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12639- a z ORDINANCE NO. 12,369 AN ORDINANCE ESTABLISHING STANDARDS FOR TREE REMOVAL IN THE CITY RIGHT -OF -WAY AND UPON CITY PROPER•1Y; AND FOR OTHER PURPOSES,' WHEREAS, the preservation of trees is necessary to conserving the natural beauty which adorns this City; and is essential to our citizens' environment�, and Whereas, trees located in public rights of ways and properties constitute a valuable public resource which should be preserved and maintained for the benefit of the public, and WHEREAS, in furtherance of this objective, this Board of Directors finds that existing trees located on public property, should be preserved wherever possible in order to further insure the future natural beauty of the City; and WHEREAS, the indiscriminate destroying of such trees should be discouraged; NOW, THEREFORE, BE IT ORDAINED BY THE CITY BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION 1. Any person, firm or corporation, prior to cutting down or de- stroying any tree more than six (6) inches in caliper and more than twenty (20) feet tall located on public right -of -way or other City owned property in the City of Little Rock, Arkansas, shall first obtain a permit from the Department of Com- munity Development for the cutting and destroying of such tree. Such permit may be applied for in conjunction with the application for a building or demolition permit, provided that this section shall not be applicable to properties used for City Parks. SECTION 2, No permit for the cutting down and removal of trees shall be granted, unless the Department of Community Development finds that one of the fol- lowing conditions exists in regard to such trees: a. That the tree is less than six (6) inches in caliper and less than twenty (20) feet tall. b. That the tree is diseased or injured and is accordingly unlikely to live for a much longer period of time. c. That the tree is within the area of a proposed structure to be con- structed upon the lands, or so close to same as to render it dangerous to the structure, or unlikely to survive. d. That the tree is not one of the following species, which this Board of Directors finds should be preserved if at all possible; • i y -2- BOTANICAL NAME COMMON NAME Ginkgo biloba Ginko Liriodendron - tulipifera Tulip Poplar Quercus - related species Oaks Magnolia grandiflora Magnolia Koelreuteria paniculata Golden Rain Tree Liquidamber stryaciflua Sweet Gum Acer- related species Maple Carya ovata Hickory Ilex Opaca & related clons American Holly Plantanus occidentalis American Sycamore Celtis occidentalis Northern Hackberry Fraxinus americana Ash Ulmus americana American Elm e. That the tree must be removed to protect existing or proposed public facilities. SECTION 3. No permit to cut down a flowering tree, hereinafter described, regardless of size shall be granted unless the Department of Community Development finds that facts exist as described in Section 2 (b), 2 (c), or 2 (e). Flowering trees most commonly found in this City include: BOTANICAL NAME COMMON NAME Cercis canadensis Cornus florida Cornus florida rubra Malva hopa Magnolia soulangeana nigra Red Bud Dogwood Pink Dogwood Flowering Crab Japanese Magnolia Lagerstronemia indica Crapemyrtle Prunus kwazan Flowering Cherry Prunus newport Purple Leaf Plum SECTION 4. No tree growing near a sidewalk shall be cut down or removed solely because of the interference it causes or may cause with sidewalk unless the Department of Community Development finds that the sidewalk can not reasonably be constructed without removal of the tree; it is the intent of this section that sidewalks be reconstructed around trees and that trees not be removed solely to facilitate construction of sidewalks. SECTION 5. Any tree removed from the areas described in Section 1 for ImD any reason shall be replaced with a tree meeting the specifications of Little Rock Ordinance No. 12,029 during the next planting season and not later than the 30th day of November after the tree is removed. SECTION 6. Any person, firm, or corporation violating any of the pro- visions of this Ordinance shall, upon conviction, be fined in a sum not exceeding one hundred dollars ($100), and each day a violation continues shall constitute and be a separate offense. SECTION 7. The provisions of this Ordinance are severable. Any person, firm, or corporation aggrieved by any section of this Ordinance may appeal in the time and manner prescribed for appeals from issuance of a Building Permit. SECTION 8. This Ordinance in no way applies to the maintenance of over- head or underground utility lines, nor does it apply to the development of sub- divisions, in the construction of streets, curbs, gutters, storm sewers and over- head or underground utility lines, although it is expected that these persons use proper care and planning in order that all trees possible can be conserved. SECTION 9. This Ordinance shall be in full force and effect from and after its passage. PASSED: July 20, 1970 ATTEST: �� izz-& City Clerk APPROVED: Mayor `i s