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File #: ORD18051    Version: 1
Type: Ordinance
Title: AN ORDINANCE AMENDING THE JONESBORO CODE OF ORDINANCES, SECTION 117-326, FOR THE PURPOSE OF PROVIDING MINIMUM STANDARDS FOR THE PROVISION OF LANDSCAPE, SCREENING AND TREE PRESERVATION WITHIN THE CITY OF JONESBORO, ARKANSAS, WITH THE INTENT TO PROMOTE LANDSCAPING, BUFFERING, SCREENING AND TREE PRESERVATION FOR THE GENERAL HEALTH, SAFETY AND WELFARE OF THE COMMUNITY. BE IT THEREFORE ORDAINED BY THE CITY COUNCIL OF THE CITY OF JONESBORO, ARKANSAS THAT: SECTION 1. THE CURRENT LANGUAGE IN SECTION 117-326 SHALL BE REPEALED IN ITS ENTIRETY AND REPLACED WITH THE FOLLOWING: Sec. 117-326. Landscaping and Screening This section sets out the minimum landscaping and screening and tree preservation requirements for new development in the city as follows: 1. Applicability exemptions. The following shall be exempt from the standards of this section: a. Residential. The AG, RR, R-O, RS-1 - RS-8, R-1, R-1A, and RU-I districts shall be exempt from all standards of this section. b. Existing development. Improvements or repairs to existing development that do not result in an increase in floor area, or changes in use that do not result in an increase in floor area and do not result in an increase in intensity, shall also be exempt from all the standards of this section. 2. General Landscaping requirements. All new development and redevelopment must provide a landscape plan meeting the requirements below. 3. A percentage of the total land area currently under development will be devoted to landscaping. a. If the total current development area is two acres or more, the developer must provide either a minimum of 20 percent green space with at least one new tree or shrub meeting the plant criteria herein for each 2,000 square feet of the total development area; or, a minimum of 15 percent green space with one tree or shrub for every 1,000 square feet of total development area. If the developer opts to use the 15 percent green space option, tree size must be increase from two and one-half inch ball and burlap to four-inch ball and burlap. b. If the development is less than two acres, at least one new tree or shrub meeting the plant criteria herein must be provided for each 1,000 square feet of the total land area for developments up to two acres. 4. Criteria for plant materials: a. A minimum of 25% of the plant materials required under this code shall consist of trees of which 40% shall be native species. b. Parking lots containing ten (10) or more spaces shall be landscaped in the following manner: 1. Narrow tree lawn. A continuous landscape strip between rows of parking. The minimum width of a tree lawn shall be ten feet (10’) and a minimum length of eighteen feet (18’), or an area of not less than three hundred twenty-four square feet (324 sf). If the parking area is a double bay parking area, the tree island shall be a minimum width of eighteen feet (18’) and a minimum length of thirty-six feet (36’), or an area of not less than six hundred forty-eight square feet (648 sf). One tree shall be planted for every 15 parking spaces with this option, with the maximum run of 15 parking spaces permitted without a tree island. Interior trees shall be placed on either side of points of access (entrance drives, exit drives) within tree islands. In addition, all street trees must be spaced at a minimum of forty feet (40’). All tree planted to meet these requirements shall be deciduous shade trees. c. New plants may be selected from the recommended plants list provided by the Planning and Zoning Department. Plants should be selected for hardiness in local zones. Plants should be arranged to facilitate growth and avoid damage by development. The following trees shall not be used in a landscape plan: 1. Black locust (Robinia Pseqdoacacia) 2. Cottonwood (Populous Trichocarps) 3. Bradford pear (Pyrus Calleryana “Bradford”) 4. Southern live oak (Quercus Virginiana) 5. Mimosa (Albizia Julibirssin) 6. Privet (Ligstrum Sinese) d. Deciduous ornamental trees must be balled and burlapped, have at least two and one-half inch caliper, and be at least eight (8) feet tall. Deciduous shade trees must be balled and burlapped, have at least two and one-half inch caliper by at least eight (8) feet tall. Evergreen trees must be balled and burlapped and be at least ten (10) feet in height above natural grade. No more than 25% of the total number of trees may be ornamental trees, and at least 10% of the trees shall be evergreen. Shrubs are to be five-gallon size, minimum. e. Perennials from the recommended plants list qualify as a plant selection to meet minimum requirements in the ratio of 20:1. Twenty perennials, six inch pot size, equal one shrub. Perennials qualify as plant selections to a maximum of 15% of the required number of plants. f. Credit to the plant requirement will be considered for existing trees, provided: they are of a desirable type, are healthy specimens, they contribute to the compatibility of the development, and they are not threatened by the construction or placement of the proposed development. Existing trees may not have a change in grade under the tree canopy greater than +_4. In addition, the health of existing trees must be certified by a licensed arborist. Qualification or placement of the proposed plant material must be verified with the Planning and Zoning Department. 5. Landscape buffer zones, screening fences, or walls will be required where nonresidential zones abut residential zones. Landscape buffer zones, screening fences, or screening walls may also be required where multi-family zones abut low-density residential zones. The width of the required buffer shall be verified with the Planning and Zoning Department. If plants are to be used for screening, they must be evergreen and planted to provide a solid screen within three (3) years. 6. Installation, maintenance, and replacement a. Installation. All landscaping shall be installed according to sound nursery practices and in a manner designed to encourage vigorous growth. All landscape material, both living and nonliving, shall be in place prior to issuance of a certificate of occupancy or a bond or letter of credit for the full amount of the landscaping. b. Maintenance and replacement. Trees, shrubs, fences, walls and other landscape features, which includes screening depicted on plans approved by the city, shall be considered as elements of the project in the same manner as parking, building materials, and other details are elements of the plan. The landowner, or successors in interest, or agent, if any, shall be jointly and severally responsible for the following: 1. Regular maintenance of all landscaping, must be kept in good condition and in a way that presents a healthy, neat, and orderly appearance. All landscaping shall be maintained free from disease, pests, weeds and litter. This maintenance shall include weeding, watering, fertilizing, pruning, mowing, edging, mulching or other maintenance, as needed and in accordance with acceptable horticultural practices; 2. The repair or replacement of required landscape structures e.g., fences and walls, to a structurally sound condition; 3. The regular maintenance, repair, or replacement, where necessary, or any landscaping required by the section; and 4. Continuous maintenance of the site. Recommended Plant List Large Shrubs/small trees appropriate under power lines. Scientific Name Common Name Landscape Remarks Size: height x width Acer Buergerianum Trident Maple 25' x 20' Fall color variable and rare Acer Ginnala Amur Maple 18' x 15' Flame fall color Acer Griseum Paperbark Maple 20' x 10' Exceptional bark; partial sun Acer Palmatum Japanese Maple variable |10|?Bloodgood'/'T Rompenburg' Acer Tataricum Tatarian Maple 20' x 20' Variable fall color Acer Truncatum Shantung Maple 20' x 20' Yellow/orange fall color (?Fire Dragon') Amelanchier Stolonoifera Running Serviceberry 5’ x 5’ Carpinus Caroliniana American Hornbeam 25' x 25' Variable fall color (orange/red) Cercis Canadensis Eastern Redbud 20' x 20' No fall color; showy March/early April Chionanthus Retusus Chinese Fringetree 20' x 24' No fall color; flws. late April Chionanthus Virginicus White Fringetree 20' x 20' No fall color; flws. late April Cornus Kousa Kousa Dogwood 25’ x 25’ Cornus Florida Florida Dogwood 20' x 25' Excpt flowers; avoid full sun Cotinus Coggygria Smoketree 12' x 12' Intense purple foliage Hamamelis Vernalis Vernal Witchhazel 10’ x 15’ Koelreuteria Pediculate Goldenraintree 25' x 25' Attractive, flws, summer Lagerstroemia sp. Crapemyrtle 8' to 40' tall Summer flowers Maclura Pomifera Osage-orange 25' x 28' No fall color, large fruit Magnolia Stellate Star Magnolia 15' x 15' Attractive white flws. March; Magnolia Kobus Kobus Magnolia 30’ x 30’ Hybrids (?Jane', ?.Ricki', 15' x 15' |10|?Susan') Magnolia x Soulangiana Saucer Magnolia 25' x 25' White/pink saucer flws Magnolia Virginia Sweetbay Magnolia 18’ x 12’ Semi-evergreen Malus sp. Crabapple 6 to 20’ tall Attractive white flws, March Morus Alba “Pendula” Weeping White Mulberry 15’ x 15’ Specimen; weeping habit Prunus Serrulata “Kwanzan” Yoshino cherry 20’ x 25’ Crown shaped like a martini Rhus aromatic Fragrant Sumac 8’ x 8’ Rhus Glabra/R. Copalina Smooth Sumac 18’ x 18’ Red Fall color; suckering habit Flameleaf Sumac Focal Trees (not to be used as a substitute for street trees) Amelanchier Arborea Downy Serviceberry 30’ x 30’ Carpinus Caroliniana American Hornbeam 30’ x 25’ Hamamelis Virginiana Common Witchhazel 20’ x 20’ Lagerstroemia Indica Crape Myrtle 30’ x 20’ Trees appropriate in urban settings as street trees. Scientific Name Common Name Landscape Remarks Size: H x W Acer Rubrum Red Maple 65 x 60' Red fall color Carpinus Betulus “Fastigiata” European Hornbeam 25’ x 15’ Yellowish fall color Carpinus Caroliniana American Hornbeam 30’ x 25’ Ginkgo Biloba (male) Gingko 70’ x 55’ Butter yellow fall color Gleditsia Triacoanthos Thornless Honeylocust 45’ x 45’ Small leaf litter Gymnocladus Dioicus (male) Kentucky Coffeetree 60’ x 60’ Liquidambar Styraciflua Sweetgum 55’ x 35’ Fruitless only Ostrya Virginiana American Hophornbeam 40’ x 25’ Pistacia Chinensis Chinese Pistache 25’ x 25’ Fall color variable Taxodium Distichum Baldcypress 60’ x 35’ Tilia Cordata “Greenspire” Littleleaf Linden 45’ x 30’ Ulmus Americana American Elm 65’ x 50’ DED resistant variety Ulmus Parvifolia Chinese/Lacebark Elm 40’ x 35’ Zelkova Serrata Zelkova 35’ x 35’ Vase Shaped Narrow or columnar trees. Scientific Name Common Name Landscape Remarks Height x width Acer Sacchuram “Reba” Belle Tower Sugar Maple 35’ x 10’ Carpinus Betulus “Fastigiata” European Hornbeam 25’ x 15’ Ginko Biloba Ginko 55’ x 15’ Liquidambar Styraciflua Sweetgum 65’ x 35’ Bears fruit Quercus Robur English Oak 50’ x 50” Quercus X Crimson Spire Oak 45’ x 15’ Taxodium Ascendens Pondcypress 45’ x 15’ Zeldova Serrata Zelkova 75’ x 55’ Shade or lawn trees. Scientific Name Common Name Landscape Remarks Height x width Acer Rubrum Red Maple 65’ x 60’ Red fall color Acer Saccharum Sugar Maple 65’ x 60’ Flame fall color Acer X Freemanii Freeman Maple 60’ x 50’ Very fast growing Gymnocladus Dioicus male Kentucky Cofftree 60’ x 60’ Liquidambar Styraciflua Sweetgum 55’ x 45’ Fruitless varieties only Liriodendron Tulipfera Tuliptree 80’ x 50’ Soft yellow fall color Magnolia Grandiflora Southern Magnolia 75’ x 65’ Metasequoia Glyptostroboides Dawn Redwood 55’ x 30’ Cooper brown fall color Nyssa Sylvatica Black Tupelo 50’ x 50’ True Red fall color Quercus Alba White Oak 75’ x 65’ Maroon fall color Quercus Michauxii Swamp Oak 70’ x 70’ Fall color not significant Quercus Coccinea Scarlet Oak 70’ x 70’ Maroon fall color Quercus Falcate S. Red Oak 75’ x 75’ Fall color not significant Quercus Imbricaria Shingle Oak 60’ x 60’ Yellow-brown fall color Quercus Muehlenbergii Chinkapin Oak 50’ x 50’ Fall color not significant Quercus Nigra Water Oak 75’ x 75’ No fall color Quercus Palustris Pin Oak 65’ x 50’ Maroon fall color Quercus Phellos Willow Oak 60’ x 40’ Muted orange fall color Quercus Rubra N. Red Oak 70’ x 70’ Maroon fall color Quercus Shumardii Shumard Oak 70’ x 70’ Orange red fall color Taxodium Distichum Bald Cypress 60’ x 35’ Cooper brown fall color Tilia Cordata Littleleaf Linden 45’ x 30’ Fragrant flowers in June Ulmus Americana American Elm 70’ x 55’ Select DED resistant variety Ulmus Parvifolia Chinese/Lacebark Elm 40’ x 30’ Zelkova Serrata Zelkova 35’ x 35’ Vase shaped Shrubs Scientific Name Common Name Size Remarks Ilex Glabra Inkberry Large Evergreen Aesculus Parviflora Bottlebrush Buckeye Large Deciduous Euonymus Americanus Strawberrybush Large Deciduous Fothergilla Major Fothergilla Large Deciduous Hydrangea Quecifolia Oakleaf Hydrangea Large Deciduous Lindera Benzoin Spicebush Large Deciduous Styrax Americana American Snowbell Large Deciduous Viburnum Dentatum Arrowwood Large Deciduous Leucothoe Axillaris Leucothoe Medium Deciduous Hydrangea Arborescens Wild Hydrangea Medium Deciduous Itea Virginica Virginia Sweetspire Medium Deciduous Forsythia x Intermedia Forsythia Med/Large Deciduous Rhododendron Catawbiense Catawba Rhododendron Medium Deciduous Rhododendron x Gable Stewartstonian Azalea Medium Deciduous “Stewartstonian” Rhododendron “Gibraltar” Gibraltar Azalea Medium Deciduous Rhododendron “Golden Oriole” Golden Oriole Azalea Medium Deciduous Kalmia Latifolia Mountain Laurels Medium Deciduous Hibiscus Syriacus Rose of Sharon Med/Large Deciduous Spiraea Japonica Goldenflame Small Deciduous Viburnum Dentatum Arrowwood Viburnum Small Deciduous Hamamelis x Intermedia Witch Hazel Large Deciduous Viburnum Prunifolium Korean Spice Viburnum Small/Medium Deciduous Aronia Melanocarpa Viking Black Chokeberry Medium Deciduous Ilex Crenata Sky Pencil Holly Medium Deciduous Ilex Verticillata Winterberry Holly Medium Deciduous Corylus Avellana Harry Lauder’s Walking Stick Deciduous Aronia Arbutifolia Red Chokeberry Medium Deciduous Amelanchier Stolonoifera Running Serviceberry Small Deciduous Calycanthus Occidentalis Spice Bush Small Deciduous Lex Vomitoria Yaupon Holly Medium/Large Evergreen Perennials Common Name Rose Sensation False Hydrangea Vine Prairie Glow Black Eyed Susan Forever Pink Phlox Josephine Clematis Vine Pillow Talk Sedum Border Music Reblooming Daylily Allium Millenium Mariachi Sombrero Helenium Allium Summer Beauty Gracillimus Miscanthus Grass All Gold Japanese Forest Grass Vera English Lavender Balmy Beebop Bee Balm Tuff Stuff Red Reblooming Hydrangea Sapphire Blue Oat Grass Black Sea Coral Bells Green Twister Echinacea Invicibelle Wee White Hydrangea Snowflake Creeping Phlox Lavance Deep Purple English Lavender Big Blue Liriope Grass Hot Lips Sage Goldfinch Shasta Daisy Pumila Dwarf Pampas Grass Arizona Apricot Gaillardia Luna Rose Hibiscus Home Fires Creeping Phlox EverColor Everillo Sedge Grass Showtime Ruffles Helleborus Little Goldstar Black Eyed Susan Junior Walker Nepeta Harvest Moon Sedum Champagne Coral Bells Giles Van Hees Veronica Let’s Dance Rave Reblooming Hydrangea Amazing Grace Creeping Phlox Pastor’s Pride English Lavender Bronze Beauty Ajuga Tiny Tuff Stuff Reblooming Hydrangea Black Mondo Grass Rainbow Marcella Echinacea Korean Feather Reed Grass Wedding Party Helleborus Mix Double Scoop Orangeberry Echinacea Mary Reed Daylily PowWow White Echinacea Blue Moon Woodland Phlox Blue Paradise Phlox Monch Frikart’s Aster Silvery Sunproof Liriope Grass Emerald Pink creeping Phlox Aureola Japanese Forest Grass Matrona Desum Mayflower Raspberry Ruffles Daylily Siloam Double Classic Daylily Stella‘d Oro Daylily Little Blue Stem Grass Dwarf fountain Grass Purple Coneflower Goldstem Blackeyed Susan Variegated Liriope Native Perennials: Common Name Butterfly Weed Dense Blazing Star Wild Bergamot Rose Mallow Swamp Coneflower Swamp Milkweed Gray Headed Coneflower Purple Coneflower Rattlesnake Master Soft Rush Carex Spp. Native Grasses: Common Name Little Bluestem Indian Grass Switch Grass Prairie Dropseed Gulf Muhly Grass Blue Lovegrass Sand Lovegrass Sec 117-??? Tree preservation removal permit Any person proposing to engage in clearing, filling, cutting, quarrying, construction, or similar activities that would result in a disturbed area of one acre or larger shall apply to the Planning Department for a tree removal permit as specified in this article. A site development plan shall be submitted to the City before removal of more than seven significant trees from a site within a twelve (12) month period without first obtaining a permit. The City official may exempt the need for the permit on a limited case-by-case basis. No land shall be cleared to the extent regulated in this article, unless approved by a permit. If more than seven significant trees are to be removed by the owner/developer he or she must submit a tree protection or replacement plan to the Planning and Zoning Department. This plan must show all significant trees on site. This list shall include size and species of the trees. The plan shall show all roads, utilities, building footprints, driveways, and areas to be disturbed. If significant trees are in the disturbed area they are to be replaced at a rate of one to five (one tree to be planted for every five trees removed). If the drip line of the significant tree is adjacent to a construction area, measures must be made to protect the tree with fencing and other protective measures. If a significant tree is removed from a nonconstruction area it must be replaced at a replacement rate of five to one. Replacement trees shall be replanted with trees that meet the following specifications: (1) Deciduous: At least two and a half inches in diameter and at least eight feet in height above natural grade; (2) Evergreen: At least ten feet in height above natural grade; and (3) Ornamental: At least two and a half inches in diameter and at least eight feet in height above natural grade. A tree is significant, if it is a tree and it is: (a) At least eighteen inches in diameter at the height of four and a half feet above natural grade; (b) Growing with multiple stems and at least one of the stems measured at a point six inches from the point where the stems digress from the main trunk is at least six inches in diameter; (c) An ornamental tree with a diameter in excess of three inches at the height eight inches above natural grade; or (d) Planted to meet the requirements of the current landscape ordinance. A tree is not significant if it is less than eighteen (18) inches in diameter at four and a half feet above natural grade, unhealthy, or dead, or those included on the following list, regardless of size: (a) Black locust (Robinia Pseqdoacacia); (b) Cottonwood (Populous Trichocarps); and (c) Bradford pear (Pyrus Calleryana "Bradford"); Groups of trees and individual trees that are not to be removed and required undisturbed buffer areas shall be protected during construction by protective fencing and shall not be used for material storage or for any other purpose. Tree protection barriers shall be a minimum of four feet high, constructed of chain link, or polyethylene laminar safety fencing or similar material, subject to approval by the Planning and Zoning Department. "Tree Protection Area" signs shall be posted visibly on all sides of the fenced areas. On large or multiple project sites, the Planning and Zoning Department may also require that signs requesting subcontractor cooperation and compliance with tree protection standards be posted at site entrances. The tree protection barrier must be placed at the outside edge of the drip line of the existing trees. Fees A fee for each tree removal permit shall be paid to the City as currently established or as hereafter adopted by resolution of the City Council. Fines Any person or persons who violates the provisions of this ordinance shall be fined a minimum of two hundred and fifty ($250) dollars per day and up to a maximum of five hundred ($500) dollars per day with each day being a separate offence.
Mover: Gene Vance Seconder: Mitch Johnson
Result: Pass
Agenda note:
Minutes note: Councilmember Gene Vance said I would like to ask Planning Director Derrel Smith one question. You have excluded single-family residential. What if somebody got 50 acres where they are going out and putting a residential development, does it come under the next section, or is it exempt … period? Mr. Smith said if it’s single-family residential, then it’s exempt. My reasoning for that was that I don’t want to be telling an individual homeowner what plants to be putting on their lot. Councilmember Vance asked what about the tree preservation part. Mr. Smith said the tree preservation gives a number of trees that can be taken down within a calendar year, and right now, we have that number set at seven. Councilmember Vance said the tree preservation covers one single family, also. Mr. Smith said yes sir.
Action: Recommended to Council
Action text: A motion was made by Councilperson Gene Vance, seconded by Councilperson Mitch Johnson, that this matter be Recommended to Council. The motion PASSED with the following vote.