HomeMy WebLinkAbout04-09-2019 Utilities Request to Remove a Street Tree (Live Oak) - 107 Fig AvenueMemorandum
Richard D. Johnson, P.E., Public Works Di�� From:
To:
CC:
Date:
Subject:
Members of the Fairhope Tree Committee
Mr. Moore; Mayor's Office; File
April 9, 2019
Utilities Request to remove a Street Tree (Live Oak)-107 Fig Avenue
Members of the Tree Committee:
Mr. Peterson and Whitman from our Utilities made a request for consideration of removal of a
live oak on the Right-of-Way at the frontage of the property at 107 Fig Avenue. After review by
the City's Horticulturist it has been determined that the tree not be removed. I support that
decision. Through Ordinance and Practice the City of Fairhope places high value on our urban
forest and street trees. The City will go to extraordinary measures to protect and preserve our
trees. That incl udes the relocation of infrastructures and the repeated rebuilding of curbs and
sidewalks disturbed and damaged by natural tree growth. The tree in question is healthy,
striving and of a highly valued species.
The bases of the Utilities request was prompted by the property owner's position that the street
tree has repeatedly damaged and affected the serviceability and operation of his water, sewage
and driveway. The attached pictures indicate active root growth and displacement of concrete
and the water service. The Utility has videoed the sewer lateral and found no issues. They will
be relocating the water service as far away from the tree as possible. Public Works will replace
that portion of the driveway apron that lies within the Public Right-Of-Way.
Again, my position is the tree not be removed. When I decide in opposition or in the affirmative
to remove a valued tree, I feel due process and an appeals process is warranted. Since I have
denied the request of our Utilities (which supported by the property owner), I am req uesting the Tree Committee review the evidence presented and then affirm or overrule my decision. I have
asked both the property owner and the utilities to attend so they may provide additional
information for your review.
If you have any questions, feel free to contact me.
Yours,
RDJ
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ORDINANCE NO. 1444 AN ORDINANCE TO PROVIDE FOR THE PUBLIC HEALTH, SAFETY, WELFARE AND AESTHETIC BEAUTY OF THE CITY OF F AIRHOPE, ALABAMA KNOWN AS THE TREE ORDINANCE WHICH REPLACES AND REPEALS ORDINANCE NO. 1193, ORDINANCE NO. 1223, AND ORDINANCE NO. 1351 BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF FAIRHOPE, ALABAMA, as follows: Chapter 20.5. TREES AND LANDSCAPING Sec. 20.5-1. Statement of Purpose. The purpose of this ordinance is to define landscaping regulations and protocols for the City of Fairhope. These requirements arc for the purpose of protecting existing vegetation and encouraging the planting and maintenance of additional vegetation within the Police Jurisdiction of the City of Fairhope. Plants, particularly trees, benefit the city and its residents by supplying oxygen and absorbing carbon dioxide, by reducing soil erosion and storm water runoff, glare from vehicles, wind, heat, noise and other offensive conditions. Landscaping screens and buffers maintain and enhance the character of neighborhoods and generally create a safer, more attractive and more pleasant living and working environment for all residents of the City of Fairhope. Sec, 20.5-2. Duties of the Fairhope Tree Committee. The Fairhope Tree Committee was established with the following duties: •
•
•
• •
•
• Determine and make recommendation to the mayor and council on the needs of the municipality in connection with its tree planting program; Recommend the type and kind of trees to be planted upon municipal streets, parks and other public places within the municipality; Assist the mayor and council in the dissemination of news and information regarding the protection, maintenance, removal and planting of trees on public property; Meet with the city planning commission and give advice in the formulation of said plan; Recommend to the mayor and council which trees are considered unwanted weed species and identify and recommend removal of dead, dying, diseased or insect infested trees; Examine trees proposed to be removed or destroyed upon private property, except on single family lots; Make studies and report to the mayor and council with recommendations on matters concerning trees in the municipality as from time to time requested by the mayor and council. I)Membership. The city council, shall appoint on this committee one (I) member ofthe council. The City Horticulturist and the mayor shall serve as advisory members.In addition, the council shall appoint, eight (8) additional persons in the City ofFairhope; two of which shall be appointed for a one-year term, two (2) of whichshall be appointed for two-year terms, and four (4) which shall be appointed for three-year terms. Following the initial appointment, all members shall be appointedto serve for a period of three (3) years and thereafter until their successors areappointed and qualified.2)Vacancies. Any vacancy in the membership shall be filled for the unexpired term in the same manner as the initial appointment.3)Meetings. The tree committee shall meet at least quarterly or more often as may benecessary to fulfill this ordinance. In addition, meetings may be called by themayor, by the one (I) council member, the chair or vice chair, or by three (3) of theeight (8) other members, after giving not less than five (5) business days notice ofthe date, time and place of the special meeting.
Ordinance No. 1444
Page-2-
4) Duties. The duties and powers of the Fairhope Tree Committee arc as follows: •
•
•
•
•
Make recommendations to the mayor and council on the city's tree and
planting protection programs.
Provide public forums and educational outreach programs concerning city
development and landscaping.
At the request of the city horticulturist, review site development plans and
advise the city horticulturist regarding tree protection and landscaping prior
to site clearing of any kind.
At the request of the City Horticulturist and the Planning and Building
Director, review applications for tree pruning or removal permits on public
property.
Suggest amendments and improvements to this chapter when deemed
necessary.
S) Rules of Procedure. The Fairhope Tree Committee shall observe the following
procedures:
Sec. 20.5-3
•
•
• •
Decisions of the Fairhope Tree Committee will be based on a majority
approval of five (5) of the eight (8) appointed members.
The Fairhope Tree Committee shall elect one (I) of its members as
chairman and one member as vice chairman. Each shall serve for one (I)
year or unti I he/she is re-elected or his/her successor is elected.
All meetings of the Fairhope Tree Committee shall be open to the public .
The Fairhope Tree Committee shall keep minutes of its proceedings and
shall keep records of its examinations and other official actions, all of
which shall be filed immediately in the office of the city clerk and shall be
public record.
Plan ning Submission Steps for Approval
I) Submission of a La11dscape Plan. A landscape plan must be submitted for review
and acceptance by the City horticulturist and the Planning and Building Director. A
landscape site plan shall consist of the following:
I) An inventory of all live trees greater than twenty (20) inches in diameter at
breast height (DBH) on a site shall be included in the site plan submitted to
the City Horticulturist and the Planning and Building Director so that the
developer may be advised on tree protection prior to site clearing or
development. Such trees will hereinafter be referred to as "Heritage trees".
2) A landscape plan. Landscape plans must comply with the General
Landscape Requirements in Section 20.5 .4 of this document. It is required
that landscape plans be drawn by a licensed landscape architect or a state
certified landscape designer. The landscape plan must be in printed and
electronic form and shall include:
i. Date, scale, north arrow, title, and names and contact information
for property owner(s), developer and landscape designer.
• Location of existing boundary lines; dimensions of
building site; location of existing water courses; significant
drainage features; existing and proposed streets or alleys;
existing or proposed utility casements on or adjacent to the
building site; road rights-of-way; required setbacks;
• location of proposed parking spaces; location of existing or
proposed sidewalks.
• The locations, species and DBH of existing, Heritage trees
indicating those to be retained for credit and those to be
removed, along with written justification for removal of
and any Heritage trees. Common name and botanical name
must both be included. The Heritage tree canopies must be
shown to full dimension and scale.
Ordinance No. 1444
Page-3-
• The location(s) and dirnension(s) of the proposed
landscape area including descriptions and locations of new
trees and plant materials to be placed within landscape
area(s).
• A tree protection plan, using written and graphic
information, to show how the applicant proposes to prevent
damage to existing trees and other vegetation to be retained
for credit. The plan also shall indicate measures to protect
all trees, shrubs, and other landscape vegetation on
adjacent public or private land that may be affected by the
applicant's construction. Minimum requirements for such
protection arc described in section 20.5.6. This plan also
shall indicate which, if any, Heritage trees (see section
20.5.13) must be pruned and specify the proposed extent of
such pruning.
• Statistics verifying that the minimum landscaping
percentage s set forth under this ordinance are met.
• Location, type and design of any proposed irrigation
system(s).
• Location and species of all existing buffer zone vegetation.
• Locations, species, and sizes of all trees, shrubs, and other
landscape vegetation (native and/or exotic). on public
rights-of-way adjacent to the development.
2) Staff Review of the Landscape Plan.
The City Horticulturist and the Planning and Building Director will review the full
landscape plan as certified by the landscape architect/designer. If deficiencies are
found, the landscape architect/designer will be required to revise the plan. In cases
of plan denial, a written explanation must be given by the City Horticulturist and
the Planning and Building Director. A revised plan may be resubmitted for
evaluation and shall be reviewed according to the same procedures as the initial
submission.
The City Horticulturist and the Planning and Building Director will normally have
a period of seven (7) days to review the site plan and reply to the developer in
writing. If more than seven (7) days is required, the City Horticulturist and the
Planning and Building Director shall notify the developer in writing and specify a
definite period for completing the review.
The City Horticulturist, only, is empowered to make decisions regarding tree
removal and pruning. Appeal of any decision the City Horticulturist makes is to the
City of Fairhope Municipal Court.
The City Horticulturist and the Planning and Building Director arc empowered to
consult with a Certified Arborist on large and complex site plans. If the City
Horticulturist and the Planning and Building Director deems necessary the
developer may be required to present a tree protection plan from a Certified
Arborist.
3) Presentation Of Staff Approved Landscape Site Plan to the Fairhope Planning
Commission.
When every requirement of Section 20.5.3 is met the developer may present his
plan to the Fairhope Planning Commission.
4) Post-Approval Requirements
1) A building permit will not be issued unless accompanied by a Landscape Plan
that has been approved by the City Horticulturist and the Planning and Building
Director. [Sec Section 20.5-3(2)]
Ordinance No. 1444
Page-4-
20.5-4
2) If proposed construction changes cause alteration in the landscape plan, a
revised plan must be submitted to the City Horticulturist and the Planning and
Building Director for reevaluation.
3) Once the approved landscape plan has been implemented on the site, the City
Horticulturist and the Planning and Building Director must be contacted for an
on-site inspection. Tbe City Horticulturist and the Planning and Building
Director nonnally shall have a period of five (5) working days to inspect the
property and confirm that the landscape plan has been implemented properly. If
more than five (5) days is required, the City Horticulturist and the Planning and
Building Director shall notify tbe developer in writing of a specific date for
completing the re-inspection. It will be the owner's responsibility to maintain
and promote the growth to maturity of the landscape material. It will be the
responsibility of the owner to notify landscape maintenance firms of those
expectations.
4) Once the on-site approval has been completed, the property owner will be
notified in writing and may apply for final plat approval or an occupancy
permit.
5)An occupancy permit will not be issued until the submitted and approved
landscape plan has been implemented.
General Landscape Requirements.
I)Applicability. All rules, regulations, and requirements set forth in this section arc
applicable to the following: •
•
•
Any new development or construction, excepl single family residences and
development or construction in the Central Business District (without off-street
parking) that falls within the Police Jurisdiction of the City of Fairhope. This
includes all public use buildings (i.e. churches, clubs, etc.) as well as city and
private property.
Any alteration to an existing building or development, excluding single family
residences, or construction which changes the amount of gross floor area of a
structure or building on a lot by more than thirty (30) percent. The property
which undergoes such an alteration shall be required to come into complete
compliance with this chapter at that time. This includes all public use and
buildings as well as city and private property.
Maintenance of plantings established previously under then-existing Fairhope
Ordinances shall be continued as required in section 20.5-4.12 e & f of this
chapter.
2) Protection of Existing Trees. During development of a site, every effort must be
made to protect and retain Heritage trees (see section 20.5-6. Tree Protection
Requirements). Retained trees will be credited toward fulfillment of this chapter
(see below). If the City Horticulturist determines that alternatives to tree removal
exist, the landscape plan will be rejected.
3) Landscape Percentage Requirements.
• On any building site for which an application for a building permit is made, at
least twenty (20) percent of the total property (not including right-of-way) shall
be landscaped.
• At least sixty (60) percent of this landscaping percentage requirement shall be
located between the building walls and public right-of-ways.
4) Required Landscaping Adjace11t to P11blic Right-of-Way.
• Front perimeter-except at permitted access ways, all interior development and
vehicular use areas shall be separated from public right-of-way frontage by a
landscaped strip of land at least ten (10) feet in width, adjacent and parallel to
the right-of-way line.
Ordinance No. 1444
Page-5 -
•Secondary perimeter-except at pennitted access ways, all interior development
and vehicular use area located at intersections of the public right-of-way shall
be separated by a landscaped strip at least six (6) feet in width and parallel to
the right-of-way line.
•Land occupied by curbs and sidewalks shall not count toward required
landscape areas. Vehicles shall not overhang more than two (2) feet onto
landscaped areas.
•The required landscape area between vehicle use area and public right-of-way
shall be planted with a solid unbroken visual screen at least forty-eight ( 48)
inches in height at planting, except for four (4) feet each side of permitted
access ways. Where non-living material is used for screen, one shrub or vine at
least thirty (30) inches in height at planting shall be required on the right-of
way side, for each ten (I 0) linear feet, or fraction thereof, of screen.
5)Perimeter Landscaping. The front setback must contain at least one (I) required
overstory tree for every thirty (30) feet of road frontage, or any portion thereof.
These frontage trees must be planted within the first twenty-five (25) feet of the
property line. In addition, the site must contain one (I) required overstory tree for
every thirty (30) feet of remaining outside lot perimeter, or any portion thereof and
one (I) required overstory or undcrstory tree for every twelve ( 12) parking spaces,
or portion thereof. At least half of the required trees must be overstory trees. Trees
may be chosen from section 20.5.13 (overstory) or section 20.5.14 (understory).
Other tree species may be used if approved by the City Horticulturist.
6)Interior Landscaping Requirements. Where accommodations are provided for
parking of fifty ( 50) or more vehicles, interior landscape areas shall be provided, so
located as to break the expanse of pavement and to guide traffic flow. The total area
provided for interior landscaping shall be at least ten ( I 0) percent of the total paved
area for parking and access. Trees, shrubs, grass and other ground cover shall be
planted in the same ratio as required in perimeter landscaping.
1)In addition to the foregoing, for parking lots designed to accommodate
large volumes of parking such as shopping centers, the following
requirements shall apply:
2)A continuous landscape strip of at least seven (7) feet in width at every
fourth parking row, with solid protective curbing. Vehicles shall not
overhang more than two (2) feet into landscaped areas.
3)No more than twelve (12) continuous parking spaces shall occur without an
intervening planting strip at least seven (7) feet wide located adjacent and
parallel to the parking spaces.
4)At least one (I) tree (of species listed in section 20.5.13 or 20.5.14) is
required for every twelve (12) parking spaces within the parking lot.
5)Where fifty (50) or more vehicles are to be accommodated, solid, raised
curbs shall be installed for protection of landscaped areas and to control
traffic flow within the parking lot. Openings may be provided as required
for pedestrian walks and passages. Alternative designs to aid stonn water
management (such as rain gardens) may be approved by the City
Horticulturist and the Planning and Building Director.
6)To allow flexibility in tree preservation and landscape development and
encourage innovative design, the City Horticulturist may approve
alternative proposals. Such proposals must provide for landscaping at least
ten (10) percent of the total paved area for parking and access.
7)To Promote Species Richness, A minimum of four (4) different tree species is
required on each site; at least one (I) species must be an overstory tree.
8)No Bare Ground Shall be Left Exposed. Plant materials, grass, or other approved
ground cover or mulch shall cover all non-paved and non-built developed areas. At
least fifty (50) percent of such cover must be living vegetation.
Ordinance No. 1444 Page-6-9) Cross-Visibility. At the comer of each side of permitted points of access frompublic right-of-way, or at comers of intersecting streets, landscaping shall be so planted and maintained as to provide unobstructed visibility between the heights oftwo and one-half (2 1/2) feet and ten (10) feet within an area defined byconstructing lines parallel to and twenty-five (25) feet from the point of intersectionof curb lines projected.JO) Vehicular Use Areas. Vehicular use areas and areas not occupied by development, located adjacent to side or rear property lines, shall be separated from adjacent property by a strip of land at least five (5) feet in width, adjacent and parallel to the lot line. This strip shall be landscaped and graded to receive rainfall run-off. Surface water run-off shall not be permitted to pass onto adjacent property. JI) Buffer Zone Landscaping. •Incompatible land use buffers. On any commercial, industrial, planned unitdevelopment (PUD) (as approved by the city council) or multi-familydevelopment ( except duplexes) adjacent to or abutting a residential zoningdistrict, a buffer strip along the incompatible property line(s) of the developingproperty is required. The buffer shall run the entire length of the abutting lotline(s) and be at least ten ( I 0) feet wide. Under no circumstances shall this buffer impair vehicular flow. The type of buffer may consist of any or all of the following:•An opaque fence not less than eight (8) feet in height, with horizontal orvertical openings not greater than three (3) inches per one (I) linear foot and afour-foot wide strip of Evergreen Plantings (section 20.5.15) which will growto at least six (6) feet in height within three (3) full growing seasons on the inside of lhc fence, or; •A staggered double row of Evergreen plantings at least six (6) feet in width, andat least six (6) feel in height al the time of planting. Plants shall be spaced in amanner to provide a nearly impervious visual barrier. At no time should the plants be pruned lo a height below six (6) feel.•Natural undisturbed forest, which provides a nearly impervious visual barrierdue to the dense nature of the plants and/or trees. If this option is chosen, the width of the buffer zone must be increased to twenty (20) feel in width. The only permitted removals within this buffer will be exotic invasive plants such as those listed in the appendix.•Parking lot buffer zones. Paving shall not be placed closer than ten ( I 0) feet toany property line. The property line shall be buffered with a landscaped strip ofal least ten ( I 0) feet in width. Many properties in the CBD arc exempt fromthis requirement, due to zero lot line development provisions in the ZoningOrdinance. Whenever an applicant for a building permit in the CBD choosesnot to build a parking lot up to a property line a buffer shall. be installed. TheCity Horticulturist and the Planning and Building Director shall review andapprove all parking lot buffer areas in the CBD•Screening of storm water detention/retention areas. Storm waterdetention/retention areas are hereby declared to be incompatible uses and shallbe screened from direct view from all abutting properties by installation andmaintenance of living plants not less than those required in 20.5.4.11.a & b.,thirty-six (36) inches in height at the time of planting, to achieve a height of notless than six (6) feet in three (3) years after planting. Outer slopes of detentionshall not be steeper than four ( 4) feet horizontal to one (I) foot vertical. Where water depth and time of detention is sufficient to require safety fencing, suchfencing shall be installed behind required screening, on the pond side. The CityHorticulturist and the Planning and Building Director may waive all or part of this requirement for detention areas that are shallow (less than two (2) feet deep) and maintained in permanent living grass cover. The City of Fairhope promotes the use of bio-rclcntion ponds for water detention/retention areas. Requirements for fencing and screening arc waived for qualified bio-retcnlionareas approved by the City Horticulturist and the Planning and BuildingDirector.
Ordinance No. 1444
Page-7-
12)Planting Requirements. Any trees planted to meet this ordinance must meet the
American Standards for Nursery Stock and the following requirements:
• Overstory trees must have an initial caliper diameter of at least two (2.0) inches
and must be at least ten ( I 0) feet in height.
• Understory trees must have an initial caliper diameter of at least one and half
( l .S) inches and be at least eight (8) feet in height.
• Multi-stemmed understory trees must be a minimum of eight (8) feet in height
and must have at least three (3) stems; each with a minimum caliper diameter of
three-fourths (3/4) inches. A multi-stemmed tree only counts as one tree credit.
•Trees must be obtained from a reputable source. Trees that have been dug in the
wild will not be accepted.
• Maintenance of new plantings is the responsibility of the property owner.
There will be two (2) required conformance reviews to confirm the
establishment of the landscape. The first will be in six (6) months and the
second in twelve (12) months. Any failures of the landscape must be replaced
by a specified date determined by the City Horticulturist.
• Any vegetation planted or retained to fulfill this ordinance, which dies,
becomes damaged or diseased, must be replaced by the property owner. The
property owner must notify the City Horticulturist when the replacement has
been scheduled and planted. Failure to replace trees that die will result in
penalties (see section 20.S.9).
13)Tree Credits. A major goal of this ordinance is to protect existing trees. Therefore,
incentives arc offered to retain existing natural vegetation as follows:
• Credit can be taken for a tree if the tree is in good, vigorous, healthy condition.
Tree credits may be used towards landscape requirements. However, the front
setback must contain one overstory tree for every thirty (30) feet of road
frontage, regardless of credited trees. A tree must be at least eight (8) inches
DBH (Diameter at Breast Height-4.S feet above the grade) to be credited. To
determine the number of tree credits allowed, divide the DBH of the preserved
tree by eight (8) and round downward, not to exceed seven (7) credited trees for
any one preserved. Trees listed in section 20.S.14 will not receive credit
towards fulfilling this chapter.
Lands Adjacent to the Following Roads: U.S. Highway 98, Alabama Highway 104,
North Section Street (Excluding any properties within the Central Business
District), South Section Street (excluding properties within the Central Business
District), South Mobile Street, Parker Road, Volanta Avenue, Gay/er Road, Gay/er
Road Extension, Fairhope Avenue, Morphy Avenue, Nichols Avenue. Middle Street,
Twin Beech Road and County Road 32.
All lands within twenty (20) feet of the boundaries of U.S. Highway 98, Alabama
Highway 104, North Section Street (Excluding any properties within the Central
Business District), South Section Street (excluding properties within the Central
Business District), South Mobile Street, Parker Road, Volanta Avenue, Gayfcr Road,
Gayfer Road Extension, Fairhope Avenue, Morphy Avenue, Nichols Avenue, Middle
Street, Twin Beech Road and County Road 32 within the corporate limits of the City of
Fairhope, in all zoning districts, arc hereby required to be reserved by owners or
developers of such land as greenspace and tree protection zones, such lands being
required to conform to all applicable provisions of this chapter. Provided, however, that
the grccnspace shall be landscaped as follows:
• Where no vegetation, other than grass exists, new landscaping and
plantings shall be installed within the 20-foot strip as approved by the City
Horticulturist; otherwise the following shall apply:
• For front facing structures, the reserved area may be:
• Left in its natural state;
• Natural growth retained, but enhanced with addition of trees and shrubs;
Ordinance No. 1444 Page-8-Sec. 20.S-5. Special Provisions for City Properties and Utility Rights of Way. I)City Right-of-Way. The City Horticulturist shall have the right to plant, prune,maintain and remove trees, plants, and shrubs within the city rights-of-way andall other public property as may be necessary to insure public health, safety and welfare or to preserve or enhance the beauty and symmetry of such public grounds.2)City Owned Property. Development of any city owned property must adhere to this chapter.3)Unlawful Removal. lt shall be unlawful to remove, prune, or otherwise damageany tree on public property or the right-of-way without written approval fromthe City Horticulturist.4)Contractor Requirements. All work on city property covered under thisordinance must be perfonncd by a licensed, bonded, and insured contractorunder the direct supervision of a certified arborist.5)Permits. Public utilities that pcrfonn routine tree maintenance operations mustapply for an annual permit.6)Standards. All routine pruning of trees on city owned property and citymaintained utility casements must confonn to standards set forth by theInternational Society of Arboriculturc and the National Arborist Association.Routine pruning shall be based on a maximum three-year rotation.7)Permitted Removals. The City Horticulturist may grant pennlssion for theremoval of trees on city-owned property when removal is in the public interestor when the City Horticulturist deems it possible to make reasonable mitigationthat will maintain the city's landscapes. Restitution may include planting treeson city property at any location the horticulturist designates or providingreplacement funding to be used solely for tree planting within the city.Expenditure of such funds will be under the direction of the city council andadministered by the City Treasurer. (see section 20.5-7).8) State of Emergency. In the event of a State of Emergency being declared,pennits will not be required for emergency pruning or removal of hazardoustrees as long as the work is supervised by a Certified Arborist and the process iswell documented with digital photographs.Sec. 20.S-6 Tree Protection Requirements. The following requirements apply to all properties inside the central business district regardless of use. Outside the central business district, these requirements apply to all properties, regardless of use, except properties zoned R-A, R-1, R-la, R-l b, R-lc, R-2, R-3 and R-3 PGH. Please see section 20.5-18 (Appendix A -Managing Trees During Construction). I)A "Heritage Tree" is defined as any living tree (ovcrstory orunderstory) with a stem diameter that exceeds twenty (20.0) inches.Such diameter will be measured at four and one-half ( 4 I /2) feet aboveground level in the case of single-stem trees or as the sum of stemdiameters at four and one-half ( 4 1/2) feet above the ground level in thecase of multi-stemmed trees. Heritage trees arc protected under thisordinance and cannot be cut, pruned or otherwise intentionally hanncdwithout express written pcnnission of the City Horticulturist.2)Any person wishing to remove or relocate a Heritage tree shall, underthe provisions of this section, make written application with the City Horticulturist. The application shall include a landscape plan (asdefined above). The City Horticulturist must approve or deny the pcnnit within fourteen (14) working days after receipt of theapplication.3) All tree removal will be at the property owner's expense except for (I )trees on the city right-of-way which are diseased, injured, in danger offalling close to existing structures, or which create unsafe visionclearance, the removal of which shall be funded by the city; or (2) treesbeneath utility lines which threaten to damage the utility line, theremoval of which is the duty of the utility company.
Ordinance No. 1444 Page-9-Sec. 20.5-7 4)Criteria for issuance of a tree removal permit: (a)The tree is located in an area where a structure or improvement will beplaced according to an approved plan.(b)The tree is diseased or injured, in danger of falling to close to an existing or proposed structure(s), interferes with existing utility service, creates unsafevision clearance or conflicts with other ordinances or regulations.(c)The tree is, or will be after construction, in violation of federal, state, or local laws, including but not limited to laws and regulations pertaining togovernment programs for financing the construction.(d)A permit may be denied if the tree is considered vital to the natural heritageof the City of Fairhope and/or the City Horticulturist determines thatreasonable alternatives to cutting the tree exist.5)Development on parcels shall comply with the following requirementsto protect Heritage trees and other trees that arc to be retained forlandscape credit on the applicant's parcel:(a)Protective barricades shall be placed around all retained trees, to create aprotective radius, and shall remain in place until land alteration, siteclearing, and construction activities are complete. Barricades for theprotective radius shall be erected with a minimum distance of twenty (20)feet from the trunks of Heritage trees and ten ( I 0) feet of other retainedtrees. Barricade shall consist of chain link fencing with signage. No entry,storage, temporary parking, or disturbance will be allowed within thebarricade.(b)A minimum distance of twenty (20) feet from all Heritage trees and ten(10)feet from all other retained trees shall be maintained when installingunderground utilities. If this results in unreasonable hardship, a soil augershall be used to tunnel under the tree roots.(c)Installation of protective barriers, fences, posts or walls shall not destroy orirreversibly harm the root systems of protected trees. Footers for walls shallend at the point where large roots arc encountered, and the roots shall bebridged. Post holes and trenches located close to retained trees shall be adjusted to avoid damage to major roots.(d)All roots to be removed during site clearing and/or construction shall besevered cleanly at the perimeter of the protected radius.(e)A protective dry well and drainage/aeration system shall be provided wherea retained tree would be adversely affected by raising the grade at orbeyond the perimeter of the protected radius.(f)A protective retaining wall shall be constructed at or beyond the perimeterof the protective radius where a retained tree would be adversely affectedby lowering the grade.(g)Paving base placement within the outside five (5) feet of the protectiveradius may be approved by the City Horticulturist and the Planning andBuilding Director, provided that effective pervious material/design is used.Such pervious material must be placed on grade, to reduce root systemdamage.(h)Structural foundations may be located at a distance of five (5) feet from thetrunk of a retained tree, provided an effective pervious area radius isextended proportionally in three (3) other directions to allow a minimum offour hundred (400) square feet of pervious area. Additionally, theguidelines in section 20.5-18 (Appendix A) shall be a part of thisordinance.Nuisance Trees The City Horticulturist may require landowners, inclusive of single family residences, to prune and remove trees, which may endanger public safety or be likely to endanger other trees through the spread of disease or insect infestation.
Ordinance No. 1444 Page-10-Sec. 20.S-8 Exotic Invasive Trees Those trees listed in 20.5-16 will always be permitted for removal. When removed within any described buffer zones, permitted removal must be performed without disturbing surrounding vegetation and with proper permit. Sec. 20.5-9 Restitution All monies collected will be used exclusively to plant new trees within city parks and right of ways. I)Fines/Penalties. Violators of the terms of this ordinance may be cited to municipalcourt by means of a municipal offense ticket issued by any authorized enforcementofficer of the city. Such violators may also be brought before the court on issuance ofcomplaint and arrest summons by any such officer. Upon conviction of any provisionherein, a violator shall be subject ten days in the Fairhope City Jail, to pay a fine of upto $500 and restitution as ordered by the Court. Upon a second or subsequentconviction, the violator shall be subject to a minimum of three days and up to sixmonths in the Fairhope city jail, a fine of up to $500 and restitution as ordered by theCourt. The Municipal Judge shall have the discretion to allow community service inlieu of jail time at the rate of five (5) days community service for every one (I) day ofjail time.2)Restitution.(a)Persons who are convicted of causing intentional injury or harm to any treeon city property or on public rights-of-way will be required to makerestitution to the City in an amount to be determined by the MunicipalJudge. The Tree Committee recomme nds restitution in the followingamounts:$100.00 for each tree 1.0--1.9 inches DBH $500.00 for each tree 2.0--4.9 inches DBH $1,000.00 for each tree 5.0--9.9 inches DBH $2,000.00 for each tree 10.0--14.9 inches DBH $3,000.00 for each tree 15.0--19.9 inches DBH $10,000.00 for each tree 20.0--29.9 inches DBH $20,000.00 for each tree 30.0 plus inches DBH (b)When the City Horticulturist gives approval for removals of treeson city property or public right-of-way, the person requesting suchapproval will be required to make payments to the City as follows:$50.00 for each tree 1--1.9 inches DBH $250.00 for each tree 2.0--4.9 inches DBH $500.00 for each tree 5.0--9.9 inches DBH $ I ,000.00 for each tree 10.0--14.9 inches DBH $1,500.00 for each tree 15.0-19.9 inches DBH $5,000.00 for each tree 20.0--29.9 inches DBH $ I 0,000.00 for each tree 30.0 plus inches DBH When only stumps arc available for measurement, stump top diameter rather than DBH shall apply. Any restitution set forth in section 20.5.9. may be reduced or avoided when the City Horticulturist determines that requested tree removal is in the public interest. The City Horticulturist shall use the higher of the above schedules in estimating restitution or mitigation for the unauthorized removal or intentional degrading of Heritage trees at private development sites.
Ordinance No. 1444
Page -11 -
Sec. 20.5-10 Appeal of Grant or Denial of Permit.
Appeals of either a grant or denial of permits pursuant to this requirement shall be to the City of
Fairhope Municipal Court and may be made by the applicant or any officer, department, or
board of the city aggrieved by any decision of the City Horticulturist with respect to the
administration or enforcement of these requirements. The Fairhope Municipal Court Judge shall
have the power to grant permits upon a showing by the applicant of clear and convincing
evidence that the applicant will suffer an extreme and extraordinary hardship. The Fairhope
Municipal Court Judge shall have the power to deny permits upon a showing of an aggrieved
party that tree removal is not in the best interest of the City of Fairhope. A party aggrieved by
the decision of the Fairhope Municipal Court may appeal to the Circuit Court of Baldwin
County.
Sec.20.5-11 Int erference.
No person shall hinder, prevent, delay or interfere with the City Horticulturist or any other duly
authorized individual, while engaged in carrying out the execution or enforcement of this
ordinance; provided, however, that nothing herein shall be construed as an attempt to prohibit
the pursuit of any remedy, legal or equitable, in any court of competent jurisdiction for the
protection of property rights by the owner of any property within the municipality.
Sec. 20.5-12 Definitions.
Caliper: Diameter of a tree trunk. Caliper is used to determine the minimum size of trees
planted to fulfill this chapter. For trees less than four (4) inches in diameter, it is measured six
(6)inches above the ground. For trees between four (4) inches and twelve (12) inches in
diameter, it is measured twelve (12) inches above the ground.
City Horticulturist: Refers to the official appointed by the city council to enforce the City of
Fairhope Tree Protection and Landscape Ordinance.
DBH: Diameter at breast height, or four and one-half(4 1/2) feet above grade. Used to measure
all existing trees. In the case of multi-stemmed trees, diameters at breast height will be summed
for the purposes of this chapter.
Landscape Plan: Detailed drawings of proposed landscaping.
Overstory Trees: Trees which, at maturity, comprise the canopy of a natural forest. These are
generally twenty (20) to forty (40) feet and upwards at mature height.
Public Tree: Any tree located on City ofFairhope property. This includes city right-of-ways.
Required Tree: Any of the trees listed in Section 20.5.13 and 20.5. 14, or others as approved by
the City Horticulturist and the Planning and Building Director.
Heritage Tree: Any living tree (overstory or understory) with a DBH that equals or exceeds
twenty (20.0) inches.
Site Plan: Initial drawings or sketches of a proposed development, which are reviewed by staff;
and if required are submitted with recommendations to the Fairhope Planning Commission.
Tree Credits: A means of crediting existing trees for trees that would have to be planted if
existing trees could not be saved and protected as stated in this chapter.
Understory Trees: Trees which, at maturity are typically 10-30' in height.
Sec. 20.5-13 Required Overstory Trees
The following species are required for planting within the City of Fairhope. Other species that
are recognized as suitable for this area may be used if approved by the City Horticulturist.
Species native to coastal Alabama (Baldwin, Escambia, and Mobile Counties) are preferred.
Ordinance No. 1444 Page-12-T ABLE INSET: Taxodium distichum Ulmus alata Southern Red Ma le ive to coastal Alabama Sec. 20.5-14 Required Understory Trees The following species arc required for planting within the City of Fairhope. Other species that are recognized as suitable for this area may be used if approved by the City Horticulturist. Species native to coastal Alabama (Baldwin, Escambia and Mobile Counties) are preferred in most cases. TABLE INSET: Amelanchier aboreum Downv Serviccberrv Carpinus caroliniana American Hornbeam Chamaccyparis thyoides Atlantic White Cedar Chionanthus virginicus Fringe-tree/Graybeard Crataegus marshallii spp, Parsley Native Hawthorne Ginkgo biloba Ginkgo/Maidenhair Tree (use male plants only) Halesia caroliniana Carolina Sil verbcll Halesia diptera Two-wing Silverbell Ilex spp. Holly/llex (arborescent species native to coastal Alabama) Juniperus virginiana Eastern Red cedar Juniperus silicicola Southern Red cedar Lagerstrocmia spp. Crape-myrtle (varieties over fifteen (15) feet tall at maturity) Magnolia spp. Magnolia (any species native to coastal Alabama plus arborescent deciduous oriental varieties) Nyssa ogeche Ogccche Gum Ostrya virginiana Eastern Hophornbeam Oxydcndrum arboreum Sourwood Persea borbonia Redbay Stvrax americanum American Snowbell Ulmus parvifolia Chinese Elm Sec. 20.5-15 Required Evergreen Plantings The following species are required for planting within the City of Fairhope. These species may be used in buffer zone landscaping. Other species that are recognized as suitable for this area may be used if approved by the City Horticulturist.
Ordinance No. 1444 Page-13-T ABLE INSET: Agarista oooulifolia Camellia spp. Cliftonia monoohvlla llex llex cassine Ilex myrtifolia Illicium floridanum lllicium oarviflorum M vrica ceri fera Osmanthus americanus Rhododendron spp. Viburnum soo. Fetterbush Camellia sasanqua, japonica, and related species. Buckwheat tree/Black Titi Hvbrids and soecies adapted to the Gulf coast DahoonHollv Myrtle Holly Florida Anise Star Anise Southern Bayberry/Wax myrtle American Olive/Devilwood Azalea (large evergreen species/varieties adapted to coastal Alabama) Viburnum (evergreen soecies adapted to northern Gulf coast) Sec. 20.5-16 Plants Not Supported By This Chapter The following plants arc exotic species, which are difficult to control, or otherwise WJSuitable for this area, and are not acceptable to meet any of the requirements for overstory trees, understory trees or buffer zone planting. TABLE INSET: Albizia iulibrissin Mimosa Ailanthus altissima Tree of heaven Cinnamonum camohora Camphor tree Ligustrum sinense Chinese Privet Melia azedarach Chinaberrv Pawlonia tomentosa Princess tree Triadeca sebi fera Chinese Tallowtree/Popcom Tree Additionally, all non-native species of bamboo (except those in the genus Bambusa) and all invasive exotic vines (such as Kudzu, Chinese Wisteria, Japanese Honeysuckle, and Air Potato) arc not acceptable. Sec. 20.5-17 Required Native Plants for Bio Retention/Detention Use 1)PlantsHelianthus angusqtifolius Swamp SW1flower Rudbcckia fulgida Orane.e Coneflower Juncus effuses Soft Rush Liatris spicata Blazing Star Muhlenbernia caoillaris Hairawn Muhlv Grass Stokesis laevis Stoke's Aster Iris virginica Virginia Iris Aristida bcyrichiana Wiregrass Osmunda cinnamomca Cinnamon Fern Osmunda regalis Royal Fem Thelypteris kunthii Southern Shield Fem Sisyrinchium angustifolium Narrow leaf Blue-eyed Grass Canna flaccida Bandanna of the Evere.lades Lyonia lucida Fetterbrush Lcucothoe axillaris Coastal Doghobble Myrica cerifera Wax Myrtle Ilex vomitoria Yauoon llex verticicillata Winterberrv Cyrill a racemi flora Titi
.S "O
Cl) .c .!'l ::i5 :,
oz <( C . u. 0 E 0 Ordinance No. 1444 Page-14-(2)ShrubsCliflonia monophylla Rhododendron austrinum Halesia dipteral Serenoa repens Sabal minor Black titi/Buckwheat tree Florida flame Azalea Two-win11: Silverbell Saw Palmetto Dwarf Palmetto or Blucstem Palmetto Sec. 20.5-18 Exhibit A "Best Management Practices -Managing Trees During
Construction" Fite, Kelby and E. Thomas Smiley. "Best Management Practices -Managing Trees During Construction" in ANSI A300 Part 5: Tree, Shrub. and Other Woody Plant Maintenance -Standard Practices (Management of Trees and Shrubs During Site Development. and Construction). (A copy is on file in the City Clerk's office) Severability. The sections. paragraphs. sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by a court of competent jurisdiction, then such ruling shall not affect any other paragraphs and sections, since the same would have been enacted by the municipality council without the incorporation of any such unconstitutional phrase, clause, sentence, paragraph or section. Effective Date. This ordinance shall take effect immediately upon its due adoption and publication as required by law. ATTEST: ADOPTED THIS 28TH DAY OF FEBRUARY. 2011 Mayor Kant did not sign Ordinance Timothy Kant, Mayor Passed after 10 day waiting period Per Code of Alabama Section 11 -45-4