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-