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12029ORDINANCE 12,029 AN ORDINANCE ESTABLISHING STANDARDS AND SPECIFICATIONS FOR THE PLANTING OF TREES IN THE SIDEWALK AREA OF THE PUBLIC RIGHT -OF -WAY OF STREETS; PROVIDING FOR PERMITS TO BE ISSUED BY THE COMMUNITY DEVELOPMENT DEPARTMENT UPON WRITTEN APPLICATION: ADOPTING STANDARDS FOR THE CONSTRUCTION IN THE SIDEWALK AREA; PROVIDING FOR THE LOCATION OF TREE PLANTING; PROVIDING FOR APPROVAL BY THE DIRECTOR OF PARKS, AND THE DIRECTOR OF COMMUNITY DEVELOPMENT; PROVIDING A PENALTY; PROVIDING EXCEPTIONS; PROVIDING FOR RIGHT OF APPEALS; PROVIDING FOR THE VALIDITY OF THIS ORDINANCE; DECLARING AN EMERGENCY; REPEALING PARTS OF ORDINANCES IN CONFLICT AND FOR OTHER PURPOSES. Z planting of trees in sidewalk areas of the public right -of -way in City Streets for the protection and preservation of public property and safety: NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION I. IMPROVEMENTS AND PERMIT REQUIRED A. Any person, firm, or corporation, prior to planting any tree, or placing any planter box, on public street right -of -way in the City of Little Rock adjacent to property zoned for other than residential use shall first obtain a permit from the Com- munity Development Department for such planting and construction in connection with planting, which shall be under the supervision of the Community Development Department and in accordance with the specifications hereinafter provided. A separate permit is not required if it is part of the application for a building per- mit. However, all other provisions of this Ordinance shall apply. F, G GCS "6 _C1 WHEREAS, THE Board of Directors finds that: The planting of trees in sidewalk areas of the public right-of- way in City streets is to be encouraged to supplement the natural • beauty which adorns our city and to preserve for future genera - b u tions the enjoyment of a beautiful city. 4 b WHEREAS, the Board of Directors finds that it will be in W the public interest to establish and define standards for the a a) Z planting of trees in sidewalk areas of the public right -of -way in City Streets for the protection and preservation of public property and safety: NOW THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF LITTLE ROCK, ARKANSAS: SECTION I. IMPROVEMENTS AND PERMIT REQUIRED A. Any person, firm, or corporation, prior to planting any tree, or placing any planter box, on public street right -of -way in the City of Little Rock adjacent to property zoned for other than residential use shall first obtain a permit from the Com- munity Development Department for such planting and construction in connection with planting, which shall be under the supervision of the Community Development Department and in accordance with the specifications hereinafter provided. A separate permit is not required if it is part of the application for a building per- mit. However, all other provisions of this Ordinance shall apply. F, G GCS "6 _C1 B. Before a permit required by Section I, Paragraph A, of this Ordinance shall be issued, the abutting property owner or his duly authorized agent shall submit an application there- for in writing, with a plan made a part of such application, showing the location, design, and layout of the proposed and existing improvements prepared by a qualified landscape archi- tect, architect, or engineer. The plan shall show all traffic controls, parking meters, utilities, fire hydrants, driveways, building exits and storm sewers with all necessary dimensions and measurements. C. No permit of any nature shall be issued by the Commun- ity Development Department to make any initial planting or con- struction on the public property within the City of Little Rock unless and until said applicant has complied with the provisions of this Ordinance except that the Director of Parks, and Director of Community Development may, at their option, waive any of the provisions of this Ordinance. D. In those cases where the street curb and gutter or side- walk have not been constructed when application for a permit as provided in Section I, Paragraph A is made, the Director of Com- munity Development shall have the option of requiring the con- struction of such street curb and gutter and /or sidewalk accord- ing to the provisions of City Ordinances. This paragraph is in- tended to include the requirements for re- construction of street curbs and gutters and sidewalks that are in need of repair as determined by the Director of Community Development. E. The design, layout and plans for the planting of trees and required construction within the public right -of -way shall conform, and such planting and construction shall be done accord- ing to the design and layout as described herein and as approved by the Director of Parks and Director of Community Development. -2- SECTION II., TREES PERMITTED A. The list of trees and plant materials which can be planted in the public right -of -way are: Botanical Name Carpinus caroliniana Ginkgo biloba (male) I lex opaca and related clons I lex vomitoria Lagerstronemia indica Koelreuteria paniculata Acer rubrum columnare SECTION III. LAYOUT AND DESIGN Common Name American Hornbeam Ginkgo American Holly Yaupon Crapemyrtle Goldenraintree Red Maple Columnare A. Trees planted within the public right -of -way shall be balled and burlapped, a minimum of 10 -12 feet in height, and two inches in caliper (diameter of trunk), with no division of the trunk below seven (7) feet, except that Yaupon and Crapemyrtle may have multiple ascending trunks. The minimum height clear- ance of limbs shall be eight (8) feet on the property line side of the tree and if within eighteen (18) inches of the curb, fourteen (14) feet on the street side of the tree. The planting mixture used as backfill shall be as follows: 1 part sharp sand, 2 parts good loam, and 1 part peat moss. B. Sidewalk planting cuts or planter boxes shall have a minimum area of twelve (12) square feet with one horizontal di- mension no less than thirty -six (36) inches nor more than forty- eight (48) inches. Planter boxes shall be no less than thirty- six (36) inches nor more than forth (40) inches in height. The minimum distance from the back of the curb to the centerline of the tree shall be twenty -four (24) inches. The tree shall be a minimum of ten feet from a fire hydrant and four feet from any water or gas cut -off valves. The area shall be improved in the following manner: A 2x4 piece of redwood or other treated material shall be placed around the perimeter of the cut. The area within the cut shall be paved with concrete. This concrete may have an exposed aggregate finish and shall be no thicker than two inches (2 "). Four watering boxes with removable covers shall be installed, one at each corner in the con- crete slab. -3- I C. Trees in the ground shall be a minimum of forty (40) feet apart. Planter boxes shall be a minimum of thirty (30) feet apart. D. There shall be a minimum unobstructed sidewalk of at least six feet (6) of fifty per cent (50 %) of the total distance from the right -of -way line to the back of the curb, whichever is greater. This unobstructed sidewalk is the area from the property line to the edge of the cut or planter box. E. In the event the design layout and plan contemplate the planting of trees above ground in planter boxes said planter boxes shall be located in the street right -of -way as prescribed herein and shall contain plant materials of the kind, and meet- ing the requirements of dimensions set forth herein and said planter boxes shall be constructed of reinforced concrete or fiberglas. Section I D shall not apply in the cases of above- ground planters. The following plant materials may be planted as a ground cover in these planter boxes: Evonymus- radicans (asst'd types) Liriope ( asst'd types) F. Fiberglas planter boxes shall meet the following speci- fications: Each box shall be constructed of molded seamless con- struction utilizing chopped fiberglas reinforcing (random) thor- oughly impregnated with isophthalic termosetting resin. The unite shall be surfaced on one side with a solid plastic homo- geneous coating of uniform color and texture. The exterior side shall be surfaced with an exposed aggregate finish. Interior shall be surfaced with a protective coating. Physical properties shall conform to standards recommended by the Society of Plastic Industry. The Director of Community Development shall designate the exterior color of each planter box. SECTION IV. MISCELLANEOUS PROVISIONS A. When all work is completed, the contractor or other -4- person in charge of such work shall remove all rubbish, waste and excess material and have the street right -of -way area in a neat, clean - appearing condition. B. Ten sets of plans and specifications must be submit- ted, prepared by a qualified landscape architect, architect or engineer with each application. C. The Community Development Department will submit to all public utilities a copy of the plan for each application at the time the application is filed for their comments. D. No tree planting shall be permitted that will conflict with traffic control devices or parking meters in accordance with the Traffic Ordinance of the City. E. All work under this Ordinance involving curbs, gutters, and sidewalks shall be done in accordance with the City of Little Rock Standard Plans and Specifications for the construction of street curbs, gutters, and sidewalks approved and adopted by the Board of Directors. F. There shall be no conflict with fire protection require- meets, and no trees shall be planted in front of required knock- out panels, exits, etc. SECTION V. AUTHORITY A. The Community Development Department shall be authorized to suspend work on any job for any period whenever such suspension is deemed necessary to insure good work in the public interest, but no such suspension shall extend longer than one week or until the provisions of this Ordinance are complied with. B. The Community Development Department shall be authorized to give all notices and instructions with reference to the work by the contractor or his agent, or to any person in charge of the work on the ground. C. The decision of the Community Development Department in reference to all of the materials, whether free or incorporated -5- in the work, shall be fully binding on all parties at interest. SECTION VI. RESPONSIBILITY OF THE CONTRACTOR - OWNER OR OCCUPANT A. Any contractor or other person in charge of work within the scope of this Ordinance shall familiarize himself with all provisions of the Ordinance covering such work. B. Whenever, during the excavation for any construction under provisions of this Ordinance, the contractor or party doing such work discovers a city monument, survey mark, or public util- ity and use all possible caution to protect such monument, survey mark, or public utility and shall be fully responsible for re- pair or restoration if damaged or disturbed. C. Contractors shall begin work, in all cases, within one hundred and twenty days (120) after the permit for such work is issued, and shall execute the same continuously until the work is completed unless unavoidably delayed by weather conditions or other causes not within the control of the contractor. Said permit is subject to renewal with the approval of the Department of Community Development. Said permit shall continue for the period of the building permit if a part of an overall construc- tion project. D. At all times and periods, during which any work under this Ordinance is being performed, and until such work is com- pleted, accepted, and approved by the Community Development De- partment, the contractor shall place and maintain all necessary and proper barriers and other safeguards, including watchmen if necessary, upon and around the work for the prevention of acci- dent, and at night he shall place, maintain and keep suitable and sufficient lights to warn off the obstructions and hazards, and an unobstructed passageway free of mud and debris shall be provided for pedestrians around the area with a minimum width of four feet. If the passageway is located in the street proper, it shall be constructed a minimum of four inches above the pave- ment. The person doing such work under said permit shall and will indemnify and save harmless the City of Little Rock from and against all actions and claims and against all costs, dam- ages, and expense to which the City may be put by reason of any injury or alleged injury to any person or property resulting or alleged to result from, or to be occasioned by any act, ne- gligence, carelessness or want of skill in connection with or in the conduct of any said work, or in guarding same, or from any improper methods, tools, implements or materials used in its execution, or by or on account of any alleged act or omission whatever of the contractor or his agents, employees, or servants; and the contractor, person, firm or corporation doing said work under the permit as herein provided for shall well and truly make payment of any and all sums so recovered against the City of Little Rock in any suit or suits on account of such alleged injuries to which the City may be made a party, together with all such costs, damages, and expenses as may be suffered of the City of Little Rock in any suit or suits on account of such al- leged injuries to which the City may be made a party, together with all such costs, damages, and expenses as may be suffered of the City of Little Rock, all in such manner as to save the City whole and harmless from all such actions or claims. The owner and /or occupant, upon written notice by any City agency or Public Utility, shall remove or relocate or cause to be removed or re- located any planters above ground within 48 hours of such notice for the maintenance of existing facilities or construction of new facilities. In the case of an emergency as deemed by the City agency or Public Utility, the planters shall be removed im- mediately by whatever means available. No City Agency nor Public Utility will be liable for any damage of any plantings located -7- G �/ within the street right -of -way nor cost of moving planters. SECTION VII. PENALTY Any person, firm, or corporation violating any of the pro- visions of this Ordinance shall, upon conviction, be fined in any sum not exceeding fifteen dollars ($15.00), and each day a violation continues shall constitute and be a separate offense. SECTION VIII. MAINTENANCE RESPONSIBILITY The abutting property owner or his duly authorized agent of the proposed improvement shall be responsible for maintenance and have the responsibility for replacing trees and planters. The property owner is wholly responsible for the cleaning, trimming, removal and replacement of the improvements permitted. If the abutting owner of the improvement shall neglect or refuse to re- move, abate or eliminate any such condition or conditions as are provided for in this Ordinance, after having been given ten (10) days notice in writing to do so, the Department of Community Development is authorized to do whatever is necessary to correct said conditions and to charge the cost thereof to the owner or owners of said abutting lots, and the City shall have a lien against such property for said cost. SECTION IX. VALIDITY OF THIS ORDINANCE In the event any section, paragraph, sentence, clause, or phrase of this Ordinance be declared unconstitutional or invalid for any reason, the remainder of said Ordinance shall not be af- fected thereby; and it is intended that every other section, pare- graph, sentence, clause, and phrase of this Ordinance shall remain and be in full force and effect. SECTION X. EXCEPTIONS A. The provisions of this Ordinance shall not apply to the construction of any public works by or at the instance of the City of Little Rock on any public property. But it shall be the policy ME of the City of Little Rock to construct all public works consis- tent with the provisions of this Ordinance except in those cases where the Board of Directors should find it necessary in the pub- lic interest to vary therefrom. B. The provisions of this Ordinance shall apply only to the street area abutting the lot or lots on which the improve- ments or set of improvements comprising the component unit or units of a business with and including all appurtenant struc- tures and areas used in connection therewith, and as a part thereof are located, and, in those cases, where an application for a permit is made for improvements on land, or addition or alteration to improvements already situated on land not sub- divided or platted into the desired ultimate divisible units or lots thereof, then the applicant shall show on the plan sub- mitted with the application hereinabove required, the proposed boundaries of the individual tract of land on which such improve- ments with all appurtenant structures and areas comprise the whole of the business, and such tract as shown on the plan shall constitute the "abutting property" within the meaning and scope of this Ordinance; provided that this exception shall never be construed as permitting the erection of buildings prohibited by other Ordinances as amended or of authorizing permits for im- provements or construction not heretofore authorized by Ordinance of the City of Little Rock. C. The provisions of Section 1 of this Ordinance shall not apply to any public property hereinafter included in a master street tree - planting plan hereinafter adopted by the City Board, provided that any person, firm or corporation desiring to amend said master street tree - planting plan may do so by complying with this Ordinance. j`j ✓J { SECTION XI. RIGHT OF APPEAL A. Any interested person aggrieved by a decision of any administration official of the City in administering the provi- sions of this Ordinance shall have the right of appeal to the Board of Directors. SECTION XII. EMERGENCY CLAUSE A. It has been determined that there is an immediate need for comprehensive standards and specifications for the planting of trees and connected construction within the sidewalks of the public right -of -way on City Streets, and that the enactment of this Ordinance will accomplish this purpose; now, therefore, an emergency is hereby declared to exist and this Ordinance being necessary for the preservation of public peace, health and safety shall take effect and be in force from and after its passage and approval. SECTION XIII. REPEALING PARTS OF ORDINANCES IN CONFLICT Parts of other Ordinances in conflict herewith are hereby repealed. PASSED: February 19, 1968 ATTEST�� %1 • 1-j APPROVED: APPROVED City Clerk a -10-