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Home My WebLink About205332012007865 Received: 2/9/2012 2:49:13 PM Recorded: 02/09/2012 03:04:55 PM Filed & Recorded in Official Records of Larry Crane. PULASKI COUNTY CIRCUIT /COUNTY CLERK Fees $20.00 I ORDINANCE NO. 20,533 2 3 AN ORDINANCE TO AMEND SECTION 15 -37(H) AND SECTION 15- 4 96(B) OF CHAPTER 15 OF THE LITTLE ROCK CODE OF s ORDINANCES ENTITLED "LANDSCAPING AND TREE 6 PROTECTION "; AND FOR 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 October 20, 2009, and 10 WHEREAS, the Board of Directors of the City of Little Rock has recognized that from time to time variances from the tree requirements of this chapter will be granted by the Little Rock 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 s 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(h) regarding the T.R.E.E. Fund should be 24 further amended to allow for the City Beautiful Commission, in conjunction with the City's Urban 25 Forester, to advise about tree selection, planting guidelines, and tree placement, and 26 WHEREAS, in order to eliminate an inconsistency within the existing text of the ordinance, it has 27 also been determined that Section 15 -96(b) should be amended to clarify that trees shall be planted with 28 an average linear spacing of not less than thirty (30) feet within the required landscape or buffer area. 29 WHEREAS, at its July 7, 2011, meeting, the City Beautiful Commission voted to recommend 30 approval of these proposed amendments. 31 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIPyECTORS OF THE C-TY 32 OF LITTLE ROCK, ARKANSAS: ` 33 Section 1. Little Rock, Ark., Rev. Code § 15- 37(h)(1988) is hereby amended to read as follows: J - [PAGE 1 OF 2] t , (h) In -lieu contribution funds shall be dedicated to planting and maintaining trees on 2 public property and rights -of -way within the area of the site where the trees were removed as 3 defined by section map. The Little Rock City Beautiful Commission, in conjunction with the 4 City's Urban Forester, shall advise about tree selection, planting guidelines, and tree placement. 5 Section 2. Little Rock, Ark., Rev. Code § 15- 96(b)(1988) is hereby amended to read as follows: 6 (b) Trees shall be planted with an average linear spacing of not less than thirty (30) feet 7 within the required landscape or buffer area. Three (3) shrubs or vines for every thirty (30) linear 8 feet shall be planted in the perimeter planting strip. Massing is permitted as long as trees are 9 spaced not more than 100 linear feet apart including width of driveway. 10 Section 3. Severability. In the event any title, section, paragraph, item, sentence, clause, phrase, or I I word of this ordinance is declared or adjudged to be invalid or unconstitutional, such declaration or 12 adjudication shall not affect the remaining portions of this ordinance, which shall remain in full force and 13 effect as if the portion so declared or adjudged invalid or unconstitutional was not originally a part of this 14 ordinance. 15 Section 4. Repealer. All laws, ordinances, resolutions, or parts of the same, that are inconsistent 16 with the provisions of this ordinance, are hereby repealed to the extent of such inconsistency. 17 PASSED: February 7, 2012 18 ST: APPROVED: 19 20 in 21 Sus City Clerk Mark Stodola, Mayor 22 AP RO D AS TO LEGAL FORM: 23 25 Thomas M. Carpenter, Attorney 26 27 28 // 29 30 31 // 32 // 33 // 34 // 35 [PAGE 2 OF 2]