HomeMy WebLinkAbout04-16-2009 Regular MeetingThe Tree Committee of the City of Fairhope met Thursday, April 16, 2009 at
3 :00 PM at the City Administration Building , 161 N . Section Street.
Present: Bobby Green , Chairman ; Membe,r s : Tom Ellis , Rick Kingrea , Maria
Gwynn , Skip Jones , Paul Fontenot. Jennifer Fidler, Public Works Director
and Horticulturist. Betty Rivenbark, Secretary. Absent: Jackie Frodsham
Paul Ripp and Jim Horner were present.
The minutes of the January 15, 2009 meeting were duly approved as
presented . Jennifer mentioned that the Tree Committee needed to make a
recommendation to the Planning Commission on their interpretation on
Landscape Buffers , so they knew what to tell developers . Bobby said it
needed to be clarified in several documents . Tom recommended we do this
by sending a memo of what we believe it should be, send to Jean Wilson ,
Chairman of Planning Commission. Further discussion was held on whether
we meant untouched or landscaped , there are different interpretations . It
was discussed saying "existing natural undisturbed buffers ". Bobby said he
will write something and send it to all to review and then send to the
Planning Commission . Skip Jones moved to do this , Maria Gwynn 2nd the
motion and it carried unanimously
Arbor Day -Jackie Frodsham had sent a report saying it was a great turn
out. The weather was perfect and the rain held off until after the seedling
giveaway . The Mayor gave out three Beautification Awards : Walcott ,
Adams & Vernu ille ; Dr . Peterson's Office on Greeno Road; Jade Consulting
Building at Edwards and Greeno Road . Jackie gave out nine Treasured
Tree Awards . She wrote the program is a combined effort of the City of
Fairhope Tree Committee and the Wisteria Garden Club . Jennifer said it
went well, gave out 1200 native trees. She said there were a couple of
vendors and Chris Francis did a tree seminar. She said the poster awards
were given out to the 5th graders.
Tom reported on the centennial tree program . Jennifer said it is completed
they have planted the last ones behind the library but the mapping is not
complete yet. Tom read a card from Edith Lawson 's daughter expressing
her appreciation for the program .
Kudzu Control -Tom reported that Bo Brodbeck will help and he will get in
touch with Auburn. Tom and Jennifer just need to pick a spot , they talked
about doing it down at the warehouse area but Jennifer pointed out that they
were trying to control erosion, needed to be aware of this .
Bobby gave a report on the Johnston complaint about wanting to cut a tree
on Fairhope Avenue across from the Intermediate School. He said the issue
is really the speed of traffic, he suggested Jennifer and Rick look at the tree
and see what they could come up with in possibly slowing down the traffic .
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Organization
Membership and Vice-Chair -Rick Kingrea reported on the number of
members and vice-chair and said that if we have a quorum you can take
action and record vote whether chair or vice-chair.
Ordinance and Procedures -Skip Jones said he and Mariah have set a date
for a meeting , Wednesday the 22 nd • and they will assemble changes into a
document and send to everyone.
Ordinance Language -Bobby Green gave a handout that he sa id he plans
to read to the City Council at the next City Council meeting which said ... The
Tree Committee including former members , councilmen Dan Stankoski and
Bob Gentle, plus current member (Kingrea) have concerns over the
interpretation and enforcement of the tree and landscape ordinance . With
this in mind, the Tree Committee is beginning a process of ordinance
revision to ensure the Planning & Zoning and Council approval of projects ,
including specific conditions of approval , are implemented . Discussion
followed , Rick Kingrea made the comment that one set of rules should apply
to all then come back if they want adjustments. Skip Jones said we need to
refine the Tree Ordinance and work with landscaping companies , that
developers want to know. Bobby said if no one had an objection he is going
to read the letter at the City Council meeting .
Plan Review -Bobby asked Jennifer and Paul Fontenot to work together in
reviewing plans before they go to Planning and Zoning Commission .
Jennifer said she could contact him when they come in .
Under old business the Regency -Publix site was discussed as to whether
they have done what required. Jennifer said she had a sketch and amended
their drawing and added requiring six live oaks , that have been planted , on
the property wh ich she feels satisfied the drawing requirement. She has
been out there and walked it and ok'd it. Bobby said that they had ignored
Tom 's letter. Tom said he does not feel that way since they have planted
the required six live oaks he feels that they have complied and it is a dead
issue . Paul said he feels they have done what asked of them . Further
discussion led to the suggestion of getting a current tree inventory and
have the Mayor send a letter to all parties , the state , regency , Corte , the
highway department and make sure they understand we have it so no
further removal will be made on the property . Skip Jones moved for this to
be done. Tom Ellis 2 nd the motion and it carried unanimously .
Under new business Earth Day -Tom said he needed some help with a
booth that they are going to have, need some poster board . Jennifer said
she would get some to him .
Paul mentioned to Jennifer that she needed to check on Shellbrook , that it
looked like some of the trees did not make it. She said she would .
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Jennifer Fidler left at 4 :00 PM
Mariah Gwynn asked to be heard and passed out to the Tree Committee
what she perceives as violations of the Tree Ordinance at the Publix site .
She said she feels the system is broke , how do we fix it. Discussion followed
on the perceived violations and the copy of a tree inventory that was
attached to the back of her papers. The committee reached a consensus
that it was unclear to them how the city had used or not used the required
tree inventory, which they said they had been told did not exist. Since
Jennifer Fidler had left the meeting there was no one to reply to the
violations stated or discussed . Rick Kingrea said he hopes all appropriate
procedures were followed . The committee voted with one abstention by
Rick Kingrea , to send a letter to Mayor Kant asking him to investigate the
use or lack of use of the tree inventory by the city during preliminary plat
approval of the project.
There being no further business , meeting was duly adjourned .
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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. Minimum qualifications shall include: Degree in
Ornamental Horticulture and/or Urban Forestry certification plus a Landscape Architecture license or
State-Certification in Landscape Design .
DBH: Diameter at 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, which are evaluated by the City
Horticulturist and the Fairhope Tree Committee to meet this chapter. (See section 20.5-5)
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 of Fairhope property. This includes city right-of-ways.
Recommended Tree: Any of the trees listed in Section 20.5.13 and 20.5.14, or others as approved
by the Fairhope Tree Committee .
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 submitted to both the
Fairhope Planning Commission and the Fairhope Tree Committee so the developer may be advised
prior to any clearing of the property.
Tree Credits: A means of crediting existing trees for trees that would have to be planted if existing
trees coul~ not be saved and protected as stated in this chapter.
Understory Trees: Trees which, at maturity are typically 10-30' in height.
(Ord. No .1193, §App. I, 11-10-03; Ord. No.1351, 1-28-08)
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Sec. 20.5-13. Recommended Overstory Trees
The following species are recommended 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 costal Alabama (Baldwin, Escambia, and Mobile Counties) are preferred .
TABLE INSET:
Acer barbatum Southern Red Maple
Betula nigra River Birch
Carya spp. Hickory (any species native to coastal Alabama)
Celtis laevigata Hackberry/Sugarberry
Fagus grandifolia American Beech
Fraxinus spp. Ash (any species native to coastal Alabama)
Liquidambar styraciflua Sweetgum/Redgum
Liriodendron tulipifera Yellow-poplar/Tulip-poplar
Magnolia grandiflora Southern Magnol ia
Nyssa sylvatica Blackgum
Quercus spp. Oak (any arborescent species native to coastal Alabama)
Pinus spp . Pine (any species native to coastal Alabama)
Taxodium ascendens Pond cypress
Taxodium distichum Bald cypress
Ulmus alata Winged Elm
(Ord. No.1193, §App. II , 11-10-03)
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Sec. 20.5-14. Recommended Understory Trees
The following species are recommended 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 of Fairhope
Horticulturist. Species native to coastal Alabama (Baldwin , Escambia and Mobile Counties) are
preferred in most cases.
TABLE INSET :
Amelanchier aboreum Downy Serviceberry
Carpinus caroliniana American Hornbeam
Chamaecyparis 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 Silverbell
Halesia diptera Two-wing Silverbell
llex spp . Holly/llex (arborescent species native to coastal Alabama)
Juniperus virginiana Eastern Red cedar
Juniperus silicicola Southern Red cedar
Lagerstroemia 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 Ogeeche Gum
Ostrya virginiana Eastern Hophornbeam
Oxydendrum arborel um Sourwood
Persea borbonia Redbay
Styrax americanum American Snowbell
Ulmus parvifolia Chinese Elm
(Ord . No. 1193, App . Ill, 11-10-03)
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Chapter 20.5 TREES AND LANDSCAPING*
*Editor's note: Ord . No. 1193, §§ 1-X, adopted Nov. 10, 2003, repealed the former Chapter 20.5 §§
20.5-1-20.5-10, and enacted a new Chapter 20 .5 as set out herein. The former Chapter pertained to
similar subject matter. For complete derivation see the Code Comparative Table at the end of this
volume .
Cross references: Weeds and brush, § 12-10 et seq .; streets and sidewalks, ch. 19 restricted
access way requirements in special areas, § 19-67.
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 are 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.
(Ord. No. 1193, § I, 11-10-03)
Sec. 20.5-2. Establishment and Duties of the Fairhope Tree Committee.
The Fairhope Tree Committee was originally established per Ordinance 747 and amended per
Ordinance 998 to determine and make recommendation to the mayor and council on the needs of
the municipality in connection with its tree planting program; to recommend the type and kind of
trees to be planted upon municipal streets, parks and other public places within the municipality; to
assist the mayor and council in the dissemination of news and information regarding the protection,
maintenance, removal and planting of trees on public property and, where requested , by the owner
on private property; to meet with the city planning and zoning commission and give advice in the
formulation of said plan; to 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; to examine trees proposed to be removed or destroyed upon private property, except
on single family lots; to 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.
(1) Membership. The mayor, with the concurrence of the city council, shall appoint on this
committee one (1) member of the council. The city horticulturist and the mayor shall serve as
advisory members. The term of the council member shall expire on the date that a newly-
elected council shall take office. In addition, the mayor shall appoint, with the concurrence of
the council, eight (8) additional persons in the City of Fairhope; two of which shall be
appointed for a one-year term , two (2) of which shall 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 appointed to serve for a period of three (3) years and thereafter until their
successors are appointed and qualified.
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(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 be
necessary to fulfill this ordinance. In addition, meetings may be called by the mayor, by the
one (1) council member, the chair or vice chair, or by three (3) of the eight (8) other
members , after giving not less than five (5) business days notice of the date , time and place
of the special meeting .
(4) Duties and Powers. The duties and powers of the Fairhope Tree Committee are as
follows :
a. Make recommendations to the mayor and council on the city's tree and planting
protection programs.
b. Provide public forums and educational outreach programs c oncerning city
development and landscaping .
c. At the request of the city horticulturist, rev iew site development plans and advise the
city horticulturist regarding tree protection and landscaping prior to site clearing of
any kind.
d. At the request of the city horticulturist, review landscape plans and either issue or
deny approval , based upon guidelines of th is chapter.
e. At the request of the city horticulturist, review applications for tree pruning or removal
permits.
f . Suggest amendments and improvements to this chapter when deemed necessary.
(5) Rules of Procedure. The Fairhope Tree Committee shall observe the following
procedures :
a . Decisions of the Fairhope Tree Committee will be based on a majority approval of
five (5) (4) of the eight (8) appointed members .
b. The Fairhope Tree Committee shall elect one (1) of its members as chairman and
one member as vice chairman . Each shall serve for one (1) year or un t il he/she is re -
elected or his/her successor is elected .
c . All meetings of the Fairhope Tree Committee shall be open to the public .
d . The Fairhope Tree Committee shall keep m inutes of its proceed ings showing the
vote of each member upon questions , or if absent, failing to vote , indicating such
fact, 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.
(Ord . No .1193, § II , 11-10-03 ; Ord . No . 1351 , 1-28-08)
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Sec. 20.5.3 Planning Submission Steps for Approval
(1) Submission of a Landscape Site Plan. A landscap e sit e plan must b e submitted
for revi ew and acceptanc e by both the city horti culturist and Planning and Building
Director or hi s/her authori zed designee. A landscape site plan shall consist of the
following:
a. 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 or his/her authorized designee
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 ".
b. A full 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.
ii. 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 easements on or adjacent to the
building site ; road rights-of-way ; required setbacks; location of proposed
parking spaces; location of existing or proposed sidewalks .
iii. 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 .
iv . The location(s) and dimension(s) of the proposed landscape area including
descriptions and locations of new trees and plant materials to be placed within
landscape area(s).
v. 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 reta ined 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 are 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.
vi. Statistics verifying that the minimum landscaping percentages set forth under
this ordinance are met.
vii. Location , type and design of any proposed irrigation system(s).
viii. Location and species of all existing buffer zone vegetation .
ix. 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.
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(2) Staff Review of the Landscape Site Plan.
a . The city horticulturist will review the full landscape site 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. A revised plan may be
resubmitted for evaluation and shall be reviewed according to the same procedures
as the initial submission .
b. The city horticulturist 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 shall notify the developer in writing and specify a definite period for
completing the review.
c. 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. In the extended absence of the city horticulturist, his/her
authorized designee may make decisions on his/her behalf.
d. The city horticulturist is empowered to consult with a Certified Arborist on large and
complex site plans . If the city horticulturist 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
a. A building permit will not be issued unless accompanied by a Certified Landscape
Plan that has been approved by the city Horticulturist.
b. If proposed construction changes cause alteration in the landscape site plan , a
revised plan must be submitted to the city planner and to the city horticulturist for
reevaluation .
c. Once the approved landscape plan has been implemented on the site , the city
horticulturist must be contacted for an on-site inspection. The city horticulturist
normally 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 shall notify the developer in writing of a specific
date for completiQ!].a the re-inspection. The owner will be Stipplied a sl 1m t la1 ,dscape
9oals Hst expectiffd buffeFe -k> ~ maintain$1 and allowed to grow to the maturity
intended by this ordinance . ~ 1Mill be tho rospoRsibility of ti ,e 0't't'Acr to Mtify
-lacGscape l"I ,0iAteA0Ree flFA1S of U'IOSC cxpeclatioRS .
d . 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.
e . An occupancy permit will not be issued until the submitted and approved landscape
plan has been implemented .
20 .5.1 (Ord . No . 1193 , § 111 , 11-10-03 ; Ord . No. 1223, 8-9-04 ; Ord. No . 1351 , 1-28-08)
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20.5-4 General Landscape Requirements.
(1) Applicability. All rules, regulations, and requirements set forth in this section are
applicable to the following:
a . Any new development or construction, except single family residences and
development or construction in the Central Business District (without off-street
parking) that falls within the planning jurisdiction of the City of Fairhope . This
includes all public use buildings (i.e . churches, schools, clubs , etc .) as well as city
and private property.
b. 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 requir~d 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.
c. 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.
a. 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.
b. 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 Adjacent to Public Right-of-Way.
a. 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 .
b. Secondary perimeter-except at permitted 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 .
c. 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 .
d. 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 (10) linear
feet, or fraction thereof, of screen .
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(5) Perimeter Landscaping. The front setback must contain at least one (1)
recommended 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 (1) recommended overstory tree for every thirty (30)
feet of remaining outside lot perimeter, or any portion thereof and one (1) recommended
overstory or understory 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 (10) 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.
In addition to the foregoing , for parking lots designed to accommodate large volumes of
parking such as shopping centers , the following requirements shall apply:
a. 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 .
b. 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 .
c. At least one (1) 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.
d. 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 storm water
management (such as rain gardens) may be approved by the city
horticulturist.
(5) 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 (1) 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-bui lt developed areas . At least fifty
(50) percent of such cover must be living vegetation .
(9) Cross-Visibility. At the corner of each side of permitted points of access from public
right-of-way , or at corners of intersecting streets , landscaping shall be so planted and
maintained as to provide unobstructed visibility between the heights of two and one-half (2
1/2) feet and ten (10) feet within an area defined by constructing lines parallel to and twenty-
five (25) feet from the point of intersection of curb lines projected.
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(10) 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.
(11) Buffer Zone Landscaping.
a. Incompatible land use buffers . On any commercial, industrial , planned unit
development (PUD) (as approved by the city council) or multi-family development
(except duplexes) adjacent to or abutting a residential zoning district, a buffer strip
along the incompatible property line(s) of the developing property is required . The
buffer shall run the entire length of the abutting lot line(s) and be at least ten (10) feet
wide. Under no circumstances shall this buffer impair vehicular flow. The type of
buffer may consist of any or all of the following :
b. An opaque fence not less than eight (8) feet in height, with horizontal or vertical
openings not greater than three (3) inches per one (1) linear foot and a four-foot wide
strip of Evergreen Plantings (section 20 .5 .15) which will grow to at least six (6) feet in
height within three (3) full growing seasons on the inside of the fence , or;
c. A staggered double row of Evergreen plantings at least six (6) feet in width, and at
least six (6) feet in height at the time of planting. Plants shall be spaced in a manner
to provide a nearly impervious visual barrier. At no time should the plants be pruned
to a height below six (6) feet.
d . Natural undisturbed forest, which provides a nearly impervious visual barrier due 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) feet in width . The only permitted
removals within this buffer will be exotic invasive plants such as those listed in the
appendix.
e. Parking lot buffer zones. Paving shall not be placed closer than ten (10) feet to any
property line . The property line shall be buffered with a landscaped strip of at least
ten (10) feet in width . Many properties in the CBD are exempt from this requirement,
due to zero lot line development provisions in the Zoning Ordinance. Whenever an
applicant for a building permit in the CBD chooses not to build a parking lot up to a
property line a buffer shall be installed. The City Horticulturist shall review and
approve all parking lot buffer areas in the CBD .
f. Screening of storm water detention/retention areas . Storm water detention/retention
areas are hereby declared to be incompatible uses and shall be screened from direct
view from all abutting properties by installation and maintenance 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 not less than six (6) feet in three (3) years after
planting. Outer slopes of detention shall not be steeper than four (4) feet horizontal
to one (1) foot vertical. Where water depth and time of detention is sufficient to
require safety fencing, such fencing shall be installed behind required screening, on
the ond side . The city horticulturist may waive all or part of this requirement for
detention areas tha are shall (less than two (2) feet deep) and maintained in
permanent living grass cover. The City of Fairhope promotes the use of bio-retention
ponds for water detention/retention areas . Requirements for fencing and screening
are waived for qualified bio-retention areas approved by the City Horticulturist.
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(12) Planting Requirements. Any trees planted to meet this ordinance must meet the
American Standards for Nursery Stock and the following requirements:
a. Overstory trees must have an initial caliper diameter of at least two (2.0) inches and
must be at least ten (10) feet in height.
b. Understory trees must have an initial caliper diameter of at least one and half (1.5)
inches and be at least eight (8) feet in height.
c. 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.
d. Trees must be obtained from a reputable source. Trees that have been dug in the
wild will not be accepted.
e. 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.
f . Any vegetation planted or retained to fulfill this ordinance, which dies, becomes
damaged or diseased, and 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
20.5.9).
(13) Tree Credits. A major goal of this ordinance is to protect existing trees. Therefore,
incentives are 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-4.5 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 20.5.14 will not receive credit towards fulfilling this
chapter.
(14) 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 A venue, Gayfer Road, Gayfer Road Extension,
Fairhope Avenue, Morphy Avenue, Nichols Avenue, Middle Street, Twin Beech Road and
County Road 32.
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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, Gayfer 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,
are 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 greenspace shall be landscaped
as follows :
i) 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:
ii) For front facing structures, the reserved area may be :
iii) Left in its natural state ;
iv) Natural growth retained , but enhanced with addition of trees and shrubs;
Sec. 20.5-5. Special Provisions for City Properties and Utility Rights of Way.
(1) City Right-of-Way. The city horticulturist (or appointed staff) shall have the right to plant,
prune, maintain and remove trees, plants, and shrubs within the city rights-of-way and all
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. However, the city
horticulturist and/or Fairhope Utilities Board must obtain proper permission from the Fairhope
Tree Committee prior to removal of any Heritage tree unless the Heritage tree is diseased or
represents a public hazard .
(2) City Owned Property. Development of any city owned property must adhere to this
chapter.
(3) License Required. It shall be unlawful for any person, individual, corporation, institution,
or agent of such to engage principally in the business or occupation of pruning , fertilizing, or
removing trees within the planning and zoning jurisdiction of the City of Fairhope without first
applying for and procuring the appropriate business license from the City of Fairhope.
(4) Unlawful Removal. It shall be un lawful to remove, prune, or otherwise damage any tree
on public property or the right-of-way without written approval from the city horticulturist.
(5) Contractor Requirements. All work on city property covered under this ordinance must
be performed by a licensed , bonded, and insured contractor under the direct supervision of a
certified arborist.
(6) Permits. Public utilities that perform routine tree maintenance operations must apply for
an annual permit.
(7) Standards. All routine pruning of trees on city owned property and city maintained utility
easements must conform to standards set forth by the International Society of Arboriculture
and the National Arborist Association . Routine pruning shall be based on a maximum three -
year rotation.
(8) Permitted Removals. The city horticulturist may grant permission for the removal of
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trees on city-owned property when removal is in the public interest or when the city
horticulturist deems it possible to make reasonable mitigation that will maintain the city's
landscapes. Restitution may include planting trees on city property at any location the
horticulturist designates or providing replacement funding to be used solely for tree planting
within the city. Expenditure of such funds will be under the direction of the city council and
administered by the city horticulturist. (see section 20.5-7).
(9) State of Emergency. In the event of a State of Emergency being declared, permits will
not be required for emergency pruning or removal of hazardous trees as long as the work is
supervised by a Certified Arborist and the process is well documented with digital
photographs.
(Ord. No. 1193, § IV, 11-10-03; Ord. No . 1351, 1-28-08)
Sec. 20.5-6 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-1 a, R-1 b, R-1 c, R-2,
R-3 and R-3 PGH . Please see Appendix A (Managing Trees During Construction).
(1) A "Heritage Tree" is defined as any living tree (overstory or understory) with a
stem diameter that exceeds twenty (20 .0) inches. Such diameter will be measured at
four and one-half (4 1/2) feet above ground level in the case of single-stem trees or
as the sum of stem diameters at four and one -half (4 1/2) feet above the ground
level in the case of multi-stemmed trees. Heritage trees are protected under this
ordinance and cannot be cut, pruned or otherwise intentionally harmed without
express written permission of the city horticulturist.
(2) Any person wishing to remove or relocate a Heritage tree shall, under the
provisions of this section, make written application with the city horticulturist. The
application shall include a landscape plan (as defined above). The city horticulturist
must approve or deny the permit within fourteen (14) working days after receipt of
the application.
(3) All tree removal will be at the property owner's expense except for (1) trees on
the city right-of-way which are diseased, injured, in danger of falling close to existing
structures, or which create unsafe vision clearance, the removal of which shall be
funded by the city; or (2) trees beneath utility lines which threaten to damage the
utility line, the removal of which is the duty of the utility company.
(4) Criteria for issuance of a tree removal permit.
a. The tree is located in an area where a structure or improvement will be placed
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 unsafe vision 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 to government programs
for financing the construction.
d. A permit may be denied if the tree is considered vital to the natural heritage of the
City of Fairhope and/or the Fairhope Tree Committee determines that reasonable
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alternatives to cutting the tree exist.
(5) Development on parcels shall comply with the following requirements to protect
Heritage trees and other trees that are to be retained for landscape credit on the
applicant's parcel :
a. Protective barricades shall be placed around all retained trees, to create a protective
radius, and shall remain in place until land alteration, site clearing , and construction
activities are complete. Barricades for the protective radius shall be erected with a
minimum distance of twenty (20) feet from the trunks of Heritage trees and ten (10) feet
of other retained trees. Barricade shall consist of chain link fencing with signage. No
entry, storage, temporary parking, or disturbance will be allowed within the barricade . 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 installing underground utilities. If this
results in unreasonable hardship, a soil auger shall be used to tunnel under the tree
roots .
c. Installation of protective barriers, fences, posts or walls shall not destroy or irreversibly
harm the root systems of protected trees . Footers for walls shall end at the point where
large roots are encountered, and the roots shall be bridged. 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 be severed
cleanly at the perimeter of the protected radius .
e. A protective dry well and drainage/aeration system shall be provided where a retained
tree would be adversely affected by raising the grade at or beyond the perimeter of the
protected radius.
f. A protective retaining wall shall be constructed at or beyond the perimeter of the
protective radius where a retained tree would be adversely affected by lowering the
grade.
g. Paving base placement within the outside five (5) feet of the protective radius may be
approved by the city horticulturist, provided that effective pervious material/design is
used . Such pervious material must be placed on grade, to reduce root system damage .
h . Structural foundations may be located at a distance of five (5) feet from the trunk of a
retained tree, provided an effective pervious area radius is extended proportionally in
three (3) other directions to allow a minimum of four hundred (400) square feet of
pervious area . Additiona lly the guidel i nes in appendix "A " shall be a part of this
ordinance .
(Ord . No. 1193, § V , 11-10-03; Ord . No. 1223, 8-9-04 ; Ord. No .1351, 1-28-08)
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Sec. 20.5-7. 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.
(Ord . No . 1193, § VI , 11-10-03)
Sec. 20.5-8. Exotic Invasive Trees
Those trees listed in 20 .5-16 will a lways be permitted for removal. When removed w ith in any
described buffer zones, permitted removal must be performed without distubing surrounding
vegetation and with proper permit.
Sec. 20.5-9. Fees, Fines, etc.
All fines and fees collected will be used exclusively to plant new trees within city parks and right of
ways . Such monies shall be kept in a separate fund and administered by the City Horticulturist.
(1) Fines/Penalties Violators of the terms of this ordinance may be cited to municipal court
by means of a municipal offense ticket issued by any authorized enforcement officer of the
city . Such violators may also be brought before the court on issuance of complaint and
arrest summons by any such officer. Upon conviction of any provision herein , a violator shall
be subject to a maximum fine as allowable by statute and/or a sentence to the city jail, not to
exceed six (6) months, at the discretion of the municipal judge . Upon a second or
subsequent conviction , the violator shall be subject to the minimum in the city jail of three (3)
days and a maximum sentence of six (6) months . The municipal judge shall have the
discretion to allow community service in lieu of jail time at the rate of five (5) days
community service for every one (1) day of jail time .
(2) Restitution.
a. Persons who are convicted of causing intentional injury or harm to any tree on city
property or on public rights-of-way will be required to make restitution to the City Tree
Fund in the following amounts :
$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
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b.When the city horticulturist gives approval for removals of trees on city property or
public right-of-way, the person requesting such approval may be required to make
payments to the City Tree Fund 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
$1 ,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
$10,000.00 for each tree 30.0 plus inches DBH
When only stumps are available for measurement, stump top diameter rather than DBH shall
apply.
Any of the fees 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.
(Ord . No. 1193, § VII , 11-10-03 ; Ord . No .1351, 1-28-08)
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.
(Ord. No. 1193 , § VIII , 11 -10-03)
Sec. 20.5-11. Interference.
No person shall hinder, prevent, delay or interfere with the city horticulturist, Fairhope Tree
Committee, 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.
(Ord . No . 1193, § IX, 11 -10-03)
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Sec. 20.5-15. Recommended Evergreen Plantings
The following species are recommended 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.
TABLE INSET:
Agarista populifolia Fetterbush
Camellia spp. Camellia sasanqua, japonica, and related species.
Cliftonia monophylla Buckwheat tree/Black Titi
llex Hybrids and species adapted to the Gulf coast
llex cassine Dahoon Holly
llex myrtifolia Myrtle Holly
lllicium floridanum Florida Anise
lllicium parviflorum Star Anise
Myrica cerifera Southern Bayberry/Wax myrtle
Osmanthus americanus American Olive/Devilwood
Rhododendron spp. Azalea (large evergreen species/varieties adapted to coastal
Alabama)
Viburnum spp. Viburnum (evergreen species adapted to northern Gulf coast)
(Ord. No . 1193 App. IV, 11-10-03)
Sec. 20.5-16. Plants Not Supported By This Chapter
The following plants are exotic species, which are difficult to control, or otherwise unsuitable 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 julibrissin Mimosa
Ailanthus altissima Tree of heaven
Cinnamonum camphora Camphor tree
Ligustrum sinense Chinese Privet
Melia azedarach China berry
Pawlonia tomentosa Princess tree
Triadeca sebifera Chinese Tallowtree/Popcorn 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) are
not acceptable.
(Ord. No. 1193, App. V, 11-10-03)
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Sec. 20.5.17 Recommended Native Plants for Bio Retention/Detention Use
(1) Plants
Helianthus angusqtifolius Swamp Sunflower
Rudbeckia fulgida Orange Coneflower
Juncus effusus Soft Rush
Liatris spicata Blazing Star
Muhlenbergia capillaris Hairawn Muhly Grass
Stokesis laevis Stoke 's Aster
Iris virginica Virqinia Iris
Aristida beyrichiana Wiregrass
Osmunda cinnamomea Cinnamon Fern
Osmunda regalis Royal Fern
Thelypteris kunthii Southern Shield Fern
Sisyrinchium angustifolium Narrowleaf Blue-eyed Grass
Canna flaccida Bandanna of the Everqlades
(2) Shrubs
Lyonia lucida Fetterbrush
Leucothoe axillaris Coastal Doghobble
Myrica cerifera Wax Myrtle
llex vomitoria Yaupon
llex verticicillata Winterberrv
Cyrilla racemiflora Titi
Cliftonia monophylla Black titi/Buckwheat tree
Rhododendron austrinum Florida flame Azalea
Halesia diptera Two-wing Silverbell
Serenoa repens Saw Palmetto
Sabal minor Dwarf Palmetto or Bluestem Palmetto
S uggest language as in Planning guidel ine s in dicat ing plural and s ingu lar being equal.
Appendicies:
Appendix A: 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.
18