20804 1 ORDINANCE NO. 20,804
2
3 AN ORDINANCE TO AMEND SECTION 15-37(C) AND (D) OF
4 CHAPTER 15 OF THE LITTLE ROCK CODE OF ORDINANCES
s ENTITLED "LANDSCAPING AND TREE PROTECTION"; AND FOR
6 OTHER PURPOSES.
7
8 WHEREAS, Chapter 15 of the Code of Ordinances of the City of Little Rock entitled "Landscaping
9 and Tree Protection"was last amended on February 7, 2012; and,
10 WHEREAS, the Board of Directors of the City of Little Rock, Arkansas, has recognized that from
11 time to time variances from the tree requirements of this chapter will be granted by the City Beautiful
12 Commission to the responsible party; and,
13 WHEREAS, in an effort to afford the citizens of the City the benefits they would have received from
14 the trees required by this chapter but were lost through development of the site, the City enacted Section
15 15-37 to establish a fund to be used for the replenishment of trees in the City entitled the "Tree
16 Restoration for Environmental Enhancement" (T.R.E.E.) Fund; and,
17 WHEREAS, the T.R.E.E. Fund shall consist of cash contributions required of the responsible party
18 in-lieu of tree improvements where the City Official determines in a specific written finding that the
19 required minimum number of trees to be planted pursuant to this chapter is not obtainable without undue
20 hardship on the responsible party or where a variance from the requirements of this chapter has been
21 granted by the City Beautiful Commission which reduces the number of trees that will be planted or
22 preserved from the minimum number of trees required by this chapter; and,
23 WHEREAS, it has been determined that Section 15-37(c) regarding the T.R.E.E. Fund should be
24 further amended to require the responsible party to contribute to the City a cash payment equal to 100%
25 of the largest of three (3) estimates prepared by a registered professional landscape architect or certified
26 arborist of the cost of the trees, including installation, required by this chapter that will not be planted
27 under the provisions of subsection(b)of the chapter; and,
28 WHEREAS, it has also been determined that Section 15-37(d) should be amended to delete the
29 limitation on the per tree in-lieu cash payment amount and to provide that any in-lieu cash contribution
30 required shall be limited to a maximum of ten (10) trees per site, unless otherwise recommended by the
31 City Beautiful Commission and approved by the Board of Directors; and,
32 WHEREAS, at its September 5, 2013, meeting, the City Beautiful Commission voted to recommend
33 approval of these proposed amendments;
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NOW, THEREFORE,BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
2 OF LITTLE ROCK,ARKANSAS:
3 Section 1. Little Rock,Ark., Rev. Code § 15-37(c)(1988) is hereby amended to read as follows:
4 (c) The responsible party shall contribute to the City a cash payment equal to 100% of
5 the largest of the three (3) estimates prepared by a registered professional landscape
6 architect or certified arborist of the cost of the trees required by this chapter that will not
7 be planted under the provisions of subsection(b) above. Such estimates shall also include
8 the cost of installation of the trees.
9 Section 2. Little Rock, Ark., Rev. Code § 15-37(d)(1988) is hereby amended to read as follows:
10 (d) The City Official shall determine annually the required per tree in-lieu cash payment
amount. Any in-lieu cash contribution required shall be limited to a maximum of ten
12 (10) trees per site, unless otherwise recommended by the City Beautiful Commission
13 and approved by the Board of Directors.
14 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
15 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
16 adjudication shall not affect the remaining portions of this ordinance, which shall remain in full force and
17 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this
18 ordinance.
19 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, including Little Rock,
20 Ark., Ordinance No. 20,533 (February 7, 2012), that are inconsistent with the provisions of this
21 ordinance, are hereby repealed to the extent of such inconsistency.
22 PASSED: October 15,2013
23 ATTEST: APPROVED:
24
25 drIli■.
26 liir41.11\ ley,City Clerk Mark Stodola,M4or
27 A' 'RO D • . TO LEGAL FORM:
28
29 •r'r /A d J.' ' 2
30 Thomas M. Carpen a-,City A rn•
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