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Abingdon Town Code 
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Chapter 62 STREETS, SIDEWALKS AND OTHER PUBLIC PLACES
ARTICLE II. STREETS AND ALLEYS
DIVISION 2. ACCEPTANCE OF RIGHTS-OF-WAY
Sec. 62-36. Generally.
The town shall accept on petition of the owners of any footage abutting any previously unopened or unaccepted right-of-way 30 feet in width or wider, platted or dedicated for public use before July 1, 1950, on the following terms and conditions:
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(8) When the town accepts a right-of-way the abutting property owners shall release the town from responsibility for the cost of or damage to any abutting property by reason of any change in grade; lowering or raising of driveway entrances; walkways; lowering, raising, replacing, or repairing any utility connections; transplanting or replacing trees, flowers, shrubs or grass; or any other work incidental to the improvements.
(Code 1985, ? 16-10)
Abingdon Town Code View whole ordinance
Chapter 78 TREES, SHRUBS AND VEGETATION
ARTICLE I. IN GENERAL
Sec. 78-1. Short title.
This article shall be known and may be cited as the town's "Vegetation Ordinance".
(Ord. of 8-7-00)
Sec. 78-2. Purpose and intent.
The town recognizes that its urban forest is a vital part of the community and wishes to ensure its citizens right to enjoy the many benefits provided by public trees while being protected from the attendant risks of personal injury and property damage. Accordingly, it is the purpose and intent of this ordinance to preserve and protect the public health safety and general welfare by regulating the planting, maintenance and removal of public trees and the removal or trimming of vegetation where a hazard exists; and, it shall be the policy of the town to:
(a) Establish and maintain maximum tree cover.
(b) Maintain trees in a healthy condition through good arboricultural practices.
(c) Establish and maintain trees at an optimal level of age and species.
(d) Promote conservation of tree resources.
(e) Select, situate and maintain trees appropriately to maximize benefits and minimize hazard, nuisance, hardscape damage and maintenance costs.
(f) Centralize tree management under one person having the necessary expertise.
(g) Promote efficient and cost-effective management of the urban forest.
(h) Foster community support for a local urban forestry program and encourage good tree management on privately owned properties.
(Ord. of 8-7-00)
Sec. 78-4. Applicability of ordinance.
All trees and shrubs now existing or hereafter planted in any public area shall become the property of the town, and be subject to the provisions of this ordinance.
(Ord. of 8-7-00)
Abingdon Town Code View whole ordinance
Chapter 78 TREES, SHRUBS AND VEGETATION
ARTICLE I. IN GENERAL
Sec. 78-4. Applicability of ordinance.
All trees and shrubs now existing or hereafter planted in any public area shall become the property of the town, and be subject to the provisions of this ordinance.
(Ord. of 8-7-00)
Abingdon ZONING ORDINANCE View whole ordinance
APPENDIX B ZONING ORDINANCE
ARTICLE 18. SITE PLAN REVIEW
Section 18-5. General standards.
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18-5-2. Landscaping. All nonresidential uses, including parking lots and vehicular display areas, where front yard is required shall have at least 50 percent of the street frontage landscaped with plant material. Such planting area shall have a minimum width of five feet. The planning commission may allow a deviation from these requirements if, in its judgment, such deviation is consistent with the intent of this article and beneficial to the proposed development.
18-5-5. Standards for preservation of natural environment and energy conservation. In order to preserve the character and natural environment of the area and to provide visual and noise buffering, the planning commission shall refuse to approve any site plan which proposes unnecessary destruction of trees and other natural features. The planning commission shall require assurances that the developer has made reasonable effort, in light of the proposed development, to preserve, replenish, protect and utilize:
a. Trees of ten-inch caliper or larger.
b. Ornamental trees of any size.
c. Trees within required setbacks or along boundaries unless necessary to remove for access, grading, circulation, utilities or drainage.
d. Streams in their natural condition.
e. Ground area from soil erosion and excessive water runoff.
f. Natural features of the site which promote energy conservation.
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Section 18-6. Additional specific standards.
18-6-4. Parking lot. The following standards shall be followed in developing site plans for motor vehicle parking lots and off-street parking areas required by section 17-6:
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i. All paved parking lots shall be planted with no less than one tree for every five parking spaces or fraction thereof. Such trees shall be of a variety which provide shade or are capable of providing shade at maturity [see section 18-8 "Canopy trees"] and shall be reasonably dispersed throughout the parking lot.
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Abingdon ZONING ORDINANCE View whole ordinance
APPENDIX B ZONING ORDINANCE
ARTICLE 18. SITE PLAN REVIEW
Site plan review shall be required in addition to the other applicable requirements of this ordinance before building or occupancy permits may be issued.
Purpose. The purpose of these regulations is to promote orderly development of certain activities in the town and to ensure that such activities are developed in a manner harmonious with surrounding properties and consistent with the general public welfare.
Intent. The intent of these regulations is to provide for review of:
* The project's compatibility with its environment and with other land uses and buildings existing in the surrounding area.
* The quantity, quality, utility, size and type of the project's required recreational space, impact upon existing natural environment and proposed landscape improvements.
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Section 18-4. Site plan contents.
The site plan shall include the following:
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18-4-9. The location, height, type and material of all fences, walls, screen planting and landscape details of all buildings and grounds.
18-4-10. The location of all trees existing on the site prior to construction with a caliper of eight inches or greater. The site plan shall show wooded areas which shall be designated by symbols coincident with the area of trees and an indication of which trees are to be retained and which are to be removed.
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Alexandria County Code View whole ordinance
TITLE 6 Parks, Recreation and Cultural Activities
CHAPTER 2 Trees, Shrubs, Plants and Vegetation
ARTICLE C Removal or Destruction of Trees on Private Property
Sec. 6-2-37 Designation of historic trees.
(a) The city manager may designate as an historic tree any tree which she deems to be of notable historic interest because of its age, size, species, condition or historic association. Except as provided by section 6-2-36 of this code, or as may be approved by the city council after a public hearing, no historic tree shall be removed or destroyed.
(b) No historic designation shall be made with respect to any tree or trees on property other than public property except following 21 days written notice by mail to all owners of record of the parcel on which the tree or trees to be designated are located and the owners have been given an opportunity to submit written comments to the city manager.
(c) The city manager shall establish, and thereafter may amend, regulations for the administration of this section. The manager shall transmit such regulations, and any amendments thereto, to city council for its review and approval; provided, that any regulations established by the manager and any amendments thereto shall be effective upon their issuance by the manager and shall remain in effect unless and until disapproved by city council. The regulations established under this section shall at minimum include:
(1) reasonable criteria for rating the factors of age, size, species, condition and historic association;
(2) reasonable procedures for identifying the injury to the public health, safety and general welfare which would result from removal or destruction of the tree or trees to be designated and for determining whether such designation would substantially advance the purpose of protecting against the injury identified;
(3) reasonable procedures for determining the diminution, if any, in the use or value of private property which would be caused by the designation and for determining whether any such diminution would be disproportionate to the injury to the public health, safety and general welfare which would be caused by the removal or destruction of the tree and would result in an unconstitutional deprivation of all or substantial use or value of private property; and
(4) reasonable procedures for appealing to city council, in the manner provided in section 6-2-51,the manager's decision to designate or not to designate any tree or trees.
(Code 1963, Sec, 39-12.7; Ord. No. 3298, 6/18/88 Sec. 5)
Sec. 6-2-38 Designation of specimen trees.
(a) The city manager may designate as a specimen tree any tree which she deems to be of extraordinary value because of its age, size, species, condition or quality of uniqueness. Except as may be provided by section 6-2-36 of this code, or as may be approved by the city council after a public hearing, no specimen tree shall be removed or destroyed.
(b) No specimen designation shall be made with respect to any tree or trees on property other than public property except following 21 days written notice by mail to all owners of record of the parcel on which the tree or trees to be designated are located and the owners have been given an opportunity to submit written comments to the city manager.
(c) The city manager shall establish, and thereafter may amend, regulations for the administration of this section. The manager shall transmit such regulations, and any amendments thereto, to city council for its review and approval; provided, that any regulations established by the manager and any amendments thereto shall be effective upon their issuance by the manager and shall remain in effect unless and until disapproved by city council. The regulations established under this section shall at minimum include:
(1) reasonable criteria for rating the factors of age, size, species, condition and quality of uniqueness;
(2) reasonable procedures for identifying the injury to the public health, safety and general welfare which would result from removal or destruction of the tree or trees to be designated and for determining whether such designation would substantially advance the purpose of protecting against the injury identified;
(3) reasonable procedures for determining the diminution, if any, in the use or value of private property which would be caused by the designation and for determining whether any such diminution would be disproportionate to the injury to the public health, safety and general welfare which would be caused by the removal or destruction of the tree and would result in an unconstitutional deprivation of all or substantial use or value of private property; and
(4) reasonable procedures for appealing to city council, in the manner provided in section 6-2-51, the manager's decision to-designate or not to designate any tree or trees.
(Code 1963, Sec. 39-12.8; Ord. No. 3298, 6/18/88, Sec. 6)
Sec. 6-2-39 Interim designation of historic or specimen trees.
Whenever the arborist has determined that any tree should be protected by designation as an historic or specimen tree under the provisions of section 6-2-37 or 6-2-38, and the city manager has determined to proceed with designation, the city manager shall forthwith issue an interim designation of such tree as an historic tree or a specimen tree, as the case may be. No tree so designated shall be removed or destroyed except as provided in section 6-2-36. Such interim designation shall remain in force and effect for 30 days: provided, however, that no such interim designation shall continue in force and effect beyond the time at which the manager determines to approve or disapprove the designation under the provisions of section 6-2-37 or 6-2-38. Notice of such interim designation shall be posted in a prominent and secure fashion on or about any tree or group of trees so designated. No such notice shall be removed or destroyed other than pursuant to the directive of the city manager, and the unauthorized removal of such notice shall constitute a separate offense under the provisions of this chapter. Such notice shall clearly state that removal or destruction of such tree or trees and/or removal or destruction of such notice, constitutes a violation of this chapter and shall set forth the penalty provided by law upon conviction of such offense.
(Ord. No. 3289, 4/26/88, Sec. 2; Ord. No. 3298, 6/18/88, Sec. 7)
Arlington County Code View whole ordinance
Chapter 22 STREET DEVELOPMENT AND CONSTRUCTION
Sec. 22-3. Specifications.
Specifications covering the type of work that is proposed to be done according to the plans are available from Arlington County. These specifications with plans will cover excavation, drainage, curb and gutter, sidewalks, road surface from curb to curb, storm sewers, planting and street trees and all other incidental construction such as utility facilities and street lighting as shown on plans or as given in written instructions. Standards, specifications, regulations and special provisions of the Department of Environmental Services shall be followed unless otherwise specified.
(5-23-61; 2-7-70; Ord. No. 88-7, 7-1-88; Ord. No. 04-25, 10-2-04)
Sec. 22-6. Acceptance of County Streets. No dedicated street, highway, public right-of-way or any part thereof hereafter will be accepted unconditionally as a County street or highway, unless and until the same shall have been constructed according to plans, specifications and written instructions of and approved by the County Manager. No street or highway shall hereafter be accepted unless it is at least one (1) block long, unless it intersects the boundary of the subdivision of which it is a part or on account of unusual conditions, upon the approval of the County Manager. But this provision shall not be cons1d as to defeat or deny any right which the County, or the public at large, may have acquired or may hereafter acquire, in any easement or way, under the general provisions of the law.
Interlocking concrete and brick pavers and trees and shrubbery as required by the approved plans and specification shall be warranted as follows for a period of one (1) year beyond the date of the approval of work as established in ? 22-5, subsection K:
Interlocking concrete and brick pavers against settlement which creates an unsafe or hazardous condition for pedestrians and is attributable to foundation failures or poor construction practices. Trees and shrubs shall be planted in conformity with standards set forth in the American National Standards Institutes (ANSI) publication, Z-60.1-1990, except for those failures resulting from extreme weather conditions or abuse or destruction by others
beyond the control of the permittee.
(5-23-61; 2-7-70; Ord. No. 88-7, 7-1-88; Ord. No. 96-7, 5-11-96)
Arlington County Code View whole ordinance
CHAPTER 67 Trees and Shrubs.
ARTICLE 1. General Provisions
67-1-1. Title.
This ordinance shall hereafter be known, cited and referred to as the "Tree Preservation Ordinance" of Arlington County, Virginia.
67-1-2. Purpose and Intent.
There is hereby established a Tree Preservation Ordinance to ensure that the tree cover within Arlington County?s boundaries is maintained and improved in order to protect the health, safety, and welfare of County citizens and the general public, to safeguard the ecological and aesthetic environment necessary to a community, to preserve, protect, and enhance valuable natural resources, and to conserve properties and their values.
Arlington County Code View whole ordinance
CHAPTER 67 Trees and Shrubs.
ARTICLE 3. Regulation of Heritage Trees, Memorial Trees, Specimen Trees, and Street Trees on Public or Private Property.
67-3-1. Designation.
(a) A County Urban Forester or an arborist designated by the County Manager may, in accordance with the provisions of this Article, recommend to the County Board that certain trees located within the County on public property or private property, excluding parcels used for a single-family dwelling unless the owner of such property consents to the designation of such tree, be designated by ordinance as Heritage, Memorial, Specimen, or Street Trees. The County Board shall hold a public hearing prior to so designating any Heritage, Memorial, Specimen, or Street Tree. Trees may be recommended to the Urban Forester or designated arborist by any person in the instance of a tree on public property and on private property, excluding parcels used for a single-family dwelling, and by the private property owner in the instance of a tree on parcels used for a single-family dwelling, by submitting a complete report to the Urban Forester, designated arborist or County Manager describing the tree in question and its significance in needing protection.
(b) In the case of a tree on private property the County Manager shall notify the owner of the property on which the tree is located by certified mail (i) as soon as practicable once the recommendation is received by the Urban Forester; and (ii) again at least 30 days prior to the hearing on the adoption by ordinance of the designation of such tree. The owner may request an extension of the hearing date for up to six months.
? A property owner shall not destroy a tree proposed for designation pursuant to this Section pending final County Board decision or a decision by the Urban Forester or designated arborist not to recommend designation.
(d) In the event that the application of this Article regulating Heritage, Memorial, Specimen, or Street Trees results in a taking of private property for a public purpose or use, the County shall compensate by fee or other consideration the property owner for such taking, to the extent that such claim is recognized and compensable under state or federal law, and shall notify the owner of his right to seek such fee or compensation.
Ashland Town Code View whole ordinance
Chapter 4.1 ENVIRONMENTAL PROTECTION
ARTICLE III. CHESAPEAKE BAY PRESERVATION AREA
Sec. 4.1-209. Performance standards for Chesapeake Bay Preservation Areas.
(a) Purpose and intent. The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxics, and maximize rainwater infiltration. Natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Minimizing impervious cover enhances rainwater infiltration and effectively reduces stormwater runoff potential.
The purpose and intent of these requirements are also to implement the following objectives: prevent a net increase in nonpoint source pollution from new development; achieve a ten-percent reduction in nonpoint source pollution from redevelopment; and achieve a forty-percent reduction in nonpoint source pollution from agricultural uses.
(b) Development and redevelopment in Chesapeake Bay Preservation Areas.
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(2) Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the use or development permitted and in accordance with the "Virginia Erosion and Sediment Control Handbook."
a. Existing trees over six (6) inches shall be preserved outside the limits of disturbance, including clearing and grading. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed.
B. Clearing shall be allowed only to provide public roads, necessary access, positive site drainage, water quality BMPs, and the installation of utilities, as approved by the town manager or designee.
C. Prior to clearing or grading, suitable protective barriers, such as safety fencing, shall be erected at the dripline of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier.
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? Buffer area requirements. To minimize the adverse effects of human activities on the other components of resource protection areas (as defined in section 4.1-203), state waters, and aquatic life, a one-hundred-foot buffer area of vegetation that is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff shall be retained if present and established where it does not exist. The buffer area shall be maintained to meet the following additional performance standards:
(1) In order to maintain the functional value of the buffer area, indigenous vegetation may be removed, subject to approval by the Town of Ashland, only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices, as follows:
a. Trees may be pruned or removed as necessary to provide for sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff.
B. Any path shall be constructed and surfaced so as to effectively control erosion.
C. Dead, diseased, or dying trees or shrubbery may be removed and thinning may be conducted pursuant to sound horticulture practices.
D. For stream bank erosion control projects, tree and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements.
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(3) Where land uses such as agriculture or silviculture within the area of the buffer cease and the lands are proposed to be converted to other uses, the full one-hundred-foot wide buffer shall be reestablished. In reestablishing the buffer, management measures shall be undertaken to provide woody vegetation that assures the buffer functions set forth in this chapter.
(9-17-90, ? 2; 12-21-04)
Ashland Town Code View whole ordinance
Chapter 4.1 ENVIRONMENTAL PROTECTION
ARTICLE V. WATER QUALITY PROTECTION
Sec. 4.1-400. Statement of intent.
(a) This article is enacted to implement development requirements designed to protect the quality of water resources within the town from the effects of nonpoint source pollution runoff caused by land disturbing activities. The development performance criteria contained in this article establish the means to minimize erosion and sedimentation potential and maximize rainwater infiltration.
Natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Minimizing impervious cover enhances rainwater infiltration and effectively reduces stormwater runoff potential. More specifically, the intent of the town council and the purpose of the article is to:
(1) Protect existing high quality state waters;
(2) Restore all other state waters to a condition or quality that will permit all reasonable public uses and will support the propagation and growth of all aquatic life, including game fish, which might reasonably be expected to inhabit them;
(3) Prevent any increase in pollution;
(4) Reduce existing pollution; and
(5) Promote water resource conservation in order to provide for the health, safety and welfare of the present and future citizens of the town.
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(11-8-94, ? 1; 12-21-04)
Ashland ZONING ORDINANCE View whole ordinance
Chapter 21 ZONING*
ARTICLE XXIII. - LANDSCAPING
Sec. 21-230. Intent and applicability.
(a) Intent. Pursuant to the general purpose of this chapter set forth in article I, the intent of this article is to establish regulations and standards for the preservation and planting of trees, the provision of other landscaping features and the provision of buffers and screening, in order to:
(1) Aid in the prevention of erosion and sedimentation;
(2) Reduce stormwater runoff and the costs associated therewith;
(3) Aid in the removal of carbon dioxide from the atmosphere and in the generation of oxygen and in the filtration of air pollutants;
(4) Preserve the water table and provide for reforestation;
(5) Provide shade in summer, thus reducing air conditioning costs, and provide windbreaks in winter as protection against severe weather;
(6) Aid in the control of drainage and the restoration of denuded soil subsequent to construction and grading;
(7) Protect and enhance property values;
(8) Protect and enhance the physical and aesthetic environment of the town as a whole;
(9) Provide, where applicable, visual screening and sound abatement, and generally enhance compatibility between land uses;
(10) Generally protect and enhance the quality of life and the general welfare of the town;
(11) Minimize the effect of heat islands;
(12) Provide residents with a possible seating area or resting point between destinations.
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(10-8-85; 9-22-87; 2-17-04)
Blacksburg Town Code View whole ordinance
Chapter 3 AGRICULTURAL AND FOREST DISTRICTS
ARTICLE I. IN GENERAL
Section 3-100. Purpose
The purpose of this chapter is to provide for procedures to effectuate Title 15.2, Chapter 43 of the Code of Virginia (1950), as amended, relating to the creation of agricultural and forestal districts. It is the policy of the Town to conserve and protect and to encourage the development and improvement of the Town's agricultural and forestal lands for the production of food and other agricultural and forestal products. It is also the policy of the Town to conserve and protect agricultural and forestal lands as valued natural and ecological resources which provide essential open spaces for clean air sheds, watershed protection, wildlife habitat, as well as for aesthetic purposes. It is the purpose of this chapter to provide a means for a mutual undertaking by landowners and the Town to protect and enhance agricultural and forestal land as a viable segment of the Commonwealth's economy and as an economic and environmental resource of major importance.
State Law reference? Code of Virginia, Title 15.2, Chapter 43, ? 15.2-4300 et seq.
Blacksburg ZONING ORDINANCE View whole ordinance
APPENDIX A Ordinance
No. 1137 BLACKSBURG ZONING ORDINANCE
ARTICLE 1. ADMINISTRATION
DIVISION 1. GENERAL PROVISIONS
Sec. 1112 Special exceptions
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(c) Criteria. The Town Council may grant a complete exception from the standard, or it may modify the standard based on the particularities of the site. Any modification of the standard shall be considered a special exception. In determining to grant a special exception, the Town Council shall be guided by the following general considerations:
(1) The unusual shape or topography of a lot or an adjoining lot;
(2) The location of existing structures; and
(3) Whether mature trees can be preserved through the exception.
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(Ord. No. 1680, ? 1, 5-14-13)
Charlottesville City Code View whole ordinance
Chapter 18 PARKS AND RECREATION
ARTICLE II. TREE CONSERVATION
Sec. 18-5. Authority.
This article is enacted pursuant to Code of Virginia Sec. 10.1-1127.1, as amended.
(11-4-13)
Sec. 18-6. Purpose and intent.
There is hereby established a tree conservation ordinance to secure protection for a portion of the city's urban forest and the ecosystem services that this forest provides by regulating the designation, preservation and removal of heritage, memorial, specimen and street trees located within the city.
(11-4-13)
Charlottesville City Code View whole ordinance
Chapter 34 ZONING
ARTICLE V. PLANNED UNIT DEVELOPMENT DISTRICTS
DIVISION 1. GENERALLY
Sec. 34-490. Objectives.
In reviewing an application for approval of a planned unit development (PUD) or an application seeking amendment of an approved PUD, in addition to the general considerations applicable to any rezoning the city council and planning commission shall consider whether the application satisfies the following objectives of a PUD district:
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(7) To ensure preservation of cultural features, scenic assets and natural features such as trees, streams and topography;
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(9-15-03(3))
Charlottesville City Code View whole ordinance
Chapter 34 ZONING
ARTICLE VIII. IMPROVEMENTS REQUIRED FOR DEVELOPMENTS
DIVISION 2. LANDSCAPING AND SCREENING
Sec. 34-861. Purpose.
The purpose of these landscaping and screening requirements is to provide for the installation, preservation and maintenance of plant materials intended to:
(1) Insure development consistent with the goals of the comprehensive plan related to natural resources and environmental and land use standards;
(2) Promote the public health, safety and welfare;
(3) Conserve energy by providing shade and wind breaks;
(4) Provide pervious area which helps to reduce surface water run-off;
(5) Improve air quality;
(6) Minimize noise, dust and glare;
(7) Promote traffic safety by controlling views and defining circulation patterns; and
(8) Protect and preserve the appearance, character and value of neighboring properties.
(9-15-03(3))
Chesapeake City Code View whole ordinance
Chapter 70 SUBDIVISIONS
ARTICLE I. IN GENERAL
Sec. 70-1. Definitions.
The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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Each lot depicted on or created by a resubdivision plat, and each lot created by vacation of lot lines by recordation of a deed, shall be subject to the public improvement requirements of this chapter and of article 18 of the zoning ordinance at the time that an application is filed for development of such lot, including without limitation, the payment of pro rata, dedication of right-of-way, and installation of public improvements to serve the lot or lots shown on the resubdivision plat or created by vacation of lot lines by deed.
(3) Municipal acquisitions other than right-of-way. The municipal acquisition or acceptance of real property in fee simple for governmental purposes other than right-of-way improvements, provided that no more than one additional lot is depicted on the plat. Each lot depicted on or created by a plat for municipal acquisitions other than right-of-way, including any residual parcel, shall be subject to applicable requirements in this chapter for public improvements and pro rata payments upon development of such lot.
(4) Municipal right-of-way acquisitions. The municipal acquisition or acceptance of real property in fee simple for purposes of right-of-way improvements and extensions, provided that no additional lots, including any residual parcel, are created or depicted on the acquisition plat. For purposes of this definition, the division of an existing lot or parcel by the right-of-way acquisition shall not in itself constitute the creation of an additional lot.
(5) Conservation divisions. The division of property located wholly within an A-1 agricultural district or C-1 conservation district, or combination thereof, for purposes of preserving open space or environmentally sensitive lands, including without limitation, the creation, restoration and preservation of wetlands, provided that:
a. All parcels created by the division of land meet minimum lot area requirements in the zoning ordinance;
b. The plat depicting the division of land contains a note stating that the division is for the sole purpose of creating one or more lots to be used for conservation purposes only and that no building permits or certificates of occupancy will be issued for such conservation areas, other than as may be required for permitted passive recreational uses deemed incidental to and compatible with conservation objectives, and amenities related to such approved passive recreational uses, such as trails, boardwalks and benches;
c. The planning director determines that adequate assurance of perpetual conservation has been given in the form of a permanent conservation or open space easement, or by participation in a local, state or federal program that will provide for the perpetual preservation of such lots, including without limitation, programs under which the property is to be dedicated to a local, state or federal agency for conservation purposes. Evidence of perpetual conservation, whether by deed of easement, agreement, deed of conveyance or other instrument, shall be recorded in the clerk's office of the circuit court of the city prior to, or concurrent with, the approval and recordation of the conservation division, and shall contain provisions that perpetually restrict the use of the property for any purpose other than conservation and that prohibit all construction or land disturbance on the property, other than amenities directly associated with approved passive recreational activities or land-disturbing activities required to establish, restore or enhance wetlands;
d. No new or extended streets, public easements or public facilities are required to serve the property as divided; and
e. The division of land does not result in more than one lot that will not be used for conservation purposes. Any such lot not used for conservation purposes shall conform with all requirements of this section and the city's zoning ordinance.
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(Code 1970, ? 25-1; Ord. of 1-19-82, ? 2; Ord. of 11-20-84; Ord. of 10-22-91; Ord. No. 98-O-154A, 10-20-98; Ord. No. 99-O-156 (alternate version 9-30-99), 12-21-99; Ord. No. 02-O-083, 7-16-02; Ord. No. 05-O-131, 10-18-05; Ord. No. 09-O-006, 1-27-09)
Cross reference? Definitions and rules of construction generally, ? 1-2.
Chesapeake ZONING ORDINANCE View whole ordinance
Chesapeake, Virginia - Zoning
ARTICLE 19. DESIGN, DEVELOPMENT AND PERFORMANCE STANDARDS
? 19-600. Landscaping and buffering.
A. In General. This section of the zoning ordinance of the city of Chesapeake shall be known and may be cited and referred to as the Chesapeake Landscape Ordinance. The Chesapeake Landscape Specifications Manual, including definitions, is hereby incorporated into and made a part of this ordinance.
B. Intent. The intent of this ordinance is to provide minimum standards for the preservation, protection and enhancement of the ecologic and aesthetic environments of the City of Chesapeake. The urban forest which includes all landscaped areas within the city, serves to prevent soil erosion; reduce the hazards of flooding; absorb carbon dioxide and supply oxygen; reduce the effects of noise, glare, dust, and other objectionable activities generated by some land uses; provide shade and reduce adverse effects of winds; safeguard and enhance property values; buffer and screen adjacent properties; and promote the pleasant appearance and character of neighborhoods.
(Ord. No. 97-O-141, 11-18-97)
? 19-601. All sites.
A. Landscaping plan requirements.
1. A preliminary landscaping plan, showing the location and dimensions of green space, buffer yards, and existing and known proposed public and private easements, shall be required as part of any preliminary site plan for all multifamily and nonresidential developments and for all residential major subdivisions where rear or secondary front yards abut an existing or proposed right-of-way 80 feet or more in width.
2. A final landscaping plan, prepared by a landscape designer, shall be submitted in the following circumstances: (1) as part of the final site plan for any multifamily or nonresidential development; (2) as part of the building permit application for any single-family or duplex residential construction on a lot, and (3) as part of any final subdivision plan for a residential major subdivision where rear or secondary front yards abut an existing or proposed right-of-way 80 feet or more in width.
3. Such landscaping plans shall contain the landscaping and/or plant replacement specifications required under this ordinance, including the Chesapeake Landscape Specifications Manual, which is hereby incorporated into and made a part of this ordinance by reference.
B. Site analysis. A site analysis, including all tree preservation areas, is required as part of the submittal of each preliminary and final subdivision plat, site plan, or erosion and sediment control plan submitted to the city. Such site analysis shall, by plan and narrative, include all those elements required by the Chesapeake Landscape Specifications Manual. The site analysis may, upon approval of the director of development and permits, or designee, based on-site conditions, be presented in a narrative format only.
C. Townhouse communities. In townhome communities where adequate space does not exist for the placement of trees otherwise required under this ordinance, the city may approve the placement of trees in open spaces, common areas or end lots where adequate and appropriate space for mature growth exist. If such a plan is approved, it shall be the developer's responsibility to set forth a schedule for the installation of these plantings that meets the approval of the city. Further, the developer shall be responsible to call for city inspection and approval of said landscaping upon completion.
D. Parking areas.
1. Green space meeting the definition contained in the Chesapeake Landscape Specifications Manual shall be provided within the interior of parking areas at a ratio of 30 square feet of greenspace per each off-parking space provided; off-street parking space as defined in section 19-408 of this ordinance. Only those areas directly adjacent to and directly associated with the rows of parking will count towards required green space.
2. The equivalent of 400 square feet of large tree canopy coverage (appendix B of the Chesapeake Landscape Specifications Manual) shall be planted for each 150 square feet of interior green space provided.
3. Where feasible, as determined by the director of development and permits, or designee, utilities shall be located outside of required green space.
4. Green space containing less than 150 square feet in contiguous area will not count toward interior green space required for parking. Individual green areas 150 square feet or more in contiguous area shall not substitute for more than 1,000 square feet of interior green space required for parking.
5. A maximum of 30% of the required interior green space may be combined with required buffer yards when natural vegetation is being retained in any such buffer yard. This combination of required areas shall only be permitted in the vicinity of, and in conjunction with, tree preservation, as approved by the director of development and permits, or designee. When tree preservation is approved, up to 1,500 square feet of contiguous interior green space may count toward interior green space requirements.
6. Green space no smaller than 9 x 18 feet in size, and containing at least one large tree, shall be required at both ends of each row of parking spaces containing 7 or more spaces. All parking lot trees shall be large trees, as listed in the Chesapeake Landscape Specifications Manual, unless sotherwise approved by the director of development and permits, or designee, due to extenuating circumstances.
E. Buffer yard requirements.
1. Where the zoning classification for a site to be developed under this section is more intense than the classification of a property bordering such site, the landscaping plan for the more intensely zoned site shall include provisions for a buffer yard and/or structure required along the length of the property line that separates the site from the property having a less intense zoning classification, as provided for in section 19-610 below.
2. A vegetated buffer as described in and required by section 19-610 shall be installed on those sites bordering public or private streets, including alleys, service drives and rights-of-way, unless waived or modified by the director of development and permits, or designee, pursuant to section 19-606 of this ordinance. All required landscaping shall be set back from the street and ingress/egress points an adequate distance to provide clear visibility, in accordance with section 19-204 of this ordinance. Tree locations and spacing may be adjusted to provide reasonable visibility of signage and to ensure safe ingress/egress.
3. Street frontage hedges shall be restricted to a mature height of 4 feet except where they are required to screen service entrances and outside storage areas, where they shall be maintained at a height of 6 feet.
4. A minimum of 7 feet width, or 50 % of the required width, whichever is greater, of any required buffer yard must be located outside of all public or private easements. Where feasible, required trees must be located outside of all public easements or private utility easements. The director of development and permits, or designee, shall determine on a case-by-case basis whether the location of trees outside of a particular utility easement is feasible, giving due consideration to such factors as topography, size of the lot and site design. No trees shall be planted in an easement where prohibited by the deed or agreement by which the easement was created. Required shrubs may be planted within a utility easement, provided that shrubs are not prohibited by the deed or agreement which created the easement. If no deed or agreement exists, no plant materials shall be placed in the easement area without the express permission of all persons having rights or interest in the easement.
5. Buffers required adjacent to public or private rights-of-way with an existing or proposed width of 80 feet or more are to be provided by the landowner or developer and depicted on the final subdivision plat recorded in the clerk's office of the circuit court of the City of Chesapeake. The plat shall contain a note stating that no structure shall be located in the buffer and that all plant materials therein are to be maintained by the owner of the property.
6. Screening for communication towers shall be in conformance with section 13-606 of this ordinance.
7. A buffer yard D as described in Section 19-610 of this ordinance, with a three-foot berm, shall be required where the rear of any commercial or industrial building faces a public or private right-of-way having an existing or proposed width of 80 feet or more.
8. For additional buffer yard and screening requirements, see Section 14-200, Fences, walls and hedges; Section 14-500, Trash receptacles; and Section 14-700, Signs.
(Ord. No. 97-O-141, 11-18-97; Ord. No. 08-O-121, 9-16-08; Ord. No. 10-O-127, 10-19-10)
Chesapeake ZONING ORDINANCE View whole ordinance
Chesapeake, Virginia - Zoning
ARTICLE 19. DESIGN, DEVELOPMENT AND PERFORMANCE STANDARDS
? 19-610. Tables and buffer yard standards.
The tables entitled "Buffer Yard Standards" and "Table of Required Buffer Yards" are hereby made a part of this ordinance and shall be used to determine the nature and type of each buffer yard that is required for a site that is subject to this ordinance.
Danville ZONING ORDINANCE View whole ordinance
ARTICLE 16. APPENDIX: LANDSCAPE, SCREENING AND BUFFER YARD GUIDELINES AND STANDARDS
A. Purpose and Intent.
This appendix provides graphic guidelines for landscaping, screening and buffer yards for development projects within the City. It is intended to be employed by applicants as a companion to illustrate the landscape design requirements of Article 9 of this ordinance.
Where conflict exists between this appendix and Article 9, the article shall govern.
B. - Appendix Contents.
Parking Lot Landscaping Guidelines and Illustrations
A.4 Parking lot landscaping: general illustrative design concepts.
A.5 Parking lot landscaping: minimum requirements for parking lots.
A.6 Parking lot landscaping: landscape islands and medians in parking lots.
General Landscaping Guidelines and Illustrations
A.7 Residential subdivision landscaping: street tree design concepts.
A.8 Right-of-way edge buffer landscaping: edge buffers.
A.9 Buffer yards: landscape berms.
Examples of Canopy Requirements for Urban Land Uses
A.10 Illustrative canopy example: multi-family residential project.
A.11 Illustrative canopy example: retirement community project.
A.12 Illustrative canopy example: townhouse residential project.
A.13 Illustrative canopy example: waterfront mixed-use project.
A.14. Illustrative canopy example: downtown commercial project.
Transitional Buffer Yard Requirements
A.15 Transitional buffer yard requirements: Multi-family and Attached Residential Single Family Residential Districts (T-R, S-R, NT-R, OT-R and MHP-R) adjacent to a Multifamily Residential or Attached Residential District (A-R and M-R).
A.16 Transitional buffer yard requirements: Commercial Residential Districts (T-R, S-R, NT-R, OT-R and MHP-R) and adjacent to a Commercial District (N-C, CB-C, TW-C, HR-C, PS-C).
A.17 Transitional buffer yard requirements: Light Economic Development Residential District (T-R, S-R, NT-R, OT-R and MHP-R) adjacent to a Light Economic Development District LED-1).
A.18 Transitional buffer yard requirements: Manufacturing Residential District (T-R, S-R, NT-R, OT-R and MHP-R) adjacent to a Manufacturing District (M-1).
(Ord. No. 2004-02.04, Art. 16, 2-17-04)
Danville ZONING ORDINANCE View whole ordinance
Chapter 41 ZONING ORDINANCE
ARTICLE 9. LANDSCAPING AND SCREENING REGULATIONS
G. Landscape Plan Requirements.
1. The landscape plan drawn on a site plan base map to the same scale as the accompanying site plan and/or subdivision plat.
2. Refer to the City's Design and Construction Standards Manual and the appendix of this ordinance for additional information related to landscape materials, installation standards, and design details.
3. The landscape plan shall include:
a. Location, type, size, height, number and botanical name and construction details for proposed landscaping materials. Information is to be provided in graphic and tabular format.
b. Planting specifications and installation details for proposed landscaping materials, including a schedule of recommended planting timeframes for specific plant materials and ground covers.
c. Location and size of all existing landscape materials to be retained during the site development process as well as appropriate landscape protection measures to be implemented during the site construction process.
d. Location, size and other related design details for all hardscape improvements, signage, recreational improvements and open space areas, fences, walls, barriers and other elements related to transitional buffer yards.
e. Designation of required setbacks, yards and screening areas.
f. Location of other man-made site features, parking lots, hardscape improvements, overhead structures and underground utilities to ensure that landscape materials will not be in conflict with the placement and operation of these improvements.
g. Acreage of disturbed areas, computed by planimetric methods, to the nearest 0.1 acre.
h. Acreage and location of proposed open spaces and recreation areas, computed to the nearest 0.1 acres.
i. Location, size and construction details for site lighting, special hardscape and landscape features, irrigation systems and exterior site furnishings.
j. Methods and specifications for tree protection during construction phases.
k. Landscape treatment of stormwater management improvements, Best Management Practices structures, and erosion and sediment controls.
l. Certification of the plan preparer.
(Ord. No. 2004-02.04, Art. 9, ? G, 2-17-04)
Danville ZONING ORDINANCE View whole ordinance
Chapter 41 ZONING ORDINANCE
ARTICLE 9. LANDSCAPING AND SCREENING REGULATIONS
A. Purpose and Intent.
The purpose of this section is to establish general standards and processes by which the Danville's Comprehensive Plan's goals and objectives for landscape architecture, urban and rural area site design, site buffering, and transitional screening will be implemented. Pursuant to the intent of preserving and promoting the health, safety and general welfare of the City, these regulations are promulgated in order to:
1. Facilitate the protection, replenishment and maintenance of the existing environment;
2. Conserve and protect the character of the City's sensitive environmental resources, open spaces, parks, and entrance corridors;
3. Preserve and enhance the aesthetic character of the City;
4. Protect and improve the quality of the City's natural rivers, streams, and wetlands;
5. Enhance erosion control practices through the creative use of plant materials;
6. Improve the relationship between adjacent properties via screening and buffering;
7. Preserve and enhance to quality of existing flood plains and stream valleys through improved landscaping and landscape maintenance;
8. Provide adequate tree canopy and vegetative cover for new development; and
9. Introduce and promote complementary landscaping to supplement site plan requirements, Best Management practices, and stormwater management improvements.
(Ord. No. 2004-02.04, Art. 9, ? A, 2-17-04)
Fairfax City City Code View whole ordinance
Chapter 110 ZONING
Article IV. SITE DEVELOPMENT STANDARDS
4.5 LANDSCAPING
4.5.1 Purpose
The purposes of 4.5 are to encourage the planting and proper care of vegetation and trees throughout the city, to replenish tree stock, and to provide for appropriate screening. These actions are intended to contribute to the health, safety and welfare of the city by enhancing pedestrian facilities, decreasing flooding, soil erosion, air pollution and noise, and improving aesthetics in accordance with the comprehensive plan and the requirements of the public facilities manual. The transitional yard requirements and the screening requirements are intended to improve compatibility of uses by providing privacy and enhancing the aesthetic transition between uses.
4.5.2 Applicability
A. The landscaping regulations of 4.5 apply as set forth in the individual sections of these regulations.
B. Unless specifically exempt, all existing and proposed development for which site plan approval is required (see 6.8) shall meet the provisions of 4.5.
4.5.3 Exemptions
A. Unless otherwise expressly stated, the landscaping regulations of 4.5 do not apply to the expansion of individual single-family detached, single-family attached or duplexes dwellings.
B. Driving lanes may traverse required landscaping in a perpendicular alignment to provide the necessary ingress and egress to the parking lots.
4.5.4 General
A. What is to be landscaped
All areas that are not impervious (see 1.5.7) shall be landscaped in accordance with the requirements of 4.5.
B. Landscape plan required
A landscape plan shall be submitted in conjunction with required site plans (see 6.8) in accordance with the requirements of 4.5. A landscape architect or other qualified professional shall prepare all landscape plans.
4.5.5 Transitional yards
A. Applicability
The transitional yard regulations of 4.5.5 apply along interior property lines in those instances identified in this chapter and only to the following activities:
1. The construction or installation of any new principal building or use; and
2. The expansion of any existing principal building or principal use that results in an increase in gross floor area or site area improvements by more than five percent or 1,000 square feet, whichever is greater. In the case of expansions that trigger compliance with transitional yard requirements, transitional yard landscaping is required only in proportion to the degree of expansion. The zoning administrator is authorized to allow the transitional yard to be established adjacent to the area of expansion or to disperse transition yard landscaping along the entire site transition area.
B. Transitional yard defined
A transitional yard is a specified land area, located parallel to and within the outer perimeter of a lot or project and extending to the lot line, together with fencing or walls on the lot line, and planting and landscaping required on the land. A transitional yard is not intended to be commensurate with the term "yard" or ?setback.?
C. Transitional yard types
There are three types of required transitional yards that may occur on any given parcel (for the specific width and plant material for each transitional yard classification see 4.5.5.D).
1. District boundary transitional yards
The following table shall be used to determine the required transitional yard classification between adjacent districts.
PROPOSED DEVELOPMENT DISTRICT
RL RM RH RT-6 RT RMF CL CO CR CU CG IL IH
RL -- -- -- -- -- -- -- -- -- -- -- -- --
RM -- -- -- -- -- -- -- -- -- -- -- -- --
RH -- -- -- -- -- -- -- -- -- -- -- -- --
RT TY1 TY1 TY1 -- -- -- -- -- -- -- -- -- --
RMF TY2 TY2 TY2 TY2 TY2 -- -- -- -- -- -- -- --
CL TY2 TY2 TY2 TY2 TY2 TY1 -- -- -- -- -- -- --
CO TY2 TY2 TY2 TY2 TY2 TY1 -- -- -- -- -- -- --
CR TY2 TY2 TY2 TY2 TY2 TY2 TY1 -- -- -- -- -- --
CU TY3 TY3 TY3 TY3 TY3 TY2 TY2 TY1 -- -- -- --
CG TY3 TY3 TY3 TY3 TY3 TY3 TY3 TY2 -- -- -- -- --
IL TY4 TY4 TY4 TY4 TY4 TY4 TY3 TY3 TY2 TY2 TY1 -- --
IH TY4 TY4 TY4 TY4 TY4 TY4 TY4 TY3 TY3 TY3 TY3 TY2 --
2. Project boundary transitional yards
Project boundary transitional yard requirements are established to mitigate the effect of planned developments on adjacent properties. The following shall be used to determine project boundary transitional yard requirements.
(a) No transitional yard is required where the width of the project?s perimeter singlefamily detached residential lots is equal to or greater than the minimum lot width of the adjoining single-family detached development or the minimum lot width required by the respective single-family detached zoning district that applies to any adjoining undeveloped parcel.
(b) Except as provided in paragraph (a) above or unless modified by the city council in the approval of a master development plan, the following boundary transitional yards shall be provided along project boundaries in accordance with 4.5.5.D:
(1) PD-R: TY2 transitional yards
(2) PD-M: TY3 transitional yards
(3) PD-C: TY3 transitional yards
(4) PD-I: TY4 transitional yards
3. Use boundary transitional yards
(a) Where townhouse developments occur adjacent to single-family detached or duplex dwellings, TY1 transitional yards shall be provided in accordance with 4.5.5.D, below.
(b) Where multifamily developments occur adjacent to single-family detached, duplex or townhouse dwellings, TY2 transitional yards shall be provided in accordance with 4.5.5.D, below.
(c) Where commercial developments occur adjacent to single-family attached, singlefamily detached, duplex, townhouse, or multifamily dwellings, TY3 transitional yards shall be provided in accordance with 4.5.5.D, below.
(d) Where industrial developments occur adjacent to single-family attached, singlefamily detached, duplex, townhouse, or multifamily dwellings, TY4 transitional yards shall be provided in accordance with 4.5.5.D, below.
D. Transitional yard classifications
Four transitional yard classifications are established in recognition of the different contexts that may exist. They are as follows:
SPECIFICATIONS TY1 TY2 TY3 TY4
Minimum Transitional Yard Width [1] (feet) 7.5 10 15 30
Minimum Fence or Wall Height (feet) on Lot Line [2] 6 6 6 6
Minimum Trees (per 100 feet)
Canopy NA 3 4 4
Understory 4 3 4 5
Minimum Shrubs (per 100 feet) NA NA 4 5
[1] Yard widths calculated on the basis of average per 100 feet, provided that the yard width at any point may not be less than 50 percent of the minimums stated in the table. Required zoning district setbacks may be counted toward satisfying transitional yard widths.
[2] On or adjacent to the lot line. Additional understory trees or shrubs may be substituted for required fence or wall via alternative compliance (4.5.10).
E. Location of transitional yards
Transitional yards shall be located within the outer perimeter of a lot or parcel, parallel to and extending to the lot or parcel boundary line. Transitional yards shall not be located on any portion of an existing, dedicated or reserved public or private street or right-of-way.
F. Ownership of transitional yards
Transitional yards may remain in the ownership of the original applicant; they may be subjected to deed restrictions and subsequently be freely conveyed; or they may be transferred to any consenting grantees, such as the city, a land conservancy or land trust, or common interest community association (see 4.13). Any such conveyance shall guarantee the protection and maintenance of the transitional yard in accordance with the provisions of 4.5.
G. Landscape materials and design
Landscape materials used to satisfy the transitional yard requirements of 4.5.5 are subject to the regulations of 4.5.9.
4.5.6 Tree requirements
A. Tree canopy
The following 10-year minimum tree canopy requirements shall apply in the respective districts: (figure)
B. Street trees
In all general districts except the RL, RM, RH and CU districts, a minimum ten foot wide landscaped strip shall be provided along all streets. Street trees shall be required along all streets at the rate of one canopy tree for every 40 linear feet and spaced a maximum of 50 feet part.
1. All street trees shall be planted no less than three feet or more than 15 feet from the back of the curb or edge of pavement.
2. No tree shall be planted within a safe sight triangle (4.3.4) or closer than 10 feet from any fire hydrant.
C. Landscape materials and design
Landscape material used to satisfy the tree requirements of 4.5.6 are subject to the regulations of 4.5.9.
4.5.7 Parking lot landscaping
A. Applicability
1. 4.5.7 applies to:
(a) New on-site surface parking lots with more than 10 spaces; and
(b) The expansion of any existing surface parking lot if the expansion results in 10 or more new parking spaces, in which case the requirements of 4.5.7 apply only to the expanded area.
2. For purposes of 4.5.7, multiple platted lots contained on a single site plan and any separate parking lots connected with drive aisles are considered a single parking lot.
B. Low impact development (LID)
Low impact development (LID) techniques that capitalize on and are consistent with natural resources and processes will be incorporated in parking lot landscaping whenever practicable, including but not limited to:
1. Rain catchment and harvesting for on-site irrigation purposes; and
2. Rain gardens (shallow depressions or swales) that slow storm runoff and reduce the impact of what is found in stormwater as it enters storm drainage control systems.
C. Perimeter
1. The perimeter of all parking lots with frontage on any portion of a public right-of way shall be screened by a continuous landscaped hedge, a wall, or fence supported by masonry piers. Perimeter screening shall be at least 30 inches in height at the time of installation, and any planted screening shall reach a minimum height of 36 inches within two years of planting.
2. The perimeter of all parking lots adjacent to residentially zoned property shall provide a transitional yard TY3 (See 4.5.5).
D. Interior
1. Interior islands
An interior landscaped island shall be provided for every ten spaces. Each island shall contain a minimum of 200 square feet with a minimum width of eight feet inside the curb and include a minimum of one canopy tree; provided that, where an island includes a sidewalk, such islands shall contain a minimum of 400 square feet with a minimum of 15 feet inside the curb. Planting islands shall be evenly distributed throughout the parking lot; with no parking space located more than 50 feet from a planting island. Interior islands may be consolidated or intervals may be expanded in order to preserve existing trees, where approved by the zoning administrator.
2. Terminal islands
All rows of spaces shall terminate in a curbed landscaped island. Each island shall conform to the specifications described in 4.5.7.D.1, above.
3. Median islands
A median island with a minimum width of eight feet inside the curb shall be sited between every six single parking rows. Median intervals may be expanded in order to preserve existing trees, where approved by the zoning administrator.
E. Parking structures
1. General
Parking lot interior landscaping requirements shall not apply to parking structures.
2. Perimeter landscaping
Structured parking above finished grade shall comply with building setback requirements. Landscaping for parking structures shall be provided in all yards pursuant to perimeter landscaping requirements for surface parking. However, where the location of such structure with respect to property boundary and adjacent structures will substantially inhibit the growth of the required trees, such trees may be located along another perimeter of the site in a manner approved by the zoning administrator.
F. Curbs and vehicle barriers
Landscaped areas in or abutting parking lots must be protected by concrete curbing, anchored wheel stops, or other durable barriers approved by the zoning administrator. Curbs protecting landscaped areas may be perforated, have gaps, or otherwise be designed to allow stormwater runoff to pass through them.
G. Landscape materials and design
Landscape material used to satisfy the parking lot landscaping requirements of 4.5.7 are subject to the regulations of 4.5.9.
4.5.8 Screening
A. Features to be screened
The following features must be screened from view of public rights-of-way, public open spaces and from lots used or zoned for residential purposes, as specified in 4.5.8.
1. Drive-through windows/facilities, subject to 4.5.8.B;
2. Ground-mounted mechanical equipment, subject to 4.5.8.C;
3. Outdoor storage of materials, supplies, vehicles and equipment, subject to 4.5.8.D;
4. Pick-up and drop-off containers and facilities, subject to 4.5.8.E;
5. Roof-mounted mechanical equipment, subject to 4.5.8.F; and
6. Trash receptacles and service areas, subject to 4.5.8.G.
B. Drive-through windows/facilities
Drive-through windows/facilities and lanes shall be subject to the following screening requirements:
1. Drive-through windows/facilities and lanes placed between the right-of-way and the associated building shall require landscape plantings installed and maintained along the entire length of the drive-through lane, located between the drive-through lane and the adjacent right-of-way.
2. Such screening shall be a compact evergreen hedge or other type of dense foliage. At the time of installation, such screening shall be at least 36 inches in height and shall reach a height of 48 inches within two years of planting.
C. Ground-mounted mechanical equipment
All ground-mounted mechanical equipment over 30 inches in height must be screened from view by a solid fence, solid wall, dense hedge, or combination of such features. The hedge, fence or wall must be tall enough to screen the equipment.
D. Outdoor storage of materials, supplies, vehicles and equipment
1. On nonresidential lots, all stored materials, supplies, merchandise, vehicles, commercial vehicles, boats (or similar), trailers, recreational vehicles, equipment, or other similar materials that are not on display for direct sale, rental or lease to the ultimate consumer or user must be screened by landscaping or solid fencing or wall, with a minimum height of six feet at the time of installation. (See also 4.10)
2. On residential lots, all stored materials, supplies, equipment, or other similar materials, including any vehicles, trailers, commercial vehicles, boats (or similar), recreational vehicles, or similar vehicles kept on an unsurfaced area, shall be located in the side or rear yard, screened from the view from the street and first story of any neighboring dwelling to the extent possible by landscaping or solid fencing or wall, and the total area for such outdoor storage shall not occupy more than 25 percent of the side and rear yards combined.
3. On residential lots, one commercial vehicle of a weight less than 9,000 pounds, one commercial trailer, or one noncommercial vehicle of a weight more than 9,000 pounds but less than 15,000 pounds may be kept in accordance with the provisions of City Code, Section 98-147(c). Screening shall not be required provided the vehicle or trailer is kept on a surfaced area.
4. On residential lots, boats (or similar) on trailers and noncommercial trailers may be kept without screening, provided the trailer is kept on a surfaced area.
5. On residential lots, screening shall not be required for firewood, outdoor furniture, portable grills, or similar items accessory to the residential use or for storage of materials and equipment related to a construction project for which a valid building permit is in effect and where the materials and equipment are maintained in an orderly condition and do not constitute a hazard.
E. Pick-up and drop-off containers and facilities
Pick-up and drop-off containers and facilities shall be screened from the first story window(s) of any neighboring dwellings by a solid fence, solid wall, dense hedge, or combination of such features. The hedge, fence or wall must be tall enough to screen the equipment.
F. Roof-mounted mechanical equipment
1. Roof-mounted mechanical equipment (e.g., air conditioning, heating, cooling, ventilation, exhaust and similar equipment, but not elevator shafts, solar panels, wind energy or similar renewable energy devices) over 30 inches in height must be screened from ground-level view at the property line in one of the following ways:
(a) A parapet wall;
(b) A solid screen, which shall be an integral part of the building?s architectural design; or
(c) An equipment setback from roof edges that is at least three feet in depth for each one foot of equipment height.
2. Fire safety access shall be provided.
G. Trash receptacles and service areas
1. Trash receptacles and service areas (e.g., recycling containers, grease barrels, medical waste bins) must be screened from view of streets and all abutting lots with a solid wall or opaque fence, with doors or gates, at least six feet in height.
2. Trash receptacles and service areas may be located in parking lot but shall not reduce applicable parking requirements.
3. Trash receptacles and service areas may not be located in the required front or side (street) yard.
H. Landscape materials and design
Landscape material used to satisfy the screening requirements of 4.5.8 are subject to the regulations of 4.5.9.
4.5.9 Landscape material and design
A. Landscaping within required landscaped areas
Required landscaped areas must be covered with biodegradable mulch and/or ground cover plants.
B. Plant types
There are three plant types referred to in this section, and all shall require the use of locallyadapted plants. They include canopy trees, understory trees and shrubs, defined as follows:
1. Canopy trees
Large deciduous shade trees with a mature height of 30 feet or greater and a mature spread of 30 feet or greater, with a mature height of 20 feet or greater.
2. Understory trees
(a) Small deciduous trees or large deciduous shrubs with a mature height of 10 to 30 feet, except under overhead utilities, where lower heights at maturity may be required; or
(b) Trees or large shrubs at least 10 feet tall at maturity that usually have green foliage throughout all seasons of the year.
3. Shrubs
Prostrate or upright woody plants, either evergreen or deciduous, with a mature height usually less than 10 feet. Evergreen shrubs usually have green foliage throughout all seasons of the year.
C. Required fencing and walls
Fencing and walls used for required screening and in transitional yards shall:
1. Be constructed of high quality materials, such as decorative blocks, brick, stone, treated wood, or composite wood-like material complementary to the principal structure; Chain-link fences and barbed wire or concertina wire shall not be utilized for screening purposes;
2. Breaks in the fence or wall may be provided for pedestrian connections to adjacent properties; and
3. The maximum length of a continuous, unbroken and uninterrupted fence or wall plane shall be 100 feet; visual relief shall be provided at intervals not exceeding 100 feet through the use of masonry columns at reasonable intervals.
D. Existing trees and vegetation
Existing non-invasive trees and shrubs count toward satisfying the landscaping regulations of 4.5 if they are located within the subject area and they comply with the plant height and size requirements of 4.5.9.
1. Tree management plan
A tree management plan shall be required prior to the removal or destruction of existing trees that are at least five inches in diameter measured at breast height (DBH), including the following information, except as deemed necessary by the zoning administrator:
(a) The location, size, condition and species of all trees which are at least five inches in diameter to be preserved or removed;
(b) The location, size and species of all trees to be preserved or removed;
(c) Specifications for the removal of trees and protection of trees during construction;
(d) Proposed grade changes or other potentially injurious work adjacent to trees designated for preservation with specifications for maintaining ground drainage and aeration around such trees;
(e) The location, size and species of all trees to be planted; and
(f) Such other information that the zoning administrator deems essential.
2. Tree protection during construction
(a) Existing trees specified on the landscape plan to remain on the site shall be protected from vehicular movement and material storage over their root spaces during construction. An undisturbed area with a porous surface shall be reserved around a tree, based on the drip line or as specified by an arborist or landscape architect.
(b) A temporary tree protection fence shall be installed along the drip line.
3. Tree removal
(a) Diseased trees or trees weakened by age, storm, fire or other injury may be removed in accordance with this 4.5.9.D.3. Trees that are damaging or can be reasonably expected to damage buildings, streets, sidewalks or other infrastructure may be removed, subject to verification of site conditions by the zoning administrator. All other tree removal should be based on a consideration of the following:
(1) The effect of the proposed tree removal upon the stabilization of soil, lakes, ponds, streams and rivers;
(2) The intended use of the property and feasible alternatives which would preserve existing trees;
(3) The existing topography, proposed changes in the topography and proposed landscaping;
(4) The hardship imposed or the reasonable use denied to the applicant as a result of permit denial;
(5) Historical value of the trees;
(6) Good horticultural and forestry practices;
(7) The effect of the proposed tree removal on the deadening and absorption of sound;
(8) The likelihood that the proposed action will adversely affect the control of flooding or soil erosion;
(9) The impact of such action on surrounding property or persons; and
(10) The consistency of the proposed action with the purpose of 4.5.1.
(b) Trees that are approved by the zoning administrator for removal shall be replaced with new trees or large shrubs on the same property and in the same general location.
4.5.10 Alternative compliance
In order to encourage creativity in landscape and screening design and to allow for flexibility in addressing atypical, site-specific development/redevelopment challenges, the zoning administrator is authorized to approve alternative compliance landscape plans subject to the following findings:
A. The approved administrative alternate meets the intent of the landscaping regulations;
B. The approved administrative alternate complies with the comprehensive plan and adopted city plans; and
C. The approved administrative alternate is considered equal to or better than the standard.
(10-1-16)
Falls Church City Code View whole ordinance
Chapter 35 STORMWATER
ARTICLE I. STORMWATER MANAGEMENT
Sec. 35-6. Stormwater management technical standards.
(a) General stormwater management technical standards. All land disturbing activities regulated pursuant to this article within the city shall comply with the following general technical standards:
(1) Land disturbance shall be limited to the area necessary to provide for the proposed use or development. In accordance with an approved grading plan, the limits of land disturbance, including clearing or grading, shall be strictly defined. These limits shall be clearly shown on submitted plans and physically marked on the development site.
(2) Existing indigenous vegetation and trees shall be preserved to the maximum extent practicable, consistent with the proposed use or development, in accordance with chapters 14 and 44, pertaining respectively to environment and vegetation, and as follows:
a. Existing trees over two inches in DBH and shrubs greater than five feet in height shall be preserved outside the approved construction footprint consistent with subsection (a)(1) of this section. Diseased or weakened trees, by age, storm, fire or other injury, may be required to be removed, by the director.
b. The regulation of any historic, specimen, street, park, memorial and other public trees shall be regulated in accordance with chapter 44, pertaining to vegetation. This may include the bonding of these types of trees in situations where the critical root zone (CRZ) or canopies extend onto the site.
c. Clearing shall be allowed only to provide necessary access, positive site drainage, water quality BMPs and the installation of utilities.
d. Tree preservation shall be in accordance with the City of Falls Church Tree Preservation Standards and Specifications. A copy of the approved plan and the specifications shall be kept on-site at all times.
e. Prior to clearing and grading, tree preservation fencing, consistent with the City of Falls Church Tree Preservation Standards and Specifications, signs, or other such material may be required by the director. These preservation measures shall be installed to protect the CRZ of any woody vegetation to be preserved on the site, as well as to protect the CRZ of any woody vegetation trees on adjacent properties including rights-of-way that extend onto the site.
f. Tree preservation fencing shall remain in place throughout all phases of construction. Fencing shall not be removed until all construction equipment has left the site and written approval is granted by the director.
g. Exceptions may be granted to allow access to the site and work area, with specific conditions established by the director.
h. The storage of equipment, materials, debris, or fill shall not be allowed within the enclosure of the tree preservation fencing.
i. The applicant shall submit, in writing to the director, a verification that all required tree preservation fencing and required preservation measures have been completed. The director shall inspect and approve this verification, within three business days, prior to the issuance of any permits.
(3) Natural groundcover, especially woody vegetation, shall be used to the extent that is practicable, as it is most effective in holding soil in place and preventing site erosion. Adaptability to local conditions without the use of harmful fertilizers or pesticides, and the ability to filter runoff, make the use of indigenous vegetation preferable to non-indigenous plantings.
(4) Land development shall minimize impervious cover associated with the proposed use or development. Keeping impervious cover to a minimum enhances rainwater infiltration and effectively reduces stormwater runoff potential.?
?
(Ord. No. 1915, 3-24-2014; Ord. No. 1928, 9-8-2014)
Falls Church City Code View whole ordinance
Chapter 44 VEGETATION
ARTICLE II. TREES AND SHRUBS
DIVISION 1. GENERALLY
Sec. 44-20. Purpose.
It is the purpose and intent of the city:
(1) To regulate the removal of trees from public and private property in the city in order to preserve, protect and enhance valuable natural resources entrusted to the state;
(2) To protect the health, safety and welfare of its citizens;
(3) To establish standards limiting the removal of and ensuring the replacement of trees sufficient to safeguard the ecological and aesthetic environment necessary to a community;
(4) To prevent the unnecessary clearing and disturbing of land so as to preserve, as is practicable, the natural and existing growth of vegetation;
(5) To replace, when feasible, the removed trees with the same, comparable, or improved species;
(6) To provide protective regulations against hazardous trees and diseased trees or shrubs, and the growth of weeds and brush;
(7) To control activities relative to trees and plantings upon the streets or public property of the city;
(8) To establish a permit procedure for tree contractors; and
(9) To provide for a tree commission.
(Code 1982, ? 35-1; Ord. No. 811)
Falls Church City Code View whole ordinance
Chapter 44 VEGETATION
ARTICLE II. TREES AND SHRUBS
DIVISION 4. TREE REMOVAL
Sec. 44-108. Applicability of article.
The terms and provisions of this article shall apply to real property in the city as follows:
(1) All undeveloped property and property undergoing redevelopment.
(2) Yard area of all developed property except residential property zoned R-1A and R-1B; provided that the covered area of historic and specimen trees shall be covered by the terms of this article.
(3) Covered area of historic or specimen trees.
(4) Public rights-of-way, parks and public grounds.
(Code 1982, ? 35-11; Ord. No. 811)
Falls Church City Code View whole ordinance
Chapter 44 VEGETATION
ARTICLE II. TREES AND SHRUBS
DIVISION 5. TREE PRESERVATION AND MAINTENANCE AGREEMENT AND BOND
Sec. 44-136. Purpose and amount of bond.
Prior to approval of the plan required by this article and prior to the issuance of building and development permits, there shall be executed by the owner or the owner's agent, and submitted with the plans, an agreement to establish the measures provided for on the plans for the protection of existing trees, together with a cash bond, to be deposited in an interest bearing escrow account upon which the city may draw, in accordance with the agreement, in an amount equal to the total replacement cost of the protected trees plus the cost of the measures required by the agreement for the protection of the trees. Deposit of such funds shall be in a qualified security or insured savings account and any interest earned shall be credited to the owner or agent. The agreement and bond shall be provided for the installation, maintenance and performance of these protective measures and to ensure the repair and replacement, if necessary, of the protected existing trees.
(Code 1982, ? 35-15(a); Ord. No. 811; Ord. No. 953; Ord. No. 1042, 3-28-1983; Ord. No. 1236, 9-13-1988; Ord. No. 1659, 10-25-1999)
Falls Church City Code View whole ordinance
Chapter 48 ZONING
ARTICLE III. DISTRICTS
DIVISION 4. R-C, CLUSTER RESIDENCE DISTRICT
Sec. 48-294. Intent.
The R-C, cluster residence district shall be comprised generally of and designated for residence-cluster use on the adopted master plan. This district is created for the purposes of stabilizing and improving the residential character of the city and meeting the residential needs of the population. The cluster residence district is intended to provide for creativity in residential design in a manner that will be compatible with adjacent uses such as detached housing, apartments or commercial developments. The cluster residence district may serve as a transition between commercial and low density residential areas as well as serve as a housing alternative in its own right. Cluster residence developments shall be designed to maximize use of existing trees and to provide convenient parking and common open space for the use of the residents.
(Code 1973, ? 81-35; Code 1982, ? 38-18(a); Ord. No. 586; Ord. No. 610; Ord. No. 866; Ord. No. 987, 11-9-1981; Ord. No. 1142, 6-23-1986; Ord. No. 1277, ? 2, 10-10-1989; Ord. No. 1766, 9-13-2004)
Sec. 48-298. Conditions applying to permitted uses.
?
(k) A landscaped strip of at least ten feet in width shall be provided along the side and rear boundaries of the development in accordance with the requirements of article V, division 8. Trees, shrubs, ground cover, a hedge and/or a wall may be required by the planning commission with the advice of the architectural advisory board and the city arborist. The objectives of the landscaping requirement in the R-C district shall be to provide an aesthetically pleasing visual transition from one residential property to another, buffering of lower density districts, buffering and screening of commercial uses, preservation of trees and addition of appropriate shade trees along the street right-of-way. A fenced or walled privacy yard shall not extend into a required landscaped strip.
?
(Code 1973, ? 81-35; Code 1982, ? 38-18?; Ord. No. 586; Ord. No. 610; Ord. No. 866; Ord. No. 987, 11-9-1981; Ord. No. 1142, 6-23-1986; Ord. No. 1277, ? 2, 10-10-1989; Ord. No. 1766, 9-13-2004)
Falls Church City Code View whole ordinance
Chapter 48 ZONING
ARTICLE V. SUPPLEMENTARY REGULATIONS
DIVISION 5. MIXED-USE REDEVELOPMENT (MUR) REGULATIONS
Sec. 48-1080. - General requirements.
?
(h) Landscaping and open space requirements. Section 48-940 does not apply to MUR applications. The remainder of division 2 of this article is applicable.
(1) All MUR site plan applications must contain a landscaping plan. A minimum of 15 percent of the gross site area must be landscaped open space. The term "landscaped open space" is defined in section 48-2. This 15 percent may include up to five feet of landscaped perimeter setback areas. A five-foot landscaped open space area, as defined in section 48-2, must be included on all MUR application area perimeter streets as part of the 14- to 20-foot required perimeter setback. MUR application area perimeters that are not bounded by street frontage and abut properties outside of the MUR application area must comply with the site screening requirements of this section. Five percent of the interior of all surface parking facilities must be landscaped. The internal area of a parking facility is defined by the perimeter of the curbs or edge of paving. This five percent of interior surface parking areas may also be included within the 15 percent gross site area requirement. Structured parking facilities must include a minimum of two percent of landscaped area on the top decks, with the remaining three percent to be planted adjacent to the ground level of the parking structure. Rear townhouse yards cannot be applied to the 15 percent landscaped open space requirement. The following standards also apply to the 15 percent gross site area landscaped open space requirements:
a. The five percent landscaping requirement for the interior of surface parking areas must be in the form of islands which must include a mixture of shade trees, shrubs, groundcover, and perennials to maximize shade potential and visual buffers. Each island must contain a minimum of one canopy tree and 150 square feet.
B. Best management practices shall be employed in establishing stormwater management techniques, as described in the Falls Church Watershed Management Plan, section 4.0.
c. The two percent landscaping requirement for the top decks of structured parking facilities should include three-foot perimeter planters at certain locations and corner planters with shade trees. The majority of the remaining three percent of landscaping adjacent to the ground level of the structure should be comprised of evergreen screening with the capacity to grow to a minimum of eight feet in height.
D. Landscaping within the required perimeter setback area shall include street-type shade trees, measuring from two to 2? inches in caliper, planted at intervals of 30 to 40 feet. In addition, a combination of large shrubs, small shrubs, and groundcover (not to include turf grass) arranged formally or informally, that will cover the entire area at maturity, shall be required. Groundcover shall not comprise more than 15 percent of the site screen area. Large shrubs shall measure at least 30 inches in height at the time of planting and reach a minimum mature height of 3? feet. Small shrubs shall measure at least 18 inches in height at the time of planting and reach a maximum of 3? feet at maturity. Enough large shrubs must be planted to maintain a visual buffer the length of the setback area, if a MUR area perimeter is adjacent to an adjoining property and is not separated by a street, subsection (h)(2) of this section will govern the requirements for that section of the perimeter.
E. All plant materials must be inspected by the city arborist prior to planting and shall meet the city's approved plant list and commercial site planting requirements. Installation may be spot checked by the city arborist.
F. Landscaped open space shall be consolidated into useable areas when possible.
(2) Site screening is required between adjoining uses and development not separated by a street at a MUR application area perimeter. All MUR site plan applications must adhere to the following site screening requirements to provide a visual buffer between adjoining uses. These requirements apply only to perimeter boundaries of any MUR application and not to district separations that are interior to a MUR application area. Site screening requirements vary depending on the intensity of both the district in which a use is proposed and its neighboring district.
A. Site screening requirement A. A ten-foot wide landscaped planting strip shall include street-type shade trees, measuring from two to 2? inches in caliper, planted at intervals of 30 to 40 feet. In addition, a combination of large shrubs, small shrubs, and groundcover (not to include turf grass), arranged formally or informally, that will cover the entire area at maturity shall be required. Groundcover shall not comprise more than 15 percent of the site screen area. Large shrubs shall measure at least 30 inches in height at the time of planting and reach a minimum mature height of 3? feet. Small shrubs shall measure at least 18 inches in height at the time of planting and reach a maximum of 3? feet at maturity. Enough large shrubs must be planted to maintain a visual buffer the length of the site screen area. All species must be approved by the city arborist.
B. Site screening requirement B. A ten-foot wide landscaped planting strip shall include street-type shade trees, measuring from two to 2? inches in caliper, planted at intervals of 30 to 40 feet. In addition, a combination of large shrubs, small shrubs, and groundcover (not to include turf grass), arranged formally or informally, that will cover the entire area at maturity shall be required. Groundcover shall not comprise more than 15 percent of the site screen area. Large shrubs shall measure at least 30 inches in height at the time of planting and reach a minimum mature height of 3? feet. Small shrubs shall measure at least 18 inches in height at the time of planting and reach a maximum of 3? feet at maturity. Enough large shrubs must be planted to maintain a visual buffer the length of the site screen area. In addition to this vegetation, a screening element of at least six feet in height must be created to consist of either a masonry wall, a combined three foot high earthen berm with the required landscaping located atop the berm, or a solid wood fence. All species must be approved by the city arborist.
C. Site screening requirement C.
1. A seven-foot-wide landscaped planting strip shall include evergreen trees planted at intervals of six to ten feet, measuring a minimum of six feet in height at the time of planting and reaching a minimum height of 12 feet at maturity. In addition to this vegetation, a screening element of at least six feet in height must be created to consist of either a masonry wall or a solid wood fence. All species must be approved by the city arborist.
2. Requirements A, B, and C are standards for the size and site screening area and the density and type of landscaping/planting. The developer may substitute a higher site screening requirement, requirement C being higher than B, and B being higher than A. In certain situations, as designated in the table in this subsection, either site screening requirement B or C may be used. Existing trees and other vegetation may be used for site screening, if they are healthy and are approved as part of the landscaping plan by the city arborist. All site screening required by this section must be installed prior to the occupancy of the use. Where compliance with this regulation is not possible because of seasonal planting limitations, the city arborist shall grant an appropriate delay.
?
The preexisting commercial structures within a MUR application area shall not be basis for receiving residential building permits prior to the footer inspections for all commercial structures shown on the approved site plan.
(Code 1982, ? 38-34(a)(2); Ord. No. 1636, 3-8-1999; Ord. No. 1670, 3-13-2000; Ord. No. 1671, 4-10-2000)
Falls Church City Code View whole ordinance
Chapter 48 ZONING
ARTICLE V. SUPPLEMENTARY REGULATIONS
DIVISION 8. LANDSCAPING
Sec. 48-1179. Intent and objectives.
The intent of this division is to preserve existing healthy vegetation and create new landscaping areas in areas that are being developed or redeveloped in commercial and residential areas. Natural vegetation and landscape plantings are an important community asset as they provide environmental benefits, enhance community character, and add to property values. Definitions within this section shall be consistent with article IV, division 16 of this chapter, pertaining to the Chesapeake Bay preservation area. The objectives set forth in this division include the following:
(1) Preserve and enhance the longevity of vegetation in residential and commercial areas throughout the city;
(2) Reduce soil erosion and stormwater runoff and protect water quality by minimizing removal of existing vegetation;
(3) Enhance the appearance and preserve the character of the surrounding properties and public rights-of-way;
(4) Improve the environment for pedestrians along streets and within parking lots and other pedestrian areas;
(5) Conserve energy and moderate solar radiation through the use of shade tree plantings in parking lots and streets;
(6) Visually integrate developments into the existing landscape and minimize potential conflicts between abutting developments, and ensure that a natural vegetative area of appropriate size and density is located between zoning districts; and
(7) Improve the quality of vegetation selection through the implementation of landscape standards and specifications.
(Code 1982, ? 38-30(a); Ord. No. 1766, 9-13-2004)
Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS
Sec. 27-8. New landscaping.
In the development of commercial property and subdivisions, the town manager, horticulturist, and building inspector shall review landscaping plans and may require changes as recommended for street trees to be planted in any of the streets, parking lots and other public places.
(Ord. No. 102, 6-15-2006)
Farmville Town Code View whole ordinance
Chapter 27 TREES AND SHRUBS
Sec. 27-2. Purpose of the chapter.
It is the purpose of this chapter to:
(1) Conserve and protect public land, water, air, vegetation and other natural resources of the town;
(2) Promote and protect the public and private aesthetic benefits gained from trees in the town;
(3) Promote and protect the public health, safety and general welfare by providing for the regulation of planting, maintenance and removal of trees shrubs and other plants on public property within the town;
(4) Preserve and protect trees and other vegetation during all phases of any land-disturbing activity within the town;
(5) Encourage private landowners to enhance their property along street frontage and in public use areas.
(Ord. No. 102, 6-15-2006)
Franklin ZONING ORDINANCE View whole ordinance
APPEDIX A. ZONING ORDINANCE
[This Appendix D contains the Zoning Ordinance of the City of Franklin adopted on 4-11-1994. Except for nonsubstantive stylistic changes, these provisions are set out as enacted. Words appearing in brackets [ ] were added by the editor for clarity.]
Division 3. Landscaping of Vehicular Use Areas
Sec. 25.11. Intent.
The intent of this division is to ensure attractive views of vehicular use areas such as parking lots, driveways, loading and service areas, utility service areas and utility devices from streets and adjacent properties by screening such areas from adjacent properties and public rights-of-way; by moderating temperatures of impervious areas, by abating glare from parking lots or service areas and by helping to filter vehicular exhaust. This division specifies minimum requirements and design standards while allowing flexibility in design.
[Amended by Ord. No. 2004-22, 8-23-2004]
Sec. 25.12. Definition.
Vehicular use areas are areas in which motor vehicles are either stored or driven, including private access driveways, parking lots containing more than five parking spaces, vehicular display lots (vehicles for sale, rent, or lease), loading and service areas, utility service areas and utility devices, including, but not limited to, electrical substations, electrical transformers and pumping stations. Portions of interior vehicular use drives with no parking spaces on either side or used exclusively as access to loading and service areas are excluded from this definition.
[Amended by Ord. No. 2004-22, 8-23-2004]
Sec. 25.13. Vehicular use areas adjacent to buffer areas.
Where vehicular use areas are located adjacent to required buffer areas, the required buffer area landscaping as set forth in division 2 above counts toward satisfying the planting requirements for the vehicular use area.
[Amended by Ord. No. 2004-22, 8-23-2004]
Sec. 25.14. Vehicular use area landscaping requirements.
(a) Design standards for parking lots are as follows:
(1) All parking lots must have at least one canopy tree at least eight feet in height and 1 3/4 to two inches in caliper measured one foot above grade when planted with an expected mature height of 35 feet or more within 60 feet of each parking place or two small trees and/or large tree-form shrubs instead of one canopy tree, if overhead utility lines will impair the canopy tree's growth to maturity, the midpoint between said trees being within 60 feet of each parking space.
(2) Existing trees. Existing health canopy trees, meeting the size requirements set forth in 1. above, may be counted toward the requirements of this section, provided that tree protection methods are installed at least six feet from the trunks of existing trees or groupings of trees or one foot for each one inch in caliper for each tree or grouping of trees to be retained and maintained in a healthy growing condition before, during and after development of the site.
(3) Landscape areas for parking lots may be provided in islands located at the ends of rows of parking spaces, in medians located between rows of parking bays or adjacent to and within ten feet of the perimeter of the parking lot.
(4) All planting medians and islands in parking lots shall be at least seven feet wide, measured from the back of each curb and must contain at least 300 square feet for each canopy tree or two small substitute trees. Median planting strips between rows of parking bays are encouraged rather than numerous small, one tree islands. If medians are used, the distance of parking spaces from the trunk of a canopy tree or two small substitute trees may be increased to 75 feet as long as the trees planted in the medians are spaced no further than 50 feet on center.
(5) All parking lots within 20 feet from the street or any adjacent property will be screened from the right of way and any adjacent properties by evergreen plantings that will attain a height of at least three feet within three years, planted no more than six linear feet apart.
(6) Opaque fences or walls, at least 60 inches in height and architecturally compatible with the principal on-site building in construction and color., may be substituted for a maximum of 50 percent of the required shrubs to screen parking lots from adjacent properties when located within 20 feet of such properties.
(7) Berms may be installed within the area between parking lots and street rights-of-way with a minimum height of 1 1/2 feet, minimum crown width of two feet, and side slopes no greater than 3:1 ratio. Berms shall be planted with shrubs which may be lower than 18 inches in height when installed, but berms and shrubs must achieve a minimum combined height of three feet within three years.
(8) All parking lots shall provide landscaped areas equivalent to at least eight percent of the paved area of the lot.
(b) Design standards for loading and service areas are as follows:
All loading and service areas, including trash collection areas or dumpster refuse containers, when not screened by an intervening building or other structure, shall be screened from adjacent properties and streets by evergreen plant materials which can be expected to reach a height of six feet or greater within three years of installation or by opaque fences or walls at least six feet in height and architecturally compatible with the principal on-site building in construction and color.
(c) Designs standards for utility service areas and utility devices are as follows:
Any utility service area or utility device located within 20 feet of a public right-of-way and more than 36 inches in height shall be screened from the public right-of-way, which screening may not intrude into the public right-of-way. Screening shall be by evergreen plantings a minimum of 18 inches in height when installed and expected to reach a mature height and width equal to, or greater than, the utility service area or utility device, including, but not limited to, electrical substations, electrical transformers and pumping stations to be screened. Screening shall be accomplished in such a manner as to allow safe operation and access to the utility service area or utility device.
(d) Design standards for parking structures are as follows:
When parking is provided in above or below ground structures, the above requirements for parking lots shall not apply. However, if the parking structure is visible from a street right-of-way or adjacent property, one deciduous or evergreen canopy tree at least eight feet in height and 1 3/4 to two inches in caliper measured one foot above grade when planted with an expected mature height of 35 feet or more or two deciduous or evergreen substitute trees for every 25 linear feet of the structure shall be planted between the structure and the adjacent property or right-of-way.
(e) Design standards for vehicle display lots are as follows:
Where vehicle display lots are located within 20 feet of a street right-of-way, one canopy tree as defined in ? 25.16(d) or two small trees per 50 linear feet and one evergreen shrub for every six lineal feet of street frontage shall be installed. Trees and shrubs may be grouped together to enhance design elements.
[Amended by Ord. No. 2004-22, 8-23-2004]
Franklin ZONING ORDINANCE View whole ordinance
APPEDIX A. ZONING ORDINANCE
[This Appendix D contains the Zoning Ordinance of the City of Franklin adopted on 4-11-1994. Except for nonsubstantive stylistic changes, these provisions are set out as enacted. Words appearing in brackets [ ] were added by the editor for clarity.]
ARTICLE XXV. Landscaping Requirements
Division 1. In General
Sec. 25.1. Purpose and applicability.
(a) In order to enhance the general appearance and design of developments which are of prime importance to the City of Franklin and its citizens, it is necessary to set forth standards for overall landscape design, preservation of existing vegetation and installation of new landscaping. It is purpose of this article:
(1) To provide standards that, when adhered to, will enhance the appearance of developments, streets and sidewalks in the city, while allowing for individuality, creativity, and artistic expression in design;
(2) To contribute to the preservation of wildlife habitat and to promote good air quality, groundwater recharge and energy conservation, while reducing noise, glare, and excessive heat;
(3) To encourage and promote an appropriate balance between the built and the natural environment;
(4) To preserve and improve property values (public and private) through preservation of open space, protection of existing vegetation, provision for buffers between incompatible uses and along roadways and encouragement of the planting of new vegetation where appropriate;
(5) To preserve and enhance the ecological and aesthetic value of property by requiring the installation of tree canopy and other vegetation thereon;
(6) To realize the economic and environmental value gained by the preservation of existing vegetation and undisturbed soils;
(7) To promote water conservation through preservation of natural areas, encouragement of good soil management and encouragement of the use of native and/or drought tolerant plant materials; and
(8) To preserve topsoil by minimizing slopes and to prevent an increase in stormwater runoff from sites subject to this article.
(b) Application: The requirements of this article shall apply to all real property, public and private, located in the City of Franklin for which site plan approval is required pursuant to article XXIV of this ordinance except the following:
(1) Renovation or repairs of an existing structure or building or additions thereto which result in an expansion of less than 50 percent of the square footage of the same.
(2) Changes of use of structure or building in the same land use classification or to a lower classification.
(3) Improved properties in the downtown service district as defined in chapter 27 of the City of Franklin Code.
(4) One or two family dwellings.
Franklin ZONING ORDINANCE View whole ordinance
APPEDIX A. ZONING ORDINANCE
[This Appendix D contains the Zoning Ordinance of the City of Franklin adopted on 4-11-1994. Except for nonsubstantive stylistic changes, these provisions are set out as enacted. Words appearing in brackets [ ] were added by the editor for clarity.]
Division 2. Buffer Areas
Sec. 25.3. Buffer areas ? Intent.
The intent of this division is to provide standards for the installation of a visual and vegetative separation between incompatible or different uses and to promote, where feasible, the preservation of existing vegetation rather than the removal of existing vegetation and installation of new plant materials in a required buffer area.
[Amended by Ord. No. 2004-22, 8-23-2004]
Sec. 25.4. Vegetation, permitted uses and grading within buffer areas.
Buffer areas shall meet the requirements of this division by any combinations of the following:
(1) Allowing natural vegetation to remain;
(2) Removing dead, diseased or unsightly vegetation; and/or
(3) Installing supplemental plantings.
Driveways are permitted in buffer areas and should intersect with public streets as near to a 90-degree angle as is practical given the shape and topography of the property. Some grading in buffer areas may be permitted.
[Amended by Ord. No. 2004-22, 8-23-2004]
Sec. 25.5. Location of buffer areas.
Unless an alternate location is approved by the zoning administrator, or his or her designee, all required buffer areas shall be located generally parallel to the perimeter of any lot, but should stop at the front yard setback line. All required buffer areas shall be clearly labeled and dimensioned on the landscape plans.
[Amended by Ord. No. 2004-22, 8-23-2004]
Sec. 25.6. Width of buffer areas and type of planting.
(a) Buffer widths shall be based on the land use classifications of proposed and adjacent uses. Such classifications are set forth in ? 25.8.
(b) New developments shall provide buffer areas to separate the proposed use from adjacent uses(s) of the width and with the type of planting set forth Table 1 below,[1] whether by preservation of existing vegetation, installation of new plantings or a combination thereof.
[Amended by Ord. No. 2004-22, 8-23-2004]
[1]: Editor's Note: The Table of Buffer Widths is included at the end of ? 25.9.
Sec. 25.7. Meeting buffer requirements.
(a) If the proposed development is adjacent to improved property then the entire buffer requirements shall be met.
(b) If the proposed development is adjacent to unimproved property then one-half of the buffer requirements shall be met.
[Amended by Ord. No. 2004-22, 8-23-2004]
Sec. 25.8. Land use classifications.
(a) Class 1:
Low density residential use equal to or less than four units per acre, public parks, resource conservation areas, greenways, recorded permanent open space, farms and similar low density uses as determined by the zoning administrator in his discretion.
(b) Class 2:
Medium density residential use of five to 12 units per acre.
Professional and other business offices, studios, agencies, and laboratories (with no drive-in services or automated teller machines).
Civic clubs, housing for fraternal organizations.
Bed and breakfast establishments and rooming houses.
Funeral homes, cemeteries, grave sites.
Telegraph, CATV, radio, and television broadcasting and transmission facilities.
Fire stations and facilities housing emergency service vehicles, police precinct, and support training facilities.
Churches, synagogues, convents, monasteries.
Public and private schools, secondary and elementary schools but not stadiums.
Golf courses other than driving ranges and miniature golf.
Day care facilities, adult care day care facilities, assisted living/care facilities, and convalescent care facilities.
Beauty salons and barber shops.
Tanning salons.
Similar medium density uses as determined by the zoning administrator in his discretion.
All accessory uses serving the uses listed in this section.
? Class 3:
High density residential use of more than 12 units per acre including multi-family apartments and townhouses.
Retail sales and services, commercial uses, sales and service of equipment.
Eating establishments, food stores, uses with any drive-in service, automated teller machines or both.
Hotels, motels, and campgrounds.
Colleges, universities, technical and specialty schools, vocational schools, instructional facilities, libraries, galleries, and museums.
Hospitals and asylums.
Outdoor stadiums, theaters, racetracks, coliseums or civic centers of less than 250 seats, indoor movie theaters.
Plant nurseries.
Similar high density uses as determined by the zoning administrator in his discretion.
All accessory uses serving the uses listed in this section.
(d) Class 4:
Industrial and manufacturing uses including processing of materials, bulk products, fabricating, manufacturing, mixing, printing, assembly, cutting or repairing of articles, and products for handling or the distribution of materials, articles, or products.
Mini warehouse storage facilities, warehousing and distribution centers, or storing indoors or outdoors as a primary use, wholesaling, outdoor storage of contractors equipment, coal or lumber yard, and scrap yard.
Storage in bulk quantities, above or below ground, of flammable or combustible liquids and hazardous chemicals, but not storage at gasoline service stations in quantities for retail sales to the general public nor storage for consumption on the premise.
Transportation facilities, terminals, depots, storage of trains, trucks, buses and other vehicles.
Airfields, landing strips, heliports, railroad freight and passenger stations.
Utility power, treatment, or gas plants, incinerators, storage terminals, water towers and tanks not located on a roof, and accessory uses and parking.
The temporary or permanent outdoor storage of vehicles, including wrecked, dismantled or partially dismantled vehicles, manufactured homes, boats, aircraft, farm machinery, taxis, automobiles, buses, trucks and motorcycles as the primary use (such as parking garages, dealers, parking rental lots, and park 'n' ride lots); or vehicles in excess of eight used in the operation of a business or service (such as motor pool and fleet vehicles).
The raising of, the processing of, or the slaughtering of animals and insects, but not pasture lands.
Landfills, indoor or outdoor reclamation facility, storage of recyclable materials, and unlicensed, uninspected, wrecked, crushed, dismantled or partially dismantled vehicles.
Quarry and mining operations.
Outdoor stadiums, race tracks, theaters and coliseums or civic centers of 250 or more seats, and outdoor movie theaters.
Penal and correctional institutions.
Recreational outdoor use ? commercial, (excluding golf courses), including membership and non-membership facilities, but not including recreational use related to residential development, or recreational use restricted to membership ? not for profit in a residential district.
Public utilities substations.
Shopping centers, shopping areas, and automotive service and repair facilities.
Outdoor storage for the operation of any of the uses listed in this part.
Outdoor rifle ranges.
Kennels.
All accessory uses serving the uses listed in this section.
[Amended by Ord. No. 2004-22, 8-23-2004]
Sec. 25.9. Required number of buffer plantings.
(a) The following buffer plantings are required for every 100 lineal feet of buffer length:
For a 15-foot wide buffer: 25 shrubs.
For a 25-foot wide buffer: 40 shrubs.
For a 30-foot wide buffer: 55 shrubs.
(b) Additional buffer planting shall be required on a prorated basis for every additional 20 lineal feet of buffer length.
Table of Buffer Widths Based On Use Classifications
Use Classification: Use Classification of Adjacent Use(s) and Buffer Width ( Class 1 (ft) / Class 2 (f / Class 3 (f / Class 4 (ft)
Class 1: / 1 / 2 / 30
Class 2: 1 / / 1 / 25
Class 3: 2 / 1 / / 15
Class 4: 3 / 2 / 1 / 0
[Amended by Ord. No. 2004-22, 8-23-2004]
Sec. 25.10. Types of landscaping required for buffer areas.
Evergreen shrubs planted to meet the requirements of this section shall be planted at a minimum of 24 inches in height at time of planting and should achieve a minimum height of five feet within five years of planting. Shrubs planted on berms may have a lesser mature height but the combination of shrub height and berm height shall be at least equivalent to the minimum height required. No shrub shall be planted further than six feet from another shrub on center and shall be at least six feet from existing trees. Developers are encouraged to leave existing, attractive, healthy trees in the buffer area.
[Amended by Ord. No. 2004-22, 8-23-2004]
Franklin ZONING ORDINANCE View whole ordinance
APPEDIX A. ZONING ORDINANCE
[This Appendix D contains the Zoning Ordinance of the City of Franklin adopted on 4-11-1994. Except for nonsubstantive stylistic changes, these provisions are set out as enacted. Words appearing in brackets [ ] were added by the editor for clarity.]
Division 4. Street Yard Landscaping
Sec. 25.15. Intent.
This division is intended to establish a landscaped area adjacent and parallel to any public street right-of-way. This street yard shall be planted with live, healthy trees to provide a pleasing appearance, a continuity of vegetation, a reduction in impervious surfaces, a reduction in stormwater runoff, improvements in air quality and increased shaded areas.
[Amended by Ord. No. 2004-22, 8-23-2004]
? 25.16. Street yard design standards.
(a) Generally. Street yards shall be landscaped with live vegetation and maintained by the property owner. Such landscaping may be used to help satisfy the requirements for buffer areas (division 2) and vehicular use area landscaping (division 3).
(b) Impervious surfaces. Access driveways shall cross the street yard as near to a 90-degree angle as is practical given the shape and topography of the property. No other impervious surfaces may be used in calculating the street yard area requirements.
? Tree quantity. Street yards shall contain at least one canopy tree for every 50 linear feet of street yard, or fraction thereof, for the entire frontage of the site. Trees may be grouped together to enhance the appearance of the site and enhance the design of the landscaping, but no trees shall be installed closer than ten feet on center. No more than 25 percent of the required trees shall be evergreen.
(d) Tree size. Trees shall be a minimum of 1 3/4 to two inches in caliper measured one foot above grade and a minimum of eight feet in height at installation and shall be expected to achieve a minimum height of 35 feet at maturity unless the canopy of such a tree will be impaired by utility lines, in which case two small trees may be substituted therefor.
? Existing trees. Existing trees may be used to satisfy the requirements for street yard planting, provided that these trees meet the size requirements of subsection (d) above and are maintained in a healthy growing condition before, during and after development of the site.
(f) Street yard width and area requirements. All new developments shall provide a street yard that averages at least ten feet in width and is no less than six feet in width at any point along its street frontage as measured perpendicularly to the public street right-of-way. The minimum area of the street yard in square feet shall be equal to the length of the property along the right-of-way in linear feet times ten. Street yard widths in excess of 20 feet shall not be calculated in determining the minimum area. Access drives are excluded in calculating the length of the street yard.
[Amended by Ord. No. 2004-22, 8-23-2004]
Fredericksburg City Code View whole ordinance
Chapter 66. Streets, Sidewalks and Other Public Places
ARTICLE VI. Trees
Sec. 66-221. Purpose and authority.
In order to promote the general health, safety, and welfare of the public, to facilitate the creation of an attractive and harmonious community, to conserve, protect, and enhance the City's natural resources, and to safeguard and protect land values, the City tree program is hereby established. The goals of the tree program shall be:
A. To aid in stabilizing the environment's ecological balance by contributing to the process of air purification, oxygen regeneration, groundwater recharge, and stormwater runoff retardation, while aiding in noise, glare and heat abatement;
B. To encourage the preservation of existing trees, shrubs, and cultivated vegetation;
C. To beautify the City;
D. To safeguard and enhance property values and to protect public and private investment;
E. To preserve, protect, and restore the unique identity and environment of the City and to protect its economy; and
F. To conserve energy and protect the public health, safety, and general welfare.
[Ord. No. 04-08, 4-27-2004]
Fredericksburg City Code View whole ordinance
Chapter 72. Unified Development Ordinance
[HISTORY: Adopted by the City Council of the City of Fredericksburg 10-8-2013 by Ord. No. 13-16; recodified 12-12-2013. Amendments noted where applicable.]
SECTION 72-55. Landscaping
Sec. 72-55.0. Landscaping.
A. Purpose and intent. It is the purpose of this section to promote and protect the public health, safety, and general welfare by implementation of vegetative landscaping as means for:
(1) Facilitating the creation of a convenient, attractive, and harmonious community, through the preservation of existing vegetation and/or the installation of additional trees, shrubs and other plants;
(2) Providing vegetative buffers, screens, and boundaries, as visual and physical separations between uses, to mitigate the impacts of those uses upon each other;
(3) Preserving existing tree canopy, and encouraging additional tree canopy, to provide shade, moderate the effect of urban heat islands, and improve air quality;
(4) Preserving the character of lands, areas and properties of historic significance;
(5) Protecting against erosion and sedimentation;
(6) Reducing stormwater runoff and the costs associated therewith;
(7) Preserving and protecting the water table and surface waters;
(8) Increasing local food security;
(9) Protecting residents and visitors from personal injury and property damage, and from property damage, caused or threatened by the improper planting, maintenance or removal of trees, shrubs or other plants;
(10) Restoring soils and land denuded as a result of construction and/or grading;
(11) Increasing the tree canopy to provide shade and moderate the effect of urban heat islands;
(12) Protecting and enhancing property values and aesthetic qualities;
(13) Providing additional improvements to air quality through the carbon dioxide uptake process provided by trees and landscaping; and
(14) Providing visual screening, where appropriate.
B. Applicability.
(1) General. Except where expressly exempted, these standards shall apply to all development in the City.
(2) Review for compliance. Review for compliance with the standards of this section shall occur during review of an application for a site plan, planned development, or zoning permit, as appropriate.
(3) Exemptions. Single-family detached and duplex dwellings shall be exempted from the standards in this section.
Fredericksburg City Code View whole ordinance
Chapter 72. Unified Development Ordinance
[HISTORY: Adopted by the City Council of the City of Fredericksburg 10-8-2013 by Ord. No. 13-16; recodified 12-12-2013. Amendments noted where applicable.]
SECTION 72-55. Landscaping
Sec. 72-55.1. General requirements.
A. Landscape plan.
(1) To ensure compliance with the standards of this section, a professionally prepared landscape plan, approved by an International Society of Arboricultural certified arborist, demonstrating compliance with the requirements shall be included as a part of any application for approval of a site plan, subdivision, planned development, cluster development, certificate of appropriateness, special use permit, or zoning permit, as appropriate.
(2) In the event of phased development, a separate landscape plan shall be required for each distinct phase of a development.
(3) Minimum landscaping requirements are contained in Tables 72-55.4C and 72-55.4D.
B. Coordination with stormwater requirements. Stormwater management facilities required by this chapter or other City requirements may be incorporated into a proposed landscaping plan, potentially resulting in a credit towards landscaping or open space set-aside requirements.
C. Planting standards. Plantings shall comply with the following standards:
(1) New plantings.
(a) Deciduous canopy or shade trees shall be a minimum of one inch in caliper at the time of planting, as determined in the American Standard for Nursery Stock, ANSI Z60.1-2004, as amended.
(b) Understory, small maturing, or ornamental trees shall have a caliper of 1 1/2 inches at time of planting, as determined in the American Standard for Nursery Stock, ANSI Z60.1-2004, as amended.
(c) Evergreen trees shall be a minimum of four feet in height at the time of planting.
(d) Deciduous shrubs which are upright in nature shall be a minimum of 24 inches in height at the time of planting, and evergreen shrubs shall be a minimum of 18 inches in height at the time of planting.
(e) In cases where an aggregate caliper inch (ACI) requirement is utilized to derive a required amount of vegetation, and the ACI figure includes a fraction, an applicant may:
[1] Utilize a tree or trees with a caliper inch measurement exceeding the minimum size at time of planting standard of this subsection in order to meet the required ACI; or
[2] Round the ACI figure upwards until the figure corresponds with a whole number of trees meeting the minimum size at time of planting standard.
(f) When trees exceeding the minimum size at time of planting standard are proposed, the minimum calipers of such trees shall be clearly noted on the site plan or subdivision plat, as appropriate.
(g) In cases where application of the requirements in this subsection result in a fraction in the number of shrubs to be provided, the minimum number of shrubs or trees to be provided shall be rounded upwards to the next highest whole number.
(h) All landscape plant materials shall conform to the latest version of the American Standard of Nursery Stock (ANSI Z60.1, as amended). Plant material shall be of standard quality or better, 1 to name and type of species or variety.
(i) Native, drought tolerant vegetation should be used and preferred to reduce dependency upon irrigation and sustain the regions natural environment.
(j) To curtail the spread of disease or insect infestation in a plant genus, new plantings shall comply with the following standards:
[1] When fewer than 20 trees are required to be planted on the site, at least three different genuses shall be used, in roughly equal proportions.
[2] When more than 20 trees are required on a site, no more than 20% of any genus shall be used.
[3] Nothing in this subsection shall be cons1d so as to prevent the utilization of a larger number of different genuses than specified above.
[4] All trees and shrubs shall be planted in accordance with ANSI A300 Part 6.
(2) Existing vegetation. Existing healthy, well-formed canopy and understory trees, as well as healthy shrubs, which are preserved and protected throughout the development process, shall be credited toward the requirements of this section, provided the vegetation meets the minimum size standards and is protected before and during development of the site and maintained thereafter in a healthy growing condition (see ? 72-55.6, Tree preservation incentives).
(3) Stabilization.
(a) All landscape planting areas shall be stabilized and maintained with ground covers, mulches, or other approved materials to prevent soil erosion and allow rainwater infiltration.
(b) Groundcover located within three feet of a building base shall comply with applicable requirements of the Virginia State-wide Fire Prevention Code.
(4) Berms. All berms shall comply with the following design standards:
(a) The slope of all berms shall not exceed a two-to-one (2:1) ratio (horizontal to vertical), shall have a top width at least one-half the berm height, and a maximum height of eight feet above the toe of the berm.
(b) All berms, regardless of size, shall be stabilized with a ground cover or other suitable vegetation.
(c) Berms proposed to be placed along street right-of-way shall be designed and constructed to provide adequate sight distances at intersections and along the street.
(d) Berms shall not damage the roots of existing healthy vegetation designated to be preserved.
(5) Limitations on landscaping placement.
(a) Within easements.
[1] Nothing except groundcover shall be planted or installed within the area of any underground or overhead utility, drainage, or gas easement, without the prior written consent of the utility provider, the City, or as provided for by the applicable easement agreement. Minimum clear separation distances required by the current adopted version of the state's Fire Prevention Code shall be maintained between landscaping and any fire protection system.
[2] Where required landscaping material is damaged or removed due to utility activity within an easement, the landowner shall be responsible for replanting all damaged or removed vegetation necessary to ensure required landscaping meets the standards in this chapter.
(b) Near functional fire protection. Nothing except groundcover shall be planted or installed within 15 feet of a fire protection system without the prior written consent of the City Arborist. All such groundcover shall comply with applicable requirements of the Virginia State-wide Fire Prevention Code.
(c) Near underground meter. Nothing except groundcover shall be planted or installed within three feet of an underground meter without the prior written consent of the utility provider or the City.
(d) Beneath overhead utilities. Canopy trees shall not be planted beneath overhead utilities. Understory trees may be planted beneath overhead utilities with prior consent from the easement holder, or as provided for by the applicable easement agreement.
Hampton City Code View whole ordinance
Chapter 35 SUBDIVISIONS
ARTICLE IV. DESIGN STANDARDS AND IMPROVEMENTS GENERALLY
Sec. 35-82. Landscaping.
(A) All landscaping required to be installed, including but not limited to the location of street trees in all public rights-of-way, the provision of vegetative buffers for double frontage lots and properties zoned SPI-CBPD, and the selection and spacing thereof shall comply with the regulations in the "City of Hampton Landscape Guidelines" maintained by the department of community development, development services center. Planting requirements for all landscaping may be modified by the subdivision agent to address concerns including, but not limited to: providing for a vegetative buffer adjacent to an incongruent use, revegetating an RPA or IDA buffer or in conformance with good planning practices in compliance with any applicable provisions of the City Code or the zoning ordinance.
(B) This section shall apply to any subdivision plat filed subsequent to the 15th day of August, 2011.
(Ord. No. 11-0009, 8-10-11; Ord. No. 13-0004, 4-10-13)
Harrisonburg City Code View whole ordinance
Title 10 PLANNING AND DEVELOPMENT
CHAPTER 3. ZONING
ARTICLE D. SITE PLAN REVIEW
Sec. 10-3-18. General standards.
In addition to other requirements of this chapter and other regulations of the city, the comprehensive site plan review will evaluate the following:
(1) The unnecessary destruction of trees and other natural features.
(2) Adequate screening along common boundaries where necessary.
(3) Preservation and treatment of on-site natural watercourses
(Ord. of 4-23-96)
Harrisonburg City Code View whole ordinance
Title 9 PARKS, RECREATION AND CULTURAL AFFAIRS
CHAPTER 6. PUBLIC TREE ORDINANCE
Sec. 9-6-1. Purpose.
The purpose of this chapter is to set forth a policy to ensure the proper care and use of trees on public property. Well-placed and managed trees add value to the city by providing shade, improving air quality, minimizing storm water runoff, providing erosion control and contributing to aesthetic beauty. Under some circumstances, however, trees can be hazardous to public safety, such as when the wrong tree is planted in the wrong place or not managed. This chapter also provides guidelines for pruning or removal when warranted.
(Ord. of 12-14-04)
Lexington City Code View whole ordinance
Chapter 380. Trees
[HISTORY: Adopted by the City Council of the City of Lexington 4-20-2006 by Ord. No. 2006-03 (Ch. 25.1 of the 1970 Code). Amendments noted where applicable.]
Sec. 380-1. Purpose and intent.
This chapter establishes policies, regulations and standards necessary to ensure that the City of Lexington will continue to realize the benefits provided by its trees. The provisions of this chapter are enacted to:
A. Establish and maintain the maximum sustainable amount of tree cover on public and private lands in the City.
B. Maintain City trees in a healthy and nonhazardous condition through good arboricultural practices.
C. Establish and maintain an optimal level of age and species diversity.
D. Promote conservation of tree resources.
E. Select, situate and maintain public trees to maximize benefits and minimize hazard, nuisance and hardscape damage and manage costs at an appropriate level.
F. Coordinate tree management under a person or agency with the necessary expertise.
G. Foster community awareness and support for a local urban forestry program and foster good tree management on privately owned properties.
Lexington City Code View whole ordinance
Chapter 380. Trees
[HISTORY: Adopted by the City Council of the City of Lexington 4-20-2006 by Ord. No. 2006-03 (Ch. 25.1 of the 1970 Code). Amendments noted where applicable.]
Sec. 380-3. Policies regarding trees.
It shall be the policy of the City to:
A. Recognize that trees are a vital part of the urban infrastructure.
B. Promote the planting of site-appropriate trees along City streets.
C. Plant trees in "pocket parks" in the downtown area to preserve views and reduce conflicts between buildings and trees.
D. Properly plant and maintain trees to promote their longevity and safety.
E. Conduct a consistent and adequate program for maintaining and preserving trees.
F. Promote the involvement of both the public and private sectors in maintaining the health of the "community forest" of the City.
G. Identify and/or accept nominations for community trees located on private property, provide appropriate documentation of any such trees and provide for continuing protection of the same upon transfer of ownership of the property.
Manassas City Code View whole ordinance
Chapter 122 VEGETATION
ARTICLE II. TREE CONSERVATION
DIVISION 1. GENERALLY
Sec. 122-32. Purpose of article.
It is the general purpose of this article to preserve trees for future generations, to protect and to enhance property values, aesthetic qualities, appearance, and quality of life by providing for the regulation of the planting, maintenance, restoration, and survival of desirable trees within the city. Specifically, the purposes of this article are to:
(1) Establish and maintain the maximum sustainable amount of tree cover on public and private lands in the city;
(2) Maintain trees within the city in a healthy and nonhazardous condition through good arboricultural practices;
(3) Establish and maintain an optimal level of age and species diversity among trees within the city;
(4) Promote conservation of tree resources;
(5) Provide advice and information concerning the establishment and maintenance of trees and tree cover on public and private lands.
(6) Select, situate, and maintain public trees to maximize benefits, minimize hazard, nuisance, and erosion, and manage costs at an appropriate level;
(7) Coordinate tree management under a person or agency with the necessary expertise;
(8) Foster community awareness and support for a local urban forestry program, and to foster good tree management on privately owned properties; and
(9) Protect heritage, memorial, and specimen trees.
(Ord. No. O-2002-07, ? 1(31.1-1), 11-15-2001)
Manassas City Code View whole ordinance
Chapter 122 VEGETATION
ARTICLE II. TREE CONSERVATION
DIVISION 2. PRESERVATION AND REMOVAL
Sec. 122-51. Purpose of division.
This division regulates the preservation and removal of heritage, specimen, memorial and street trees, when such preservation and removal are not commercial silvicultural or horticultural activities, including but not limited to planting, managing, or harvesting forest or tree crops.
(Ord. No. O-2002-07, ? 1(31.1-4(a)), 11-15-2001)
Manassas City Code View whole ordinance
Chapter 130 ZONING
ARTICLE VII. TREE CANOPY REQUIREMENTS
Sec. 130-217. Requirements generally.
(a) All site and subdivision plans shall include tree canopies as specified in section 130-218.
(b) All trees shall be in conformance with the provisions of the design and construction standards manual (DCSM).
(Ord. No. O-2000-18, ? 34.1-121, 3-27-2000)
Martinsville City Code View whole ordinance
Chapter 21.5 TREES
Sec. 21.5-1. Purpose.
It is the purpose of the chapter: to conserve and protect public land, water, air, vegetation and other natural resources of the City of Martinsville, to promote and protect the public health, safety and general welfare by providing for the regulation of planting, maintenance, and removal of trees, shrubs, and other plants on public property within the City of Martinsville; and to preserve and protect such trees and other vegetation, during all phases of any land-disturbing activity.
(Ord. No. 2004-20, ? I, 1-25-2005)
Martinsville City Code View whole ordinance
Chapter 21.5 TREES
Sec. 21.5-6. Applicability.
This chapter shall apply to trees, plants and shrubs located within street rights-of-way, parks and public places of the city. Trees, plants and shrubs located on private property that constitute a public nuisance shall be governed by the city's property maintenance code.
(Ord. No. 2004-20, ? VI, 1-25-2005)
Martinsville ZONING ORDINANCE View whole ordinance
APPENDIX A LAND SUBDIVISION ORDINANCE
SECTION 5. GENERAL REGULATIONS
5-31. Street trees.
Trees shall only be located and planted in accordance with Zoning Ordinance Section XIV, Landscaping Standards and the Tree Ordinance of the City of Martinsville.
Middleburg Town Code View whole ordinance
Chapter 105 TREE PRESERVATION
[HISTORY: Adopted by the Council of the Town of Middleburg on 12/9/2010; amended 2/10/2011.]
105-1 Purpose
The purpose of this chapter is to encourage the planting and proper care of trees throughout the Town of Middleburg, to promote the preservation of existing trees and the replenishment of the tree stock to the maximum extent possible. These actions are intended to promote and contribute to the health, safety and general welfare of the Town and its inhabitants by decreasing flooding, soil erosion, air pollution and noise, by removing unsafe and hazardous conditions and by improving aesthetic and quality of life.
Middleburg ZONING ORDINANCE View whole ordinance
MIDDLEBURG ZONING ORDINANCE
ARTICLE XV. BUFFERING, SCREENING AND TREES
Part II. Trees
Section 213: Purpose
(a) The preservation of existing trees and the planting of trees, shrubs and other vegetation reduces erosion and sedimentation;
(b) Trees provide shade in summer and windbreaks in winter;
(c) Trees restore soils and land cleared as a result of construction or grading;
(d) Trees are proven producers of oxygen, an element necessary for human survival;
(e) Trees are an invaluable physical, aesthetic and psychological counterpoint to the town setting; and,
(f) Trees protect the general health, safety and welfare of the town and its residents.
Newport News City Code View whole ordinance
Chapter 37.1 STORMWATER MANAGEMENT
ARTICLE V. CHESAPEAKE BAY PRESERVATION
Sec. 37.1-51. - Performance standards.
(a) Purpose and intent. The purpose and intent of these requirements, as set forth in section 37.1-47(a), is to establish criteria to implement the following objectives: prevent a net increase in nonpoint source pollution from development; achieve a ten (10) percent reduction in nonpoint source pollution from redevelopment; and achieve a forty (40) percent reduction in nonpoint source pollution from agricultural and silvicultural uses.
The performance standards recognize that diverse local circumstances require varying methods for protecting water quality. The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxins, and maximize rainwater infiltration. Where land is undeveloped and not actively used, natural ground cover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Minimizing impervious cover enhances rainwater infiltration and effectively reduces stormwater runoff potential.
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(b) General performance standards for development and redevelopment. Performance standards for development and redevelopment within all Chesapeake Bay Preservation Areas, except within industrial waterfront IDAs, are set forth in subsection (1). Performance standards for development and redevelopment within all resource protection areas, except within Industrial Waterfront IDAs, are set forth in subsection (2). Performance standards for development and redevelopment within industrial waterfront IDA's are set forth in subsections (3).
(1) Chesapeake Bay Preservation Areas. The following performance standards for development and redevelopment apply in all Chesapeake Bay Preservation Areas except industrial waterfront IDAs and as otherwise hereinafter set forth.
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f. Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the use or development proposed and in accordance with the Virginia Erosion and Sediment Control Handbook, as adopted by Article VII of this Chapter.
1. Existing trees shall be preserved outside the limits of land disturbance. Diseased trees or trees weakened by age, storm, fire, or other injury may be removed, pursuant to section 37.1-51(b)(2)a.
2. Clearing shall be allowed only to provide necessary vehicular access, positive site drainage, water quality BMPs, and the installation of utilities as approved by the city manager, or designee.
3. Prior to clearing or grading, suitable protective barriers, such as fencing shall be erected five (5) feet outside of the dripline of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier unless otherwise authorized by the city manager, or designee.
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(2) Resource protection area buffer requirements. Except as hereinafter set forth, the following requirements shall apply within all resource protection areas. Development and redevelopment within industrial waterfront IDAs is exempt from these requirements.
To minimize the adverse effects of human activities on the other components of resource protection areas, state waters, and aquatic life, it is recognized that a one hundred-foot vegetative buffer area is effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff. A vegetated buffer area not less than one hundred (100) feet in width shall be established where it does not exist and retained where already present.
The buffer area shall be located adjacent to and landward of all RPA components and along both sides of any water body with perennial flow. The full buffer area shall be designated as the landward component of the RPA, in accordance with sections 37.1-49, areas of applicability and 37.1-52, plan of development.
The one hundred (100) foot buffer area shall be deemed to achieve a seventy-five (75) percent reduction of sediments and a forty (40) percent reduction of nutrients. The buffer area shall be maintained to meet the following additional performance standards:
a. In order to maintain the functional value of the buffer area, indigenous vegetation may be removed subject to approval by the city manager, or designee, only to provide for reasonable sight lines, access paths, general woodlot management and Best Management Practices, as follows:
1. Trees may be pruned or removed as necessary to provide for reasonable sight lines and vistas, provided that where they are removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff.
2. Any path shall be constructed and surfaced so as to effectively control erosion.
3. Dead, diseased, or dying trees or shrubbery and noxious weeds may be removed, and thinning of trees allowed pursuant to sound horticultural standard, subject to approval of the city manager, or designee.
4. For shoreline erosion control projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements.
b. When the application of the buffer areas would result in the loss of a buildable area on a lot or parcel recorded prior to October 1, 1989 the city manager, or designee, may allow encroachment into the buffer area in accordance with section 37.1-52, plan of development and the following criteria:
1. Encroachments into the buffer area shall be the minimum necessary to achieve a reasonable buildable area for a principal structure and necessary utilities.
2. Where practicable, a vegetated area that will maximize water quality protection, mitigate the effect of buffer encroachment, and is, equal to the area of encroachment into the buffer area shall be established elsewhere on the lot or parcel.
3. The encroachment may not extend into the seaward fifty (50) feet of the buffer area.
c. When the application of the buffer area would result in the loss of a buildable area on a lot or parcel recorded between October 1, 1989 and July 1, 2004, encroachments into the buffer area may be allowed through an administrative process in accordance with the following criteria:
1. The lot or parcel was created as a result of a legal process conducted in conformity with the city's subdivision regulations;
2. Conditions or mitigation measures imposed through previously approved exceptions shall be met;
3. If the use of a Best Management Practice (BMP) was previously required, the BMP shall be evaluated to determine if it continues to function effectively and, if necessary, the BMP shall be re-established or repaired and maintained as required; and
4. The criteria in subdivision (2)b. of this section shall be met.
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(Ord. No. 7017-13, ? 1; Ord. No. 7088-14, ? 1)
Newport News City Code View whole ordinance
Chapter 40.3 VEGETATION
Sec. 40.3-1. General.
The city council hereby finds and determines that damage to city trees, shrubs and other landscape plants and vegetation on city properties and rights-of-way is a matter that affects the public health, safety and welfare. The city council, therefore, concludes that regulations affecting activities that result in such damage are necessary and appropriate.
(Ord. No. 5679-01, ? 1)
Newport News City Code View whole ordinance
Chapter 45 ZONING ORDINANCE
ARTICLE XXXI. OVERLAY ZONING DISTRICTS AND REGULATIONS
DIVISION 1. SPECIAL REGULATIONS APPLICABLE TO PROPERTY ON AND SURROUNDING THE AIRPORT
Sec. 45-3102. Definitions.
As used in this article, the following terms shall have the meanings respectively ascribed to them, unless the context clearly requires otherwise:
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(22) Tree: Any object of natural growth.
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(Ord. No. 5028-97, ? 1)
DIVISION 9. LEE HALL CORRIDOR OVERLAY DISTRICT
Sec. 45-3166. Guidelines and development standards.
Purpose and intent: The following guidelines and development standards are intended to protect and enhance the visual experience from the established entrance corridors and to reduce incompatible and adverse impacts on scenic and historic sites.
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(b) Development standards. New subdivision, mixed-use, commercial and industrial development within this Lee Hall Overlay District should provide for visual compatibility and harmony with surrounding natural landforms and vegetation; be protective of views and vistas from the corridors identified in section 45-3163 of the City Code; and provide continuity of site design within the proposed development. These objectives include the following standards, in addition to the development standards specified for the underlying zones in the Zoning Ordinance:
(1) General.
A. Structures should not dominate, by excessive or inappropriate height or mass, any general development, adjacent building, or natural landscape.
B. Natural amenities such as views, trees, water courses, and other natural features should be preserved and incorporated into the site design.
C. Impervious surface areas should be minimized and landscaped areas should be maximized.
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(c) Grading and drainage.
(1) Development activities should avoid excessive or unsightly grading, indiscriminate earth moving or clearing of property, and removal of trees and vegetation that could cause disruption of natural water courses or disfigure natural land forms.
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(h) Landscaping requirements and tree protection.
(1) Purpose and intent. The purpose and intent of such landscaping requirements are to reduce the visibility of paved areas from adjacent properties and streets; moderate climatic effects; minimize noise and glare; and, to enhance public safety by defining spaces so as to influence traffic movement. Landscaping will also reduce the amount of storm water runoff, provide transition between neighboring properties, and frame and soften structures. Every effort shall be made through the design, layout, and construction of development projects to incorporate and preserve as many trees as possible.
(2) General. Landscaping and green area requirements shall be as established by City Code Chapter 33.02-51, Site Regulations. In addition, the following requirements shall apply to all landscape plans:
a. A landscaping plan shall be submitted in conjunction with the development or site plan submittal.
B. Such landscaping plan shall be drawn to scale, include dimensions and distances, and clearly delineate all existing and proposed vehicular movement and parking, and the location, size and description of all landscaping materials. All easements, transitional buffer areas and setback areas shall be labeled and dimensioned.
C. All plant materials shall be maintained in perpetuity in a healthy condition. The property owner or designated agent shall be responsible for the maintenance, repair and replacement of all landscaping materials as may be required by the provisions of this subsection. All plant material and landscaped bed areas shall be tended and maintained in a healthy growing condition, free from refuse, debris and weeds at all times.
(3) Parking area landscaping. In addition to the requirements of section 33.02-51(12) of the City Code, the following shall apply:
a. Masonry walls, fences, hedges or berms three (3) to four (4) feet in height in combination with required landscaping are required to screen parking areas with ten (10) spaces or more.
B. Pedestrian walkways between sites, parking areas and buildings are required to promote and enhance safe pedestrian circulation.
(4) Buffers and screening. Transitional buffer areas shall be provided as required by section 45-2802? of the City Code. Screening shall include a wall or fence designed to block visual and noise impacts to ensure compatibility between adjacent uses.
(5) Requirements for landscape plans. Outdoor furniture and fixtures for commercial and mixed-use development are elements of building and landscape design, and shall be identified on the landscape plan.
(6) Tree protection.
A. No person shall cut down, destroy, move, or remove or cause to be cut down, destroyed, moved or removed any living, disease-free tree of any species having a trunk six (6) inches in caliper or larger, measured four and one-half (4?) feet from the base, in conjunction with any development of land governed by this division until such activity has been approved under the provisions of this division.
B. No land shall be cleared or altered prior to approval of a development or site plan.
C. A survey of all trees six (6) inches in caliper or larger within the development area shall be made and submitted in conjunction with the development plan. All trees proposed for removal shall be clearly noted. The tree survey shall be certified either by a licensed land surveyor, registered engineer, or landscape architect.
D. When preliminary site evaluation by the applicant reveals the ability to accomplish the proposed project without removal of any trees six (6) inches in caliper or larger, the applicant shall submit a written statement that no trees will be removed and the development plan or site plan will indicate "No Large Caliper Tree Removal" as a condition thereof.
E. Those trees designated for preservation in accordance with the provisions of this Ordinance as shown on the approved landscaping plan shall be protected in accordance with section 33.02-51.(c) of the City Code.
(Ord. No. 6294-06)
Norfolk City Code View whole ordinance
Chapter 25.2 NEIGHBORHOOD AND LEISURE SERVICES
ARTICLE I. IN GENERAL
Sec. 25.2-3. Duties of director.
Subject to the supervision and control of the city manager in all matters, the director shall be charged with the administration of the affairs of the department of neighborhood and leisure services, the supervision, planning, management, care and control of all public parks, gardens and city beautification, the maintenance and preservation of shade trees and shrubbery, the supervision, management, care and control of all recreative facilities of the city, now owned or hereafter acquired, including, but not limited to tennis courts, beaches, boat ramps, parks and playgrounds, the maintenance of school grounds and playgrounds, the enforcement of the property maintenance provisions of the Uniform Statewide Building Code, and the coordination, facilitation and delivery of neighborhood services. Coextensively with the director of public health, the director of neighborhood and leisure services and his designees are hereby empowered to administer and enforce all the provisions of sections 27-1 through 27-12 of the Norfolk City Code and to act pursuant to authority granted therein and perform all the duties required thereof.
(Ord. No. 39,590, ? 4, 5-18-99)
Norfolk City Code View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION
ARTICLE I. GENERALLY
Sec. 45-3. Bureau of parks and forestry.
The bureau of parks and forestry, in addition to the responsibilities and authorities vested in it by chapter 25.2 of this Code, shall have the management, control and care of the area between the street curbing and the walkway, and of all trees and shrubbery on the streets, avenues and public grounds of the city, shall direct and regulate planting, transplanting, pruning, removal, care and protection of all shade and ornamental trees and shrubbery to be planted and cultivated, determining species and distances for such planting, and shall have all other necessary and convenient powers incident to the conduct of its duties.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-4. Duties of the city forester.
Under the supervision and direction of the director and the superintendent of parks and forestry, the city forester shall have the following responsibilities:
(a) To direct a comprehensive municipal forestry program encompassing natural resource conservation, preventative, corrective and routine maintenance, and reforestation components.
(b) To administer the tree ordinance and street tree management plan and perform whatever acts are necessary including the planting, maintenance, treatment and protection of trees, and the removal of dead, dying, diseased, damaged or hazardous trees, including trees which by virtue of their type, form, condition, size, location, or site conditions are predisposed to structural failure, or otherwise undesirable trees, shrubs and other vegetation located on city-owned property; and to ensure that all trees, shrubs and other vegetation located on city property conform with the tree ordinance, street tree management plan, and other controlling arboricultural specifications and standards.
(c) To establish and periodically review and revise, as necessary, controlling arboricultural specifications and standards, street tree planting and location standards, tree protection notes and details, and policies or practices to professionally manage the city's tree population and carry out the expressed intent of this article.
(d) To direct the development and operation of a municipal nursery.
(e) Administer a vegetated buffer protection program within the Chesapeake Bay Preservation Area Overlay District.
(f) To propose annual budget requirements and staffing and equipment requirements as deemed necessary to carry out the expressed purpose and intent of this article and street tree management plan.
(g) To establish and maintain a public relations program, including annual Arbor Day observations, Tree City USA certification, and other public relations programs in furtherance of the expressed purpose and intent of this article and the street management plan.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-6. City nurseries.
The bureau of parks and forestry shall have the authority to establish and maintain nurseries for the cultivation and growth of trees and plants for public use upon such land owned by the city as may be designated by the director of neighborhood and leisure services. Such nurseries shall be under the supervision of the bureau of parks and forestry and shall be operated under such rules and regulations as may be prescribed by the bureau. Such bureau is hereby authorized to supply and install trees and plants from its nurseries to be planted on the streets, parks, schools and other city-owned property, at such points as the bureau may deem expedient or for the purpose of replacing trees which have heretofore been planted, but which have died.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-10. Disposal or surplus trees or urban forest products.
The director may sell surplus nursery stock produced by the city and wood and other forest products generated through urban forestry and park operations which are not needed by the city. Monies generated from permit fees, donations, gifts and the sale of surplus nursery trees and wood or other forest products, or monies received as full compensation for the appraised value of trees removed by permit, shall be used solely for the purpose of enhancing urban forestry programs and operations.
(Ord. No. 41,728, ? 1, 2-15-05)
Sec. 45-11. Payment in lieu of tree, shrub, and other vegetation replacement or mitigation.
In any situation where replacement or mitigation is required, and it is impractical in the opinion of the director to perform replacement or mitigation, the director may accept a payment in lieu of replacement or mitigation. The payment due shall be determined by the director according to controlling arboriculture specifications and standards.
(Ord. No. 41,728, ? 1, 2-15-05)
Norfolk City Code View whole ordinance
Chapter 45 TREES AND OTHER VEGETATION
ARTICLE II. TREE ORDINANCE
Sec. 45-12. Purpose and intent.
It is the purpose of this article, to be referred to as the "Norfolk Tree Ordinance," to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance and removal of trees, shrubs and other vegetation in the city. It is the intent of the city council that the terms of this article shall be cons1d so as to promote the planting, maintenance, restoration and protection of desirable trees, shrubs and other vegetation within the city, to protect citizens from personal injury and property damage, and to protect public property from property damage caused or threatened by improper planting, maintenance, or removal of trees, shrubs, or vegetation plants located within the city.
(Ord. No. 41,728, ? 1, 2-15-05)
Norfolk ZONING ORDINANCES View whole ordinance
APPENDIX A ZONING ORDINANCE
ARTICLE III. REGULATIONS APPLICABLE TO ALL ZONING DISTRICTS
CHAPTER 17: LANDSCAPE PLANTINGS AND BUFFERS
17-1 Purpose statement.
The purpose of this chapter is to provide for the landscape planting and buffering of all building sites and parking areas which are subject to site plan review. These regulations are intended to protect and promote the public health, safety, and general welfare by preventing soil erosion; providing shade; protecting from excessive noise, glare, and heat; conserving natural resources of air and water; enhancing the overall appearance of development sites; and facilitating a convenient, attractive, and harmonious streetscape and community. These provisions are also intended to help implement the policies in the General Plan of Norfolk.
(Ord. No. 42,529, ? 1(Exh. A), 1-30-07)
17-2 Scope of application.
The standards contained within this chapter shall apply to all uses in zoning districts which require site plan review. The requirement for site plan review of a proposed use or structure is set forth in the district regulations in Article II of this ordinance. Site plan review provisions are set forth in Article V, Chapter 26.
(Ord. No. 42,529, ? 1(Exh. A), 1-30-07)
Portsmouth City Code View whole ordinance
Chapter 17 HOUSING AND COMMUNITY DEVELOPMENT
ARTICLE II. BUILDINGS AND STRUCTURES MAINTENANCE CODE
DIVISION 1. GENERALLY
Sec. 17-23. Definitions.
(a) For the purposes of this article, the following words and phrases shall have the meanings respectively ascribed to them by this subsection:
Debris means dead or dying standing weeds, dead or dying standing trees, any tree or parts of a tree which have fallen due to natural causes or otherwise, trash, junk, discarded or abandoned parts of vehicles, appliances or machinery, and shall include, but not be limited to the open outdoor storage of personal property of any kind such as appliances or appliance parts, furniture, interior or exterior equipment or machinery, which is no longer used, including antiques, collectables, glassware and crockery, or any other material or substance which may provide a harbor for snakes or rats or anything or any condition which may be a fire menace or breeding place for mosquitoes, give off obnoxious or offensive odors or endanger the health or safety of the residents of the city. Debris shall not include any of the above property openly stored in a junkyard as defined and permitted pursuant to the zoning ordinance.
Rubbish means all combustible and noncombustible waste materials, except garbage; and the term shall include, but not be limited to, the residue from the burning of wood, coal, coke and other combustible material, paper, rags, cartons, boxes, wood, excelsior, rubber, leather, tree branches, yard trimmings, tin cans, metals, mineral matter, glass, dust, crockery and abandoned automobiles.
(b) The following words and terms, when used in the code adopted in this article, shall have the following meanings:
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(3) The word "debris" means dead or dying standing weeds, dead or dying standing trees, any tree or parts of a tree which have fallen due to natural causes or otherwise, trash, junk, discarded or abandoned parts of vehicles, appliances or machinery or any other material or substance which may provide a harbor for snakes or rats or anything or any condition which may be a fire menace or breeding place for mosquitoes, give off obnoxious or offensive odors or endanger the health or safety of the residents of the city.
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(Code 1973, ?? 6-19, 17-19, 17-20; Code 1988, ?? 17-21, 17-101; Ord. No. 1988-111, ? 5(17-19), (17-20), 12-13-1988; Ord. No. 1991-13, ? 1, 2-12-1991; Ord. No. 2008-11, ? 1, 2-12-2008)
Cross reference? Definitions and rules of construction generally, ? 1-2.
Portsmouth City Code View whole ordinance
Chapter 36 VEGETATION
ARTICLE III. TREE PLANTING AND REPLACEMENT
Sec. 36-50. Purpose.
(a) The regulations set forth in this article have been made in order to assure the maintenance of an appropriate canopy of trees in the city and in accordance with findings that:
(1) Trees are proven producers of oxygen, a necessary element for human survival;
(2) Trees appreciably reduce the level of environmentally dangerous carbon dioxide in the atmosphere and play a vital role in purifying the air;
(3) Trees have an important role in neutralizing wastewater passing from the surface of the ground to the groundwater aquifers;
(4) Trees, through their root systems, stabilize the groundwater table and the soil, thereby playing an important role in erosion control and flood control;
(5) Trees are an invaluable physical, aesthetic and psychological counterpoint to the urban setting, providing shade and cooling the air and land, reducing noise levels and glare, and introducing visual variety into the urban landscape; and
(6) Trees, for the reasons listed above, have an important impact on the desirability of land and on property values.
(b) The regulations in this article are established pursuant to authority granted under Code of Virginia, ? 15.2-961, and reflect a determination that the planting and preservation of trees is essential for the present and future health, safety and welfare of the citizens of the city.
(Code 1988, ? 36-50; Ord. No. 1990-50, ? 1, 6-11-1990)
Portsmouth City Code View whole ordinance
Chapter 9.1 CHESAPEAKE BAY PRESERVATION AREA OVERLAY DISTRICT
Sec. 9.1-10. Performance standards.
(a) Purpose and intent. The performance standards establish the means to minimize erosion and sedimentation potential, reduce land application of nutrients and toxics, and maximize rainwater infiltration. Natural groundcover, especially woody vegetation, is most effective in holding soil in place and preventing site erosion. Indigenous vegetation, with its adaptability to local conditions without the use of harmful fertilizers or pesticides, filters stormwater runoff. Minimizing impervious cover enhances rainwater infiltration and effectively reduces stormwater runoff potential. The purpose and intent of these requirements are also to implement the following objectives: prevent a net increase in nonpoint source pollution from new development; achieve a ten percent reduction in nonpoint source pollution from development on previously developed land where the runoff was not treated by one or more water quality best management practices; and achieve a 40 percent reduction in nonpoint source pollution from agricultural uses.
(b) General performance standards for development and redevelopment.
(1) Land development, redevelopment, or disturbance shall be limited to the minimum area necessary to provide for the proposed use or development.
a. The submitted site plan shall indicate the limits of the proposed land disturbance, including areas for clearing or grading and shall be limited to the minimum area necessary to provide for the construction footprint. These limits shall be clearly shown on submitted plan and physically marked on the development site.
b. Ingress and egress during construction shall be limited to one access point.
(2) Indigenous vegetation shall be preserved to the maximum extent practicable consistent with the use or development proposed and in accordance with the Virginia Erosion and Sediment Control Handbook.
a. Existing trees over two inches in diameter at breast height (DBH) shall be preserved outside the construction footprint. Diseased trees or trees weakened by age, storm, fire, or other injury, as documented in writing to the director of planning by a landscape architect or a certified arborist who holds a current membership in either the International Society of Arboriculture (ISA), the Tree Care Industry Association, or the American Society of Consulting Arborists (ASCA), may be removed.
b. Other woody vegetation onsite shall be preserved outside the approved construction footprint.
c. Clearing shall be allowed only to provide necessary access, positive site drainage, water quality BMPs, and the installation of utilities.
(3) Prior to clearing or grading, suitable protective barriers, such as fencing of a type detailed in the Landscape Planting and Protection Manual, Portsmouth, Virginia shall be erected five feet outside of the dripline of any tree or stand of trees to be preserved. These protective barriers shall remain so erected throughout all phases of construction. The storage of equipment, materials, debris, or fill shall not be allowed within the area protected by the barrier.
(4) Land development, redevelopment or land disturbance which adds impervious cover shall minimize impervious cover to promote infiltration of stormwater into the ground consistent with the proposed use or development. Pervious surfaces where soil conditions and/or water table permit shall be used for any parking area, maneuvering aisle, or other low traffic driveway.
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(c) Criteria RPAs.
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(5) Permitted modifications of the buffer area. In order to achieve the functional value of the buffer, existing vegetation may be removed, subject to approval by the city planning director, only to provide for reasonable sight lines, access paths, general woodlot management, and best management practices, including those that prevent upland erosion and concentrated flows of stormwater, as follows:
a. Trees may be pruned or removed as necessary to provide for reasonable sight lines and vistas, provided that where removed, they shall be replaced with other vegetation that is equally effective in retarding runoff, preventing erosion, and filtering nonpoint source pollution from runoff.
B. Any path shall be constructed and surfaced as to effectively control erosion.
C. Dead, diseased, or dying trees or shrubbery and noxious weeds such as Johnson grass, kudzu and multiflora rose may be removed and thinning of trees may be allowed, pursuant to sound horticulture practice.
D. For shoreline erosion projects, trees and woody vegetation may be removed, necessary control techniques employed, and appropriate vegetation established to protect or stabilize the shoreline in accordance with the best available technical advice and applicable permit conditions or requirements.
E. Flower and/or vegetable gardens, or similar amenity as long as no brush and/or trees are removed from the RPA.
(6) Buffer area requirements for intensely developed areas. In the intensely developed area the director of planning may, after consulting with the city engineer, exercise discretion regarding whether to require the establishment of vegetation in the 100-foot-wide buffer area. However, while the immediate establishment of vegetation in the buffer area may be impractical, consideration to implementing measures that would establish vegetation in the buffer in these areas over time shall be considered in order to maximize water quality protection, pollutant removal and water resource conservation.
(Code 1988, ? 9.1-10; Ord. No. 2004-02, ? 1, 1-13-2004; Ord. No. 2005-04, ? 2, 1-11-2005; Ord. No. 2009-88, ? 1, 8-25-2009)
Richmond City Code View whole ordinance
Chapter 19 OFFENSES AND MISCELLANEOUS PROVISIONS
ARTICLE XII. NEIGHBORHOOD SAFETY DISTRICTS
Sec. 19-491. Citizen activity.
Each plan shall provide for specific actions to be undertaken by residents organized within the neighborhood safety district to further the purposes of this article. Such activities may be undertaken with City support, if appropriate, and may include, but need not be limited to, the following:
(1) Agreement by neighborhood groups, businesses, churches, schools, and other organizations that agree to clear debris, remove graffiti, paint walls, repair playground equipment, and plant trees and gardens at a specific street corner or park;
(2) Agreement by residents to spend a set portion of a Saturday or weekend working to improve the physical appearance of their yards, homes, and adjacent areas;
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(Code 2004, ? 66-544; Ord. No. 2004-143-143, ? 1(20-244), 5-24-2004)
Richmond City Code View whole ordinance
Chapter 25 SUBDIVISION OF LAND
Sec. 25-222. Easements along side or rear in dwelling districts abutting expressway or toll road.
An easement at least ten feet in width, across which there shall be no right of access to or from subdivision lots, shall be provided along the side or rear of lots in dwelling districts established by or pursuant to Chapter 30 which abut an expressway or toll road. The easement shall be used for the cultivation of trees, shrubs or other vegetation of such character as will lessen the adverse effect of the movement of vehicles over such expressway or toll road upon the use of land for dwelling purposes.
(Code 1993, ? 26-48; Code 2004, ? 94-176)
Richmond City Code View whole ordinance
Chapter 30 ZONING
ARTICLE VII. OFF-STREET PARKING AND LOADING REQUIREMENTS
DIVISION 2.1. OFF-STREET PARKING IMPROVEMENT REQUIREMENTS AND LANDSCAPING STANDARDS
Sec. 30-710.10. Intent.
The intent of this division is to facilitate the creation of a convenient, attractive and harmonious community; to conserve and protect natural resources, including air and water quality; to protect and enhance property values; and to promote public safety by providing internal landscaping, perimeter buffer, tree coverage and other improvement standards for the development and maintenance of parking areas and parking lots in the City.
(Code 1993, ? 32-710.10; Code 2004, ? 114-710.10)
Sec. 30-710.12. Improvement of parking areas and parking lots.
Parking areas and parking lots containing five or more parking spaces shall be improved and maintained in accordance with the following:
(1) Screening along interior lot lines in certain cases. Whenever a parking area or parking lot abuts or is situated within 50 feet of property in an R, RO, HO or I district, unless separated therefrom by an alley providing access to such parking area or parking lot, the parking area or parking lot shall be effectively screened from view from such property by evergreen vegetative material not less than 3? feet in height at the time of installation or by an opaque structural fence or wall not less than four feet in height, provided that such parking area or parking lot need not be screened from an adjacent parking area or parking lot containing five or more parking spaces or from an adjacent loading area. Evergreen vegetative material intended to satisfy this subsection shall be planted at such intervals that will result in a continuous visual screen within one year of planting.
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(Code 1993, ? 32-710.12; Code 2004, ? 114-710.12; Ord. No. 2011-33-53, ? 1, 3-28-2011)
Sec. 30-710.13. Perimeter buffers: landscaping requirements.
Except as provided in Subsection (3) of this section, parking areas and parking lots containing five or more parking spaces shall be improved and maintained with landscaping in accordance with the requirements of this section as follows:
(1) Treatment of required landscaped buffers. Treatment of required landscaped buffers shall be in accordance with the following:
a. Required landscaped buffers shall be provided with vegetative ground cover, trees, shrubs, other plant material, or any combination thereof, except where more specific requirements are set forth in Subsection (2) of this section. Mulch ground cover may be provided as a border or supplement to other vegetation in a required landscaped buffer. Pedestrian walkways incidental to landscaped buffers may be incorporated within such buffers when the other requirements of this Subsection (1)a are met.
b. All required landscaped buffers shall be protected from encroachment by motor vehicles by installation of curbs, wheel stops or other features which separate the landscaped buffer from areas improved for vehicle parking or circulation.
(2) Landscaped buffers along streets. Landscaped buffers as set forth in Subsections (2)a through (2)d of this section shall be installed and maintained between all areas devoted to parking and all adjacent street lines, provided that approved driveways enabling access to abutting streets may extend through such buffers.
a. Zoning districts and permitted buffer alternatives. The following table specifies the buffer and buffer alternatives that satisfy the landscaped buffer requirement in each zoning district. Where more than one buffer alternative is listed for a zoning district, any of the listed alternatives may be provided to satisfy the buffer requirement in that district:
b. Description of buffer alternatives. The depth of and improvements required within each buffer alternative are as follows. In all cases, buffer alternatives are minimum requirements, and greater buffer depth, additional landscaping or additional fence or wall improvements may be provided:
1. Buffer "A," as shown below, shall have a depth of not less than the minimum yard requirement applicable along each street frontage of the property, but in no case less than five feet, and shall include an evergreen vegetative screen not less than 3? feet in height at the time of installation placed along the setback line of the parking area. Evergreen vegetative material intended to satisfy this requirement shall be planted at such intervals that will result in a continuous visual screen within one year of planting.
2. Buffer "B," as shown below, shall have a depth of not less than the minimum yard requirement applicable along each street frontage of the property, but in no case less than five feet, and shall include an opaque structural fence or wall not less than four feet in height placed along the setback line of the parking area and shall include shrubs located adjacent to such fence at a rate of not less than ten for each 50 linear feet or major fraction thereof of buffer along each street frontage.
3. Buffer "C," as shown below, shall have a depth of not less than the minimum yard requirement applicable along each street frontage of the property, but in no case less than five feet, and shall include a decorative fence or wall not less than 3? feet in height placed along the setback line of the parking area and shall include trees and shrubs located adjacent to such fence at a rate of not less than one tree and four shrubs for each 50 linear feet or major fraction thereof of buffer along each street frontage.
4. Buffer "D," as shown below, shall have a depth of not less than 25 feet and shall consist of an earthen berm not less than three feet in height with slopes not greater than three feet horizontal for each one foot vertical and shall include trees and shrubs located on the top or street side of such berm at a rate of not less than one tree and four shrubs for each 50 linear feet or major fraction thereof of buffer along each street frontage.
5. Buffer "E," as shown below, shall have a depth of not less than the minimum yard requirement applicable along each street frontage of the property and shall include trees and shrubs at a rate of not less than one tree and four shrubs for each 40 linear feet or major fraction thereof of buffer along each street frontage. In any case where the applicable yard requirement along a street is five feet or less, the trees and shrubs required for buffer "E" may be substituted with the improvements specified for buffer "H," "I," or "J," provided that the applicable yard requirement is met.
6. Buffer "F," as shown below, shall have a depth of not less than 15 feet and shall include trees and shrubs at a rate of not less than one tree and four shrubs for each 50 linear feet or major fraction thereof of buffer along each street frontage.
7. Buffer "G," as shown below, shall have a depth of not less than ten feet and shall include trees and shrubs at a rate of not less than one tree and four shrubs for each 40 linear feet or major fraction thereof of buffer along each street frontage.
8. Buffer "H," as shown below, shall have a depth of not less than five feet and shall include a decorative fence or wall not less than 3? feet in height and shrubs at a rate of not less four shrubs for each 50 linear feet or major fraction thereof of buffer along each street frontage.
9. Buffer "I," as shown below, shall have a depth of not less than two feet and shall include a decorative fence or wall not less than 3? feet in height and vegetative ground cover, shrubs or other plant material.
10. Buffer "J," as shown below, shall consist of a decorative fence or wall not less than 3? feet in height located at the edge of the area devoted to parking.
11. Buffer "K," as shown below, shall have a depth of not less than five feet and shall include vegetative ground cover, shrubs or other plant material.
c. Tree and shrub standards. Standards for trees and shrubs shall be as follows:
1. Trees to be credited toward buffer requirements shall be deciduous trees having a caliper of not less than 2? inches at the time of installation measured six inches above the ground or evergreen trees having a height of not less than six feet at the time of installation. Healthy existing trees to be retained within a buffer area may be credited toward buffer requirements when such trees are shown on approved plans and are adequately protected during construction.
2. Trees to be credited toward buffer requirements shall be distributed as equally as practical throughout the length of the buffer, with consideration for the species of trees, topography, location of driveways and utilities and other physical conditions.
3. Shrubs to be credited toward buffer requirements shall be evergreen shrubs not less than two feet in height at the time of installation. Shrubs may be grouped in a manner appropriate to the species and need not be distributed equally throughout the length of the buffer.
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(3) Landscaped buffers along interior lot lines. In addition to the screening requirements set forth in Section 30-710.12, parking areas and parking lots containing 30 or more parking spaces and parking areas containing five or more parking spaces serving uses with drive-up facilities or facilities for dispensing motor fuels shall be provided with landscaped buffers of not less than five feet in depth installed and maintained between all areas devoted to parking and all lot lines other than street lines, provided that approved driveways connecting properties or enabling access to abutting alleys may extend through such buffers.
(Code 1993, ? 32-710.13; Code 2004, ? 114-710.13; Ord. No. 2004-180-167, ? 1, 6-28-2004; Ord. No. 2006-168-189, ? 2, 7-10-2006; Ord. No. 2008-2-55, ? 2, 3-24-2008; Ord. No. 2009-221-2010-9, ? 1, 1-25-2010; Ord. No. 2010-19-31, ? 3, 2-22-2010)
Roanoke City Code View whole ordinance
Chapter 36.2 ZONING
ARTICLE 6. DEVELOPMENT STANDARDS
DIVISION 3. GENERAL DEVELOPMENT STANDARDS
Sec. 36.2-630. General development standards.
The provision and location of all pedestrian and vehicular traffic related facilities, including sidewalks, curbs and gutters, street trees, street lighting, frontage roads, and acceleration and deceleration lanes, shall be as required by the Agent to the Planning Commission, provided that the property's development directly generates the need for such infrastructure and provided further that the infrastructure required is in proportion to the level of need generated by the development. Such determination by the Agent shall be based upon a quantifiable need documented by analysis of existing and post-development conditions, such as traffic or drainage studies.
(Ord. No. 40088, ? 1, 10-20-14)
Roanoke City Code View whole ordinance
Chapter 36.2 ZONING
ARTICLE 6. DEVELOPMENT STANDARDS
DIVISION 4. LANDSCAPING AND SCREENING
Sec. 36.2-640. Purpose.
The purpose of this division is to protect the public health, safety, and general welfare by incorporating landscaping, screening, and tree canopy preservation requirements into the development process. This Division establishes minimum requirements for the installation, preservation, and maintenance of planting and screening materials intended to:
(a) Ensure development consistent with the goals of the Comprehensive Plan;
(b) Reduce soil erosion;
(c) Increase infiltration in permeable land areas to improve stormwater management and aquifer recharge;
(d) Mitigate air, dust, noise, and chemical pollution;
(e) Reduce the heat island effect of impervious surfaces;
(f) Preserve existing native vegetation as an integral part of the community;
(g) Promote planting techniques that ensure the long-term health of landscaping materials;
(h) Reduce public costs to taxpayers for stormwater management, air pollution controls, and related infrastructure;
(i) Protect property values by requiring site appropriate landscaping; and
(j) Mitigate the impacts of intense development on less intense uses.
Salem City Code View whole ordinance
Chapter 106 ZONING
ARTICLE II. DISTRICT REGULATIONS
Sec. 106-230. Urban forest overlay district.
Sec. 106-230.1. Statement of intent.
(A) It is the intent of the Urban Forest Overlay District to promote healthy tree canopies within the City of Salem. The standards contained in this district help to increase both the number and size of trees in new development. These types of plants are important to maintaining general health as they reduce temperatures caused by urban heat islands, absorb carbon dioxide and other pollutants, and emit oxygen. This ordinance shall not apply to parcels zoned RSF or RMF.
Salem City Code View whole ordinance
Chapter 106 ZONING
ARTICLE II. DISTRICT REGULATIONS
Sec. 106-230. Urban forest overlay district.
Sec. 106-230.3. Establishment of urban forest overlay district.
(A) Urban Forest Overlay Districts shall include all parcels with frontage on one or more of the following roads:
1. West Main Street?Between 4th Street and the Western City Limits.
2. East Main Street?Between Thompson Memorial and Route 419.
3. Route 419.
4. Apperson Drive.
5. 4th Street?Between West Main Street and Union Street.
6. Wildwood Road.
7. Thompson Memorial Drive.
Salem City Code View whole ordinance
Chapter 106 ZONING
ARTICLE IV. DEVELOPMENT STANDARDS
Sec. 106-402.1. General requirements.
(A) These provisions shall apply to all developments requiring a site plan as specified by this chapter. All required landscaped plans shall be prepared by a licensed professional knowledgeable of plant materials and landscape design.
(Ord. of 3-14-05(2))
Staunton City Code View whole ordinance
Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.25 TREES AND SHRUBBERY ON PUBLIC PROPERTY
12.25.010 Purpose.
It is recognized that trees add a great deal to property values by providing shade, erosion control, and general beauty to the city, making the latter more appealing to visitors and more pleasant for the citizenry.
It is further recognized that landscaping on public property also adds to the general beauty and appeal of the city, thereby enhancing both tourism and the quality of life for the citizenry.
It is, therefore, the purpose of this chapter to set forth a policy which encourages the planting, nurturing, and proper maintenance of all trees on public property. Experience has shown that trees, under some circumstances, can be hazardous to public safety; hence, this chapter also provides for tree pruning or removal when conditions warrant.
(Code 1985, ? 26-64; Ord. 6-25-87; Ord. 2-10-99).
Staunton City Code View whole ordinance
Title 18 ZONING
Chapter 18.120 YARD, BUILDING SETBACK, AND OPEN SPACE EXCEPTIONS
18.120.010 Setback exceptions.
The following requirements are intended to provide exceptions or qualify and supplement, as the case may be, the specific district regulations set forth except in Division II of this title.
(1) No yard, open space, or lot area required for a building or structure shall, during its life, be occupied by any other building or structure except:
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(k) Trees, shrubs, flowers, and other plants subject to the vision requirements in this chapter.
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(Ord. 2011-07; Ord. 2009-22; Ord. 2009-20; Ord. 2004-06. Zoning ordinance Art. 5, ? 4)
Staunton City Code View whole ordinance
Title 18 ZONING
Chapter 18.175 LANDSCAPING AND SCREENING
18.175.010 Purpose and intent.
The city council for the city of Staunton, Virginia, in order to promote the general health, safety, and welfare of the citizens; to facilitate the creation of an attractive and harmonious community; to conserve, protect, and enhance natural resources; and to safeguard and protect land values states that the purpose and intent of this chapter is as follows:
(1) To aid in stabilizing the environment?s ecological balance by contributing to the process of air purification, oxygen regeneration, groundwater recharge, and storm water runoff retardation, while at the same time aiding in noise, glare, and heat abatement;
(2) To encourage the preservation of existing trees and cultivated vegetation;
(3) To assist in providing adequate light and air and in preventing overcrowding of land;
(4) To provide visual buffering and enhance the beautification of the city;
(5) To safeguard and enhance property values and to protect public and private investment;
(6) To preserve, protect and restore the unique identity and environment of the city and to protect the economic base attracted to the city by such factors;
(7) To conserve energy and to protect the public health, safety, and general welfare.
(Zoning ordinance Art. 5, ? 15).
Suffolk Development Ordinance View whole ordinance
Unified Development Ordinance
ARTICLE 4 ZONING
PURPOSE: This Article divides the City into districts for the purpose of regulating the use, dimensions, construction, reconstruction, alteration and use of lands within the districts. This Article establishes a series of basic zoning districts, several overlay districts wherein additional standards may apply, and several "floating zones" (PD and TND districts) which may be designated at the request of the property owner. General regulations for all development (regardless of the zoning district) are set forth in Article 6. Refer to Article 7 for additional regulations applicable to particular uses.
SEC. 31-411. USE PATTERNS.
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(e) CLUSTER PATTERN.
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(10) DESIGN STANDARDS.
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B. Open Space Recreation.
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(vi) One large street tree is required along the subdivision streets spaced a maximum of 60 feet on center along roadways which do not have residential lots. Each individual residential lot within the "Cluster" development will plant one street tree per lot. The Planning Director or his designee can administratively approve variances to this plan in order to meet lot layout, right-of-way, or driveway locations matters. Street trees may be either a London Plane Tree, Red Oak, Willow Oak, Zelkova, or Red Maple, and shall be a minimum 2-inch in caliper when planted. The planting area shall be either in the right-of-way or on individual lots within ten feet of the front property line.
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(g) TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) USE PATTERN.
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(10) LANDSCAPE. Trees shall be used as a design element to provide visual identity to the TND and reinforce street hierarchy. Street trees shall be planted along all streets at a maximum average spacing of 30 feet on center. Landscaping shall comply with the requirements of the landscaping standards of this Ordinance.
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(Ord. No. 11-O-086, 10-19-2011)
Suffolk Development Ordinance View whole ordinance
Unified Development Ordinance
ARTICLE 6 DESIGN AND IMPROVEMENT STANDARDS
Purpose: This Article establishes development standards for applications for development involving zoning and/or subdivision approval. Included are uniform standards for public facilities capacity, architectural design, lot layout, parking, parks and open space, streets, utilities and water and wastewater. The purpose of these standards is to provide uniformity in the criteria for development approval, to implement the Comprehensive plan by tying new development to the City's capital improvements programming process, to protect the public health and safety and to protect property values and economic development.
SEC. 31-602. DESIGN STANDARDS.
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(b) GENERAL REQUIREMENTS. Except as otherwise indicated or where indicated as being optional or recommended, the following requirements shall apply within all zoning districts:
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(5) ENCLOSURE RATIO (OPTIONAL EXCEPT FOR CBD AND VC DISTRICTS).
A. The Enclosure Ratio refers to the ratio of building height to spaces in front of the building. Buildings serve to spatially define streets. Proper spatial definition is achieved with buildings or other architectural elements (including certain tree plantings) that make up the street edges aligned in a disciplined manner with an appropriate ratio of height to width. The condition of alignment occurs when the facades of buildings cooperate to delineate the public space, as walls form a room. Building articulation must take place primarily in the vertical plane or fa?ade. Appendages such as porches, balconies, and bay windows are encouraged to promote the visual transition. The condition of enclosure generated by the height-width ratio of the space is related to the physiology of the human eye. If the width of a public space is such that the cone of vision encompasses less street walls than the opening to the sky, then the degree of spatial enclosure is slight. Ratios not exceeding 1:4 are considered optimal, while a 1:6 height-to-width ratio is the absolute minimum required for appropriate urban spatial definition. See P. Craighead, ed., The Hidden Design in Land Use Ordinances (University of Southern Maine, 1991), at 45; r. Arendt, Rural by Design (American Planning Association, 1994), at 10-11. An appropriate average ratio is 1:3. As a general rule, the tighter the ratio, the stronger the sense of place. Spatial enclosure is particularly important for shopping streets, which must compete with malls which provide very effective spatial definition. In the absence of spatial definition by facades, disciplined tree planting is an alternative. Trees aligned for spatial enclosure are necessary along thoroughfares with substantial front yards.
B. The height and/or setback of buildings facing across a public right-of-way shall be adjusted to conform to the maximum enclosure ratios as set forth in Column (B) below, as measured from the front fa?ade of buildings facing across a public right-of-way. If Streetscape Landscaping is provided in accordance with Section 31-603(g)(2)B. of this Ordinance, the enclosure ratio shall be measured from the height of the trees at maturity rather than the height of the buildings, and shall conform to Column ?, below. For the internal streets or circulation systems of subdivision plats or site plans, the Enclosure Ratio shall be computed by dividing the height of the shortest facing structure by the spaces between the buildings. For development on individual tracts adjoining a public right-of-way and not under common ownership with tracts or parcels facing across the right-of-way, the Enclosure Ratio shall apply only to the tract or parcel subject to the application for development approval.
Virginia Beach City Code View whole ordinance
APPENDIX E TREE PLANTING, PRESERVATION AND REPLACEMENT
Sec. 1.1. Narrative.
Trees are proven producers of oxygen, a necessary element for the survival of man. Trees appreciably reduce the ever-increasing and environmentally dangerous carbon dioxide contents in the air, and they play a vital role in purifying the air that man breathes.
Trees precipitate dust and other particulate airborne pollutants to settle on the ground.
Trees, through their root systems, stabilize the water table and play an important and effective part in soil conservation and erosion control.
Trees are an invaluable physical and psychological counterpart to the urban setting, make urban life more comfortable by providing shade and cooling of the air and land, and reducing noise levels and glare.
The city council of Virginia Beach has determined that the planting and preservation of trees within Virginia Beach is not only desirable but essential to the present and future health, safety and welfare of all the citizens.
(Ord. No. 1965, 6-11-90)
Sec. 1.2. Intent.
It is the intent of the City of Virginia Beach to require the planting of trees on residential lots and along residential streets. It is further intended to perpetuate tree growth through these provisions, to encourage tree preservation, provide adequate tree canopy and numbers, in the best interests of the health, safety and welfare of present and future citizens.
(Ord. No. 1965, 6-11-90; Ord. No. 2330, 5-23-95)
Virginia Beach City Code View whole ordinance
Chapter 30 SOIL REMOVAL, OTHER LAND-DISTURBING ACTIVITIES
ARTICLE III. EROSION AND SEDIMENT CONTROL AND TREE PROTECTION
DIVISION 1. GENERALLY
Sec. 30-56. Findings of council.
The city council has determined that the trees and the lands and waters comprising the watersheds of the city are great natural resources; that as a result of erosion of lands by both winds and water and sediment deposition in waters within the watersheds of the city, such waters are being polluted and despoiled to such a degree that fish, aquatic life, recreation and other uses of lands and waters are being adversely affected; that the rapid shift in land use from agricultural to nonagricultural uses has accelerated the processes of soil erosion and sedimentation and tree removal; and that it is necessary to establish and implement, through the department of planning, a city-wide coordinated erosion and sediment control program to conserve and to protect the land, water, air, trees and other natural resources of the city.
(Ord. No. 1907, 8-21-89; Ord. No. 2144, 6-23-92)
Waynesboro City Code View whole ordinance
Chapter 74 SUBDIVISIONS
ARTICLE IV. SUBDIVISION DESIGN
DIVISION 2. STREETS
Sec. 74-62. Design.
(a) The following chart indicates the minimum acceptable widths of right-of-way, paved surface and adjacent easements for newly constructed streets of various categories:
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(3) The term "adjacent easement" refers to an area five feet in width on either side of the dedicated right-of-way which shall not be deemed to be conveyed to the city in fee simple, but over which the city shall be deemed to have a perpetual easement for public purposes, including but not limited to location of utility lines, poles and meters, planting of shade trees, installation of traffic signs or signals, bus stops or benches and clearing and cutting to preserve visibility at driveways and intersections. The developer shall grade the areas subject to such easements in the same manner as the dedicated right-of-way, and such easements shall be shown on preliminary and final plats. The reservation of such easements shall not be deemed to deny the property owner rights of ingress and egress which would otherwise accrue to him, nor to deny the developer or owner the right to include the area subject to the easement in calculating lot sizes to fulfill minimum area requirements in the city zoning ordinance (chapter 98 "Zoning" of this Code).
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(Ord. No. 2000-56, 11-27-00)
Woodstock Town Code View whole ordinance
Chapter 26 ENVIRONMENT
ARTICLE VI. URBAN FORESTRY
Sec. 26-100. Purpose and intent of this chapter.
(a) It is the purpose of this chapter to promote and protect the public health, safety and general welfare by providing for the regulation of the planting, maintenance, preservation and removal of trees and shrubs, on public property within the Town of Woodstock.
(b) The purpose of this chapter is to further promote the following:
(1) The planting, maintenance, restoration, and survival of desirable trees and shrubs with the town.
(2) The protection of community residents and visitors from personal injury and property damage, and the protection of the town from property damage, caused or threatened by the improper planting, maintenance, or removal of trees and shrubs, located on public property.
(3) The reduction of erosion and sedimentation.
(4) The reduction of stormwater run-off and its associated costs.
(5) The protection and enhancement of property values and aesthetic qualities in the town.
(6) The protection and enhancement of the overall environment of the town.
(7) The enhancement of the quality of life of the town and its citizens.
(8) To facilitate the long-range planning of tree care in the town.
(Ord. of 9-7-2004)