HomeMy WebLinkAbout201811
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
2009078414 Received: 1112312009 10:14 :40 AM
Recorded: 1112312009 10 :22:26 AN1 Filed &
Recorded in Official Records of PAT O'BRIEN,
PULASKI COUNTY CIRCUITICOUNT'1' CLERK
ORDINANCE NO. 20,181 Fees $150.00
AN ORDINANCE TO AMEND VARIOUS PROVISIONS OF CHAPTER 15 OF
THE LITTLE ROCK CODE OF ORDINANCES ENTITLED "LANDSCAPING
AND TREE PROTECTION "; AND FOR OTHER PURPOSES.
WHEREAS, Chapter 15 of the Code of Ordinances of the City of Little Rock entitled "Landscaping
and Tree Protection" was last amended in 2000; and
WHEREAS, it has been determined that a review of the Chapter was desirable; and
WHEREAS, it has been determined that it is appropriate to amend various sections of Chapter 15 to
better carry out the Chapter's purpose and intent; and
WHEREAS, at its June 4, 2009, meeting, the Little Rock City Beautiful Commission voted to
recommend approval of the proposed amendments.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY
OF LITTLE ROCK, ARKANSAS:
Section 1. Little Rock, Ark., Rev. Code § 15 -1 to § 15 -105 (1988) is hereby ameg4dd40,T ad as
C! .
follows:
ARTICLE I. IN GENERAL : •,� . ,;�
Sec. 15 -1. Short title. . v
This chapter may be cited as the "Landscape Ordinance."
Sec. 15 -2. Compliance with other ordinances. '�Ji�,�00UMTY,
�f11Ntut10W,
This chapter is supplemental to all other ordinances. In the case of conflicting requirements, however, the
most restrictive shall apply. The provisions of this chapter are intended to be harmonious, compatible and
supportive of those included in the zoning, stormwater management and applicable land development
ordinances. The landscaping requirements of this chapter shall overlay rather than add to landscaping
specified by related ordinances. Detailed landscaping requirements are provided in this chapter to further
the purpose and intent of this and related ordinances.
Sec. 15 -3. Purpose and intent.
The purposes of this chapter are to:
(1) Heighten the quality of life and contribute to an environment which serves to encourage economic
and cultural development.
(2) Encourage the creative integration of man -made and natural environments, combining in a balanced
design such features as existing topography, grading, hydrology, structures, pedestrian and vehicular use
areas, vegetation and views.
[PAGE 1 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
1 (3) Screen automobiles and vehicular use areas, dumpsters, buffer conflicting land uses, and enhance the
2 appearance of the public right -of -way.
3 (4) Break up the visual continuity and mass of parking lots into more attractive sub -areas and provide
4 channelization for internal traffic circulation.
5 (5) Conserve energy by providing protective barriers from wind and other natural elements which would
6 otherwise increase heating and cooling cost, provide shade and preserve large trees.
7 (6) Provide for opaque screening and barriers as needed.
8 (7) Encourage the proper protection and maintenance of new and existing healthy and quality trees and
9 shrubs.(8) Encourage green /sustainable practices as a purpose to aspire towards for all applicable
0 landscape projects.
II Sec. 15 -4. Scope.
12 (a) The provisions of this chapter shall be applicable to all properties in the City of Little Rock except:
13 (1) Those districts zoned agriculture and forestry (AF) and mining (M);
14 (2) Properties of two (2) acres or less zoned RI, R2, R3, R4 and R7A; and
I5 (3) Those areas of the city of Little Rock designated "mature" by the department of planning and
16 development and approved by the planning commission and the city beautiful commission. The city
17 official may grant not more than a twenty -five (25) percent reduction of these provisions for
18 developments within mature areas. A map of mature areas is available at the department of planning and
19 development;
20 (4) Wireless communications facilities which have separate landscape requirements under chapter 36 of
21 this Code.
22 (b) This chapter also applies to new and expanded developments and vehicular use areas which are
23 located in a zone or use of higher density than two- family and when the existing landscaping is
24 nonconforming. Additionally, it applies to the rehabilitation of an existing structure exceeding fifty (50)
25 percent of its current cost and to the expansion of an existing structure exceeding ten (10) percent of its
26 current floor area when the existing landscaping is nonconforming and the structure is in a zone or use of
27 higher density than two - family. Based on this scope, this chapter shall apply:
28 (1) To all future vehicular use areas as they are developed.
29 (2) To any expansion or addition to existing vehicular use areas or changes in the land use intensity of
30 vehicular use areas when such expansions or changes are considered by a public body.
31 (c) The city may establish site guidelines which may be referred to in order to clarify these regulations.
32 Sec. 15 -5. Exemptions.
33 This article shall not apply to the maintenance of overhead or underground utility lines, nor does it apply
34 to the development of subdivisions in the construction of streets, curbs, gutters, storm sewers and
[PAGE 2 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
overhead or underground utility lines. It is expected that proper care and planning is used in the
2 construction so that the maximum number of trees can be preserved.
3 Sec. 15 -6. Definitions.
4 For the purpose of this chapter, certain words or terms applicable hereto are defined as hereinafter
5 provided. Words and terms used in this chapter but not defined in this chapter shall have the meanings
6 ascribed elsewhere in this Code. Words used in the present tense shall include the future, words used in
7 the singular number shall include the plural number and words used in the plural shall include the
8 singular. Rules of construction of terms are designated in chapter I of this Code.
9 Automatic irrigation means the watering of land or plant material by artificial means to foster plant
10 growth by the use of underground pipes, valves, sprayheads, and /or drip lines. Automatic irrigation shall
I I be in compliance with all state and city standards and must include an RPZ, a backflow preventor, and an
12 automatic controller.
13 Buffer, hillside means a strip of land which separates large cuts or fills from abutting properties, public
14 right -of -way or from other large cuts or fills on a site. Its purpose is to facilitate effective drainage and
15 erosion control and to encourage preservation of large trees of a site and reduce public view of cuts and
16 fills.
17 Buffer, land use means a strip of land lying parallel and adjacent to a property line common to a
8 dissimilar use of a more restrictive nature. This strip shall lie parallel to the property line at any point. The
19 purpose of this buffer is to provide for visual and physical separation of uses of a dissimilar nature.
20 Buffer, street means a strip of land lying parallel and adjacent to a public street right -of -way. This strip
21 shall lie parallel to the street right -of -way line at any point. The purpose of this buffer is to provide for a
22 separation of traffic movements, both on and off the site, and provide for a visual and spatial separation of
23 certain uses and /or activities from the public right -of -way.
24 Building landscape area means the on -site landscape area which separates parking from the building.
25 The principle purpose of this area is to improve the appearance of the building from the street and
26 vehicular use area.
27 Caliper means the diameter of a tree as measured twelve (12) inches above ground level for nursery
28 stock trees and at breast height (4 1/2 feet) for preserved trees.
29 Canopy means the outermost spreading branch layer of a tree.
30 City official means the employee of the city who is designated by the city manager as having
31 responsibility for the administration and enforcement of this chapter.
32 Critical root zone means the area of undisturbed natural soil around a tree defined by a concentric circle
33 with a radius equal to the distance from the trunk to the outermost portion of the dripline.
[PAGE 3 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
Damaged tree means a tree that has been damaged or diseased greater than fifty (50) percent. An
2 inspection and approval by the City official is required prior to removal and replacement of a damaged
3 tree.
4 Deciduous means the tendency of a plant to drop or lose its leaves during a particular season of the year,
5 generally during the winter months.
6 Design professional means a landscape architect, an architect, an engineer, a horticultural ist or a certified
7 nurseryman.
8 Diameter at breast height (DBH) means the diameter of a tree measured four and one -half (4 1/2) feet
9 above ground level.
0 Dripline means a vertical line extending from the canopy of a tree to the ground.
Driveway access means an area intended to provide entrance, exit or maneuvering for vehicular traffic
12 from a public right -of -way to an off - street vehicular use.
13 Earth berm means a mounding of soil volume in order to create a screen or change in elevation between
14 the use area and adjacent areas. The berm shall be constructed to minimize erosion and should normally
15 be completely covered with ground cover or lawn grass.
16 Evergreen means the tendency of a plant to retain its leaves during all seasons of the year.
17 Ground cover means planting materials which reach a maximum height of not more than eighteen (18)
18 inches in height and may be used in lieu of grass. Ground cover shall present a reasonably complete cover
19 appearance within two (2) years of planting.
20 Hydroseeding means a planting process which utilizes a slurry of seed and mulch. The slurry is
21 transported in a tank, either truck or trailer mounted and sprayed over prepared ground in a uniform layer,
22 helicopters may be used in cases where larger areas must be covered. Hydroseeding is an alternative to
23 the traditional process of broadcasting or sowing dry seed. Hydroseeding promotes quick germination
24 and inhibits soil erosion.
25 Interior landscape area means any landscape area within the perimeter of the vehicular use area
26 excluding the building landscape area. Its primary purpose is to break up the mass of the vehicular use
27 area and to channelize traffic circulation on the site.
28 Irrigation means an adequate supply of water which can be made available to landscape plant materials.
29 Land alteration is defined in chapter 29 of this Code.
3o Landscape area means that area within the boundaries of a lot or tract of land which consists of planting
31 materials including but not limited to trees, shrubs, ground covers, grass, flowers, and native plant
32 materials; also including but not limited to inorganic features such as concrete planters, stone, brick, and
33 aggregate forms, water, and other landscape elements. Inorganic elements shall not predominate over the
34 use of organic plant material. Artificial plants are not considered landscape materials.
[PAGE 4 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
Landscape and Tree Protection Plan means a document approved by the city containing the landscaping,
2 tree protection, buffers and other site requirements of a particular development project. This document
3 may be referred to as the "landscape plan."
4 Lawn grass means all species normally grown as permanent lawns in Pulaski County. Grass sod shall be
5 required in all required planting beds and planting strips where bark or other approved ground cover is not
6 proposed. Grass sod shall be reasonably free of weeds and noxious pests or disease.
7 Massing, shrubs, means three (3) or more shrubs planted within close proximity.
8 Massing, trees, means existing contiguous tree groupings with the associated undergrowth.
9 Nursery stock means all plants, trees, shrubs, vines, cuttings and grafts, scions and buds grown or kept
10 for, or capable of, propagation, distribution or sale; provided, that vegetable, grass and other soft -wood
herbaceous plants shall not be considered nursery stock except when grown by a producer of hardwood
12 plants. At that point, it becomes nursery stock and subject to fees based on, acreage and other
13 requirements that govern the sale of nursery stock.
4 Off - street parking space means a space on private land accessible from a usable street or alley, not less
15 than nine (9) feet wide and twenty (20) feet long, with the necessary maneuvering room within the private
16 property.
17 Perimeter landscape strip means a landscaped area which separates the vehicular use area from adjoining
18 property or public right -of -way. Its purpose is to enhance the visual appearance of the site and to provide
19 screening of the vehicular use area and certain other uses and activities from the public right -of -way and
20 abutting properties.
21 Preserved tree means a tree selected for preservation by the responsible party and approved by the city.
22 A tree is considered preserved if a minimum of seventy -five (75) percent of the critical root zone is
23 maintained at undisturbed natural grade and not more than twenty -five (25) percent of the canopy is
24 removed.
25 Property line means the legal boundary between two (2) lots or parcels of land. Property line shall also
26 include property lease lines which separate independent uses or activities except (1) when abutting
27 common driveways or (2) when abutting areas designed for interior circulation.
28 Protective fencing means colored fencing of vinyl or wire construction not less than four (4) feet in
29 height.
30 Remove or removal means the taking from the property or causing damage to trees with DBH of six (6)
31 inches or greater. This term shall not include responsible pruning of trees.
32 Replacement trees means trees that are planted to replace trees that have been severely damaged or have
33 died or have been otherwise removed. Fifty (50) percent of replacement trees shall be a minimum of
[PAGE 5 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
three (3) inches in caliper at planting and the balance shall be four (4) inches in caliper or greater at
2 planting.
3 Required tree means a tree other than a preserved tree which is included in a landscape plan.
4 Responsible party means the following:
5 (1) The permit applicant who is the designated agent for development related activities for purposes of
6 obtaining all required permits. The permit applicant relinquishes responsibility to the construction
7 superintendent when all necessary permits have been issued by the city; or
8 (2) The construction superintendent who is that person designated as the on -site agent for the project and
9 responsible for all construction related activities until the issuance of a final certificate of occupancy; or
10 (3) The lessee or any person or entity having control of the property subject to this chapter; or
11 (4) The owner, which is the person, firm, corporation or other entity holding current legal title to the
12 property. The responsibility of the owner shall commence upon the date of issuance of the certificate of
13 occupancy.
14 Rip rap means a foundation or sustaining wall of stones placed together without order on an embankment
15 slope to prevent erosion. The rip -rap shall be covered from both the top and bottom with vegetative
16 cover.
17 Screening means the use of natural or man made topography, berms, fences, walls, trees, shrubs, ground
18 cover or any combination thereof which partially or completely blocks the view of one (1) area from
19 another.
20 Screening, opaque means a man made device on, or a natural feature of, a property which restricts access
21 or visibility the purpose of which is to provide privacy, separation of use, and to reduce the impact of
22 automobile lights on an adjacent use. Such screening shall be opaque in nature and prevent the passage of
23 visible light frequencies.
24 Shrubs and hedges means self supporting, woody, evergreen species and shall have a minimum height of
25 eighteen (18) inches at installation.
26 Soil means a medium in which plants will grow.
27 Stop work order means an order issued by the city official directing the parties involved in an activity to
28 cease and desist all work on the development or to cease only that portion of which is not in compliance,
29 except such remedial work necessary to bring the project into compliance.
30 Street is defined in chapter 31 of this Code.
31 Tree means any self - supporting woody perennial plant of two (2) inches or more DBH reaching an
32 overall height at maturity of at least fifteen (15) feet. The canopy of the mature tree shall be ten (10) feet
33 or more above ground level with the height of the canopy of the immature tree being proportional to the
34 current size of the tree. Large woody shrubs shall not constitute a tree.
[PAGE 6 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
Tree, multi -trunk means a tree having three (3) or more trunks.
2 Tree topping means cutting the main vertical leader of the tree or the severe cutting back of limbs to
3 stubs larger than two (2) inches in diameter within the crown of the tree to such an extent as to remove
4 the normal canopy and disfigure the tree.
5 Undisturbed means the condition of a land area which remains in a natural state including topography,
6 trees and vegetation, except that enhancements such as additional landscaping, replacement of underbrush
7 and other treatments may be utilized within the land area when approved by the city official.
8 Vehicular use area means that area of private development subject to vehicle traffic, including access
9 ways, driveways, loading and service areas used for parking, maneuvering, or storage of vehicles, boats,
10 or portable construction equipment, and all land which vehicles travel over as a function of the primary
II use.
12 Vine means a herbaceous or semi -wood plant requiring support upon which to grow. Vines are generally
13 used to soften the effect of inorganic elements such as fences, walls, and arbors, as well as to provide
14 screening or buffering effects.
5 Wall or fence means a structure of wire, posts, boards, pickets or rails commonly used to border, secure
16 or delineate a yard, field, lot or other land area. All fences intended as screening fences to fulfill a code or
17 site plan requirement shall be opaque and placed with the decorative or face side toward the subject to be
18 protected.
19 Sec. 15 -7. Enforcement.
20 (a) Any person convicted of a violation of any of the provisions of this chapter shall be punished as
21 provided in section 1 -9 of this Code.
22 (b) All property subject to the requirements of this chapter shall be developed in conformance with an
23 approved landscape plan. The removal or improper preservation of each required tree shall be considered
24 a separate violation. Each violation shall be considered a separate offense.
25 (c) No final certificate of occupancy shall be issued for any structure within a development requiring a
26 landscape plan until the city official has conducted an inspection and has certified that the project is in
27 conformance with the landscape plan.
28 (d) When a violation of this chapter is determined to exist the city official shall issue a written notice of
29 the violation to the responsible parry. The notice shall specify those sections of this chapter which are
30 determined to be violated and shall include the time and conditions under which the violation(s) shall be
31 corrected. If the responsible party has been issued other notices within the preceding twelve -month period
32 the notice may require the violation(s) to be corrected within twenty -four (24) hours. If the city official
33 determines that the current season of the year is not conducive to sustaining life for trees, the time for
34 compliance with these provisions may be extended for not more than one hundred twenty (120) days.
[PAGE 7 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
(e) If the responsible party refuses to comply with the written notice of violation the city official may
2 issue a stop work order and citation and revoke or withhold the issuance of all permits including the
3 building permit and certificate of occupancy. Additionally, when the city official determines that an
4 emergency exists an order to immediately cease and desist may be issued.
5 (f) The responsible party shall have a maximum of thirty (30) days to appeal the issuance of the stop
6 work order to the city beautiful commission. However, the appeal of a stop work order shall not stay the
7 prosecution by the city of a violation in court.
8 (g) Conflicts. Where provisions of this chapter conflict with any other ordinance, regulation, or
9 resolution of the city, the most stringent provision shall be enforced. The provisions of this chapter are
10 considered minimum requirements.
II
12 ARTICLE II. CITY BEAUTIFUL COMMISSION
13 Sec. 15-26. Created.
14 There is created a commission to be known as the "city beautiful commission."
15 Sec. 15 -27. Members.
16 (a) The city beautiful commission shall be composed of nine (9) members who shall be qualified electors
17 of the city. Two (2) members of the commission shall be chosen from any of the following professions:
18 (1) Professional civil engineer.
9 (2) Professional urban planner.
20 (3) Registered architect.
21 (4) Registered landscape architect.
22 (b) Members shall be appointed by the board of directors for terms of three (3) years each. Should any
23 commission member fail to attend three (3) successive commission meetings, his term shall be
24 automatically terminated and a new member appointed by the board of directors for the remainder of the
25 unexpired terms.
26 See. 15-28. Officers.
27 Officers of the city beautiful commission shall be elected by full membership of the commission and shall
28 include a chairman, vice - chairman and treasurer. Terms of officers shall be for one (1) year, and officers
29 may succeed themselves.
30 Sec. 15 -29. Meetings.
31 Meetings of the city beautiful commission shall be held monthly. A majority of the total membership of
32 the commission shall constitute a quorum for the transaction of business, and the concurring vote of a
33 majority of all members of the commission shall represent the action of the commission. The commission
34 shall adopt bylaws for the conduct of its meetings.
[PAGE 8 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
I Sec. 15 -30. Aims and goals.
2 The city beautiful commission is accountable directly to the board of directors and under the general
3 supervision of the city manager. The commission shall be responsible for the establishment and
4 maintenance of plans to ensure a high level of visual aesthetic quality. The goal of the city beautiful
5 commission shall be to raise the level of community expectations for the quality of its environment.
6 Sec. 15 -31. Role, duties and responsibilities.
7 (a) The role of the city beautiful commission is to be responsible for the establishment and maintenance
8 of plans to control litter, weeds, abandoned vehicles and appliances, soil erosion and to otherwise ensure a
9 high level of visual aesthetic quality, specifically including but not limited to the visual appearance of
10 parks and open spaces, streams and other bodies of water, drainage ditches, structure, hillsides,
II riverfronts, utilities, signs, vehicle parking and sales lots, outdoor storage, trees and other natural
2 vegetation, natural landscaping, streets and railroads.
13 (b) The commission has the following duties, responsibilities and powers:
4 (1) To promote public interest in the general improvement of the appearance of the city.
15 (2) To prepare and transmit to the board of directors recommended policies implementing the plans
16 prepared by or for the commission.
17 (3) To establish, subject to approval of the board of directors, regulations of aesthetic quality for public
18 and private lands and improvements.
19 Sec. 15 -32. Fiscal procedure.
20 The city beautiful commission is subject to all fiscal procedures of the city.
21 Sec. 15 -33. Funding.
22 The planning and development department shall be responsible for relaying budget requests of the city
23 beautiful commission to the city manager and board of directors. The commission shall have the authority
24 to accept any and all donations, and the city shall establish and maintain separate accounts to receive such
25 funds.
26 Sec. 15 -34. Committees.
27 The city beautiful commission may appoint any number of citizens to serve on committees as ex officio
28 members.
29 Sec. 15 -35. Article cumulative.
30 This article shall not in any manner supersede the authority or duties of any other commission, board or
31 agency duly established by ordinances or resolutions of the board of directors, and shall not in any
32 manner be interpreted to interfere with such duties that have been established by such ordinances or
33 resolutions of any such commission, board or agency.
34
[PAGE 9 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
I Sec. 15 -36. Appeals.
2 (a) Any person aggrieved by a decision of the city official in the administration of this chapter shall have
3 the right of appeal to the city beautiful commission. The city beautiful commission shall hear requests for
4 variances from the provisions of this chapter upon written application. Following submission of a detailed
5 development proposal the commission may grant variances only when it is demonstrated by the applicant
6 that a variance will be in keeping with the purpose and intent of the provisions of this chapter. The
7 commission may impose reasonable conditions upon the granting of a variance to ensure compliance and
8 to protect surrounding property and the public interest.
9 (b) The commission shall also hear and decide appeals where it is alleged by the applicant there is error
10 in any order, requirement, decision or determination made by a city official in the enforcement of this
II chapter.
12 (c) All applications for a hearing before the city beautiful commission shall be accompanied by a fee in
13 the amount of one hundred fifty dollars ($150.00). The fee shall be paid to the city collector's office for
14 which a receipt will be issued stating the purpose of the payment. The receipt shall be filed with the
15 application as proof of payment of the fee.
16 (d) The city beautiful commission shall have final authority except that the applicant or objectors of
17 record aggrieved by a decision of the commission have a right to appeal to the city board of directors. The
18 content of the appeal filing shall consist of the following information delivered to the city clerk:.
19 (1) A cover letter addressed to the mayor and board of directors setting forth the request;
20 (2) A copy of the city beautiful commission application indicating the action taken and properly
21 executed by the staff.
22 This filing shall occur within thirty (30) calendar days of the action by the city beautiful commission.
23 Certified mail notice of appeal hearing shall be provided not less than ten (10) days prior to the date of the
24 hearing, and the affidavit and other supporting evidence of notice shall be filed not less than five (5) days
25 prior to the date of review. This notice shall be given to all parties of record whether for or against the
26 request. The cost of this notice shall be borne by the applicant.
27 Sec. 15 -37. T.R.E.E fund.
28 (a) Intent. The board of directors of the City of Little Rock recognizes that from time to time variances
29 from the tree requirements of this chapter will be granted by the city beautiful commission to the
30 responsible party. In an effort to afford the citizens of the city the benefits they would have received from
31 the trees required by this chapter but were lost through development of the site, the city enacts this section
32 establishing a fund to be used for the replenishment of trees in the city entitled the "Tree Restoration for
33 Environmental Enhancement" (T.R.E.E.) fund.
[PAGE 10 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
(b) The T.R.E.E. fund shall consist of cash contributions required of the responsible party in -lieu of tree
2 improvements under the following circumstances:
3 (1) The city official determines in a specific written finding that the required minimum number of trees
4 to be planted pursuant to this chapter is not obtainable without undue hardship on the responsible party; or
5 (2) A variance from the requirements of this chapter has been granted by the city beautiful commission
6 which reduces the number of trees that will be planted or preserved from the minimum number of trees
7 required by this chapter.
8 (c) The responsible party shall contribute to the city a cash payment equal to one hundred (100) percent
9 of an estimate prepared by a registered professional landscape architect or certified arborist, of the cost of
10 the trees required by this chapter that will not be planted under the provisions of subsection (b) above.
Such estimate shall also include the cost of installation of the trees.
12 (d) The city official shall determine annually the required per tree in -lieu cash payment amount. Such
13 amount shall not exceed two hundred dollars ($200.00) per tree with annual CPI inflation adjustments
14 commencing in 2001. Any in -lieu cash contribution required shall be limited to a maximum of ten (10)
15 trees per site.
16 (e) When in -lieu contributions are required to be made, a responsible party's landscape plan shall not be
17 approved until:
8 (1) The tree requirements pursuant to this section are waived or granted variance pursuant to subsection
19 (b), above; and
20 (2) A copy of the receipt for the required cash contribution has been received by the city official.
21 (f) The city finance department shall be responsible for receiving, recording, depositing, reporting and
22 reimbursing in -lieu cash contributions as determined by the city official. A receipt evidencing cash
23 contributions made shall be provided to both the responsible party and to the city official.
24 (g) The finance department shall maintain a T.R.E.E account and shall maintain records of all in -lieu
25 cash contributions. The finance department shall produce an annual report summarizing the tree
26 improvement account and provide same to the city official and the city beautiful commission. This report
27 shall include both the principal and the interest earned for the accounting period, and the annual tree
28 plantings by section of the city.
29 (h) In -lieu contribution funds shall be dedicated to planting and maintaining trees on public property and
30 rights -of -way within the area of the site where the trees were removed as defined by section map.
31
32 ARTICLE III. TREE PROTECTION
33 Sec. 15 -51. Tree cutting permit.
[PAGE 11 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
(a) Except for public utilities operating within the scope of a valid franchise agreement or otherwise
2 authorized by law, it shall be unlawful to remove any tree located within the public rights -of -way or other
3 city owned property without the appropriate permit. Such permit may be applied for in conjunction with
4 the application for a building permit.
5 (b) Except for public utilities operating within the scope of a valid franchise agreement or as otherwise
6 authorized by law, no permit for the cutting down and removal of trees in the public rights -of -way or on
7 city property shall be granted unless the city official finds that one (1) or more of the following conditions
8 exist:
9
10 (1) The tree is less than three (3) inches in caliper;
11
2 (2) The tree is diseased or injured and is unlikely to survive;
13
14 (3) The tree is within the area of a proposed structure on the
15 property or so close as to render it dangerous to the structure or
16 unlikely to survive;
17
18 (4) It is necessary that the tree be removed to protect existing or
19 proposed public facilities.
20
21 (5) The area is within a driveway designated on an approved site
22 plan.
23
24 (6) The area is included within an approved grading plan.
25
26
27 (c) Any tree removed from the areas described in this section shall be replaced with a tree meeting the
28 specifications of article IV of this chapter within six (6) months of removal.
29 (d) No tree growing near a sidewalk shall be removed solely because of interference with the sidewalk
30 unless the city official finds that the sidewalk cannot reasonably be constructed without removal of the
31 tree. It is the intent of this section that sidewalks be reconstructed around trees and that trees are not to be
32 removed solely to facilitate construction of sidewalks.
33 Sec. 15 -52. Preservation, protection and planting.
34 (a) There is no requirement under this chapter to preserve trees other than within a land use buffer.
35 However, the responsible party may select certain trees to be preserved elsewhere on the site to comply
36 with the provisions of this chapter and to accomplish passive sustainable energy conservation.
37 (b) Trees selected for preservation or planted shall have the area within the dripline fenced with protective
38 fencing and protected from development activities in accordance with the design standards contained
39 within this chapter. For each existing tree preserved and incorporated into the landscape design, the
40 following credits shall be applied to the minimum tree requirements:
[PAGE 12 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
TREE CREDIT CHART
2
3 Preserved Tree DBH
Credits Toward
4 4 — 5 inches
2 required trees
5 6 — 12 inches
3 required trees
6 13 — 18 inches
4 required trees
7 19 — 24 inches
6 required trees
8 25 —32 inches
8 required trees
9 32 — 48 inches
10 required trees
10 above 48 inches
12 required trees
II
12
13 (c) Continuous maintenance. Once a landscape plan has been approved, a digital and hard copy of the
14 approved plan shall be provided to the City and also kept on file with the owner /management company.
I5 The plan shall remain on file with the city, and the site shall be maintained in conformance with the
16 landscape plan. Any landscaping materials or preserved or required trees that die within one year of
17 planting shall be replaced one (1) for one (1) by the responsible parry unless additional trees are required
18 to be planted to meet the spacing requirements of this chapter in effect on the date of the most recent
19 approved landscape plan.
20
21 After one year of planting, any trees that die shall be replaced in accordance with the tree credits set forth
22 in this section. Trees that are destroyed or removed by act or consent of the responsible party shall be
23 replaced in accordance with the tree credits set forth in this section. Replacement shall occur as soon as
24 reasonably possible in accordance with the approved landscape plan and good horticultural practices and
25 in compliance with this chapter.
26
27 (d) Plant material used for compliance with the provisions of this chapter shall conform to the
28 "American Standards for Nursery Stock, I -73 ", Grade No. 1, American Association of Nurserymen, Inc.,
29 or equivalent. This article specifically prohibits the use of artificial plants or trees in landscaping to
30 satisfy the requirements of this chapter.
31 (e) Within land use buffers, a minimum of seventy (70) percent of the land area shall be undisturbed.
32 (f) Land alteration work shall be properly supervised in accordance with chapter 29 of this Code.
33 (g) Prohibited activities. It shall be unlawful to allow any of the -following activities to occur in
34 protected trees or groups of trees or any area designated "undisturbed" or "preserved" on the landscape
35 plan:
36
37 (1) Material storage. No storage of any kind is permitted within the
38 critical root zone, including but not limited to, construction
39 materials, waste storage, and excess materials from excavation.
40
[PAGE 13 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
1
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
(2) Equipment cleaning and liquid disposal. Equipment shall not be
cleaned nor liquids, including but not limited to, paint, oil,
solvents, asphalt, concrete, and mortar, shall be deposited or
allowed to flow within the limits of the critical root zone.
(3) Tree attachments. No signs, wires, or other attachments shall be
attached.
(4) Vehicular traffic. No vehicular or construction equipment traffic
or parking shall be permitted within the critical root zone other
than on an existing street pavement except as provided for
buffers in chapter 36 of this Code.
(5) Grade changes. No grade changes shall be permitted within the
limits of the critical root zone unless adequate construction
methods are approved by the city official.
(6) Impervious paving. No paving with asphalt, concrete or other
impervious materials in a manner which may reasonably be
expected to kill a tree shall be placed within the limits of the
critical root zone, except as provided for in chapter 36 of this
Code.
(h) Tree protection measures. Tree protection measures shall be in place prior to the arrival of any
heavy equipment on the site or the beginning of any construction including land alteration except as
necessary to install tree protection. Such measures shall remain in place until commencement of final
landscaping and shall include:
(1) Protective fencing located around the perimeter of the critical
root zone, and
(2) Flagging with brightly colored vinyl tape wrapped around the
main trunk at a height of four (4) feet or more such that the tape
is clearly visible to workers on foot or operating equipment.
Sec. 15 -53. Tree pruning.
(a) Required pruning. The owners of all trees adjacent to public roadways shall be required to maintain
a minimum clearance of fourteen (14) feet above the public street and eight (8) feet above sidewalks.
Owners shall also prune and maintain trees so that they do not interfere with traffic signals or signs, street
lighting, or roadway line of sight requirements. Owners shall remove all dead, diseased or dangerous
trees, and broken or decayed limbs.
Pruning shall be done in accordance within accepted industry standards that maintain both the appearance
and health of the tree. "Tree topping" is specifically prohibited by this section. Crape Myrtles shall not
be trimmed lower than six (6) feet in height above grade to be classified as a tree.
[PAGE 14 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
(b) Construction pruning. In a case where a low hanging limb may be broken during construction, the
2 limb may be cut. In no instance shall the pruning involve a portion of the trunk or more than ten (10)
3 percent of the canopy.
4 Sec. 15 -54. Standards for preserved trees.
5 The city official may visit each site and review photographs of each site for which there is a plan in order
6 to verify that the trees to be preserved pursuant to the plan are of sufficient size, quantity and quality to
7 warrant preservation. Trees that do not warrant preservation shall not qualify as preserved trees as
8 determined by the city official.
9
l o ARTICLE IV. LANDSCAPING OF VEHICULAR USE AREAS AND PUBLIC RIGHTS -OF-
II WAY
12 DIVISION 1. GENERALLY
13 Sec. 15 -81. Permit requirements; landscape plan.
14 (a) Landscape permit. A landscape permit shall be obtained from the city before constructing or
15 expanding a vehicular use area and before expanding or rehabilitating a building if landscaping is
16 required under this chapter.
17 (b) Landscape plan. Before a landscape permit is issued, the applicant shall submit the required number
18 of copies of a landscape plan to the city. When the vehicular use area is accessory to a building or
19 structure, the landscape plan should be submitted concurrently with the building and site plans of the
20 proposed structure. The landscape plan may be shown on the building site plan and need not be a separate
21 drawing. However, development of two (2) acres or more requires the landscape plan be affixed with the
22 seal of a registered landscape architect. Development of sites from one (1) to two (2) acres requires the
23 landscape plan be prepared by a design professional.
24 (c) Information required. The landscape plan shall provide at a minimum the following information:
25 (1) Names, addresses and telephone numbers of all responsible parties.
26 (2) A separate document showing all dimensions, property lines and lease lines.
27 (3) North arrow, scale and date of preparation.
28 (4) The location, species and size of all existing trees six (6) inches or more DBH to be designated
29 preserved trees and the outline of all tree masses and shrub masses to be preserved including
30 corresponding critical root zones and areas being preserved. The tree credit chart for each preserved tree
31 as described in section 15 -52.
32 (5) Significant water flows, rock outcroppings, etc. occurring in nature.
33 (6) The location of all proposed plant materials and the common and botanical names, together with the
34 quantity, spacing and size of all plant materials.
[PAGE 15 OF 281
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
(7) Tree fencing and other methods of protection during construction.
2 (8) Extent of irrigation or water sources.
3 (9) Phasing lines if development is to be constructed in phases.
4 (10) Existing and proposed structures, mechanicals, parking spaces, driveways, sidewalks, dumpster
5 locations and screening, wheel stops and curbing or other vehicular use controls.
6 (11) Existing and proposed utility easements and whether the utilities will be above ground or below
7 ground, fire hydrants, and storm sewers (this would include those in the adjacent right -of -way).
8 (12) The location of cuts or fills, drainage, wet or dry detention basins.
9 (13) Planting specifications including soil reparation, staking and necessary measures to ensure plants
10 thrive.
11 (14) A graphic elevation illustration of proposed opaque screening.
12 (15) Procedures and methods to be followed concerning slopes or cuts and associated trees within
13 hillside benches.
14 (16) Submittal of evidence of review and approval of requirements stipulated in chapter 29.
15 (17) Description of existing soil types, vegetation and other landscape considerations.
16 (18) An overlay identifying the outline of existing tree masses and the predominate tree species, the
17 average DBH and condition of the trees in each mass that are to be preserved.
18 (19) Identification of trees, vegetation and soils that are to be protected or removed.
19 (20) All buffer areas.
20 (21) A statement indicating timetable for commencing and completing work.
21 Sec. 15 -82. Surety for deferred improvements.
22 (a) Upon request of the responsible party the city official may issue a temporary certificate of occupancy
23 prior to completion of the landscape plan. In such case a final certificate of occupancy shall not be issued
24 until the city official certifies completion of the requirements of the landscape plan.
25 (b) When the city official determines that the current season of the year is not conducive to sustaining
26 life or trees and plants required hereunder, compliance with these provisions may be deferred for not
27 more than six (6) months. Either cash, surety bond or letter of credit in favor of the city (collectively
28 referred to as "surety ") in an amount equal to the estimated cost of the deferred improvements shall be
29 provided to the city by the responsible party. The responsible party may choose the form of the surety. A
30 temporary certificate of occupancy may be issued conditioned upon such provision.
31 (c) Estimates of the cost of deferred improvements shall be prepared by the project architect or engineer,
32 or by a landscape architect or landscape contractor. Such estimate shall include an additional fee as
33 determined by the city official not to exceed five hundred dollars ($500.00) to cover the administrative
34 expenses of the city in the event of forfeiture of the surety.
[PAGE 16 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
(d) Failure to complete the deferred improvements within the one -year deferral shall effect an automatic
2 forfeiture of the surety. A forfeiture shall not relieve the responsible party of payment of any excess
3 expenses required to complete the approved landscape plan.
4 (e) At the option of the city official the forfeited surety shall be used by the city or by the responsible
5 party to complete the landscape plan.
6 (f) The forfeiture may be deferred for not more than two (2) years if it is determined by the city official
7 that such delay is excusable or justified. It is incumbent upon the responsible party to demonstrate
8 sufficient reason for this deferral.
9 (g) Only one (1) two -year extension shall be permitted by the city official. Extended deferrals may be
10 granted by the city beautiful commission.
I I Sec. 15 -83. Maintenance.
12 (a) All property subject to the requirements of this chapter shall be maintained by regular weeding,
13 irrigating, fertilizing, mowing, and pruning of the plant materials, all in conformance with good
14 horticultural practices.
15 (b) Plant materials which are installed or preserved within private property and within the adjacent
16 public right -of -way which exhibit evidence of pest infestation, disease or damage shall be appropriately
17 treated and replaced as determined by the city official.
18 (c) The neglect or refusal to maintain as described in this section, after ten (10) days written notice by
19 the city, shall be considered a violation.
20 (d) Trees contained in an approval landscape plan that have been removed or which die shall be replaced
21 in accordance with section 15 -52 of this chapter.
22 Sec. 15 -84. Nursery stock tree caliper requirements.
23 (a) Developments with fewer than one hundred fifty (150) parking spaces shall have:
24 (1) Single -trunk trees with a minimum caliper of two (2) inches measured twelve (12) inches above
25 grade at planting; or
26 (2) Multi -trunk trees with a minimum of three (3) canes with a minimum caliper of one (1) inch each
27 measured twelve (12) inches above grade at planting.
28 (b) Developments with one hundred fifty (150) or more parking spaces shall have:
29 (1) Single -trunk trees with a minimum caliper of three (3) inches measured twelve (12) inches above
30 grade at planting to satisfy fifty (50) percent of the requirement. The remaining minimum caliper
31 requirement may be reduced to two (2) inches measured twelve (12) inches above grade at planting.
32 (2) Multi -trunk trees shall have three (3) trunks or canes with a minimum caliper of one and one -half (1
33 1/2) inches measured twelve (12) inches above grade at planting to satisfy fifty (50) percent of the
[PAGE 17 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
requirement. The remaining caliper requirement may have three (3) trunks or canes with a minimum
2 caliper of one (1) inch measured twelve (12) inches above grade at planting.
3 Sec. 15 -85. Remodeling and expansion projects.
4 (a) All vehicular use areas which were in existence prior to the effective date of this article may continue
5 as nonconforming until such time a building permit is issued to rehabilitate a structure on the property
6 exceeding fifty (50) percent of the current replacement cost of the structure. At such time fifty (50)
7 percent of the existing vehicular use area shall be brought into compliance with this chapter and shall
8 continue to full compliance on a graduated scale based upon the percentage of rehabilitation cost.
9 (b) Additionally, all vehicular use areas which were in existence prior to the effective date of this article
10 may continue as nonconforming until such time as a building permit is granted to enlarge or reconstruct a
structure on the property exceeding ten (10) percent of the existing gross floor area. At such time ten (10)
12 percent of the existing vehicular use area shall be brought into compliance with this chapter and shall
13 continue to full compliance on a graduated scale.
14 (c) The city official may waive not more than twenty -five (25) percent of the requirements of this
I5 section when it is demonstrated by the responsible party that compliance with this section will create an
16 undue hardship.
17 DIVISION 2. PLANT MATERIAL SELECTION REQUIREMENTS
18 Sec. 15 -86. Generally.
19 Plant material used for compliance with the provisions of this article shall conform to the "American
20 Standards for Nursery Stock, 1 -73," Grade No. 1, American Association of Nurserymen, Inc., or
21 equivalent. Plant material which may be installed in vehicular use areas are defined and should be
22 selected from applicable lists. It is the intent of this division to be flexible; thus the responsible party may
23 select plants not listed in this division for landscaping vehicular use areas other than the public rights -of-
24 way as long as the substitute plants can withstand harsh weather conditions, comply with all other
25 provisions of this chapter, and are approved by the city official.
26 Sec. 15 -87. Tree species and hillside plantings.(a) Recommended list. The following list of trees
27 represents those which have been found to be best suited to this area and require the least amount of
28 maintenance. The following list of trees is recommended for planting in the required landscaped area. For
29 any site, trees from two (2) different genuses are required. At least twenty -five (25) percent of the trees on
30 the site outside of those required for screening purposes are to be of evergreen variety.
31 (b) Street and parking lot (may also be used as interior plantings):
32
33 TABLE INSET:
34 BOTANICAL NAME COMMON NAME
[PAGE 18 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
1
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
(1) Deciduous - -Large (average height 60' X 40' width)
Celtis laevigata
Sugar Hackberry
Fagus grandifolia
American Beech
Fraxinus pennsyvanica
Green Ash
Liriodendron tulipfera
Tulip Poplar Tree
Magnolia acuminata
Cucumber Magnolia
Platanus occidentalis
Sycamore
Quercus acutissima
Sawtooth Oak
Quercus alba
White Oak
Quercus falcata
Southern Red Oak
Quercus michauxii
Swamp Chestnut Oak
Quercus nigra
Water Oak
Quercus nuttallii
Nuttall Oak
Quercus palustris
Pin Oak
Quercus phellos
Willow Oak
Quercus shumardii
Shumard Oak
(2) Deciduous -- Medium Trees (average height 40'x 30'
width)
Acer rubrum'Drummondii'
Swamp Red Maple
Acer rubrum 'Red Sunset'
Red Sunset Maple
Betula nigra
River Birch
Ginkgo biloba
Ginkgo (male)
Koelreuteria paniculata
Golden Rain Tree
Pistacia chinensis
Pistachio
Taxodum distichum
Cypress
Ulmus parvifolia
Chinese Elm
(3) Trees to be planted under utility lines shall be selected from the following species:
Deciduous - -Small Trees (average height 20' X 15' width)
Acer palmatum
Japanese Maple
Cercis canandensis
Redbud
Cercis chinensis
Chinese Redbud
Cornus florida
Flowering Dogwood
[PAGE 19 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
I
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
[PAGE 20 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
Crataegus marshallii
Parsley Hawthorn
Crataegus opaca
Mayhaw
Crataegus viridis
Green Hawthorn
Ilex decidua
Deciduous Holly
Magnolia soulangiana
Saucer Magnolia
(4)
Evergreen - -Large Trees (average height 60' X
30' width)
Magnolia grandiflora
Southern Magnolia
Pinus taeda
Loblolly Pine
X cupressocyparis leylandii
Leyland Cypress
(5)
Evergreen -- Medium Trees (average height 40'
X 30' width)
Ilex opaca
American Holly
Juniperus virginiana
Eastern Red Cedar
Magnolia virginiana
Sweet Bay Magnolia
X cupressocyparis leylandii
Leyland Cypress
(6)
Evergreen - -Small Trees (average height 20' X
15' width)
Camellia japonica
Camellia
Camellia sasanqua
Sasanqua Camellia
Ilex attenuata'Fosteri'
Foster's Holly
Ilex cornuta'Burfordii'
Burford Chinese Holly
Ilex vomitoria
Yaupon Holly
Juniperus virginiana'Canaertii'
Canaert Red Cedar
Juniperus virginiana'Glauca'
Silver Red Cedar
(c)
Trees for terraces on hillside cuts:
TABLE INSET:
BOTANICAL NAME
COMMON NAME
(1)
Large (average height 60' X 40' width)
Celtis laevigata
Sugar Hackberry
Pinus taeda
Loblolly Pine
X cupressocyparis leylandii
Leyland Cypress
(2)
Medium (average height 40' X 30' width)
Koelreuteria paniculata
Golden Rain Tree
[PAGE 20 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
1
2
3
4
5
6
7
8
9
10
II
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
(d) Shrubs for terraces on hillside cuts.
TABLE INSET:
BOTANICAL NAME
COMMON NAME
Baccharis halimifolia
Groundsel Bush
Elaeagnus pungens
Elaeagnus
Forsythia intermedia
Forsythia
Ilex cornuta'Burfordii Nana'
Dwarf Buford Holly
Lagerstroemia indica
Crape Myrtle
Myrica cerifera
Southern Wax Myrtle
Nandina domestica
Nandina
(e) Ground covers for terraces on hillside cuts:
TABLE INSET:
BOTANICAL NAME
COMMON NAME
(1) Vines
Gelsemium sempervirens
Carolina Yellow Jessamine
Lonicera japonica
Wild Honeysuckle
(2) Hydroseed Mix:
Cynodon dactylon
Bermuda Grass
Eragrostis curvula
Weeping Love Grass
Festuca arundinancea
Kentucky 31 Fescue
Sec. 15 -88. Trees and shrubs in public rights -of -way.
All tree and shrub species listed in this division may be used in the public right -of -way.
Sec. 15 -89. Shrub species.(a) Recommended list.
The following list of shrubs are those which have
been found to be best suited to this area and require the least amount of maintenance. This list includes
those shrubs which may be planted in the required
landscaping area. For any site, shrubs from two (2)
different genuses are required. At least twenty -five (25) percent of the shrubs on the site outside of those
required for screening purposes are to be of evergreen
variety.
TABLE INSET:
BOTANICAL NAME
COMMON NAME
Evergreen - Shrubs
Ilex cornuta'Burfordii'
Burford Chinese Holly
Ilex cornuta'Rotunda'
Dwarf Rotunda Holly
[PAGE 21 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
1
2
3
4
5
6
7
8
9
10
II
12
13
14
I5
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
Ilex crenata'Compacta'
Dwarf Japanese Holly
Ilex vomitoria 'Nana'
Dwarf Yaupon
Jasminum mesnyi
Primrose Jasmine
Nandina domestica
Nandina
Ternstroemia gymnanthera
Cleyera
Sec. 15 -90. Grasses.
The following grasses are commonly installed adjacent to vehicular use areas and may be used to satisfy
the requirements of this chapter:
Mayer Z -52 Zoysia
Emerald zoysia
Bermuda grass
Bermuda grass hybrids
Centipede
St. Augustine
Sec. 15 -91. Ground cover; recommended list.
The following list of ground covers are those which
have been found to be best suited to this area and
require the least amount of maintenance. This list includes other species of ground cover which may be
planted in the required landscaped area.
TABLE INSET:
BOTANICAL NAME
COMMON NAME
Euonymus fortunei 'Radicans'
Spreading Euonymus
Gelsemium sempervirens
Carolina Jessamine (Hillside)
Hedera helix
English Ivy
Juniperus species
Junipers
Liriope muscari
Liriope
Lonicera sempervirens
Honeysuckle (Hillside)
Nandina domestica 'Harbour Dwarf
Harbour Dwarf Nandina
Ophiopogon japonicus
Mondo Grass
Vinca minor
Periwinkle
Trachelospermum asiaticum
Asian Jasmine
[PAGE 22 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
I Sec. 15 -92. Earth berms.
2 Earth berms shall be protected from erosion with suitable plant material, ground cover or grass. Earth
3 berms shall not be installed in designated preserved tree zones or designated undisturbed areas within the
4 site.
5 Sec. 15 -93. Height of tree trunks.
6 Tree trunk limbs at maturity shall be a minimum of eight (8) feet above ground.
7 Sec. 15 -94. General site development.
8 Landscaping treatment should be fully integrated into the overall site development, first taking into
9 account requirements for grading, drainage, stormwater detention, buffers, utilities, buildings and
0 retention of existing trees.
I I Sec. 15 -95. Screening requirements.
12 The grading and landscaping of a site shall be accomplished in such a way as to visually screen the
13 vehicular use area and certain other activities external to buildings on the site from the street and adjacent
14 more restrictive land uses subject to vehicle sight distance requirements of chapter 30 of this Code. The
15 use of berms is encouraged in all landscape plans. Existing and planted vegetation, berms, fences, walls
16 and other landscaping devices may be used to achieve the required screening in accordance with the
17 following minimum standards which may be exceeded at the option of the responsible party:
18 (1) Abutting properties. Where development which requires screening abuts land use of a more
19 restrictive nature at least eighty (80) percent of the view of the vehicular use area and parked vehicles
20 shall be screened so as to not be visible when viewed from the adjacent property. A wooden fence may
21 satisfy sixty -five (65) percent of the requirement and evergreen trees may be used to satisfy the balance.
22 (2) Special screening. Dumpsters, loading docks, heating and air conditioning units, external storage of
23 materials, communications equipment and similar outside activities and appurtenances shall be screened
24 from abutting properties and streets. Special screening of dumpsters within industrial sites is not required.
25 The screen shall exceed the height of the dumpster or trash containment areas by at least two (2) feet not
26 to exceed eight (8) feet total height.
27 (3) Plant growth. In determining the extent of screening to be provided, consideration shall be given to
28 normal growth characteristics associated with each type of plant material used. Screening standards shall
29 be satisfied based on the following plant conditions: (1) the size of each plant at installation (2) the size of
30 each plant three (3) years after the landscape plan is completed and (3) the size of each plant at maturity.
31 (4) Species and spacing requirements. Screening standards are intended to apply during all seasons of
32 the year. A minimum of fifty (50) percent of the trees and a minimum of seventy -five (75) percent of the
33 shrubs to be used for screening purposes shall be evergreen varieties. Maximum spacings of fifteen (15)
[PAGE 23 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Littte Rock Code of Ordinances
I feet for trees and three (3) feet for shrubs should normally be utilized in order to provide continuous full
2 screening of the view.
3 (5) Security and esthetic concerns. Breaks may be incorporated in the screen for esthetic or security
4 reasons as determined by the city official.
5 Sec. 15 -96. Perimeter planting strips.(a) A perimeter planting strip is required along any side of a
6 vehicular use area that abuts adjoining property or the right -of -way of any street, highway or freeway.
7 This strip shall be at least nine (9) feet wide. The perimeter planting strip adjacent to freeways or
8 expressways shall be at least thirty (30) feet wide except within mature areas.
9 (b) One (1) tree shall be planted for every seven hundred fifty (750) square feet of required landscape or
10 buffer area with an average linear spacing of not less than thirty (30) feet. Three (3) shrubs or vines for
I I every thirty (30) linear feet shall be planted in the perimeter planting strip. Massing is permitted as long
12 as trees are spaced not more than one hundred (100) linear feet apart including width of driveway.
13 (c) Where a fence or wall is utilized in a perimeter planting strip adjacent to a street, three (3) shrubs or
14 vines shall be planted each thirty (30) linear feet along both sides of the fence or wall.
I5 (d) Where a fence or wall is utilized in a perimeter planting strip, the fence or wall shall be constructed
16 with the face toward the adjacent property with any supporting structural members screened from view of
17 the adjoining property.
18 (e) Where the perimeter strip is part of a wide buffer area which is to be maintained in a natural state
19 with dense undergrowth, up to one hundred (100) percent of the required shrubs may be waived.
20 Sec. 15 -97. Interior landscape areas.
21 (a) Interior landscape areas shall comprise at least eight (8) percent of any vehicular use area containing
22 twelve (12) or more parking spaces.
23 (b) In order to apply toward the required eight (8) percent landscape area, the minimum size of an
24 interior landscape area shall be one hundred fifty (150) square feet for developments with one hundred
25 fifty (150) or fewer parking spaces. For developments with more than one hundred fifty (150) parking
26 spaces the minimum size of an interior landscape area shall be three hundred (300) square feet.
27 (c) Trees shall be included in the interior landscape areas at the rate of one (1) tree for every twelve (12)
28 parking spaces.
29 (d) Flexibility is permitted with placement of interior landscape islands, however, interior landscaping
30 should be generally distributed throughout the vehicular use areas.
31 (e) Interior planting island width shall be not less than seven and one -half (7 1/2) feet in order to receive
32 credit under this section.
33
34
[PAGE 24 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
I Sec. 15 -98. Building landscape areas.
2 (a) Landscape areas may be installed in the area immediately adjacent to the building or elsewhere on
3 the site at the discretion of the responsible party. However, landscape areas shall be provided between the
4 vehicular use area used for public parking and the general vicinity of the building, excluding truck
5 loading or service areas not open to public parking. These areas shall be equal to an equivalent planter
6 strip three (3) feet wide along the vehicular use area.
7 (b) One (1) tree and four (4) shrubs shall be planted in the building landscape areas for each forty (40)
8 linear feet of vehicular use area abutting the building.
9 (c) For buildings greater than forty (40) feet in height at least one - third ( 1/3) of the trees to be placed in
10 the building landscape area shall be of a species with a mature height greater than thirty (30) feet.
(d) The size and location of planter areas and the placement of trees and shrubs within these planter
12 areas should be freely adapted to meet local site conditions.
13 Sec. 15 -99. Exceptions.
14 Industrial sites shall meet the landscape requirements with the following exceptions:
15 (1) Industrial yards and compounds used for storing materials, manufactured products, equipment, truck
16 loading and unloading are excluded from interior landscape requirements.
17 (2) Industrial sites adjacent to other industrial sites are not required to provide perimeter planting strips
8 outside of the front yard setback.
19 Sec. 15 -100. Protection of landscaping.
20 (a) Raised concrete curbing or other approved devices shall be placed around the base of each
21 landscaped area to protect plantings from automobile and pedestrian traffic. Such curbing should be offset
22 two (2) feet from planting areas abutting parked vehicles in order to protect plantings from vehicle front
23 end overhang and vehicle doors opening into planter areas.
24 (b) The soil within the landscape areas shall be properly prepared prior to plant installation in
25 accordance with acceptable horticultural practices.
26 (c) Massing of shrubs is permitted only in mulch beds and not in grass or turf areas.
27 (d) An irrigation system shall be required for developments of one (1) acre or larger. Developments of
28 less than one (1) acre shall have a water source within seventy -five (75) feet of the plants to be irrigated.
29 Sec. 15 -101. Use of live plant material.
30 At least fifty (50) percent of landscape areas shall be covered by live plant material at the time of plant
31 maturity.
32 Sec. 15 -102. Treatment of land use buffers.
33 (a) Requirements for landscaping in land use buffers shall be the same as perimeter landscaping. Buffer
34 width shall be determined by the zoning ordinance.
[PAGE 25 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
(b) Natural vegetation and undergrowth may be approved by the city official to satisfy landscaping
2 requirements. Each site shall be evaluated on an individual basis.
3 (c) A minimum of seventy (70) percent of the land use buffer shall be undisturbed. The right -of -way of
4 any utility easement shall not be used in computing the depth or area of a land use buffer in developments
5 abutting property used or zoned for single - family or two- family use under R -1, R -2, R -3, R -4, PRD and
6 PDR.
7 Sec. 15 -103. Treatment of hillside cuts and slopes.
8 (a) Hillside cuts shall be reviewed on an individual basis for ground cover requirements and for
9 conformance with chapter 29 of this Code.
10 (b) Existing trees and ground covers shall be protected when feasible and vegetation shall be
I reestablished within six (6) months of project completion to avoid erosion and siltation.
12 (c) Vines may be used as ground cover around exposed large rock formations.
13 (d) The following procedures shall be followed according to finished grade of slope:
14 (1) Zero (0) percent to thirty (30) percent grade requires vegetation with sod or ground cover.
15 (2) Thirty -one (3 1) percent to sixty (60) percent requires vegetation with netting and ground cover either
16 hydroseeded or in containers to be hydroseeded with an erosion control blanket.
17 (3) Over sixty (60) percent requires native field stone or riprap with soil separating fabric. If riprap is
18 used, twenty -five (25) percent of the riprap shall be covered throughout with (1) live plant material or (2)
19 evergreen seedlings. Facing stone or block may be utilized as an option.
20 (e) Trees shall be planted along terraces used in hillside cuts and fills. The average spacing between trees
21 shall not be greater than twenty (20) feet. Dense evergreen seedlings may be used to satisfy tree planting
22 requirements.
23 Sec. 15 -104. Protection of existing vegetation.
24 (a) Care shall be exercised during construction to avoid damage to trees and the surrounding ground
25 surface area especially within the critical root zone in order to protect the feeder root system of existing
26 trees.
27 (b) Prohibited construction practices include:
28 (1) Compaction of the root system;
29 (2) Scarring or defacing of tree bark;
30 (3) Disturbing surrounding soil by trenching;
31 (4) Modifying elevation of surrounding soil;
32 (5) Placing impervious surfaces such as asphalt or concrete over the root system or drastically modifying
33 the existing drainage system.
[PAGE 26 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
I (c) Adequate drainage and aeration of the root system such as installation of tree wells shall be provided
2 when modifying soil elevation around trees.
3 (d) Construction practices may include barricading of root system areas and providing a track surface for
4 heavy equipment circulation.
5 (e) When damage has occurred to the root system, the same percentage of tree canopy as the root system
6 destroyed should be selectively pruned and trimmed back. Root stimulators, deep watering and
7 fertilization should then be implemented to enhance the recovery process.
8 Sec. 15 -105. Flexibility in applying standards.
9 (a) It is the intent of these provisions to allow reasonable and appropriate flexibility for adapting
0 landscaping design standards described in this chapter to the specific conditions of an individual site.
II (b) Areas established for zoning buffers, hillside buffers, stormwater detention basins and utility
12 easements may be used and counted as satisfying landscape area requirements stipulated by this chapter.
13 (c) Up to twenty -five (25) percent of the perimeter planter area and associated trees and shrubs may be
14 shifted from one area of the site to another for the purpose of improving visual aesthetics or for other
5 appropriate environmental concerns. Street tree requirements are not included in this flexibility.
16 (d) Up to two - thirds ( 2/3) of the building landscape area and associated trees and shrubs can be shifted
17 to another area of the site for the purpose of improving visual aesthetics or for other appropriate
18 environmental concerns.
19 (e) Where a vehicular use area is devoted strictly to access or loading or commercial loading, up to two -
20 thirds ( 2/3) of the landscape area, trees, and shrubs associated with the vehicular use area may be shifted
21 to other areas on the site.
22 (f) Landscape areas located within thirty (30) feet of the right -of -way line may be counted as part of the
23 street side landscape planter strip rather than as interior planting.
24 (g) Up to twenty -five (25) percent of the number of trees or shrubs may be reduced for any given
25 landscape area by compensating at the equivalent of one (1) tree for every eight (8) shrubs except within
26 street landscaping areas.
27 Section 2. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or
28 word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or
29 adjudication shall not affect the remaining portions of this ordinance, which shall remain in full force and
30 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this
31 ordinance.
32 Section 3. Repealer. . All laws, ordinances, resolutions, or parts of the same, that are inconsistent
33 with the provisions of this ordinance, are hereby repealed to the extent of such inconsistency.
34
[PAGE 27 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
I PASSED: October 20, 2009
2 ATTEST:
3
4
5 usan La Ir
ti ng City Clerk
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
APPROVED AS TO LEGAL FORM:
Thomas M. Carpenter, City Atto ey
//
//
//
//
II
//
//
//
//
//
//
//
//
//
//
//
//
//
//
//
II
//
[PAGE 28 OF 28]
Ordinance
To amend various provisions of Chapter 15 of the Little Rock Code of Ordinances
APPROVED:
Mark Stodola, Mayor