By DAVE HAMRICK
Staff Writer

Development in the city of Fayetteville is on hold for another month as developers and other members of a blue ribbon committee failed to reach agreement this week on a proposed tree protection ordinance.

City Council delayed a vote on the proposed ordinance Monday after developer Randy Hayes, a member of the study committee objected to a provision that would require builders to apply for separate tree protection permits on each lot in a subdivision, and to a proposed penalty that would put developers in jail for violating the law.

Builders usually try to save as many trees as possible when building homes, Hayes said, because sales are better that way. Therefore, he said, there's no reason to make the builders go through the paperwork.

“Let's wait until we have the problem before we start regulating,” he said during a committee meeting last week.

“Once you have the problem, you don't get those trees back,” countered Maurice Ungaro, Fayetteville's planning director and author of the proposed ordinance.

As written, the law holds the developer responsible for planting or preserving at least two trees per acre in the “disturbed area” of a new subdivision. Developers typically “disturb” only enough area to put in streets and utilities, then sell individual lots to individual builders, who build and sell the homes to individual owners.

The law would require developers to put trees along the streets, around drainage ponds and in other common area, but not on the building lots. Each builder would have to have a tree retention plan and separate inspection for each building lot.

“We feel this is micro-management of the builder and the lot development process,” said Hayes.

“This is really not a complicated process,” countered city manager Mike Bryant, adding, “We need to maintain the existing tree canopy.” Builders could simply tie yellow ribbons around the trees they intend to save, and inspectors could count and make sure they had fulfilled the terms of the ordinance, he said.

Mayor Mike Wheat agreed with the builders. “If we don't have a problem, why are we regulating that,” he said.

Hayes said a provision for jailing developers who fail to meet the ordinance also seems a bit excessive.

Council members said the committee needs to reach more of a consensus before they act on the ordinance, and voted to delay for another month.