ri�rees shall net he s, ihstit, ted fer that of high n erity trees e e #.
AA ieJ_le�iel
High Drierity �°~� 1 Gw Drierity
MorkI
s� _7 i► We
weedlands
Alen native
CIO
ri n.-rian buffers weedl'andS
I
Less desirable
Ice b �ffe s
��
�26i2S
CigRifinent trees
(F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be
located in areas that have the least possibility of impact as public infrastructure and proposed
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 developments
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 existing and not to be vacated utility easements shall not be counted
toward the percent minimum canopy requirement, and such proposed utilities shall be routed to
avoid existing canopy and shall count toward the percent minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation
plan for the development of nonresidential developments. The Urban Forester shall recommend
to the Planning Commission the option that will potentially preserve the largest amount of priority
high priority canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(1) Request for On -Site Mitigation.
(1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum
canopy requirement must be incorporated with the applicant's tree preservation plan.
(2) Plan Requirements. The tree preservation plan must graphically represent the species and
location for all existing trees on -site. It shall also include a chart clearly stating the following
information:
(a) The number of trees requested for removal;
(b) The percentage below the percent minimum canopy requirement they represent; and,
(c) The species and number of trees to be planted based on the forestation requirements below.
(3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation
plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and
Landscape Manual.
(4) Forestation Requirements. The number and species of trees required for forestation shall be
based upon the quality of the canopy lost:
(a) High Priority Canopy. When removing high priority canopy below the percent minimum
canopy required, the canopy square footage removed shall be forested at a base density of
two hundred (200), 2-inch caliper trees per acre removed.
(c) Low Priority Canopy. When removing low priority canopy below the percent minimum
required, the canopy square footage removed shall be forested at a base density of one
hundred (100), 2-inch caliper trees per acre removed.
Exhibit B
Code Change 167.04
FINAL EXHIBIT B
(F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be
located in areas that have the least possibility of impact as public infrastructure and proposed
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 developments
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 existing and not to be vacated utility easements shall not be counted
toward the percent minimum canopy requirement, and such proposed utilities shall be routed to
avoid existing canopy and shall count toward the percent minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation
plan for the development of nonresidential developments. The Urban Forester shall recommend
to the Planning Commission the option that will potentially preserve the largest amount of priority
canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(a) Preservation Plan for Entire Development. The developer may choose to preserve the
percent minimum canopy required for the entire development. With this option, the preserved
canopy shall be located in areas that will not be impacted by future development of the
individual lots. Canopy to be preserved shall be noted on the final plat, and shall be protected
as set forth in §167.04(L) below. Should the entire percent minimum canopy requirement for
the site be so protected, the preserved canopy shall be placed in a tree preservation
easement and the final plat shall include a statement that the individual lots, as represented
thereon, shall not require separate tree preservation plans.
(b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall
delineate the area required for the construction of the infrastructure and improvements for
the development. This area should include street rights -of -way, and utility and drainage
easements. Proposed lot lines, streets, and easements shall be located to avoid placing a
disproportionate percentage of existing canopy in any one (1) proposed lot. This option shall
not allow the removal of trees during the grading of individual lots, unless shown by the
developer to be essential to the project's engineering design. The developer will be required
to compensate for the canopy removed from defined individual lots by making the
appropriate payment into the Tree Escrow Account. On all other areas of the development,
the developer shall protect the existing canopy during the construction phase in accordance
with §167.05 below. The final plat shall include a statement that the individual lots shall
require separate tree preservation plans.
(L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree
Preservation Easements.
(1) Large scale developments, large scale site improvements, and commercial preliminary
plats are required to dedicate a tree preservation easement, if any existing tree are to be
preserved. The tree preservation easement shall be the size of the minimum canopy
preservation requirement, if possible. If the minimum tree preservation canopy is not
available, the applicant will not be required to dedicate the minimum canopy preservation.
The applicant will have to dedicate a tree preservation easement that is agreed upon with
The Urban Forester. In order to ensure that an applicant's heirs, successors, assigns, or
any subsequent purchasers of the subject property are put on notice as to the existence and
extent of approved tree preservation easements which shall be clearly depicted and noted on
the easement plats for large scale developments, large scale site improvements, commercial
final plats, and any plats with a tree preservation easement nenresidential subdivisieRs. This
shall be accompanied by a narrative statement describing the nature of the protection afforded,
and bearing the signature of the Urban Forester. Lets ; residential s bdi„ isiens a expressly
exempt from these requ;reMe tS. If it is impractical to include the actual depiction of the canopy
in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing
an accompanying document shall suffice.
(2) The geographic extent and location of tree preservation easements, 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
urban forester, 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 easement shall seek prior approval from the Urban Forester, 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 Urban Forester determines that natural replacements of sufficient health and vigor are
already present in the tree preservation easement.
(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. No. 4855, 4-18-
06; Ord. No. 4930, 10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-10; Ord. No. 5427, 8-2-11; Ord.
No. 5513, 7-17-12; Ord. No. 5773, 5-19-15; Ord. No.
10
Exhibit C
Code Change 167.07
167.07 - Commercial Tree Pruner/Service; Certificate And Insurance Required
(A) Certificate Required. Before cutting, pruning, Wig, felling, or trimming any tree withinke City
of Fayetteville, the owner and supervisory personnel of each business performing co a ci and
residential tree work shall obtain a ^ity issued ^emmeMial tree ^rarer se^^^e professi a c rtifi ate
for tree care. Felling a tree is the process of safely cutting down trees. Removal tree on the
ground and tree debris already on the ground does not require certification achi erators
on sites with approved grading plans are not required to be certified for clearing or land
grubbing on approved projects. A person working on cutting, pruning, f ng, trimming trees
that are not currently certified shall be seeking certification and u t direct supervision
of a person certified. Current and in good standing certification be required at all
job sites. Property owners are responsible for confirming certi i a City of Fayetteville
recognizes:
i International Society of Arboriculture Certified pr ist
ii Tree Care Industry Association Trimming
(B) Liability Insurance. Each business performing com rc tr work, to include tree surgery, within
the City of Fayetteville, shall be required to carry liabili s ce 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 th oft insurance company issuing the policy, the name of
the insured, the policy number, e ctive nd expiration dates, and the signature of an authorized
representative of the insuranf/cg
(C) Norker'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 ohall held
ri+�� io e.d r �I tree P er GeRgi.�e ..er+ifi.�-te
(D) Licensure. Those individuals performing tree surgery shall comply with licensure requirements as set
forth under Arkansas law.
11
(Code 1991, §162.13; Ord. No. 3699, §14, 4-20-93; Ord. No. 4100, §2 (Ex. A), 6-16-98; Ord. No. 4340,
10-2-01)
ci�
12
FINAL EXHIBIT C1
Exhibit C1
Code Change 167.07
167.07 - Commercial Tree Pruner/Service; Certificate And Insurance Required
(A) Certificate Required. Before cutting, pruning, Wig, felling, or trimming any tree within the City
of Fayetteville, the owner and supervisory personnel of each business performing commercial and
residential tree work shall obtain a ^if„ iss„ed GemmeMial free nr„ner/sen,iGe professional certificate
for tree care. Felling a tree is the process of safely cutting down trees. Removal of trees on the
ground and tree debris already on the ground does not require certification. Machine operators
on sites with approved grading plans are not required to be certified for land clearing or land
grubbing on approved projects. A person working on cutting, pruning, felling, or trimming trees
that are not currently certified shall be seeking certification and under the direct supervision
of a person certified. Current and in good standing certification proof shall be required at all
job sites. Property owners are responsible for confirming certification. The City of Fayetteville
recognizes:
i International Society of Arboriculture: Certified Arborists, Municipal Arborist,
Master Arborist, Tree Worker (Climber & Lift Specialist)
Tree Care Industry Association Accredited Company
(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.
(Q) W-64shop. QWReFs and supep,�isery personnel shall attend an educational werkshep GR basiG t
0
or higher on a test provided by
the International Conlety of ArheFOGOire (I S A )
(D) 188-waprUe. A rUertifip--ate shall be issued when an individual has SUGGeGGfUlly GOrnpleted the-
w erkshep or snored adequately on the test
(E) job _Rite . It shaW -he the responsibility of the business ewner te ensure that a GGPY c)f the, r_,ertifir.ate,
maintained at eanh ioh site
.cerer! tree n er/senVise
(C) 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
.city issued .. r,I tree n er/sengi.Ue sertifisrte
13
(D) Licensure. 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,
10-2-01)
14
FINAL EXHIBIT D
Exhibit D
Code Changes to 177.08 - Timing Of Installation
Required landscaping shall be installed prior to the issuance of a final certificate of occupancy or filing of
the final plat, whichever development procedure is most applicable. A ninety (90) day temporary certificate
of occupancy may be issued or a final plat may be filed once the owner deposits, with the City, U.S. currency
or an irrevocable letter of credit in an amount equal to 150% of the estimated cost of the uninstalled plant
material. The letter of credit must be from a bank or banking institution doing business within the State of
Arkansas which is a member of the Federal Deposit Insurance Corporation. Tree planting may be delayed
for optimal planting times with approval from the Urban Forester. A deadline for delayed planting
will be set and must be agreed upon with the Urban Forester.
15
Exhibit E
Code Change 167.04
(J) Request for Off -Site Alternatives.
FINAL EXHIBIT E
(1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated
in, and submitted concurrently with the applicant's tree preservation plan.
(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. er, with the express approval of the City
!'`e nGil by its r el Lien Wi+hiR 14 mile of the Fayetteville Gity limits
(3) Off -Site Forestation.
(a) 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 appreval of the Gity GownGil by its resolution, within ene quarter mile o
the Fayetteville Gity limits A tree preservation easement must be conveyed concurrently with or prior to
submission of a final plat by the applicant to the City to protect any off -site preservation or forestation and
the legal description of the tree preservation easement shall also appear on the final plat.
16
FINAL EXHIBIT F
Exhibit F
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
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 (trees) shall next be pursued.
(3) If on -site mitigation (trees) cannot be achieved, off -site preservation shall be pursued.
(4) If off -site preservation cannot be achieved, off -site forestation shall be pursued.
(5) If off -site forestation cannot be achieved, on -site mitigation alternatives (green roofs and
or green facades) shall be pursued.
(6) 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; Ord. No. 5986 , §1, 7-6-17)
17
167.04 — Tree Preservtion and Protection Duing Development
(8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential
developments shall comply with all the provisions of §167.04(I), as well as the following:
(a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees
based on the forestation requirements as set forth at §167.04(I)(4).
(b) All plans requesting residential on -site mitigation shall include a binding three (3) year
maintenance and monitoring plan, which shall hold the applicant responsible for the health
of all planted trees.
(i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the
applicant depositing with the City an irrevocable letter of credit in an amount equal to
the estimated cost of materials and labor for all trees at the time of planting. The
irrevocable letter of credit must cover the entire three (3) year maintenance and
monitoring period. Applicant shall submit cost estimates to the Urban Forester for
approval.
Upon completion of the three (3) year landscape establishment period, the Urban
Forester shall inspect the site and determine whether 90% of the trees are healthy and
have a reasonable chance of surviving to maturity. Upon such a finding, the City shall
release the letter of credit.
In the absence of such a finding, the applicant shall be notified to replace any unhealthy
or dead trees, or take other appropriate action as approved by the Urban Forester. If
the applicant does not take remedial steps to bring the property into compliance, the
City shall use the necessary moneys from the landscape establishment guarantee to
do so.
(iv) In the event trees are injured or destroyed by natural disasters, including but not limited
to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or
through the independent actions of third parties, the applicant shall be relieved of the
responsibility of replanting the tree or trees so affected.
(c) Developers requesting mitigation trees be planted along the street right-of-way of residential
developments shall submit a landscape plan that complies with the standards outlined in the
City of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure
that new trees planted are of the highest quality, require low maintenance, and do not
interfere with public safety. The species of trees to be planted shall be selected from the
approved street tree species list,or be otherwise specifically approved by the Urban Forester.
The applicant's mitigation plan for planting street trees shall describe in detail the method for
tracking the development of the individual lots, which shall best ensure that required number
and species of mitigation trees are planted.
(9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Facades).
(a) Intent. The intent is to allow previously developed sites with at least 50% existing
impervious area and limited space for planting trees to use on -site mitigation
alternatives to meet the mitigation requirements and still contribute beneficial
plant materials that provide positive ecosystem services.
(b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives
to planting trees in form -based zoning districts that allow for mixed -use and do not
HE
have a building area maximum requirement. On -Site Mitigation Alternatives may
not be utilized on sites that have adequate space to meet landscape requirements.
(c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site
alternatives must be incorporated and submitted concurrently with the applicant's
tree preservation plan.
(d) Intensive Green Roof- A green roof with 6 inches or great soil medium that can
sustain plant species with deeper root systems.
(e) Extensive Green Roof- A green roof with 2 to 5 inches of soil medium that can
sustain plant species with shallow root systems.
(f) Green Facade- A green facade is created by growing climbing plants up and
across the facade of a building, either from plants grown directly in the ground or a
large container of at least 12 inches of soil medium. Plants can attach directly to
the building or be supported with a 12" by 12" trellis system connected to the
building.
(g) Mitigation Alternative Calculations. The applicant's plan to install an extensive
green roof, intensive green roof, and green facade in lieu of a mitigation tree shall
be based from square footage of tree canopy.
(i) The calculation for an extensive green roof shall be based from a ratio of 1
square foot of tree canopy to 2.5 square feet of extensive green roof.
(ii) The calculation for an intensive green roof shall be based from a ratio of 1
square foot of tree canopy to 1.4 square feet of intensive green roof.
(iii) The calculation for a green facade shall be done based from a ratio of 1
square foot of tree canopy to 2.5 square feet of green facade.
(4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site
mitigation, off -site preservation, and off -site forestation, and on -site mitigation alternatives 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 (3) 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 (4) years to ensure it
remains the fair market costs for tree planting and maintenance for three (3) years.
(a) Residential developments which cannot achieve the base density tree requirements
(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)
167.10 - Tree Maintenance Agreements
(A) Maintenance Agreement and Landscape Establishment Guarantee. All plans requesting on -site
mitigation or off -site forestation shall include a binding three year maintenance and monitoring plan,
which shall hold the applicant responsible for the health of all planted trees.
(1) Approval of a plan requesting on -site mitigation, on -site mitigation alternatives, or off -site
forestation shall be contingent upon the applicant depositing with the City either currency, bond
irrevocable letter of credit or other surety, in an amount equal to the estimated cost of materials
19
and labor of trees at the time of planting. The bond, irrevocable letter of credit, or other surety
must cover the entire three (3) year maintenance and monitoring period. The amount shall be
equal to that provided in §167.04(J)(4).
(2) Upon completion of the three (3) year landscape establishment period, the Urban Forester shall
inspect the site and determine whether 90% of the trees are healthy and have a reasonable
chance of surviving to maturity. Upon such finding, the City shall release the currency, bond, or
letter of credit.
(3) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead
trees, or take other appropriate action as approved by the Urban Forester. If the applicant does
not take remedial steps to bring the property into compliance, the City shall use the necessary
monies from the landscape establishment guarantee to do so.
(4) In the event trees are injured or destroyed by natural disasters, including but not limited to,
tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the
independent actions of third parties, the applicant shall be relieved of the responsibility of
replanting the tree or trees so affected.
(5) However, in lieu of cash surety, letter of credit, or bond, the monitoring and maintenance
requirement may also be met through proof of a three year tree maintenance contract with a
landscape contractor approved by the Urban Forester. The contract shall name the City of
Fayetteville as a third party beneficiary. This fully executed contract shall contain:
(a) Itemized proof of payment or charge for three (3) years of watering aPA-maintenance for
each required tree and maintenance for on -site mitigation alternatives.
(b) A clause that requires that if the approved contract is breached, the developer shall either
immediately supply an acceptable replacement maintenance contract or shall deposit into
the City's Tree Escrow Account the amount set forth in §167.04(J)(4).
(c) After inspection by the Urban Forester at the end of the three year period, if the Urban
Forester determines that less than 90% of the trees or 90% of the on -site mitigation
alternatives are found healthy and with a reasonable chance of surviving to maturity, the
trees shall be replaced by the developer within sixty (60) days of notice from the Urban
Forester. If the developer fails to comply, the City would recover losses as outlined in the
contract.
(Ord. 5818, 10-20-15; Ord. No. 5986 , §§38, 39, 7-6-17) 167.11-167.99 - Reserved (Ord. No.
5818, 10-20-15)
20
Exhibit G
151 - Definitions
FINAL EXHIBIT G
Mitigation Alternatives- Mitigation alternatives are plantings that are not trees but still offer
environmental benefits. Intensive Green Roofs, Extensive Green Roofs, and Green Facades are
mitigation alternatives.
Intensive Green Roof- A green roof with 6 inches or great soil medium that can sustain plant
species with deeper root systems.
Extensive Green Roof- A green roof with 2 to 5 inches of soil medium that can sustain plant
species with shallow root systems.
Green Facade- A green fagade is created by growing climbing plants up and across the facade
of a building, either from plants grown directly in the ground or a large container of at least 12
inches of soil medium. Plants can attach directly to the building or be supported with a 12" by
12" trellis system connected to the building.
Felling — The process of safely cutting a tree down and bringing the tree to the ground.
21
Exhibit H
A follow-up requested by Planning Commission at the previous meeting. Sent
Wednesday March 30, 2021 at 9:18 AM.
Hello Fayetteville Developers and Associated Professionals — Thank you very much for
providing feedback on the City's proposed Tree Preservation Ordinance changes in
January! We have an update on the proposed code changes. The proposed ordinance changes
will be discussed at the Planning Commission meeting on Monday, April 12 — the meeting starts
at 5:30. At the April 5th planning commission meeting, we were asked to follow up with you all,
which is a great suggestion, and we should have done this sooner.
Attached is the planning commission packet with the proposed ordinance changes. Since we
last discussed the proposed ordinance amendments with you, the following changes have been
made:
• Removal of changes to the Hazardous Tree code at the advice of the City Attorney's
Office
• Changed the green roof and green screen provision so that they are only allowed on
sites that do not have room for mitigation trees and are within limited Form -Based
Zoning Districts with no building area maximum requirement. This will restrict their use
to tight redevelopment sites that don't have room to add trees — ideally; these are
previously developed sites with little to no green space.
• Jessie Fulcher's from Rausch Coleman wanted some language changed for Tree
Preservation easements for exhibit B, which we addressed and received his approval.
• We did run numbers for the Priority level changes, and surprisingly, the number of trees
required at high priority was not significant:
1. Sagely Place off Zion was required to plant 486 trees with the new levels; they
would only have to plant 15 additional trees.
2. S. School Development would add one tree
3. Rupple Road Multi -Family development would have had to at 11 additional trees
under this new proposal. They were required to plant 31 trees.
4. Magnolia Park, which required 1078 trees, would have only added 113 trees.
This does not consider invasive species on the property that would have brought
the number of trees lower.
There were requests for allowing parkland dedication, stormwater runoff, and tree preservation
easement to overlap. We are going to look at that for later changes. Things to consider about
this:
• Tree preservation easements are meant to preserve existing trees; parkland dedication
is for parks and possibly some recreation activity. Parks require some development and
planning, so the trees preserved would not be preserved in perpetuity because parks
have to be planned and constructed.
22
• Stormwater areas and tree preservation easements can co -exist. The only concern is
making sure drainage is not blocked by roots or other debris. We allow this. The
Walgreens on Rupple has their tree preservation easement in their drainage area.
Trees in the right of ways were brought up at our initial meeting, and I wanted to let you know I
am working with Transportation and GIS to map right-of-way trees. I am also working with them
on BMP for median trees; you may have noticed we have mulched trees in our right of ways
recently.
We discussed counting trees in the right-of-way for or against in the review process; it is difficult
because right-of-way can be used for road widening (see Zion Road) or utility extensions, so the
trees there are not guaranteed longevity.
We also talked about credit for trees that were not counted as preserved but not cut down and
getting credit for the tree if they lived. I am still contemplating this situation. It raises more
questions on how this would work and how long before they could be counted as living beyond
the construction (3 years, 5 years?). Who received the credit for preserving the tree, the
property owner? What if the property changes hands, and what is the credit? Do they not have
to mitigate upfront for the possible death of a tree? Whom would we ask to mitigate if the tree
dies and the property has changed ownership?
This would be another one to spend some more time and think about for the future.
Let me know if you have questions or concerns about the proposed changes.
We would love your support for these changes. Thanks
John J. Scott
Urban Forestry
Parks & Recreation
ISA Certified Arborist
City of Fayetteville, Arkansas
Phone 479-444-3470
23
CITY OF
FAYETTEVILLE PLANNING COMMISSION MEMO
�4 ARKANSAS
TO: Fayetteville Planning Commission
THRU: Ted Jack, Park Planning Superintendant
Connie Edmonston, Parks & Recreation Director
Peter Nierengarten, Environmental Director
FROM: John J. Scott, Urban Forester
DATE: April 12, 2021 Updated with PC hearing results from 4/12/2021
SUBJECT: ADM 2021- 000029 Code Changes to UDC 167, Tree Preservation and
Protection and UDC Chapter 177, Landscape Regulations.
RECOMMENDATION:
Staff recommends approval of amendments to the Unified Development Code Chapters 167:
Tree Preservation and Protection and Chapter 177 Landscape Regulations to clarify standards,
reduce redundancies, and streamline processes.
RECOMMENDED MOTION:
"I move to forward ADM 2021-000029, recommending in favor of all amendments as
recommended by staff. "
MARCH 22, 2021 Planning Commission Meeting:
On March 22, the commission tabled the item and wanted a follow-up with the initial group of
developers that staff met with in January. Urban Forestry staff has emailed a follow-up message
(Exhibit H) to the group of developers and designers with the actions we took away from the
January meeting. The email addresses the topics that were discussed at that initial meeting. Staff
has not received responses.
Staff also got a request from City Council member Turk to tighten up the language in Mitigation
Alternatives' intent. Staff did add that mitigation alternatives should only be used for infill projects
with at least 50% impervious paving. These requirements were set to prevent greenfield sites
from using this as a possible loophole for not planting trees.
BACKGROUND:
To streamline portions of the Tree Preservation and Landscape Codes, staff proposes
amendments to Chapters 167 and 177 of UDC. The proposed amendments offer clarity,
efficiency, and options to developers and staff.
Urban Forestry Staff is proposing amendments to the following portions of UDC 167 and 177.
1. 167.04 (E) Tree preservation priorities (Exhibit A)
2. 167.04(F)(L) Tree preservation easements (Exhibit B)
3. 167.07 Commercial Tree Pruner/Service; Certificate, and Insurance Required (Exhibit C)
4. 177.08 - Timing of Installation (Exhibit D)
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5. 167.04 (J) Off -site preservation and outside city limits (Exhibit E)
6. 167 Mitigation Alternatives, various location (Exhibit F)
7. 151 Definitions (Exhibit G)
8. A follow-up letter to developers that we spoke with in January. (Exhibit H)
DISCUSSION: Staff met with developers, engineers, and other professionals in the development
field. They did not object to the proposed code changes and were very excited about the mitigation
alternatives. The Urban Forestry Advisory Board approved the proposed code changes at their
February 13, 2021 meeting. The following summary explains the proposed Code Amendments:
167.04 (E) Tree Preservation Priorities- Urban Foresters have regular debates with developers,
engineers, and property owners on high, middle, and low priorities. Trees that are alive, healthy,
and providing ecosystem services are a high priority for our City regardless of size. We are
proposing to simplify this into two different categories, High and Low. High priority trees are alive,
and 8 inches DBH (Diameter at Breast Height) and low priority are invasive, dead, and very small
trees. Staff recognizes that this will increase mitigation requirements and ran several scenarios
based on the new proposals. We found for most projects; it would only amount to one or two
trees. Larger subdivision projects that are adding hundreds of homes would be impacted the most.
167.04 (F) (L) Tree Preservation Easement Size- Currently, our code does not give staff or
developers guidance on the size of a tree preservation easement. Logically, the minimum tree
preservation requirement should be the same as the tree preservation easement requirement. If
the required minimum preservation amount is not available, then typical negotiations with Urban
Forester should occur. Public Comments: Urban Forestry staff did meet with several engineers,
developers and received positive feedback from the developers for the proposed changes.
167.07 (A) Commercial Tree Pruner/Service: Certificate and Insurance Required- The code
required Urban Forestry staff to test, certify, and keep an active list of anyone working in the City
of Fayetteville, trimming or removing trees. The intention of the code was to protect consumers
and trees from less than desirable practices, specifically after the 2009 Ice Storm. Staff agrees
with the purpose but recognizes two professional organizations that certify and have continuing
education requirements for best management practices in the tree care industry. This is like our
city attorney requiring all lawyers that pass the bar exam to take a test and keep credentials to
practice in the City of Fayetteville. Additionally, our attorney would have to administer tests, record
insurance, and make sure they renew yearly. The proposed code eliminates those redundant
requirements and requires that professionals in the tree care industry have nationally recognized
certifications. The changes do not change insurance requirements or other requirements for
business owners.
177.08 Timing of Installation -The proposed change allows developers to delay planting trees
for more optimal weather conditions in a different season. The change will give tress a better
chance for survival. The amendment will codify an existing practice.
167.04 (J) Off -Site Preservation -Current code allows off -site preservation outside of City limits.
No one in five years has used this option. The staff does not have jurisdiction outside the City
limits and would like to remove this portion. This portion of code was brought forth in 2015 to help
a developer who had some code violations. The developer never used this new option. If this is
needed in the future, it could be brought through as a variance.
167.01 Mitigation Alternatives- The last change we are proposing is to add Mitigation
Alternatives to the code. We think this is an opportunity to add some flexibility to infill
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ADM-21-000029 Tree Pres
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developments. The idea is that on -site infill projects that do not have space for trees can install a
green fagade or a green roof. The staff has researched this project and found the ratio of the
alternatives compared to a tree. The proposed change offers developers three options to planting
trees, intensive green roofs, extensive green roofs, and green facades.
151 Definitions — Add necessary definitions of terms to the Definitions Chapter.
RECOMMENDATION: Staff recommends forwarding ADM 2021-000029 to the City Council
with a recommendation of approval.
PLANNING COMMISSION ACTION: Required YES 11
Date: O Tabled O Approved O Denied ® Forward to City Council with a
recommendation of approval as
Motion: #1 Canada ordinance is written
Second: Sparkman Motion #2 to Amend:
Motion: Sharp
Vote: 8-0-0 Second: Belden
BUDGET/STAFF IMPACT:
None
Attachments:
Exhibit A- G
Code Changes 167.04
(E) Tree Preservation Priorities.
Action: Motion to Amend to not include dead
trees as counting towards high priority or low
priority trees.
Vote: 4-4-0 (motion failed)
Exhibit A
(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 existing and not to be vacated 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.
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(3) High Priority Trees. The preservation and protection of high priority trees shall be enforced most
stringently to meet the minimum percentage of canopy preservation. High priority trees are
alive, healthy, greater than or equal to an eight -inch diameter at breast height for large and
medium species of trees. High priority for small species of trees is greater than or equal
to a four -inch diameter. Low priority trees are dead, invasive species, or unhealthy as
determined by a tree care professional pursuant to 167.07. Low priority trees are less than
an eight -inch diameter at breast height for larger and medium species and less than a four -
inch diameter at breast height for smaller trees species. The preser„atien and preteGtie., of
lower rlority trees shall .,et he substituted fr,r that of high P erity +rood ept:
Mud -le
velHigh Prierity �� Low PKOF4
Pruerot
ids &ped2S
Fe—4Nec
`•'^^�I^N�^ delis ershards
riparian b iffe rs weedl'andG
Less rlesirohle
Native w0edlands_ Use h� �fFers
speGles
Sig Rifinont trees
(F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments
(1) Residential Developments. The percent minimum canopy in residential developments shall be
located in areas that have the least possibility of impact as public infrastructure and proposed
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 developments
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 existing and not to be vacated utility easements shall not be counted
toward the percent minimum canopy requirement, and such proposed utilities shall be routed to
avoid existing canopy and shall count toward the percent minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation
plan for the development of nonresidential developments. The Urban Forester shall recommend
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to the Planning Commission the option that will potentially preserve the largest amount of priority
high priority canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(1) Re2. quest for On -Site Mitigation.
(1) Timing of Request for On -Site Mitigation. Requests to remove trees below the percent minimum
canopy requirement must be incorporated with the applicant's tree preservation plan.
(2) Plan Requirements. The tree preservation plan must graphically represent the species and
location for all existing trees on -site. It shall also include a chart clearly stating the following
information:
(a) The number of trees requested for removal;
(b) The percentage below the percent minimum canopy requirement they represent; and,
(c) The species and number of trees to be planted based on the forestation requirements below.
(3) Planting Details and Notes. Planting details and notes shall be included on the tree preservation
plan or landscape plan as set forth in the City of Fayetteville Tree Preservation, Protection, and
Landscape Manual.
(4) Forestation Requirements. The number and species of trees required for forestation shall be
based upon the quality of the canopy lost:
(a) High Priority Canopy. When removing high priority canopy below the percent minimum
canopy required, the canopy square footage removed shall be forested at a base density of
two hundred (200), 2-inch caliper trees per acre removed.
(c) Low Priority Canopy. When removing low priority
required, the canopy square footage removed shall
hundred (100), 2-inch caliper trees per acre removed.
Exhibit B
Code Change 167.04
canopy below the percent minimum
be forested at a base density of one
(F) Tree Preservation Requirements for Proposed Residential and Non -Residential Developments.
(1) Residential Developments. The percent minimum canopy in residential developments shall be
located in areas that have the least possibility of impact as public infrastructure and proposed
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 developments
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 existing and not to be vacated utility easements shall not be counted
toward the percent minimum canopy requirement, and such proposed utilities shall be routed to
avoid existing canopy and shall count toward the percent minimum canopy requirement.
(2) Nonresidential Developments. Two (2) options are available for establishing a tree preservation
plan for the development of nonresidential developments. The Urban Forester shall recommend
to the Planning Commission the option that will potentially preserve the largest amount of priority
canopy based upon the tree preservation criteria set forth in §167.04(B) above.
(a) Preservation Plan for Entire Development. The developer may choose to preserve the
percent minimum canopy required for the entire development. With this option, the preserved
canopy shall be located in areas that will not be impacted by future development of the
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individual lots. Canopy to be preserved shall be noted on the final plat, and shall be protected
as set forth in §167.04(L) below. Should the entire percent minimum canopy requirement for
the site be so protected, the preserved canopy shall be placed in a tree preservation
easement and the final plat shall include a statement that the individual lots, as represented
thereon, shall not require separate tree preservation plans.
(b) Preservation Plan for Infrastructure Only. The developer, in consultation with city staff, shall
delineate the area required for the construction of the infrastructure and improvements for
the development. This area should include street rights -of -way, and utility and drainage
easements. Proposed lot lines, streets, and easements shall be located to avoid placing a
disproportionate percentage of existing canopy in any one (1) proposed lot. This option shall
not allow the removal of trees during the grading of individual lots, unless shown by the
developer to be essential to the project's engineering design. The developer will be required
to compensate for the canopy removed from defined individual lots by making the
appropriate payment into the Tree Escrow Account. On all other areas of the development,
the developer shall protect the existing canopy during the construction phase in accordance
with §167.05 below. The final plat shall include a statement that the individual lots shall
require separate tree preservation plans.
(L) Continuing Preservation and Protection Under Approved Tree Preservation Plans and Tree
Preservation Easements.
(1) Large scale developments, large scale site improvements, and commercial preliminary
plats are required to dedicate a tree preservation easement, if any existing tree are to be
preserved. The tree preservation easement shall be the size of the minimum canopy
preservation requirement, if possible. If the minimum tree preservation canopy is not
available, the applicant will not be required to dedicate the minimum canopy preservation.
The applicant will have to dedicate a tree preservation easement that is agreed upon with
the Urban Forester. In order to ensure that an applicant's heirs, successors, assigns, or
any subsequent purchasers of the subject property are put on notice as to the existence and
extent of approved tree preservation easements which shall be clearly depicted and noted on
the easement plats for large scale developments, large scale site improvements, commercial
final plats, and any plats with a tree preservation easement PAPresid-en+i-a' 661bd*V*E;'^^c This
shall be accompanied by a narrative statement describing the nature of the protection afforded,
and bearing the signature of the Urban Forester. Lets ; sideRtial subdi,aS,,,Rs are expre&s-ty
exempt from those requirements. If it is impractical to include the actual depiction of the canopy
in a tree preservation easement on the easement plat, or final plat itself, a note cross referencing
an accompanying document shall suffice.
(2) The geographic extent and location of tree preservation easements, 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
urban forester, 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 easement shall seek prior approval from the Urban Forester, 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 Urban Forester determines that natural replacements of sufficient health and vigor are
already present in the tree preservation easement.
(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. No. 4855, 4-18-06; Ord. No. 4930, 10-03-06; Ord. No. 5308, 3-16-10; Ord. No. 5312, 4-20-
10; Ord. No. 5427, 8-2-11; Ord. No. 5513, 7-17-12; Ord. No. 5773, 5-19-15; Ord. No.
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Exhibit C
Code Change 167.07
167.07 - Commercial Tree Pruner/Service; Certificate And Insurance Required
(A) Certificate Required. Before cutting, pruning, remeviRg, felling, or trimming any tree within the City
of Fayetteville, the owner and supervisory personnel of each business performing commercial and
residential tree work shall obtain a ^if„ 'SSUed ^^mmeMiai free pruner servo professional certificate
for tree care. Felling a tree is the process of safely cutting down trees. Removal of trees on the
ground and tree debris already on the ground does not require certification. Machine operators
on sites with approved grading plans are not required to be certified for land clearing or land
grubbing on approved projects. A person working on cutting, pruning, felling, or trimming trees
that are not currently certified shall be seeking certification and under the direct supervision
of a person certified. Current and in good standing certification proof shall be required at all
job sites. Property owners are responsible for confirming certification. The City of Fayetteville
recognizes:
i International Society of Arboriculture Certified Arborists
ii Tree Care Industry Association Trimming Certificates
(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.
4..... ..-;- --A +l-... . -. -F 4--- k...-...... 7C0/ - l ;-L-... -- 4---4 k-
(C) 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
^ity io e.d GAMMPrGiAI free P er E;eFVi..e rerfifirate
(D) Licensure. 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, 10-2-01)
Exhibit D
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Code Changes to 177.08 - Timing Of Installation
Required landscaping shall be installed prior to the issuance of a final certificate of occupancy or filing of
the final plat, whichever development procedure is most applicable. A ninety (90) day temporary certificate
of occupancy may be issued or a final plat may be filed once the owner deposits, with the City, U.S. currency
or an irrevocable letter of credit in an amount equal to 150% of the estimated cost of the uninstalled plant
material. The letter of credit must be from a bank or banking institution doing business within the State of
Arkansas which is a member of the Federal Deposit Insurance Corporation. Tree planting may be delayed
for optimal planting times with approval from the Urban Forester. A deadline for delayed planting
will be set and must be agreed upon with the Urban Forester.
Exhibit E
Code Change 167.04
(J) Request for Off -Site Alternatives.
(1) Timing of Request for Off -Site Alternatives. Requests for off -site alternatives must be incorporated
in, and submitted concurrently with the applicant's tree preservation plan.
(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. ^F with the explcess appFeval of the Gity
r`-. .--:I L... A+.. ... -h .+4...-. ...4:- 1 / -:1- -4+4... C......++....III.. ..:+.. I:.....:+..
(3) Off -Site Forestation.
(a) 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.
the Fayetteville Gity iirnits. A tree preservation easement must be conveyed concurrently with or prior to
submission of a final plat by the applicant to the City to protect any off -site preservation or forestation and
the legal description of the tree preservation easement shall also appear on the final plat.
Exhibit F
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 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;
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(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 (trees) shall next be pursued.
(3) If on -site mitigation (trees) cannot be achieved, off -site preservation shall be pursued.
(4) If off -site preservation cannot be achieved, off -site forestation shall be pursued.
(5) If off -site forestation cannot be achieved, on -site mitigation alternatives (green roofs and
or green facades) shall be pursued.
(6) 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; Ord. No. 5986, §1, 7-6-17)
(8) Residential On -Site Mitigation. Applicants requesting on -site mitigation for residential
developments shall comply with all the provisions of §167.04(I), as well as the following:
(a) The applicant's mitigation plan shall meet or exceed the required number of mitigation trees
based on the forestation requirements as set forth at §167.04(I)(4).
(b) All plans requesting residential on -site mitigation shall include a binding three (3) year
maintenance and monitoring plan, which shall hold the applicant responsible for the health
of all planted trees.
(i) Approval of a plan requesting residential on -site mitigation shall be contingent upon the
applicant depositing with the City an irrevocable letter of credit in an amount equal to
the estimated cost of materials and labor for all trees at the time of planting. The
irrevocable letter of credit must cover the entire three (3) year maintenance and
monitoring period. Applicant shall submit cost estimates to the Urban Forester for
approval.
(ii) Upon completion of the three (3) year landscape establishment period, the Urban
Forester shall inspect the site and determine whether 90% of the trees are healthy and
have a reasonable chance of surviving to maturity. Upon such a finding, the City shall
release the letter of credit.
(iii) In the absence of such a finding, the applicant shall be notified to replace any unhealthy
or dead trees, or take other appropriate action as approved by the Urban Forester. If
the applicant does not take remedial steps to bring the property into compliance, the
City shall use the necessary moneys from the landscape establishment guarantee to
do so.
(iv) In the event trees are injured or destroyed by natural disasters, including but not limited
to, tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or
through the independent actions of third parties, the applicant shall be relieved of the
responsibility of replanting the tree or trees so affected.
(c) Developers requesting mitigation trees be planted along the street right-of-way of residential
developments shall submit a landscape plan that complies with the standards outlined in the
City of Fayetteville Tree Preservation, Protection, and Landscape Manual in order to ensure
that new trees planted are of the highest quality, require low maintenance, and do not
interfere with public safety. The species of trees to be planted shall be selected from the
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approved street tree species list,or be otherwise specifically approved by the Urban Forester.
The applicant's mitigation plan for planting street trees shall describe in detail the method for
tracking the development of the individual lots, which shall best ensure that required number
and species of mitigation trees are planted.
(9) Request for On -Site Mitigation Alternatives (Green Roofs or Green Facades).
(a) Intent. The intent is to allow previously developed sites with at least 50% existing
impervious area and limited space for planting trees to use on -site mitigation
alternatives to meet the mitigation requirements and still contribute beneficial
plant materials that provide positive ecosystem services.
(b) Applicability. On -Site Mitigation Alternatives shall only be allowed as alternatives
to planting trees in form -based zoning districts that allow for mixed -use and do not
have a building area maximum requirement. On -Site Mitigation Alternatives may
not be utilized on sites that have adequate space to meet landscape requirements.
(c) Timing of Request for On -Site Mitigation Alternatives. Requests for on -site
alternatives must be incorporated and submitted concurrently with the applicant's
tree preservation plan.
(d) Intensive Green Roof- A green roof with 6 inches or great soil medium that can
sustain plant species with deeper root systems.
(e) Extensive Green Roof- A green roof with 2 to 5 inches of soil medium that can
sustain plant species with shallow root systems.
(f) Green Facade- A green fagade is created by growing climbing plants up and
across the fagade of a building, either from plants grown directly in the ground or a
large container of at least 12 inches of soil medium. Plants can attach directly to
the building or be supported with a 12" by 12" trellis system connected to the
building.
(g) Mitigation Alternative Calculations. The applicant's plan to install an extensive
green roof, intensive green roof, and green facade in lieu of a mitigation tree shall
be based from square footage of tree canopy.
(i) The calculation for an extensive green roof shall be based from a ratio of 1
square foot of tree canopy to 2.5 square feet of extensive green roof.
(ii) The calculation for an intensive green roof shall be based from a ratio of 1
square foot of tree canopy to 1.4 square feet of intensive green roof.
(iii) The calculation for a green fagade shall be done based from a ratio of 1
square foot of tree canopy to 2.5 square feet of green fagade.
(4) Tree Escrow Account. Tree preservation on -site is always the preferred option, with on -site
mitigation, off -site preservation, aPA off -site forestation, and on -site mitigation alternatives 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 (3) 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 (4) years to ensure it
remains the fair market costs for tree planting and maintenance for three (3) years.
(a) Residential developments which cannot achieve the base density tree requirements
(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 thirty (30) days, if strict compliance
with its provisions would prevent, hinder, or delay actions necessary to cope with the disaster emergency.
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(Ord. No. 4316, 6-5-01; Ord. No. 4340; 10-2-01)
167.10 - Tree Maintenance Agreements
(A) Maintenance Agreement and Landscape Establishment Guarantee. All plans requesting on -site
mitigation or off -site forestation shall include a binding three year maintenance and monitoring plan,
which shall hold the applicant responsible for the health of all planted trees.
(1) Approval of a plan requesting on -site mitigation, on -site mitigation alternatives, or off -site
forestation shall be contingent upon the applicant depositing with the City either currency, bond
irrevocable letter of credit or other surety, in an amount equal to the estimated cost of materials
and labor of trees at the time of planting. The bond, irrevocable letter of credit, or other surety
must cover the entire three (3) year maintenance and monitoring period. The amount shall be
equal to that provided in §167.04(J)(4).
(2) Upon completion of the three (3) year landscape establishment period, the Urban Forester shall
inspect the site and determine whether 90% of the trees are healthy and have a reasonable
chance of surviving to maturity. Upon such finding, the City shall release the currency, bond, or
letter of credit.
(3) In the absence of such a finding, the applicant shall be notified to replace any unhealthy or dead
trees, or take other appropriate action as approved by the Urban Forester. If the applicant does
not take remedial steps to bring the property into compliance, the City shall use the necessary
monies from the landscape establishment guarantee to do so.
(4) In the event trees are injured or destroyed by natural disasters, including but not limited to,
tornadoes, straight-line winds, ice storms, fire, floods, hail, or lightning strikes, or through the
independent actions of third parties, the applicant shall be relieved of the responsibility of
replanting the tree or trees so affected.
(5) However, in lieu of cash surety, letter of credit, or bond, the monitoring and maintenance
requirement may also be met through proof of a three year tree maintenance contract with a
landscape contractor approved by the Urban Forester. The contract shall name the City of
Fayetteville as a third party beneficiary. This fully executed contract shall contain:
(a) Itemized proof of payment or charge for three (3) years of watering a d-maintenance for
each required tree and maintenance for on -site mitigation alternatives.
(b) A clause that requires that if the approved contract is breached, the developer shall either
immediately supply an acceptable replacement maintenance contract or shall deposit into
the City's Tree Escrow Account the amount set forth in §167.04(J)(4).
(c) After inspection by the Urban Forester at the end of the three year period, if the Urban
Forester determines that less than 90% of the trees or 90% of the on -site mitigation
alternatives are found healthy and with a reasonable chance of surviving to maturity, the
trees shall be replaced by the developer within sixty (60) days of notice from the Urban
Forester. If the developer fails to comply, the City would recover losses as outlined in the
contract.
(Ord. 5818, 10-20-15; Ord. No. 5986, §§38, 39, 7-6-17) 167.11167.99 - Reserved (Ord. No.
5818, 10-20-15)
Exhibit G
Definitions- 151
Planning Commission
April 12, 2021
Agenda Item 4
ADM-21-000029 Tree Pres
Page 11 of 13
Mitigation Alternatives- Mitigation alternatives are plantings that are not trees but still
offer environmental benefits. Intensive Green Roofs, Extensive Green Roofs, and Green
Facades are mitigation alternatives.
Intensive Green Roof- A green roof with 6 inches or great soil medium that can sustain
plant species with deeper root systems.
Extensive Green Roof- A green roof with 2 to 5 inches of soil medium that can sustain
plant species with shallow root systems.
Green Facade- A green fagade is created by growing climbing plants up and across the
fagade of a building, either from plants grown directly in the ground or a large container
of at least 12 inches of soil medium. Plants can attach directly to the building or be
supported with a 12" by 12" trellis system connected to the building.
Felling — The process of safely cutting a tree down and bringing the tree to the ground.
Exhibit H
A follow-up requested by Planning Commission at the previous meeting. Sent
Wednesday March 30, 2021 at 9:18 AM.
Hello Fayetteville Developers and Associated Professionals — Thank you very much for
providing feedback on the City's proposed Tree Preservation Ordinance changes in
January! We have an update on the proposed code changes. The proposed ordinance changes
will be discussed at the Planning Commission meeting on Monday, April 12 — the meeting starts
at 5:30. At the April 5th planning commission meeting, we were asked to follow up with you all,
which is a great suggestion, and we should have done this sooner.
Attached is the planning commission packet with the proposed ordinance changes. Since we
last discussed the proposed ordinance amendments with you, the following changes have been
made:
• Removal of changes to the Hazardous Tree code at the advice of the City Attorney's
Office
• Changed the green roof and green screen provision so that they are only allowed on
sites that do not have room for mitigation trees and are within limited Form -Based
Zoning Districts with no building area maximum requirement. This will restrict their use
to tight redevelopment sites that don't have room to add trees — ideally; these are
previously developed sites with little to no green space.
• Jessie Fulcher's from Rausch Coleman wanted some language changed for Tree
Preservation easements for exhibit B, which we addressed and received his approval.
• We did run numbers for the Priority level changes, and surprisingly, the number of trees
required at high priority was not significant:
1. Sagely Place off Zion was required to plant 486 trees with the new levels; they
would only have to plant 15 additional trees.
2. S. School Development would add one tree
3. Rupple Road Multi -Family development would have had to at 11 additional trees
under this new proposal. They were required to plant 31 trees.
4. Magnolia Park, which required 1078 trees, would have only added 113 trees.
This does not consider invasive species on the property that would have brought
the number of trees lower.
Planning Commission
April 12, 2021
Agenda Item 4
ADM-21-000029 Tree Pres
Page 12 of 13
There were requests for allowing parkland dedication, stormwater runoff, and tree preservation
easement to overlap. We are going to look at that for later changes. Things to consider about
this:
Tree preservation easements are meant to preserve existing trees; parkland dedication
is for parks and possibly some recreation activity. Parks require some development and
planning, so the trees preserved would not be preserved in perpetuity because parks
have to be planned and constructed.
Stormwater areas and tree preservation easements can co -exist. The only concern is
making sure drainage is not blocked by roots or other debris. We allow this. The
Walgreens on Rupple has their tree preservation easement in their drainage area.
Trees in the right of ways were brought up at our initial meeting, and I wanted to let you know I
am working with Transportation and GIS to map right-of-way trees. I am also working with them
on BMP for median trees; you may have noticed we have mulched trees in our right of ways
recently.
We discussed counting trees in the right-of-way for or against in the review process; it is difficult
because right-of-way can be used for road widening (see Zion Road) or utility extensions, so the
trees there are not guaranteed longevity.
We also talked about credit for trees that were not counted as preserved but not cut down and
getting credit for the tree if they lived. I am still contemplating this situation. It raises more
questions on how this would work and how long before they could be counted as living beyond
the construction (3 years, 5 years?). Who received the credit for preserving the tree, the
property owner? What if the property changes hands, and what is the credit? Do they not have
to mitigate upfront for the possible death of a tree? Whom would we ask to mitigate if the tree
dies and the property has changed ownership?
This would be another one to spend some more time and think about for the future.
Let me know if you have questions or concerns about the proposed changes.
We would love your support for these changes. Thanks
John J. Scott
Urban Forestry
Parks & Recreation
ISA Certified Arborist
City of Fayetteville, Arkansas
Phone 479-444-3470
Planning Commission
April 12, 2021
Agenda Item 4
ADM-21-000029 Tree Pres
Page 13 of 13
Received 05/18/21 3:19 PM
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RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Fran Alexander
Address or Ward* Address
Ward
Locate Your Ward Number
Address* 1946 Fox Hunter Rd.
Ex. 113 W Mountain St
Phone Number 479-442-5307
Email fran@deane-alexander.com
Meeting Body* City Council
Agenda Item C-9 Tree ordinance amendments.
Number/Subject Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Comment Only
Comments Please share with all city council members at tonight's meeting.
5/18/21
To the Fayetteville City Council members:
Regarding the Tree Preservation Ordinance changes, Agenda Item C-9:
Please consider the following suggestions:
4/30/21
ADM-2021-000033: Administrative Item (Amend Unified Development Code §167,
Tree Preservation and Protection, and §177, Landscape Regulations)
Page 2— "In vetting the proposal, staff met with developers, engineers, and other
professionals in the development field during January 2021. "
These meetings from now on should be advertised as open to the general public,
not just those on the city committees addressing landscape and forestry concerns,
as an opportunity for citizen involvement in these very important decisions. The
original major tree preservation ordinance writing process 25+ yrs ago had a broad
spectrum of stakeholders, not just those with financial interests in tree decisions.
This is especially important in the Priority Levels and easement spacing and
mitigation issues.
P. 3---- People who work in tree removal, pruning, etc. should know what they're
doing and not be casually allowed to do this type of work. I urge such workers be
licensed. Too many fly-by-night "tree toppers" have come and gone over the years,
and these qualifications should have some means of enforcement by the city.
"Certification" needs to be defined more specifically of its requirements.
167.02 Mitigation Alternative:
Flexibility to infill developments sounds good but the extreme crowding of vegetation
areas, if any, in most infill developments seems to leave almost no space for trees,
which perform entirely different services than green facades or roofs would provide,
even if those are better than nothing, of course. The city needs a land survey that
delineates what land forms and existing vegetation functions are going to be
changed and what that means to the overall health and safety of the city's
environment before juggling what decorative little nod to mitigation or green
infrastructure is passed. The continual development of every square inch of property
with "infill" winds up being too much built on too little land to allow for environmental
"services" to exist.
Code Changes 167.04
While I understand the desire to change the preservation priorities, Table 2 is a good
type of visual that gives a head -up to developers where these priorities can be found
and to look out for them, especially before they buy land. The "contiguous
woodlands" priority needs especially close attention in all development
considerations so that wildlife corridors, habitat, heat island impacts, watershed
drainage patterns, etc. are valued and designed with instead of against.
Thank you for considering my comments,
Fran Alexander
Attachments PDF preferred
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3)
minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium.
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Received 05/25/21 1:30 PM
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RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Ed Levi
Address or Ward* Address
Ward
Locate Your Ward Number
Address* 301 S. West Ave
Ex. 113 W Mountain St
Phone Number 870-615-0890
Email edlevibees@gmail.com
Meeting Body* City Council
Agenda Item B-1 Tree Preservation
Number/Subject Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments The consideration of the Council of the Planning Commission's proposed changes
to the Tree Preservation ordinances have me worried. While I understand the
reasoning and importance of in -fill in Fayetteville, by its own documents and
reputation, Fayetteville is a "tree city" known for the protection of the beauty and
importance of its trees.
Already, I have watched as numerous beautiful and significant trees have
succumbed in the name of progress. (The destruction going on in "the protected"
Fay Jones Woodland is sad and just an example of the direction this city seems to
be preferring albeit contrary to the promises to the citizenry.) I have also watched as
numerous trees are not cut while digging up their feeder roots and spraying
herbicides in their vicinity has degraded their health and longevity.
In your own documents you state that your purpose of tree preservation is because
tree canopies:
"-CREATE HEALTHFUL ENVIRONMENT FOR FAYETTEVILLE RESIDENTS,
BUSINESSES, AND INDUSTRIES;
-SEQUESTURES CARBON DIOXIDE;
-MODERATE THE HARMFUL EFFECTS OF SUN, WIND AND TEMPERATURE
CHANGES;
-BUFFER NOISE, AIR AND VISUAL POLLUTION;
-FILTER POLLUTANTS FROM THE AIR THAT ASSIST IN THE GENERATION OF
OXYGEN;
-REDUCE STORMWATER RUNOFF AND THE POTENTIAL DAMAGE IT MAY
CAUSE;
-STABILIZE SOIL AND PREVENT EROSION, WITH AN EMPHASIS ON
MAINTAINING TREE CANOPY ON HILLSIDES AS CANOPIED SLOPES IN
CHAPTER 151;
-PROVIDE HABITAT FOR BIRDS AND OTHER WILDLIFE;
-PRESERVE RIPARIAN BANKS AND BEDS, AND PREVENT SEDIMENTATION;
-SCREEN INCOMPATIBLE LAND;
-PROMOTE ENERGY CONSERVATION;
-PROTECT AND ENHANCE PROPERTY VALUES."
In the proposed amendments to Tree Preservation it seems that decisions to
destroy part of what makes Fayetteville great is becoming easier for the sake of
"progress". Progress should not just mean easy development. While progress is
needed it should be done thoughtfully and the value of trees should be kept
foremost in the minds of the planners. Green facades do not replace what trees
provide.
Attachments PDF preferred
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3)
minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium.
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Received 05/25/21 1:50 PM
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Please ensure your comments conform to the Rules of Order and Procedure.
RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Jan Townsley
Address or Ward* Address
Ward
Locate Your Ward Number
Address* 301 S. West Ave.
Ex. 113 W Mountain St
Phone Number 870-213-8568
Email jan.townsley@gmail.com
Meeting Body* City Council
Agenda Item B-1
Number/Subject Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments In considering an amendment to the tree preservation ordinance I'd like to make a
couple comments. First, its always important not to equate "progress" with" ease of
development". Secondly, I'd like to refer to the City's own position on the importance
of trees where it is acknowledged that trees enhance property values, mitigate noise
pollution, improve air quality, sequester carbon, provide wildlife habitat, cool
buildings, control runoff and provide a sense of tranquility to a city.
I believe Fayetteville is currently a "Tree City".
Attachments PDF preferred
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3)
minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium.
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Received 06/01/21 6:01 AM
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next meeting.
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RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY COUNCIL
Full Name* Jeremy Williams
Address or Ward* Address
Ward
Locate Your Ward Number
Ward * Ward 1
Phone Number 479-879-5015
Email jeremy@treeclimbersllc.com
Meeting Body* City Council
Agenda Item B.1
Number/Subject Please click the link below to navigate to the Agenda Page
Locate City Council Agenda Item
Locate Planning Commission Agenda Item
Position Opposed
Comments I am very glad to see some revisions finally come to fruition for chapter 167 tree
preservation ordinance. This was the main reason I was involved with the urban
forestry advisory board in 2013-2014. At that time there was major resistance to any
changes. While I am glad to see some progress I am very concerned that some of
the changes currently proposed, while excellent in intention, will only set up a
collision course with issues that will cause irreparable harm. These comments were
emailed to council members directly prior to that meeting.
I was horrified at the last city council meeting that the changes John Scott promised
me that would be made ON RECORD were not even considered.
I would like the opportunity to give some professional insight from an arborist that
works with maintaining the urban forest from the private sector as well as the vice
president of the Arkansas Urban Forestry Council.
Here are my thoughts and insights on each section.
167.04 (E) Tree Preservation Priorities (Exhibit A1)While I do agree that this area
certainly could be revised I feel that there is more work that needs to be done before
we have a sustainable version. I have spoken to John Scott and I see he has made
one change i recommenoeo but not otners. unanging trom iow-memum-nign to
low/high is not something I have an issue with. I do however feel that there should
be more thought given to the goals of urban forestry and what is being proposed. I
have strong opinions on the following areas.
With the original version that was approved by the planning commission a
developer would be penalized for removing a tree that was currently dead at the
time of the survey. I felt that was unreasonable. John Scott agreed that it was
excessive and that is reflected in exhibit Al.
I feel that dangerous trees should be added to the same classification as dead
trees. I do quite a few significant tree surveys and almost always there are some
trees that while technically are alivethey pose a significant safety risk. I don't feel it is
right to penalize a property owner that is removing something that is a risk to anyone
on the property.
I feel if the city of Fayetteville truly is onboard with removing invasive species
they should not be a priority. Having invasive species as a priority gives disincentive
to remove them if they will be penalized for doing so. The chair of the City of
Fayetteville Urban forestry advisory board UFAB expressed support of this change.
The size requirement for high priority trees I feel is out of touch with reality. An
8" elm or maple is approximately 10-15years old depending on location. Trees of
that size, in my experience, are typically volunteer growth in areas that were
previously cleared or pasture and often have poor form due to over competition. I
feel that 12" would be a much better size cut off because those trees would be likely
20 or so years old and likely have started to out compete the smaller neighbors.
167.04 (F) (L) Tree Preservation Easement Size (Exhibit B)This is one area that
was left extremely vague in the current ordinance. Currently code states that an
easement must be dedicated but nothing as to the size. Staff has often pressured
developers to dedicate the full amount but is not required. Clarification is something
that I think would help both staff and developers greatly.
However, we must be extremely cautious in how this is implemented while keeping
in line with Fayetteville's long term goals of infill and revitalization. Dense urban
development and trees are by nature at odds with each other.
Please keep in mind these easements apply to any development over 1 acre in size,
not just huge developments. Tree preservation easement areas as described to me
by John Scott are not to be park type areas but wild areas that are not to be mowed
or maintained other than removing dead trees or invasive species with permission.
The current proposed language would require dedication of10-30% of the property
as tree preservation easement depending on the zoning.While initially this sounds
great I see some serious pitfalls. Typically the easement areas are the back corner
of the property or least desirable portion of the property. Once dedicated they often
become havens for invasive species because they are a sort of "no man's land" due
to having to have full city council approval to do any removal. Generally landowners
don't want to go through that hassle for an already low priority area.
One other major issue I see with this strategy is the future health of planted trees.
For high priority mitigation trees they are to be planted at 200 trees per acre per
code. At that planting rate species of any size will need to be thinned at about 20-30
years to avoid over competition and increased disease potential. If the area is an
easement the full city council will have to vote on something that will almost certainly
will have to happen.That to me is a set up for problems in 50-80 years with an aging
over dense canopy in up a decent percentage of the city.
While I do not have a perfect solution I would highly recommend considering a
phased approach instead of going 100% in one shot.Going with 25-50% of
preserved as easement would be a much more manageable test. This would also
reduce the blow back and the risk of the state legislature banning tree preservation
ordinances all together. Arkansas senate bill 634 was introduced this past session in
an attempt to outlaw ALL preservation ordinances.
Please consider all the ramifications of this item.
167.07 (A) Commercial Tree Pruner/Service: (Exhibit Cl)
I havP vPry mixPrf fPPlinnc nn thic rhannP Primarily rliiP to my PxnariPnr.P with rity
staff on this topic. Our company was one of the few companies that maintained all
full time employees as licensed by the city of Fayetteville up until covid. When city
bid projects were awarded they went to the lowest bid and most often to companies
that were not licensed. I sent letters to Kit Williams and Mayor Jordan about his
issue as far back as summer of 2018 when I had proof of these practices. Since that
time the issue has continued most recently to my knowledge in November of 2020.
My personal opinions are this change is proposed to simply avoid staff having to
follow this rule.
The original version that was approved by planning commission had a "TCIA
Trimming certificate" being recognized that simply does not exist.
Additionally, the credential I hold, "Board Certified Master Arborist" was not
recognized. I am the only Master Arborist in the state and it is the highest credential
in the industry. I spoke with John Scott on this topic and he agreed to change the list
of credentials recognized this change is reflected in exhibit C1.
Lastly there is not "teeth" whatsoever to this portion of the ordinance either currently
or in the proposed verbiage. Any violations have zero repercussions or enforce
ability. Aside from my personal feelings as to the motivation to this change I am ok
with the current proposal of exhibit C1 but would like to see some type of teeth to it.
Otherwise it's not worth the paper its written on. I will leave it to your judgement as
to whether adding enforceability is something that the city would like to pursue.
167.08 Timing of Installation (Exhibit D)I am overjoyed to see this change. This is
something that I have been a proponent of for many years.
167.04 (J) Off Site Preservation (Exhibit E) I have no opposition to this change
167.01 Mitigation Alternatives (Exhibit F)I have no opposition to this change.
Summary/ Requested Actions
I respectfully request that the following two motions be made to the proposed
changes.
1. Make a motion to amend the proposed wording of Exhibit Al to reflect the
following wording for section 3:"(3) Priority trees. The preservation and protection of
high priority trees shall be enforced most stringently to meet the minimum
percentage of canopy preservation. High priority trees are alive, healthy, greater
than or equal to a twelve -inch diameter at breast height for large and medium
species of trees. High priority for small species is greater than or equal to four -inch
diameter. Low priority trees are unhealthy(but structurally sound) as determined by a
tree care professional pursuant tol67.07. Low priority trees are less than a twelve -
inch diameter at breast height for larger and medium species and less than a four -
inch diameter at breast height for smaller tree species. Dead trees, dangerous trees
that pose current structural risk of failure as determined by a tree care professional
pursuant to 167.07, and invasive species are not counted as any priority"AII other
parts of exhibit Al remain the same
2. Make a motion to amend the proposed wording of exhibit B under (L) (1) to
reflect that the tree preservation easement size shall be 25% of the minimum
canopy preservation requirement.
3. If desired, discuss the possibility of adding enforceability to 167.07.
Jeremy Williams, Vice President Arkansas Urban Forestry Council
ISA Board Certified Master Arborist
ISA Certified Climber Specialist
ISA Tree Risk Assessor#SO-6263BT
TCIA Certified Tree Care Safety Professional #1267
Attachments PDF preferred
Section from the RULES OF ORDER AND PROCEDURE OF THE FAYETTEVILLE CITY
COUNCIL Adopted 01/07/2020 by Resolution #01-20 & Amended 06/16/2020 by
Resolution #170-20:
Public Comments. Public comment at a City Council meeting shall be allowed for all members of the audience
who have signed up prior to the beginning of the agenda item they wish to address being opened for public
comment. Speakers shall be limited to a maximum of five (5) minutes to be broken into segments of three and two
minutes. Amendments may receive public comments only if approved by the City Council by unanimous consent or
majority vote. If public comment is allowed for an amendment, speakers will only be allowed to speak for three (3)
minutes. The City Council may allow both a speaker additional time and an unsigned -up person to speak by
unanimous consent or majority vote
Courtesy and Respect. All members of the public, all city staff and elected officials shall accord the utmost courtesy and
respect to each other at all times. All shall refrain from rude or derogatory remarks, reflections as to integrity, abusive
comments and statements about motives or personalities. Any member of the public who violates these standards shall
be ruled out of order by the Mayor, must immediately cease speaking and shall leave the podium.
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NORTHWEST AwAmm
Democrat f0auffe
f ^ 30 cif FA.+a"PAL 0 '.,^t. ; n.44:•r C • F yX ;�.65_ rlt • !;:;';; v[,' Oa a
AFFIDAVIT OF PUBLICATION
I, Brittany Smith, do solemnly swear that I am the Accounting Legal Clerk of the Northwest Arkansas
Democrat -Gazette, a daily newspaper printed and published in said County, State of Arkansas; that I was so
related to this publication at and during the publication of the annexed legal advertisement
the matter of: Notice pending in the Court, in said County, and at the dates of
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and that during said periods and at said dates, said newspaper
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period of one month before the date of the first publication of
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City of Fayetteville
Ord 6442
Was inserted in the Regular Edition on:
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Publication Charges: $252.32
S�
Brittany Smith
Subscribed and sworn to before me
This % day of j,f,�, 2021.
Cathy Wiles
Benton COUNTY
� N TARP PUBLIC—ARKANSAS
Y, mmission Expires 02-20-2024
Notary Public No, 12397118
My Commission Expires: Z/0,/2-�
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Ordinance: 6442
File Number: 2021-0358
AMEND CHAPTER 167 TREE
PRESERVATION AND
PROTECTION, CHAPTER 177
LANDSCAPE REGULATIONS
AND CHAPTER 151
DEFINITIONS:
AN ORDINANCE TO AMEND
CHAPTER 167 TREE
PRESERVATION AND
PROTECTION, CHAPTER 177
LANDSCAPE REGULATIONS,
AND CHAPTER 151 DEFINITIONS
OF THE UNIFIED DEVELOPMENT
CODE TO OFFER
CLARIFICATION, EFFICIENCIES,
AND ADDITIONAL OPTIONS TO
BOTH TREE PRESERVATION
AND LANDSCAPING CODES
WHEREAS, to streamline portions of
the Tree Preservation and Landscape
Codes, staff proposes amendments to
Chapters 167 and 177 to offer clarity,
efficiency, and options to developers
and staff-, and
WHEREAS, both the City Staffand
the Planning Commission recommend
approval of the changes.
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 § 167.04(E),
§ 167.04(F)(2), and § 167.04(I)(4)
regarding tree preservation priorities
as shown in Exhibit AI attached to
the Urban Forester's agenda memo.
Section 2: That the City Council of
the City of Fayetteville, Arkansas
hereby amends §167.04(Fx2)
(a) and § 167.04(L)(1) regarding tree
preservation easements as shown in
Exhibit B attached to the Urban
Forester's agenda memo.
Section 3: That the City Council of
the City of Fayetteville, Arkansas
hereby amends §167.07
regarding the regulation of
commercial tree services as shown in
Exhibit C I attached to the Urban
Foresters agenda memo.
Section 4: That the City Council of
the City of Fayetteville, Arkansas
hereby amends § 177.08 by adding
the following sentences to the end of
the paragraph as shown in Exhibit D
attached to the Urban Foresters
agenda memo:
"Tree planting may be delayed for
optimal planting times with approval
from the Urban Forester. A deadline
for delayed planting will be set and
must be agreed upon with the Urban
Forester."
Section 5: That the city Council of the
City of Fayetteville, Arkansas hereby
amends §I67.04(Jx2) and §
167.04(J)(3xa) regarding off -site
preservation alternatives as shown in
Exhibit E attached to the Urban
Foresters agenda memo.
Section 6: That the City Council of the
City of Fayetteville, Arkansas hereby
amends §167.01(B), § 167,04(Jx4),
and § 167. MA) and enacts a new
§ 167.04(1)(9) regarding mitigation
alternatives as shown in Exhibit F
attached to the Urban Foresters agenda
Section 7: That the City Council of the
City of Fayetteville, Arkansas hereby
amends § 15 1.01 Definit ions by
enacting the following new definitions
as shown in Exhibit G attached to the
Urban Forester's agenda memo:
"Mitigation Alternatives. Mitigation
alternatives are plantings that are not
trees but still offer environmental
benefits. Intensive Gran Roofs,
Extensive Green Roofs, and Green
Facades are mitigation alternatives.
Intensive Green Roof. A green roof
with 6 inches or greater soil medium
that can sustain plant species with
deeper root systems.
Extensive Green Roof. A green roof
with 2 to 5 inches of soil medium that
can sustain plant species with shallow
root systems.
Green Facade. A green facade is
created by growing climbing plants up
and across the facade of a building,
either from plants grown directly in the
ground or a large container of at least
12 inches of soil medium. Plants can
attach directly to the building or be
supported with a 12" by 12" trellis
system connected to the building.
Felling. The process of safely cutting a
tree down and bringing the tree to the
ground."PASSED and APPROVED on
6/1/2021
Approved:
Lioneld Jordan, Mayor
Attest:
75426946 June 6, 2021