HomeMy WebLinkAboutO-1193ORDINANCE NO. 1193
AN ORDINANCE TO PROVIDE FOR THE PUBLIC HEALTH, SAFETY,
WELFARE AND AESTHETIC BEAUTY OF THE CITY OF FAIRHOPE,
ALABAMA BY REPEALING ORDINANCE NO. 1037, ORDINANCE NO.
1040, AND ORDINANCE NO. 1157 AND TO PLACE ALL LANDSCAPING
REQUIRMENTS IN THE TREE ORDINANCE AND TO IMPROVE
CLARITY OF THE TREE ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAIRHOPE, ALABAMA, as follows:
TREE ORDINANCE
I. Statement of Purpose
II. Establishment & Duties of the City of Fairhope Tree Committee
III. General Landscape Requirements
IV. Special Provisions for City Properties and Utility Rights -of Way
V. Tree Protection Requirements
VI. Nuisance Trees
VII. Fees, Fines, Etc.
VIII. Appeal of Grant or Denial of Permit
IX. Interference/Severability
X. Effective Date
Appendix I. Definitions
Appendix II. Recommended Overstory Trees
Appendix III. Recommended Understory Trees
Appendix IV. Recommended Shrubs
Appendix V. List of Plants Not Supported by this Ordinance
I. Statement of Purpose: The purpose of this Ordinance is to define landscaping regulations
and protocols for the City of Fairhope and to empower the Fairhope Tree Committee to oversee,
implement and improve this Ordinance. These requirements are for the purpose of protecting
existing vegetation and encouraging the planting and maintenance of additional vegetation within
the planning and zoning jurisdiction of the City of Fairhope. Plants, particularly trees, benefit the
city and its residents by supplying oxygen and absorbing carbon dioxide, by reducing soil erosion
and storm water runoff, glare from vehicles, wind, heat, noise and other offensive conditions.
Landscaping screens and buffers maintain and enhance the character of neighborhoods and
generally create a safer, more attractive and more pleasant living and working environment for all
residents of the City of Fairhope.
II. Establishment and Duties of the Fairhope Tree Committee: The Fairhope Tree
Committee was originally established per Ordinance 747 and amended per Ordinance 998 to
determine and make recommendation to the Mayor and Council on the needs of the municipality in
connection with its tree planting program; to recommend the type and kind of trees to be planted
upon municipal streets, parks and other public places within the municipality; to assist the Mayor
and Council in the dissemination of news and information regarding the protection, maintenance,
removal and planting of trees on public property and, where requested, by the owner on private
property; to meet with the City Planning and Zoning Commission and give advice in the
formulation of said plan; to recommend to the Mayor and Council which trees are considered
unwanted weed species and identify and recommend removal of dead, dying, diseased or insect
infested trees; to examine all trees proposed to be removed or destroyed upon private property,
except on single family lots; to make studies and report to the Mayor and Council with
recommendations on matters concerning trees in the municipality as from time to time requested
by the mayor and Council.
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Tree Ordinance
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1. Membership: The Mayor, with the concurrence of the Council, shall appoint on this committee
two (2) members of the Council. The City Horticulturist and the Mayor shall serve as ex-officio
members. The term of the Council members shall expire on the date that a newly -elected Council
shall take office. In addition, the Mayor shall appoint, with the concurrence of the Council, four (4)
additional persons in the City of Fairhope; one (1) of which shall be appointed for a one (1) year
term, one (1) of which shall be appointed for a two (2) year term, and two (2) which shall be
appointed for three (3) year terms. Following the initial appointment, all members shall be
appointed to serve for a period of three (3) years, and thereafter until their successors are appointed
and qualified.
2. Vacancies: Any vacancy in the membership shall be filled for the unexpired term in the
same manner as the initial appointment.
3.Meetines: The Tree Committee shall meet at least quarterly or more often as may be
necessary to fulfill this Ordinance. In addition, meetings may be called by the Mayor, by either of
the two (2) Council Members, or by three (3) of the five (5) other members, after giving not less
than five (5) days notice of the date, time and place of the special meeting.
4. Duties and Powers: The duties and powers of the Fairhope Tree Committee are as follows:
a. Make recommendations to the Mayor and Council on the City's tree and
planting protection programs.
b. Provide public forums and educational outreach programs concerning city
development and landscaping.
C. At the request of the City Horticulturist, review sketch development plans and
advise developers regarding tree protection and landscaping prior to site
clearing of any kind.
d. At the request of the City Horticulturist, review landscape plans and either
issue or deny approval, based upon guidelines of this Ordinance.
e. At the request of the City Horticulturist, review applications for tree pruning
or removal permits.
f. Hear and rule upon appeals of grants or denials of permits as set forth in
Section VIII of this Ordinance.
g. Suggest amendments and improvements to this Ordinance when deemed
necessary.
5. Rules of Procedure: The Fairhope Tree Committee shall observe the following procedures:
a. Decisions of the Fairhope Tree Committee will be based on a majority
approval of four (4) of the six (6) appointed members.
b. The Fairhope Tree committee shall elect one (1) of its members as Chairman,
who shall serve for one (1) year or until he/she is re-elected or his/her
successor is elected.
C. All meetings of the Fairhope Tree Committee shall be open to the public.
d. The Fairhope Tree Committee shall keep minutes of its proceedings showing
the vote of each member upon questions, or if absent, failing to vote,
indicating such fact, and shall keep records of its examinations and other
official actions, all of which shall be filed immediately in the Office of the
City Clerk and shall be public record.
III. General Landscape Requirements:
1. Applicability: All rules, regulations, and requirements set forth in this section are applicable to the
following:
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Tree Ordinance
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Any new development or construction, except single family residences and development or
construction in the Central Business District (without off-street parking) that falls within the
planning jurisdiction of the City of Fairhope. This includes all public use buildings (i.e.
churches, schools, clubs, etc.) as well as City and private property.
2. Any alteration to an existing building or development, excluding single family residences, or
construction which changes the amount of gross floor area of a structure or building on a lot by
more than 30%. The property which undergoes such an alteration shall be required to come into
substantial compliance with this Ordinance at that time. This includes all public use and
buildings as well as City and private property.
3. Maintenance of plantings established previously under then existing Fairhope Ordinances shall
be continued as required in Section III, 12j& g of this Ordinance.
2. Protection of Existing Trees: During development of a site, every effort must be made to protect
and retain existing significant trees (see Section V. Tree Protection Requirements). Retained trees will
be credited toward fulfillment of this Ordinance (see below). If the City Horticulturist determines that
alternatives to tree removal exist, the landscape plan may be rejected.
3. Landscape Percentage Requirements:
a. On any building site for which an application for a building permit is made, at least
20% of the total property (not including right-of-way) shall be landscaped.
b. At least 60% of this landscaping percentage requirement shall be located between
the building walls and public streets.
4. Required Landscaping Adjacent to Public Rights -of Way
a. Front perimeter -except at permitted access ways, all interior development and
vehicular use areas shall be separated from public right-of-way frontage by a
landscaped strip of land at least ten (10) feet in width, adjacent and parallel to the
right-of-way line.
b. Secondary perimeter -except at permitted access ways, all interior development and
vehicular use area located at intersections of the public right-of-way shall be
separated by a landscaped strip at least six (6) feet in width and parallel to the
right-of-way line.
C. Land occupied by curbs and sidewalks shall not count toward required landscape
areas. Vehicles shall not overhang more than two (2) feet onto landscaped areas.
d. The required landscape area between vehicle use area and public right -of way shall
be planted with a solid unbroken visual screen at least thirty-six (36) inches in
height at planting, except for four (4) feet each side of permitted access ways.
Where non -living material is used for screen, one shrub or vine at least thirty (30)
inches in height at planting shall be required on the right-of-way side, for each ten
(10) linear feet, or fraction thereof, of screen.
5. Perimeter Landscaping:
The front setback must contain at least one (1) recommended overstory tree for every
thirty (30) feet of road frontage, or any portion thereof. These frontage trees must be
planted within the first twenty-five (25) feet of the property line. In addition, the site
must contain one (1) recommended overstory tree for every thirty (30) feet of
remaining outside lot perimeter, or any portion thereof and one (1) recommended
overstory or understory tree for every twelve (12) parking spaces, or portion thereof. At
least half of the required trees must be overstory trees. Trees may be chosen from
Appendix II (overstory) or Appendix III (understory). Other tree species may be used if
approved by the City Horticulturist.
6. Interior Landscaping Requirements:
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Tree Ordinance
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Where accommodations are provided for parking of fifty (50) or more vehicles, interior
landscape areas shall be provided, so located as to break the expanse of pavement and
to guide traffic flow. The total area provided for interior landscaping shall be at least
ten (10) percent of the total paved area for parking and access. Trees, shrubs, grass and
other ground cover shall be planted in the same ratio as required in perimeter
landscaping.
In addition to the foregoing, for parking lots designed to accommodate large volumes of
parking such as shopping centers, the following requirements shall apply:
a. A continuous landscape strip of at least seven (7) feet in width at every fourth
parking row, with solid protective curbing. Vehicles shall not overhang more
than two (2) feet into landscaped areas.
b. No more than twelve (12) continuous parking spaces shall occur without an
intervening planting strip at least seven (7) feet wide located adjacent and
parallel to the parking spaces.
C. At least one (1) tree ( of species listed in Appendix II or III) is required for
every twelve (12) parking spaces within the parking lot.
d. Where fifty (50) or more vehicles are to be accommodated, solid, raised curbs
shall be installed for protection of landscaped areas and to control traffic flow
within the parking lot. Openings may be provided as required for pedestrian
walks and passages. Alternative designs to aid storm water management (such
as rain gardens) may be approved by the City Horticulturist.
e. To allow flexibility in tree preservation and landscape development and
encourage innovative design, the City Horticulturist may approve alternative
proposals. Such proposals must provide for landscaping at least ten (10)
percent of the total paved area for parking and access.
7. To promote species richness, a minimum of four (4) different species is required on each site; at
least one (1) species must be an overstory tree.
8. No bare ground shall be left exposed. Plant materials, grass, or other approved ground cover or
mulch shall cover all non -paved and non -built developed areas. At least fifty (50) percent of such
cover must be living vegetation.
9. Cross -Visibility:
At the corner of each side of permitted points of access from public right-of-way, or at corners of
intersecting streets, landscaping shall be so planted and maintained as to provide unobstructed visibility
between the heights of two and one-half (2%) feet and ten (10) feet within an area defined by constructing
lines parallel to and twenty-five (25) feet from the point of intersection of curb lines projected.
10. Vehicular Use Areas:
Vehicular use areas and areas not occupied by development, located adjacent to side or rear property
lines, shall be separated from adjacent property by a strip of land at least five (5) feet in width, adjacent
and parallel to the lot line. This strip shall be landscaped and graded to receive rainfall run-off. Surface
water run-off shall not be permitted to pass onto adjacent property.
11. Buffer Zone Landscaping:
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Tree Ordinance
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A.) Incompatible Land Use Buffers -On any commercial, industrial, Planned Unit
Development (PUD) (as approved by the City Council) or multi -family
development (except duplexes) adjacent to or abutting a residential zoning
district, a buffer strip along the incompatible property line(s) of the developing
property is required. The buffer shall run the entire length of the abutting lot
line(s) and be at least ten (10) feet wide. Under no circumstances shall this
buffer impair vehicular flow. The type of buffer may consist of any or all of
the following:
a. An opaque fence not less than six (6) feet in height, with horizontal or
vertical openings not grater than three (3) inches per one (1) linear foot
AND a four (4) foot wide strip of Evergreen Plantings ( Appendix IV)
which will grow to at least six (6) feet in height within three (3) full
growing seasons on the inside of the fence, or;
b. A staggered double row of Evergreen plantings at least six (6) feet in
width, which will grow to at least six (6) feet in height and spaced in a
manner which after three (3) years will provide a nearly impervious visual
barrier, or;
c. Natural undisturbed forest, which provides a nearly impervious visual
barrier due to the dense nature of the plants and/or tree. If this option is
chosen, the width of the buffer zone must be increased to twenty (20) feet
in width. The City Horticulturist shall determine whether the barrier is
satisfactory by a site inspection prior to landscape approval.
B.) Parking Lot Buffer Zones -Paving shall not be placed closer thall ten (10)
feet to any property line. The property line shall be buffered with a
landscaped strip of at least ten (10) feet in width.
C.) Screening of Storm Water Detention Areas: Storm water detention
areas are hereby declared to be incompatible uses and shall be screened
from direct view from all abutting properties by installation and
maintenance of living plants not less than thirty-six (36) inches in height
at time of planting, to achieve a height of not less than six (6) feet in three
(3) years after planting. Outer slopes of detention shall not be steeper than
four (4) feet horizontal to one (1) foot vertical. Where water depth and
time of detention is sufficient to require safety fencing, such fencing shall
be installed behind required screening, on the pond side. The City
Horticulturist may waive all or part of this requirement for detention areas
that are shallow (less than two (2) feet deep) and maintained in permanent
living grass cover.
12. Planting Requirements: Any trees planted to meet this Ordinance must meet the American
Standards for Nursery Stock and the following requirements:
a. Large overstory trees must have an initial caliper diameter of at 2.0 to 2.5 inches and must
be at least ten (10) feet in height.
b. Medium or understory trees must have an initial caliper diameter of at least 1.5 inches and
be at least ten (10) feet in height.
c. Multi -stemmed understory trees must be a minimum of eight (8) feet in height and must
have at least three (3) stems; each with a minimum caliper diameter of/4 inches. A multi -
stemmed tree only counts as one tree credit.
d. Shrubs that can be pruned into tree form variations will not be approved for tree credit.
These include, but are not limited to: Ligustrum; Indian Hawthorne; Tree Yaupon; and
Camellia
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Tree Ordinance
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e. Trees must be obtained from a reputable source. Trees that have been dug in the wild will
not be accepted unless approved by the City Horticulturist.
f. Maintenance of new plantings is the responsibility of the property owner.
g. Any vegetation planted or retained to fulfill this Ordinance, which dies, becomes damaged
or diseased, and must be replaced by the property owner by the 3151 day of January, the
following year. The property owner must notify the City Horticulturist when the
replacement has been planted. Failure to replace trees that die will result in penalties (see
Section IX).
13. Tree Credits: A major goal of this Ordinance is to protect existing trees. Therefore, incentives are
offered to retain existing natural vegetation as follows:
Credit can be taken for a tree if the tree is in good, vigorous, healthy condition. Tree credits may
be used towards landscape requirements. However, the front setback must contain one overstory
tree for every thirty (30) feet of road frontage, regardless of credited trees. A tree must be at least
eight (8) inches DBH (Diameter at Breast Height-4.5 feet above the grade) to be credited. To
determine the number of tree credits allowed, divide the DBH of the preserved tree by eight (8)
and round downward, not to exceed seven (7) credited trees for any one preserved. Trees listed
in Appendix V may be retained, but will not receive credit towards fulfilling this Ordinance.
14. Lands Adjacent to U.S. Highway 98, Alabama Highway 104, and North Section Street:
All lands within twenty (20) feet of the boundaries of U.S. Highway 98 and within
twenty (20) feet of all boundaries of North Section Street and Alabama Highway 104,
within the corporate limits of the City of Fairhope, in all zoning districts, are hereby
required to be reserved by owners or developers of such land as greenspace and tree
protection zones, such lands being required to conform to all applicable provisions of
this ordinance. Provided, however, that the greenspace shall be landscaped as follows:
a. Where no vegetation, other than grass exists, new landscaping and
plantings shall be installed within the twenty (20) foot strip as approved
by the City Horticulturist; otherwise the following shall apply:
b. For front facing structures, the reserved area may be:
1) Left in its natural state;
2) Natural growth partially maintained, but enhanced with addition
of trees and shrubs;
3) Natural growth removed and all new landscaping and plantings
installed as approved by the City Horticulturist.
c. For rear facing residential structures, the reserved area shall be maintained
in as opaque a condition as possible.
15. Steps for Approval: Before a building permit can be issued or Preliminary Plat approval can be
obtained AND prior to any clearing of property for development, a site plan must be reviewed and
accepted by both the Fairhope City Horticulturist and City Planner.
a. An inventory of all live trees greater than twenty-four (24) inches in DBH on a site shall be
included in the Sketch Plan submitted to the City Horticulturist and the City Planner so that
the developer may be advised on tree protection prior to site clearing or development. The
City Horticulturist will normally have a period of seven (7) days to review the sketch plan
and reply to the developer in writing. If more than seven (7) days is required, the city
Horticulturist shall notify the developer in writing and specify a definite period for
completing the review.
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Ordinance No. 1193
Tree Ordinance
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b. A full landscape plan shall be submitted as part of the Preliminary Site Plan for any
development. It is required that landscape plans be drawn by a licensed landscape architect
or a qualified landscape designer. The landscape plan must be of professional quality and
shall include:
1. Date, scale, north arrow, title, names and contact information for property
owner(s), developer and landscape designer.
2. Location of existing boundary lines; dimensions of building site; location of
existing water courses; significant drainage features; existing and proposed streets
or alleys; existing or proposed utility easements on or adjacent to the building site;
road rights -of -way; required setbacks; location of proposed parking spaces;
location of existing or proposed sidewalks.
3. The locations, species and DBH of existing, significant trees indicating those to be
retained for credit and those to be removed, along with written justification for
removal of and any significant trees.
4. The location(s) and dimension(s) of the proposed landscape area within the parking
area(s) including descriptions and locations of new trees and plant materials to be
placed within landscape area(s). Common name and botanical name must both be
included.
5. An indication, using written or graphic information, of how the applicant plans to
protect from damage, during construction, any existing trees or other vegetation
which are proposed to be retained for credit.
6. Statistics verifying that the minimum landscaping percentages set forth under this
Ordinance are met.
7. Location, type and design of any proposed irrigation system(s).
8. Location and species of buffer zone vegetation.
c. The City Horticulturist will review the full landscape plan as certified by the landscape
architect/designer. If deficiencies are found, the landscape architect/designer will be
required to revise the plan before a building permit will be issued. In cases of permit denial,
a written explanation must be given by the City Horticulturist. A revised plan may be
resubmitted for evaluation and shall be reviewed according to the same procedures as the
initial submission.
d. A building permit will not be issued unless accompanied by a certified landscape plan.
e. If proposed construction causes changes in the landscape plan, a revised plan must be
submitted to the City Planner and will be forwarded to the City Horticulturist for re-
evaluation.
f. Once the approved landscape plan has been implemented on the site, the City Horticulturist
must be contacted for an on -site inspection. The City Horticulturist normally shall have a
period of five (5) working days to inspect the property and confirm the landscape plan has
been implemented properly. If more than five (5) days is required, the City Horticulturist
shall notify the developer in writing of a specific date for completing the re -inspection.
g. Once the on -site approval has been completed, the property owner will be notified in writing
and may apply for Final Plat approval or an occupancy permit.
h. AN OCCUPANCY PERMIT WILL NOT BE ISSUED UNTIL THE SUBMITTED
AND PPPROVED LANDSCAPE PLAN HAS BEEN IMPLEMENTED.
i. The Mayor or the City Horticulturist may designate a City Official to act for the City
Horticulturist, if necessary. The City will provide written notice of such designation to
affected applicants.
IV. Special Provisions for City Properties and Utility Rights of Way.
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Ordinance No. 1193
Tree Ordinance
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1. City Right of Way. The City Horticulturist (or appointed staff) shall have the right
to plant, prune, maintain and remove trees, plants, and shrubs within the City
rights -of -way and all other public property as may be necessary to insure public
health, safety and welfare or to preserve or enhance the beauty and symmetry of
such public grounds. However, the City Horticulturist and/or Fairhope Utilities
Board must obtain proper permission from the Fairhope Tree Committee prior to
removal of any significant tree unless the significant tree is diseased or represents a
public hazard.
2. City Owned Property. Development of any City owned property must adhere to
this Ordinance.
3. License Required. It shall be unlawful for any person, individual, corporation,
institution, or agent of such to engage principally in the business or occupation of
pruning, fertilizing, or removing trees within the Planning and Zoning Jurisdiction
of the City of Fairhope without first applying for and procuring the appropriate
business license from the City of Fairhope.
4. Unlawful Removal. It shall be unlawful to remove, prune, or otherwise damage
any tree on public property or the right-of-way without approval from the City
Horticulturist.
5. Contractor Requirements. All work on City property covered under this
Ordinance must be performed by a licensed, bonded, and insured contractor under
the direct supervision of a certified arborist.
6. Permits. Public Utilities that perform routine tree maintenance operations must
apply for an annual permit.
7. Standards. All routine pruning of trees on city owned property and City
maintained utility easements must conform to standards set forth by the
International Society of Arboriculture and the National Arborist Association.
Routine pruning shall be based on a maximum three (3) year rotation.
V. Tree Protection Requirements:
Applicability: The following requirements apply to all properties other than single family residences.
1. A significant tree is defined as any living tree(overstory or
understory) with a DBH that exceeds twenty-four (24) inches.
Significant trees are protected under this Ordinance and cannot
be cut or intentionally harmed without expressed written
consent of the City Horticulturist.
Any person wishing to remove or relocate a significant tree
shall, under the provisions of this section, make written
application with the City Horticulturist. The application shall
include a landscape plan (as defined above). The City
Horticulturist must approve or deny the permit within fourteen
(14) working days after receipt of the application.
All tree removal will be at the property owner's expense
except for; 1) trees on the City right-of-way which are
diseased, injured, in danger of falling close to existing
structures, or which create unsafe vision clearance, the removal
of which shall be funded by the City; or 2) trees beneath utility
lines which threaten to damage the utility line, the removal of
which is the duty of the utility company.
4. Criteria for Issuance of a Tree Removal Permit:
a. The tree is located in an area where a structure or
improvement will be placed according to an approved
plan.
Ordinance No. 1193
Tree Ordinance
Page —9-
b. The tree is diseased, injured, in danger of falling too close
to an existing or proposed structure(s) interferes with
existing utility service, creates unsafe vision clearance or
conflicts with other ordinances or regulations.
c. The tree is, or will be after construction, in violation of
federal , state, or local laws, including but not limited to,
laws and regulations pertaining to government programs
for financing the construction.
d. A permit may be denied if the tree is considered vital to
the natural heritage of the City of Fairhope and/or the
Fairhope Tree Committee determines that reasonable
alternatives to cutting the tree exist.
VI. Nuisance Trees: The City Horticulturist may require landowners, inclusive of single family
residences, to prune and remove trees, which may endanger public safety or be likely to endanger other
trees through the spread of disease or insect infestation.
VII. Fees, Fines, Etc. All fines and fees collected will be used to cover operational costs, to implement
this Ordinance on city properties and to purchase plants for the City.
1. Fees for Services Rendered. All commercial building permits shall require
payment of a $75.00 landscape Review Fee before the permit will be issued.
Fines/Penalties. Violators of the Terms of this Ordinance may be cited to
Municipal court by means of a Municipal Offense Ticket issued by any authorized
enforcement officer of the City. Such violators may also be brought before the
court on issuance of complaint and arrest summons by any such officer. Upon
conviction of any provision herein, a violator shall be subject to a maximum fine as
allowable by statute and/or a sentence to the City Jail, not to exceed six (6) months,
at the discretion of the Municipal Judge. Upon a second or subsequent conviction,
the violator shall be subject to the minimum in the City Jail of three (3) days and a
maximum sentence of six (6) months. The Municipal Judge shall have the
discretion to allow community service in lieu of jail time at the rate of five (5) days
community service for every one (1) day of jail time.
3. Restitution. Person who are convicted of causing intentional injury or harm to any
tree on city property or on public rights -of -way will be required to make restitution
to the City in the following amounts:
$100.00 for each tree 1-2 inches DBH
$500.00 for each tree 2-5 inches DBH
$1000.00 for each tree 5-10 inched DBH
$2000.00 for each tree 10-15 inches DBH
$3000.00 for each tree 15-20 inches DBH
$10,000.00 for each tree 20-30 inches DBH
$10,000.00 for each tree 30 inches plus DBH
VIII. Appeal of Grant or Denial of Permit. Appeals of either a grant or denial of permits pursuant to
these requirement shall be to the Fairhope Tree Committee and may be made by the applicant or any
officer, department, or board of the City aggrieved by any decision of the City Horticulturist with respect
to the administration or enforcement of these requirements. The Fairhope Tree Committee shall have the
power to grant permits upon a showing by the applicant of clear and convincing evidence that the
applicant will suffer an extreme and extraordinary hardship. A party aggrieved by the decision of the
Fairhope Tree Committee may appeal to the Fairhope Board of Adjustments and Appeals.
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Ordinance No. 1193
Tree Ordinance
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IX. Interference/Severability:
Interference. No person shall hinder, prevent, delay or interfere with the City Horticulturist,
Fairhope Tree Committee, or any other duly authorized individual, while engaged in carrying
out the execution or enforcement of this Ordinance; provided, however, that nothing herein shall
be construed as an attempt to prohibit the pursuit of any remedy, legal or equitable, in any court
of competent jurisdiction for the protection of property rights by the owner of any property
within the municipality.
2. Severability. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any
reason held to be unconstitutional or otherwise invalid by a Court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance.
X. Effective Date: This Ordinance shall be in full force and effect upon its adoption and publication as
provided by law.
ADOPTED THIS loll DAY OF November , 2003
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APPENDIX I
DEFINITIONS
DBH Diameter at Breast Height, or 4.5 feet above the grade. Used to measure all
existing trees.
Caliper Diameter of a tree trunk. Caliper is used to determine the minimum size of
trees planted to fulfill this ordinance. For trees less than 4 inches in diameter, it
is measured 6 inches above the ground. For trees between 4 inches and 12
inches in diameter, it is measured 12 inches above the ground.
City Horticulturist Iteters to the official appointed by the City Council to enforce the City of
Fairhope Tree Protection and Landscape Ordinance.
Recommended Tree Any of the trees listed in Appendix 11 or III, or others as approved by the
Fairhope Tree Committee.
Significant Tree Any living tree (overstory or understory) with a DBH that exceeds twenty-four
inches.
Public Tree Any tree located on city of Fairhope property. This includes City right-of-
ways.
Tree Credits A means of crediting existing trees for trees that would have to be planted if
existing trees could not be saved and protected as stated in this ordinance.
Overstory 'frees frees which, at maturity, comprise the canopy of a natural forest. Generally
greater than fifty feet at mature height.
Understory Trees Trees which, at maturity, comprise (lie sub -canopy of a natural finest. These
are generally twenty to forty feet at mature height.
Sketch Plan Initial drawings or sketches of a proposed development, which are submitted
to both the Fairhope Planning & Zoning Board and the Fairhope Tree
Committee so the developer may be advised prior to any clearing of the
property.
Landscape Plan Detailed drawings of proposed landscaping, which are evaluated by the
Fairhope Tree committee to meet this ordinance. (See Section K Article 2)
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APPENDIX 11
RECOMMENDED OVERSTORY TRf ES
The following species are recommended for planting within the city of Fairhope. Other species that are
recognized as suitable for this area may be used (if approved by the Citv Horticu/trrrist) Species native to
coastal Alabama (Baldivin, Lsscambia, and rtlobile Counties) are preferred.
Acer barbatzun
Southern Red Maple
Benda nigra
River Birch
Carya spp.
Hickory (any species native to coastal Alabama)
Celtis luevigata
Hackberry/Sugarberry
Tagus A;Jrandifb la
American Beech
Frayinus spp.
Ash (anyspecies native to coastal Alabama)
Liquidarnbar stvracrflua
Sweetgum /Redgum
Liriodendron tulipr/era
Yellow-poplar/Tulip-tree
Magnolia acuminata
Cucumber Magnolia
A,lagnoliu grandiflora
Southern Magnolia
A`yssa sylvatico
Blackgum
Quercus spp.
Oak (urry arborescent species native to coastal Alabama)
Pines spp.
Pine (anv species native to coastal Alabama)
Taxodium ascendens
Pondcypress
IQ.Yodium distichunr
Baldcypress
UUlnzus alata
Winced Elm
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APPENDIX IIf
RECOMMENDED UNDERSTORY TREE?S
The following species are recommended for planting within the City of Pairhope. Other
Species that are recognized as suitable for this area may be used if approved by the
City of Fairhope Horticulturist. Species native to coastal Alabama (Baldwin, l scambia and ,44obile
Counties) are preferred in most cases.
Amelanchier aboreum
Downy Servicebery
Carpinus ccrroliniana
American Hornbeam
Chamaecyjmris thyoides
Atlantic White Cedar
Chionanthus virginicus
Fringe-tree/Grandsie-graybeard.
Cralaegus marshallii
Parsley Hawthorne
Ginkgo biloba
Ginkao/Maidenhair Tree (use male plants only)
Halesia caroliniana
Carolina Silverbell
Halesia diptera
Two -wing Silverbell
Ilex spp.
Holly/Ilex (arborescent species native to coastal
Alabama)
.h1niperus Orginiana
Eastern Red cedar
Juniperus silicicola
Southern Red cedar
Lagerstroemia indica
Crape -myrtle (varieties over 15 fiet tall at maturity)
!Llagnolia spp,
Magnolia (any species native to coastal Alabama plzts
arborescent decichtous oriental varieties)
.N5,ssa ogeche
Ogeeche Gum
Ostrva virginiana
Eastern Ifophornbeam
Oxydendrum arboreum
Sourwood
Persea borbonia
R.edbay
Styrax americanunt
American Snowbell
Uhnus pary folia
Chinese Elm
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APPENDIX IV
RECOMMENDED EVERGREEN PLANTINGS
The following species are recommended for planting within the City of Pairhope. These species
may be used in buffer zone. landscaping. Other species that are recognized as suitable for this area
may be used if approved by the City Horticulturist.
Agarista popldilblia Fetterbush
Camellia japonica Camellia
Camellia sasonqua Sasanqua
Cl{ftania mvnophylla Buckwheat tree/Black Titi
Ilex cassine Dahoon holly
Iles ntmifolia Myrtle Holly
Illichan floridanurn Florida Anise
Illiciurn puri,iflorum Star Anise
.Myrica cerfera Southern Bayberry/Waxmyrtle
Osmcmthus americarnrs American Olive/Devilwood
Rhodondendron spp. Azalea (large evergreen species/varieties
adapted to coastal Alabama)
k7burnum Viburnum
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APPENDIX V
PLANTS NOT SUPPORTED BY 'PHIS ORDINANCE
The fiollowing plants are exotic species. which are difficult to control, or otherwise unsuitable for
this area, and are not acceptable to meet any of the requirements for overstory trees, understory
trees or buffer zone planting.
Alhizia lulihrissin
Ailanthus altissima
Cinnamomum camphora
Ligustruni sinense
Melia a=eclarach
Paw•lonia tomenlosa
Sapiurn sehif Brunt
Mimosa
Tree of heaven
Camphor Tree
Chinese Privet
Chinaberry
Princess Tree
Chinese Tallowtree/Popcorn Tree
Additionally, all non-native species of bamboo (except those in the genus Bamhusa) and all
invasive exotic vines (such as Kudzu, Chinese Wisteria, Japanese Honeysuckle, and Air Potato)
are not acceptable.
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