HomeMy WebLinkAboutO-1351ORDINANCE NO. 1351
TREE ORDINANCE NO. 1193
SECOND AMENDMENT
II. Establishment and Duties of the Fairhope Tree Committee:
1. Membership:
Amendment:
The Mayor, with the concurrence of the City 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, six (6) 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. The two additional members shall serve
three (3) year terms.
III.General Landscape Requirements:
15. Steps for Approval:
F-F
An inventory of all trees greater than twenty (20) 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. ----
b. number 5. - amend to read
A tree protection plan, using written and graphic information, to show how the
applicant proposes to prevent damage to existing trees and other vegetation to be
retained for credit. The plan also shall indicate measures to protect all trees,
shrubs, and other landscape vegetation on adjacent public or private land that
may be affected by the applicant's construction. Minimum requirements for such
protection are described in Section V.Tree Protection Requirements. This plan
also shall indicate which, if any, Significant Trees (see APPENDIX
I.DEFINITIONS) must be pruned and specify the proposed extent of such
pruning."
Ordinance No. 1351
Page 2
IV. Special Provisions for City Properties and Utility Rights of Way
Added wording to provide for removals and mitigation with the City
Horticulturist's approval:
"8. Permitted Removals. The City Horticulturist may grant permission for the
removal of trees on City owned property when removal is in the public interest or
when the City Horticulturist deems it possible to make reasonable mitigation that
will maintain the City's landscapes. Restitution may include planting trees on City
property at any location the Horticulturist designates or providing replacement
funding to the City (see VII. Fees, Fines, Etc.).
V.Tree Protection Requirements:
Replace # 1 with the following wording —
"I. A Significant Tree is defined as any living tree (overstory or understory)
with a stem diameter that exceeds twenty (20.0) inches. Such diameter will be
measured at four and one-half (4112) feet above ground level in the case of single -
stem trees or as the sum of stem diameters at four and one-half (4 %) feet above the
ground level in the case of multi -stemmed trees. Significant Trees are protected under
this ordinance and cannot be cut, pruned or otherwise intentionally harmed without
express written permission of the City Horticulturist. "
Add #5
5. Development on parcels shall comply with the following requirements to protect
Significant Trees and other trees that are to be retained for landscape credit on the
applicant's parcel :
a. Protective barricades shall be placed around all retained trees, to create a protective
radius, and shall remain in place until land alteration, site clearing, and construction
activities are complete. Barricades for the protective radius shall be erected with a
minimum distance of twenty (20) feet from the trunks of Significant Trees and ten (10)
feet of other retained trees.
b. A minimum distance of twenty (20) feet from all Significant Trees and ten (10) feet
from all other retained trees shall be maintained when installing underground utilities. If
this results in unreasonable hardship, a soil auger shall be used to tunnel under the tree
roots.
c. Installation of protective barriers, fences, posts or walls shall not destroy or
irreversibly harm the root systems of protected trees. Footers for walls shall end at the
point where large roots are encountered, and the roots shall be bridged. Post holes and
trenches located close to retained trees shall be adjusted to avoid damage to major roots.
d. All roots to be removed during site clearing and/or construction shall be severed
cleanly at the perimeter of the protected radius.
Ordinance No. 1351
Page 3
e. A protective dry well and drainage/aeration system shall be provided where a retained
tree would be adversely affected by raising the grade.
f. A protective retaining wall shall be constructed at or beyond the perimeter of the
protective radius where a retained tree would be adversely affected by lowering the
grade.
g. Paving base placement within the outside five (5) feet of the protective radius may be
approved by the City Horticulturist, provided that effective pervious material/design is
used. Such pervious material must be placed on grade, to reduce root system damage.
h. Structural foundations may be located at a distance of five (5) feet from the trunk of a
retained tree, provided an effective pervious area radius is extended proportionally in
three other directions to allow a minimum of 400 square feet of pervious area.
VII. Fees, Fines, Etc.
Current wording
3. Restitution. Persons 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:
Amend the following:
$100.00 for each tree 1.0 to 1.9 inches DBH
$500.00 for each tree 2.0 to 4.9 inches DBH
$1, 000. 00for each tree 5.0 to 9.9 inches DBH
$2, 000. 00for each tree 10.0 to 14.9 inches DBH
$3, 000. 00for each tree 15.0 to 19.9 inches DBH
$10, 000.00 for each tree 20.0 to 29.9 inches DBH
$20, 000. 00for each tree 30.0 plus inches DBH.
Add the following:
When the City Horticulturist gives approval for removals of trees on City property or
public right-of-way, the person requesting such approval may be required to make
payments to the City as follows:
$50.00 for each tree 1-1.9 inches DBH
$250.00 for each tree 2.0-4.9 inches DBH
$500.00 for each tree 5.0-9.9 inches DBH
$1,000. 00for each tree 10.0-14.9 inches DBH
$1,500.00 for each tree 15.0-19.9 inches DBH
$5, 000. 00for each tree 20.0-29.9 inches DBH
$10,000.00 for each tree 30.0 plus inches DBH.
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Ordinance No. 1351
Page 4
When only stumps are available for measurement, stump top diameter rather than DBH
shall apply.
Any of the fees set forth in Section VII. may be reduced or avoided when the City
Horticulturist determines that requested tree removal is in the public interest.
The City Horticulturist shall use the higher of the above schedules in estimating
restitution or mitigation for the unauthorized removal or intentional degrading of
Significant Trees at private development sites.
Amend the following Appendix I definitions:
APPENDIX I
DEFINITIONS
DBH Diameter at Breast Height, or 41/2 feet above grade. Used to
measure all existing trees. In the case of multi -stemmed trees,
diameters at breast height will be summed for the purposes of this
ordinance.
Significant Tree Any living tree (overstory or understory) with a DBH that
exceeds twenty inches (20.0 inches)
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.
Effective Date: This Ordinance shall be in full force and effect upon its adoption and
publication as provided by law.
ADOPTED THIS
Attest:
Gem ece W. Johnson, City rk
28th DAY OF January 52008
C
y lf. Kant! Mayor