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HomeMy WebLinkAboutRESOLUTION NO. 2012-17 RESOLUTION NO. 2012-17 RESOLUTION ESTABLISHING THE CITY OF FAIRFAX'S TREE POLICY WHEREAS,the City Council of the City of Fairfax, Iowa, has interest in establishing a Tree Policy for tree issues in any right-of-way,park, or public place; and WHEREAS, the City Council authorizes the City Building Inspector or designee, to enforce said Tree Policy; and WHEREAS,the Tree Policy is attached. BE IT RESOLVED, by the City Council of the City of Fairfax, Iowa, to approve the attached Tree Policy. NOW, THEREFORE,BE IT FURTHER RESOLVED,by the Fairfax City Council of the City of Fairfax, Iowa, that the Mayor and City Clerk/Treasurer are hereby authorized and directed to execute said resolution. Passed and approved this 13`h day of March, 2012. AYES: Beer,Frieden, Otto, Magers, and Wainwright NAYS: None Jasonabe, Mayor ATTEST: �`J'v4jo Cyn a Stimson, City Clerk/Treasurer CITY OF FAIRFAX TREE POLICY March 13, 2012 1. ENFORCEMENT The City Building Inspector,or designee, shall have the power to enforce the following City of Fairfax Tree Policy. 2. PERMIT No person shall plant,move, spray, fertilize,brace,trim, cut or otherwise disturb any tree or shrub in any right-of-way,park,or public place without first obtaining a written permit from the City of Fairfax. An application for said permit shall be obtained from the City Clerk's office. The application shall describe the work to be done,the species, sizes, and locations of the trees or shrubs. The permit shall be issued by the City Building Inspector if the application is found to be complete and in compliance with all applicable laws and policies. Any permit may be declared void if its terms are violated. 3. MAINTENANCE A permit is not required for the trimming or maintaining of shrubbery growing on any right-of-way, park, or public place if such shrubbery does not constitute a public nuisance. 4. OTHER MATERIAL No person shall place or maintain upon any right-of-way,park, or public place any material which will impede the free passage of water, air, and fertilizer to the roots of any tree or shrub growing therein, except by permission of the City of Fairfax, or when such materials are designed for the construction of sidewalks, gutters, or other public improvements, and have been placed under a permit granted by the City of Fairfax. 5. DAMAGE AND ELECTRICAL WIRE No person shall break, deface,injure,or destroy any tree or shrub in any right-of-way, park, or public place. No person shall knowingly permit any leak to exist in any gas pipe or main within the root zone of any such tree or shrub. No person shall knowingly permit any wire designed to carry electric current to come in contact with any such tree or shrub unless protected by approved methods. Whenever the City Building Inspector or designee determines it is necessary to prune or remove any tree or shrub, and the Inspector feels that an electrical service wire is preventing this from being accomplished safely,the Inspector shall serve written notice on the owner of such wire and the owner shall comply with such order within 24 hours after service of the notice. 6. TREE SPACING AND SIZE REQUIREMENTS ® 40' between trees 20' from intersections • 10' from driveways and alleys • 8' minimum height • 2" diameter minimum size at the base for a large shade tree • 1.5"diameter minimum size at the base for a small tree • 4' minimum area between the tree and the street as well as the tree and the sidewalk • Adjustments for good reasons may be allowed only after consultation with and approval from the City Building Inspector 7. NEW HOME CONSTRUCTION/FINAL OCCUPANCY CERTIFICATE CRITERIA A tree needs to be planted either in the public right-of-way in front of each single-family or two-family residential use structure or the structure's front yard,according to this policy,before a final occupancy certificate is issued. After the tree is planted, contact the City of Fairfax for inspection. Paperwork verifying tree species shall be required to be shown to the Inspector. 8. TREE SPECIES RECOMMENDED The following is the list of the tree species that are recommended for placement in any right-of-way,park, or public place. The City of Fairfax reserves the right to amend this list at their discretion. Large Trees (Over 40') to be Planted on 40' Spacing—Minimum 2" Caliper at the Base— (Clean, Strong, Long-lived Species) • Elm Hybrids • Ginkgo—Columnar varieties particularly desirable—(Male cultivars only) • Hackberry • Honeylocust—Skyline • Kentucky Coffeetree • Maple—Black, Schwedler Norway, (Norway,Red and Sugar—Columnar varieties particularly desirable) • Oak—White,Northern Red, Swamp White,Bur • Tulip Tree • Sycamore Small Trees (12' —30') to be Planted on 20' Spacing—Minimum 1.5" Caliper at the Base - (For use under utility lines) • Amur/Hedge Maple • Crabapple varieties—Columnar varieties particularly desirable • Eastern Redbud • Hawthorn Species • Hop Hornbeam • Japanese Tree Lilac • Ornamental Pear • Sargent Cherry • Serviceberry 9. PROHIBITIED TREES The following is the list of the tree species that are prohibited for placement in any right- of-way,park, or public place. The City of Fairfax reserves the right to amend this list at their discretion. TREE SPECIES PROHIBITED ALONG CITY STREETS, PARIS, AND PUBLIC AREAS (Short Lived, Weak Wooded, Site Obstructions, Excessive Mess) • Ash(All species and cultivars) • Birch Species (Including River,White,Paper Birch, and others) • Boxelder • Catalpa • Conifers—(Evergreens) • Cottonwood • Fruit&Nut bearing over I" • Ginkgo—(Female cultivars only) • Magnolia • Maple—Autumn Blaze and Silver • Mulberry • Pin Oak • Poplar- (Populus species) • Siberian Elm • Tree of Heaven • Willow 10. ADDITIONAL COMMERCIAL PROPERTY REGULATIONS FOR LANDSCAPING, BUFFERING, AND SCREENING All development shall comply with the landscaping, buffering, and screening provisions in this section, as applicable. In addition, some land uses are subject to more extensive landscaping requirements, as set forth by the city building code. In the event of any conflict between two (2) or more requirements in this policy related to landscaping, buffering,or screening,the stricter provision shall apply. A. Intent Landscaping and buffering are essential design elements that must be included as part of new development and expanded development of existing properties. Landscaping and buffering standards are designed to provide for flexibility in meeting the intent of this section, to recognize the additional site constraints that often accompany development or redevelopment in the Core Area, and to allow timely review and approval of development proposals. B. Applicability 1. Land Uses a. Single and Two Family Residential Uses—Follow Tree Policy Standards 1-9. b.Multi-Family and Non-Residential Uses—Follow Tree Policy Standards 1-10. 2. Types of Activity The provisions of this policy shall apply when the following types of activity take place: a.New development-Requirements apply to both principal and accessory structures. b. Major renovation of an existing building that includes significant site modification. c. Construction or reconstruction of parking lots with twenty(20) or more parking spaces. In the case of parking lot reconstruction these requirements will only apply if there are significant changes to the parking space layout and/or access drives. Resurfacing or repaving of an existing lot with no other significant changes shall not be subject to these standards. 3. Exemptions The landscaping and buffering standards shall not apply for golf course, park, cemetery, and nursery development. C. General Landscaping Standards Where landscaping,buffering, or screening is required, it shall meet the following standards: 1.Landscaping Plan Required Landscape plans shall be provided for each phase of development review and building permit processes, and each such plan shall provide landscaping, buffering, and screening meeting the requirements of this section. Landscaping plans shall be submitted with the initial submittal, and detailed landscape plans shall be provided for building permit plan check. Landscaping plans may be combined with other elements of Site Plans required by this City Tree Policy. Each landscaping plan shall be reviewed by the City Maintenance Department to determine consistency with the requirements of the City Tree Policy. 2. Plant Materials All plant materials included in required landscaping shall be suitable for Iowa climate and the site characteristics as identified and approved by the City Staff. A listing of suggested plant materials shall be maintained by the City Clerk to assist in plant selection. 3.Avoidance of Visual Clearance Areas Location of trees and shrubs shall be designed to avoid all required Visual Clearance Areas and to meet city requirements regarding distance from utility lines and underground utility easements. These factors shall be discussed with City Staff as part of the conceptual landscape plan review. 4.Installation,Maintenance and Replacement All landscaping and buffering elements (both living and non-living) shall be installed in a manner consistent with sound landscaping practice and permanently maintained in good condition or replaced as necessary by the property owner. In the event said required plant materials die, or become unsightly, as determined by the City Staff, such materials shall be replaced by the property owner upon notification by the city. Replacement materials shall be installed within a reasonable time based on the time of year and availability of suitable plant materials,but in no event later than six (6)months after notification by the City. D. Landscaping Required For all multi-family and non-residential properties the following requirements apply. 1. Buffer-yards a. When a lot is located adjacent to a Residential zone district, a buffer-yard shall be required. The required yard depth shall be either that required for the district in which the property is located, or that required for the adjoining residential district, whichever is greater, and shall be provided along the adjoining residential lot line. Buffer-yards are required when two districts of different types are adjacent to each other, and the different character or scale of development in the two districts may create adverse impacts on the less intensive or more restricted district. The less intensive or more restricted district is referred to as the Protected District, and is the district intended to benefit by the required buffer-yard (a) shall be required where the primary structure being developed is located within one hundred (100) feet of the Protected District and (b) shall'include design elements adequate to provide effective visual and noise buffering from adjacent properties with consideration of existing topography and site conditions. b. Existing topography and vegetation shall be included in the design of the buffer-yard to the maximum extent feasible, as approved by the City Staff. Retention of existing mature trees with at least a five (5) inch diameter at base shall be considered in meeting the requirements of this section, and may reduce the amount of new buffer elements required by an equal amount, as approved by the City Staff. The following standards provided in the buffer-yard options identified may be used in combination to meet the intent of this section. c. Rear Buffer-yards. Where a buffer-yard is required along a rear lot line, the buffer-yard shall have a minimum depth of twenty-five (25) feet and shall meet the requirements of one or more of the following options. Elements from different options may be combined, provided that the degree of buffering equals that of one of the options listed. All buffer-yard areas shall include living ground cover with non-living materials permitted not exceeding twenty-five percent(25%) of the total landscaped area. (I)Live Screen Option Applicants may use (i) four (4) evergreen trees, two (2) flowering trees, and ten (10) shrubs per 100 feet of linear distance (evergreen shrubs to be spaced at five (5) feet on center with a minimum mature height of five (5) feet) or (ii) fifteen (15) large deciduous shrubs (refer to suggested shrub list)per 100 feet of linear distance,planted in a staggered double row. (II)Fence Option Applicants may use a solid six (6) foot high wall or fence with two (2) evergreen trees, two (2) flowering trees, and five (5)large shrubs per 100 feet of linear distance. (III)Berm Option Applicants may use a minimum twenty-five (25) foot rear bufferyard with berming not to exceed 1:3 slope, three (3) large evergreen trees, two (2) flowering trees per 100 feet of linear distance, and sufficient evergreen shrubs with a combined height(berm and mature shrub) of five (5) feet to form a continuous screen within three (3) years of planting and/or sufficient deciduous shrubs with a combined height of five (5) feet to form a continuous screening within three (3) years of planting. d. Side Buffer-yards. Where a buffer-yard is required along a side lot line, the buffer-yard shall have a minimum depth of fifteen(15) feet and shall meet the requirements of one or more of the following options. Elements from different options may be combined, provided that the degree of buffering equals that of one of the options listed. All buffer-yard areas shall include living ground cover with non-living materials permitted not exceeding twenty-five percent (25%)of the total landscaped area. (1)Evergreen Screen Option Applicants may use four (4) evergreen, two (2) flowering trees, and ten (10) evergreen shrubs per 100 feet of linear distance. (II)Deciduous Screen Option Applicants may use four (4) evergreen, two (2) flowering trees, and fifteen (15) large shrubs per 100 feet of linear distance. (III)Fence Option Applicants may use a solid six (6) foot high wall or fence with two (2) evergreen trees, two (2)flowering trees, and five (5) large shrubs per 100 feet of linear distance. 2. Screening In addition, unless separated by a street, public alley, or by an intervening lot, no nonresidential structure shall be located less than one hundred (100) feet from a residential district unless the structure is effectively screened from the residential district. Screening shall consist of a wall, solid opaque fence or appropriate plant materials that are between five-and-one-half(5.5) and six (6) feet in height. If plant materials are used for such screening, they may exceed six (6) feet in height at maturity; they shall be a minimum of three (3) feet in height immediately after planting and pruning; shall be composed of plants approved for such use by the City Staff; and they shall be installed in such a manner to assure effective year-round visual screening. All walls, fences or plant material screens shall be maintained in such a manner to assure a continuing year-round effective visual screen and cause no adverse impact to adjoining properties due to lack of proper maintenance. Berming may be used in conjunction with fencing or plantings to provide the required screen, however no side slope shall be steeper than three-to-one (3:1), unless approved by the City Staff. 3. Street Trees/Groundcover in Public Rights-of-Way a. Requirement. All public street right-of-way bordering a property shall be planted with trees and living groundcover as provided in this section and as approved by the City. The location, size, and number of trees within the right-of-way may be modified if the City determines that the character and location of improvements within said right-of-way is not suitable for such tree locations. All such areas shall include living groundcover. b. Street Trees for Multi-Family and Non-Residential Uses Street trees for lots with multi-family and non-residential uses shall include large shade trees with a minimum size of two (2) inch diameter at base planted at forty (40) foot spacing unless the species approved requires a wider spacing. The specific location and type of tree shall be approved by City Staff based on the character of the right-of-way including overhead and underground utilities, required clear zones, and necessary vehicle site distances. Small shade trees may be substituted for large shade trees if deemed necessary due to location of overhead utility lines. E. Parking Lot Landscaping All parking lots shall include landscaping and trees located within the parking area as required by this section. It is the objective of this section to provide shade within parking areas and break up large expanses of parking lot paving. 1. Trees Required Trees, at a rate of one tree per fifteen (15) parking spaces, shall be provided for all parking lot areas. Required parking area trees shall be large shade tree varieties and have a minimum size of two (2)inch diameter at base at the time of planting. 2.Location of Trees Lots having less than forty (40) spaces can meet the tree requirement with trees located anywhere on the lot. For parking lot areas having forty (40) or more spaces such trees shall be located in protected landscape areas within the parking lot or within fifteen(15) feet of the parking lot perimeter. The location, size, and design of the landscape areas shall be approved by the City Staff to ensure viability of the planting and protection from damage by vehicles while also meeting the objectives of this section.