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.

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