HomeMy WebLinkAbout18362i •
1 ORDINANCE NO. 18,362
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3 AN ORDINANCE AMENDING CHAPTER 15 OF LITTLE ROCK,
4 ARK. REV. CODE (1988) PROVIDING FOR A T.R.E.E. FUND
5 CONSISTING OF CASH CONTRIBUTIONS IN-LIEU OF TREE
6 IMPROVEMENTS REQUIRED UNDER CHAPTER 15; TO BE
7 USED BY THE CITY FOR THE PLANTING OF TREES LOST
8 THROUGH DEVELOPMENT OF PROPERTY; PROVIDING FOR
9 THE RETURN OF THE FUNDS IF A TREE PLANTING PLAN IS
10 NOT ADOPTED BY THE CITY; AND FOR OTHER PURPOSES.
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12 WHEREAS, Little Rock is blessed with a diversity and abundance of trees. Trees
13 are of economic and aesthetic value to the City and make it a desirable place for both
14 residents and visitors; preservation of trees is part of our heritage and a legacy to future
15 generations, and
16 WHEREAS, the appearance of Little Rock can contribute to the economic
17 prosperity of the City, and
18 WHEREAS, trees help to naturally control flooding and erosion by reducing run -
19 off, binding soil and minimizing flood damage to land structures, and
20 WHEREAS, the growth and development attracted to the City of Little Rock
21 often necessitates the removal of trees and soils, thereby contributing to their depletion,
22 and
23 WHEREAS, it is necessary to restore these valuable assets and their habitat when
24 lost through development in order to protect the health, safety, and welfare of citizens
25 in Little Rock, and
26 WHEREAS, the Board of Directors finds that in order to encourage the proper
27 protection and maintenance of new and existing healthy and quality trees, shrubs and
28 soils on all public and some private lands it is necessary to require developers to
29 contribute to a fund established by the City to pay for the restoration of trees lost
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through development and natural disasters to
and increase the value of
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commercial and residential properties within the City
while maintaining and enhancing
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a.positive image for the attraction of.new business
enterprises'to the City, and
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NOW, THEREFORE, BE IT ORD
D BY THE: BOARD OF
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DIRECTORS OF THE CITY OF LITTLE! RO
K:
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Section 1. ' Article 4 II of Chapter ; 15
of ''LRC entitled "City ,Beautiful
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Commission" . is amended ,bradding a new sectioi
i as follows:
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Sec.'i15 -37. MR- E.E:fund.
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,(a) I1=. The Board of Directors!of th
City, of Little Rock recognizes that
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from time to time. variances from the tree require
ents of this chapter will be granted
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by the City Beautiful Commission to the respons
le party. In an effort to afford the
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citizens ofthe City the benefits they would have re
eived from the trees required by this
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chapter but were i lost through development of U
ie !site, the City enacts this section
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establishing a fund to be use&for the replenishment
of trees in the city, entitled the "Tree
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Restoration; for Environmental Enhancement" (T
RE.E.) fund.
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(b) „The T.R.E.E. fund shall consist of
rash contributions required of the
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responsible party in -lieu of tree improvements un
er the following circumstances:
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1. The city official determines '
a`specific written finding that the
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required minimum number ol
trees to be planted pursuant to this
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ordinance is not obtainable
without undue hardship on the
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responsible party; or
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2. A variance from the re u*
ments of this ordinance' has been
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granted; by the City Beautif il Beau '
Commission which reduces the
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number of trees that will be pla
nted or preserved from the minimum
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number of trees required by tl ds
ordinance.
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(c) The responsible party shall contnbute tc
the city, a cash payment equal to one
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hundred percent (100 %) of an estimate prepared b
a'registered professional landscape
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architect or arborist, of the cost of the trees Tequii
ed by this ordinance that will not be
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planted under the provisions of subsection, (b) abo
ire. Such estimate shall also include
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the cost of installation of the trees. ?
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(d) The city official shall determine:annu
ythe required per tree in -lieu cash
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payment amount. Such amount shall not exceed.
'$200.00 per tree with annual CPI ;
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inflation adjustments commencing in 2001. Any in
lieu cash contribution required shall
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be limited,to a maximum of ten; (10) trees per site.
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(e) When in -lieu contnbutions are requ'
ed to be made, a responsible party's
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Landscape Plan shall not be approved until:'
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1. The tree requirements pursuant
to this ordinance are waived or
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granted variance pursuant to subsection
(b), above; and
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2. A copy of the receipt for the
equired cash contribution, has been
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received by the city official.
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(f) The City, Finance Department shall
responsible for receiving, recording,
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depositing, reporting and reimbursing in -lieu cast
contributions as determined by the
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city official. A receipt evidencing cash contributior
s made shall be provided to both the
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responsible party and to the city official.
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(g) " The ;Finance Department shall mairitain
a T.R.E.E account and shall
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maintain records of all in -lieu cash contributio
is. The Finance Department 'shall
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produce an annual report summarizing the tree improvement
account and provide same
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to the city official and the City BeauffiA Commiss'
on. This report shall include both the
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principal and the interest earned for the accounting
period, and the annual tree plantings
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by section of the city.
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(h) In -lieu contribution' funds shall be d
dicated to planting and maintaining
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trees on public property and rights -of -way withi
the area of the site where the trees
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were removed, as defined by section map, or such
ther areas of the City that the Board
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of Directors shall authorize in a tree planting pl
as described herein.
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(i) Tree Planting Man. All in -lieu fees c
llected after the effective date of this
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ordinance shall be placed into a' fund to be used
s follows:
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1 1. Tempos T.R.E.E. Fund. Until a Tree Planting Plan is adopted
2 by the Board of Directors, the temporary fund shall be used for
3 planting trees in city parks, rights -of -way and other facilities or areas
4 of the city that the Board deems necessary due to a lack of foliage
5 or which has been denuded of foliage by natural causes such as
6 tornadoes or other storms;
7 2. T.R.E.E. Fund. Within twelve (12) months after appropriate staff
8 professionals are hired by the city to administer the plan, or by December
9 31, 2001, whichever is sooner, the Board shall adopt a permanent Tree
10 Planting Plan for the City.
11 3. If the City fails to adopt a permanent Tree Planting Plan, any funds
12 collected under the temporary plan shall be used for the purposes stated
13 herein for four (4) years or until such funds are exhausted, whichever first
14 occurs. Any funds remaining shall be returned pro -rata to those who
15 contributed to the temporary Tree Planting Plan.
16 4. If the City adopts a permanent Tree Planting Plan within the time
17 specified, any fees remaining in the temporary fund and all fees collected
18 in -lieu after the effective date of the permanent Tree Planting Plan shall be
19 placed in a permanent fund earmarked for the purposes stated herein.
20 (j) If the Board has not adopted a Tree Planting Plan within the period specified
21 above, the City shall cease the collection of the in -lieu fees. After the adoption of a
22 permanent Tree Planting Plan, in -lieu cash contributions shall be reimbursed with
23 interest, as determined by the Finance Department, if not expended within four (4) years
24 from the date of the completion of development under the Landscape Plan. Those
25 contributions placed in -lieu as a requirement of this ordinance shall be released to the
26 responsible party after review and comment by the City Beautiful Commission.
27 Section 2. Repealer. All laws, ordinances and regulations and parts thereof in
28 conflict with this ordinance are hereby repealed to the extent of such inconsistency.
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1 Section 3. Severability. In the event any portion of this ordinance is declared
2 or adjudged to be invalid or unconstitutional, such declaration or adjudication shall not
3 affect the remaining portions of the ordinance, which shall remain in full force and effect
4 as if the portion so declared or adjudged invalid or unconstitutional was not originally
5 a part of this ordinance.
6 PASSED: September 26, 2000
7 AI TEST: APPROVED:
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10 Nancy, ood, ity Clerk tPailey, Mayor
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12 APPROVED AS TO LEGAL FORM:
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15 Thomas M. Carpenter, C * Attorney
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